Covid-19: International Response

Baroness McIntosh of Pickering Excerpts

Monday 18th May 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate my noble friend the Minister on introducing this debate. I want to focus on two aspects. First, I co-chair the All-Party Water Group. I was particularly interested in my noble friend’s reference to DfID’s joint funding with Unilever of sanitation, hygiene and water resources. Will she assure us that the UK and other nations will look to work more closely with multinational companies, particularly those such as Nestlé. Along with other colleagues from both Houses, I had the privilege a number of years ago to visit the important work that it is doing in Africa—in South Africa, in particular—through EcoLink. This virus will thrive without proper sanitation. A proper supply of water, particularly hot water, to developing countries is especially important in this regard.

I urge my noble friend through her international counterparts, in particular at the summit that we will chair on 4 June, to make sure that we understand the origins of this virus so that we do not have a similar virus or the same virus in the future. If it is traced to dubious animal markets in China, will she use her good offices to ensure that those markets are closed down and will not give rise to a future virus?

Gavi: Covid-19

Baroness McIntosh of Pickering Excerpts

Monday 18th May 2020 Lords Chamber

[Baroness Sugg]

My Lords, we are working closely with the UN agencies and NGOs in refugee camps to ensure that they continue to provide the life-saving SRHR support that they do, and that we provide them with the correct healthcare equipment, which they distribute to keep people safe.

[Baroness McIntosh of Pickering (Con)]

My Lords, I ask the Minister to use her good offices, in advance of the summit on 4 June, to contact our Commonwealth partners about increasing immunisation against those deadly diseases to which she referred, in spite of the ongoing pandemic.

[Baroness Sugg]

I reassure my noble friend that we are working closely with the Commonwealth, which has an essential role to play in our global response. Most recently, on 14 May, there was a virtual meeting with all Commonwealth Health Ministers, which was also attended by the director-general of the WHO and representatives of Commonwealth organisations, such as the Commonwealth Foundation and the Commonwealth Medical Association. We will continue to work closely with our Commonwealth partners to ensure that we end this pandemic.

Passports

Baroness McIntosh of Pickering Excerpts

Wednesday 10th April 2019 Lords Chamber

[Baroness Williams of Trafford]

The noble Lord makes a funny point. I do not think that we should deface our passports, just to put that out there, but we can buy covers and put pretty much what we want on them.

[Baroness McIntosh of Pickering (Con)]

My Lords, does my noble friend agree that the Government website and the adverts the Government have put out are confusing? If you have six months’ validity on your passport, can you still travel to the European Union? Would the Government mind extending it so that new passports would be valid for 10 years and six months henceforth?

[Baroness Williams of Trafford]

My noble friend makes a good point. Countries such as the US offer travellers leave to go for a fixed period of time so they can use their passport right up to the 10-year limit. It would therefore be rather confusing to make ours valid for 10 and a half years. I know exactly the point she is making, though.

Protestors’ Rights

Baroness McIntosh of Pickering Excerpts

Tuesday 9th April 2019 Lords Chamber

[Baroness Williams of Trafford]

The noble and learned Lord is of course absolutely right—and I wish him a happy birthday.

[Baroness McIntosh of Pickering (Con)]

Does my noble friend agree that it would be much better if INEOS and other such energy companies engaged at the earliest possible stage with local communities, and that it would stand INEOS and those companies in good stead if they would respect the energy law laid down that there will be no fracking in, near, above or below a national park?

[Baroness Williams of Trafford]

Certainly, any large organisation that needs to impact a community would be well advised to engage with it well ahead of time. During such a process, people who protest have to balance their right to protest with their responsibility to uphold the law.

UK Convergence Programme

Baroness McIntosh of Pickering Excerpts

Tuesday 9th April 2019 Lords Chamber

We are in something of a moment of economic depression. This might be the calm before the storm, but in reality it is Brexit that will set the context, and I hope for goodness’ sake that we manage to make sure that we do not let that destroy our hard-won economy.

[Baroness McIntosh of Pickering (Con)]

My Lords, I want to make a comment and ask a question of my noble friend. The comment—actually, I suppose it too is a question—is: is it not ironic that Britain never wished to join the single currency, yet we are probably the closest aligned to the Maastricht criteria that were set in 1992?

My question for my noble friend is as follows. The Government have been fined substantial sums of money over the years for late payments of the single farm payment and countryside stewardship schemes under the common agricultural policy. Only yesterday, the Rural Payments Agency announced that it is going to make bridging payments for the 2018 basic payment scheme claims and the countryside stewardship claims for 2018 advance payments. As we leave the EU and presumably will no longer face fines for late payments of farm support—in so far as they will continue to exist—what will the mechanism be, if Defra fails to ensure that the RPA makes the payments on time, to ensure that the payments are made in as timely a fashion as possible?

[Lord Lea of Crondall (Lab)]

My Lords, as we look forward, it is increasingly difficult to match our view of the future macro economy with the micro economy. I would like to relate this to freedom of movement. Either it is true that a lot of the economy of the south-east is heavily involved in freedom of movement in Europe or it is not. In so far as it is true, everyone is holding their breath at the moment.

I shall give three or four examples of what happens at the moment. A fitter from Barnsley can work freely in Antwerp. A doctor from Guildford is able to work in Paris, her medical qualifications being automatically recognised. Estonian software coders can work in London. Retired teachers from Bromsgrove are able to live in Brittany and receive a pension. An oil engineer from Bergen can establish a business in Aberdeen. Lorry drivers from Wigan can deliver goods across the continent without the need for international driving permits. Injured in Malta, a holidaymaker from Belfast will have their hospital treatment covered by the NHS. Lastly—a subject close to the heart of the noble Baroness, Lady Bull—a violinist from London or Leipzig can catch a plane at short notice and work in either the next day.

I find it very difficult to know about the next few months, as we postpone the final decision and think about how freedom-of-movement issues relate to the other agenda. This is a problem of uncertainty. I ask the Minister to flag up the fact that we really need to have a cockshy at some of the key questions that have yet to be decided under the heading of freedom of movement. We know something about the social chapter of the Maastricht treaty and workers’ rights. We even know something about the way in which we can redistribute the macro picture from London to Lancashire, as it were—where I come from originally—so that savings on the EU budget might be redistributed more towards the Midlands, the north of England and so on.

I find it important to get some micro, as well as macro, thinking into these sorts of exercises in the Treasury. Otherwise, we might find that people are working on divergent assumptions about how this freedom of movement thing will work out. I cannot believe what some people in my own party say. It is not the leader’s policy, but there are some people who think we can just wave a magic wand and all the examples I have given will disappear and there will be no problem. Surely that cannot be the case. I think every cup of coffee I drink in London is served by somebody from Estonia. All of this relates to the economy. Will the Minister flag up how we will deal with this, as well as looking at the customs union and so on? That is very important, but it is not the only card game in town.

Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019

Baroness McIntosh of Pickering Excerpts

Tuesday 5th March 2019 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate my noble friend on moving this statutory instrument, which I welcome. I have a few questions about it.

What has changed since this instrument was considered in the House of Commons is that the Government have published Implications for Business and Trade of a No Deal Exit on 29 March 2019. Paragraphs 41 and 42 flag up a particular case study and the implications for financial services. I shall not rehearse all the arguments, but it concludes that, in,

“the absence of action by EU authorities to mitigate risks in some areas of financial services, there could be some disruption in a no deal scenario”.

When this instrument was considered in Committee in the other place, a number of issues were raised, and I hope that more details may be put to the House this evening.

Page 21 of the impact assessment very helpfully sets out that the importance of the financial services sector to the UK is approximately £4.5 trillion, and it itemises various aspects of how that is broken down:

“Approximately £4.5tn … is currently invested in the UK’s capital markets (both primary and secondary) through pensions funds, insurance policies and individual private savings”.


That is a not inconsiderable sum; it brings many jobs, primarily to London, but also to other financial centres such as Leeds and Edinburgh.

A number of comments were made about the size of the statutory instrument considered in Grand Committee yesterday, where all the regulations were lumped together. The Government cannot win, because putting them all together leads to criticism. However, there has been justified criticism about this mix-and-match, rather piecemeal approach. My noble friend referred to a number of regulations that have already been considered and have a crossover effect on this statutory instrument and others that will follow. If it is confusing for your Lordships’ House, imagine how much more confusing it is for those who have to abide by this rather scatter-gun approach.

The specific questions I would like to put to my noble friend relate to costings. There is a rather interesting table—Table 3 in the impact assessment—which may be in language that I do not understand. It gives a “Summary of anticipated costs by SI” but it is blank; it just has crosses against it. I am not very good with figures, but “X” is not a figure. This was raised by my right honourable friend Nicky Morgan, who chairs the Treasury Select Committee which has spent an inordinate amount of time, quite rightly, scrutinising this in the other place. If your Lordships’ House does not have those figures, how on earth are firms operating in financial services expected to know?

I understand that a figure of £1,900 has been given as a costing for each firm, but I do not know whether that is purely for familiarisation or if it also goes to the cost of complying with the regulation for business. Should we simply multiply that figure by the number of companies operating in the sector? It would be very helpful to understand exactly what the costs will be.

My second question is on the SI’s regulatory reach, particularly the rather formidable array of regulatory authorities that companies will come under, quite rightly, for continuity purposes. That includes the Prudential Regulation Authority, the Financial Conduct Authority, the Bank of England, as my noble friend mentioned, and the Treasury. I have a concern about the duration of the powers. My noble friend very kindly explained that, in one scenario, it will be two years from exit day in the event of no deal. I hope that this statutory instrument and the others we will consider will not be needed, because I fervently hope that we will have a deal and an orderly exit. In other circumstances, the deadline is 12 months, and I am mindful of the fact that my noble friend referred to the loss of passporting rights. We cannot imagine what the cost of that loss will be until we have left the European Union; it took us years to establish passporting rights, and now we are giving them back. I understand that there is a temporary arrangement giving London-based clearing houses licences to carry on doing business with EU-based customers, but that is only valid for 12 months. Already we have identified two different dates with which all the firms operating in the City will have to comply.

My last question relates to the concern that has been expressed by the City of London about the ongoing lack of clarity, shall I say, regarding contract continuity, cross-border data references and uncleared derivatives. It may well be that my noble friend does not have the answer this evening—it may not form part of this statutory instrument covering all the regulations before us this evening in this one instrument—but it is causing concern in the City of London, and I would be very grateful if he could assuage those fears.

Trade Bill

Baroness McIntosh of Pickering Excerpts

Committee: 4th sitting (Hansard): House of Lords
Monday 4th February 2019 Lords Chamber

In my view, this is a very important aspect of Brexit that has been greatly neglected in the discussions. All the talk has been about the customs union, integrated supply chains and all the rest, which are of course all important, and on this side of the House we are very anxious to see a customs union. But a customs union is not by any means the only way of mitigating the damage of Brexit. For the services sector, some replication of free movement will be essential. What is the Government’s response to that?

[Baroness McIntosh of Pickering (Con)]

My Lords, I follow the noble Lord, Lord Liddle, in pursuing the aspect of services, and I have a specific question for my noble friend Lord Bates, who I think will be summing up. This debate is not dissimilar to the one that we had on the free movement of professions, and I am mindful of the fact that my noble friend Lady Fairhead has said on a number of occasions that the Bill before the Committee today is all about continuity. I also have regard to what my noble friend Lord Hamilton said—that there has been precious little reciprocity in terms of setting up and establishing services elsewhere in the European Union to date. So that does not fill me with confidence about what the legal position will be going forward.

There are some very helpful pages on the European Commission website about what the position will be as regards professions after 29 March and in the longer term, but there is precious little about establishing companies. This is becoming a matter of increasing urgency because we can see, in particular if we look at financial services, that the issue is not just free movement of people but free movement of services and capital. We have recently seen an increasing exodus of capital and people moving from the City of London to bases in Dublin, Frankfurt and Holland—and even Paris and Copenhagen are pressing for people to go and set up businesses there.

I would like to ask my noble friend the Minister how we are pursuing this on a reciprocal basis. We saw with professions, in the case of lawyers, that we have adopted the statutory instrument and the necessary regulation. What is the legal position of a UK company that wishes to establish itself and offer its services, first in the event of no deal after 29 March, secondly in the event of a deal during the transition phase, and thirdly at the conclusion of the transition period, whether it is as planned or extended? It strikes me that many of us are focusing on businesses already established in the UK and providing services. My concern is how much the ability of those looking to set up and establish themselves will depend on the right of residence, either now or at some future date in what will be a third country after 29 March.

[Lord Davies of Stamford (Lab)]

My Lords, I think that this is a very good amendment and I will come to the substance of it in a second. I just want to make two points by way of introduction. First, here we are at the beginning of February—a new week and a new month—and we are still in an absolutely ludicrous position, presenting an almost unbelievable picture to the world of a country with a Government doing their best to damage their own economy. Every day we have new evidence of this. Today we had the worrying story from Nissan. Many of us who have focused on the mess the Government are in could speak on the subject for hours.

There is another example from the last few days. We say that when we leave the European Union we want to sign trade agreements with those countries which currently have trade agreements with the EU. One of those countries is Japan. Japan has just signed a trade agreement with the EU. At the very best, I suppose, if the Japanese were to give us exactly the same terms—which is unlikely because our bargaining power vis-à-vis Japan is nothing like the power that the EU has—it would take a minimum of five years, and probably nearer 10, to conclude this deal. So the Government are saying that we are walking away from a trade agreement in order to spend a vast amount of time and money and suffer a lot of uncertainty before perhaps, in many years’ time, finally reaching another trade agreement that may not be as good as the one we now have. I put it to the Government: what kind of reason or logic is that? What a way to run a state. What a way to look after not only this generation but future generations of British people and make sure that they have a viable economy on which they can actually base a reasonable standard of living and a reasonable level of public services.

The Government are already under attack in this place, quite rightly, for their delivery of public services. We had a very interesting series of Questions earlier about the health service. The Government are undermining the future ability of the British economy to deliver the wealth we need to maintain our public services at acceptable international levels. This is quite apart from the impact of their policies on individual wealth and prospects for individuals who want to travel or study abroad or benefit from all the other freedoms we will be giving up. It is a very serious matter. The muddle the Government are in about the damage that is being done makes the whole picture even more disgraceful—that is the only word I can use.

I think my noble friend’s amendment is excellent. I agree with everything he said when he introduced it—and that noble Lords on both sides of the House said—about the importance of services. We all know that they are 80% of the British economy. But I have one question. Why has he not put goods in there as well? It seems to me that exactly the same principles apply to goods. I just looked at the amendment, and if you were to add the words “goods” wherever “services” are mentioned, you would not produce any particular anomalies or logical or linguistic problems. I do not know why goods have been left out of this particular picture. As I said, exactly the same principles apply. We want there to be no new barriers—that sums up everything. “Barriers” includes tariffs, quotas and non-tariff barriers, so the ground would be covered quite well by doing that.

My noble friend rather implied that he was putting forward this amendment in order to have a debate on an important subject—which is a very worthy thing to do in this place. Perhaps I have that wrong, but it sounded as though that was what he had in mind, and we are of course having that debate at the moment. However, it seems to me that it would be even better if we got this proposed new clause on to the statute book. We would be doing a very good day’s work for the country if we could manage to do that. Therefore, I ask my noble friend why he came to his decision. I am sure that there must be a very good reason, which perhaps I am being foolish in not anticipating, but I do not understand why we do not include goods.

These debates are becoming extremely unreal. One likes to think that one’s service in Parliament, whether in the Commons or in the Lords, is based on being clear in one’s mind and discussing and working out with colleagues what is the best policy for this country. But we have a Government who are not pursuing the objective of the best policy for this country. We have a Government who are destroying British industry and commerce where they can—so it is a very unreal situation. I do not know how much longer this country can go on in the hands of people who take that attitude when they have in their charge the very considerable, and in my view very important, responsibility of governing the United Kingdom to the benefit of our citizens both of today and of tomorrow.

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[Lord Bates]

I am very happy to give further detail on that in the general update between Committee and Report, but, as the noble Lord knows, the schedules were tabled in December followed by a 90-day consultation period. There can be a variety of perspectives on them before they are finally adopted. I will get an update as to where we are on that before Report.

[Baroness McIntosh of Pickering]

To clarify, my concern is about British companies establishing their services in what will be a third country, another EU country. I would be happy for my noble friend to write to me.

[Lord Bates]

I am grateful for that clarification. I shall make sure that that is what is addressed.

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Debate on whether Clause 9 should stand part of the Bill.

[Baroness McIntosh of Pickering]

My Lords, I am grateful for this opportunity to debate whether Clause 9 and Schedule 4 should stand part of the Bill. I just want to raise one or two points that, as my noble friend the Minister will recall, arose during our meeting way back in October or November, for which I was extremely grateful.

I tabled my opposition to the clause and schedule immediately after Second Reading because a number of issues relating to the role and powers of the Trade Remedies Authority arise from the increasing threat from the volume of imported products. I am particularly concerned about bricks, tiles and ceramics due to my interest in, for example, the York brick company, which I had the honour to work with as the local MP. These products emanate from potentially unsustainable sources, often from developing countries, and they are having a negative impact on our domestic production, as seen through the latest retaliatory tariffs from the US and, subsequently, China. I have some general and some specific comments that I wish my noble friend to respond to. I am particularly grateful to the Law Society of Scotland for raising these issues.

Paragraph 12 of the report of the Select Committee on the Constitution sets out the concern that there is a singular lack of detail on the functions and powers of the Trade Remedies Authority and that enormous discretion is given to the Secretary of State in relation to the constitution of this body, the appointment of its members and its operations. In particular, I draw my noble friend’s attention to the committee’s conclusion that,

“in constitutional terms, creating and empowering an important public body in such a manner is inappropriate”.

In connection with Clause 9 and Schedule 4, can my noble friend indicate the length of appointment for members of the Trade Remedies Authority, and do the Government envisage these appointments being renewable and for a similar length of term? If we are inviting people to serve on this body, it is important that they are at least given security of tenure. That goes to the heart of their independence and impartiality, and it would detract somewhat from the ministerial discretion that currently lies with the Secretary of State. Under what conditions would the Government envisage the office of an official serving under the Trade Remedies Authority becoming inappropriate and how could it be removed? It would help the Committee to know that.

In addition, perhaps I may confirm with my noble friend that, in connection with the injury calculation which is the outcome of the Trade Remedies Authority’s conclusions, the regulation will be laid before the House by the affirmative rather than negative procedure.

I am sure that my noble friend does not need me to rehearse the importance of the bricks, tiles and ceramics industry. A total of 2.5 million people overall are employed in the UK manufacturing sector, and this is a very strong part of that industry. As regards ceramics covering tableware and tiles in particular, these have already been affected—or one could say protected—by the two EU trade remedies in place for ceramics. It is important to give a message to the industry this evening that we will create in the Bill similar provisions to those that exist in the European Union at present.

Can my noble friend the Minister confirm that the injury calculation will be by affirmative procedure and—as some of the Commons amendments did not cover this point on the economic interest and public interest tests—that the Government will put on record how these tests will be interpreted in court and by the authority going forward? This is purely intended as probing. I obviously wish Clause 9 and Schedule 4 to remain part of the Bill, but I wanted to make some of these general points before we go on to discuss the amendments in the next grouping.

[Baroness Neville-Rolfe]

My Lords, I have some sympathy with my noble friend Lady McIntosh of Pickering but for a quite different reason. As I said all those months ago at Second Reading, we need a highly professional team to look after the UK’s trade interests, but I am not convinced that we need a new authority separate from the trade department. I may be out of date, but my recollection is that the work in Brussels is done by the Directorate-General for Trade, not by a special agency—and it seems to get along very well, as we keep hearing.

I might not be able to convince my noble friend the Minister, but I emphasise that the proposed body must be of a very special type. The agency, if we must have it, should be run by people who are independent-minded with Civil Service values, not representatives of any particular stakeholder sector. Such people must be able to stand up to the vested interests who will approach them in the way that they approach Brussels under the current arrangements. I remember lobbying DG Trade on bra quotas in Brussels. I have to say that I was one of many very fluent stakeholders interested in the cargos that were sitting on the sea and not arriving in the shops in Britain.

[Lord Stevenson of Balmacara]

My Lords, we are dealing with a clause stand part amendment in the name of the noble Baroness, Lady McIntosh. But she and the noble Baroness, Lady Neville-Rolfe, have raised a number of points that actually come in the next group. I wonder if for the convenience of the House we should merge these groups and hear now the speech by my noble friend Lord McNicol, which I have had the privilege of seeing. It covers much the same ground as that covered by the noble Baroness, Lady McIntosh, and the noble Baroness, Lady Brown, will probably come in on the ceramics aspects. It might be easier to finish this group together, so I suggest that my noble friend Lord McNicol speaks next.

[Baroness McIntosh of Pickering]

I am grateful to the noble Lord and will be content as long as my noble friend the Minister can answer my specific questions. My only concern is that they do not get lost in the general wash of the next grouping, as they are very specific.

[Lord McNicol of West Kilbride (Lab)]

My Lords, my noble friend Lord Stevenson talked about a speech, but I think he might have overemphasised what we are going to go through. I have pulled together a few comments and was looking to move Amendment 83, but many of the issues overlap with the last two speeches so I will weave in some of the themes.

The group beginning with Amendment 83 deals largely with the setting up and running, as has been touched on, of the Trade Remedies Authority. I will deal with some of the specific amendments and work through them quite quickly because we have another two groups to work through this evening. Many of them are probing amendments to solicit further clarity and details from the Minister on the running and formation of the TRA.

Amendment 83 itself touches on consumers and would add a third subsection to Clause 10(2) not just looking at countries, exporters or producers but adding a further consideration—the consumer. That is a sensible consideration that the TRA should be asked to look at when making any decisions.

Amendment 84 touches on the annual reports that the TRA needs to prepare and sets out a bit more detail about those, looking at any of the guidance, advice or assistance that is given to the Secretary of State. Probably most important is the final part of it regarding the laying of the report in front of Parliament. That is not touched on in detail in the Bill just now, and this adds in that little bit extra.

The noble Baroness, Lady Brown, and others will touch on Amendment 101A, but suffice to say that including and involving UK producers and trade unions is obviously a sensible way forward. It would not tie the hands of the Minister, the chair or the chief executive, but would bring in organisations and individuals who could bring wide and independent knowledge to the formation of the TRA.

Amendment 102 seeks that the chair be vetted by the International Trade Committee of the other place, which is just sensible good practice and happens already with many other bodies of similar stature to the TRA.

Amendment 104 touches on non-renewable terms. The reason for tabling it is that, all too often, individuals who have been appointed to boards have an eye on the reappointment that is coming at the end of their time. Single-term appointments are becoming more common on boards, which means that those individuals can be far sharper and clearer, not tied up in any considerations about the next set of appointments.

Amendment 105 and 106 tie together quite neatly and delve a little more into the detailed knowledge and expertise that we would expect members of the TRA to have. The Bill itself does not go into any specific detail on this so the amendments would put in a little more detail about the individuals and their having knowledge and expertise. God forbid that someone would be appointed to a board for a political reason by the Secretary of State. The amendment would just add a little more depth and weight to those individuals.

Amendment 106 again touches on the criteria, looking at consumers, producers, trade unions and workers being involved with that.

Amendment 107 brings more detail in the clause regarding individuals, going back to the earlier question about how you set what “unfit” is. The Bill itself is quite bland on this; this amendment just brings a little bit more clarity and detail to it. Sub-paragraphs (a), (b) and (c) have been used by many other boards for the ability to exclude individual members if they fall below the expected standard.

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[The Earl of Kinnoull (CB)]

My Lords, I rise briefly in support of the noble Baroness, Lady Brown, and associate myself with all her remarks. I also associate myself with the noble Baroness, Lady McIntosh—I agreed very much with what she had to say.

Amendments 101A and 103B are probing in nature, and I will address a few thoughts to this TRA membership question. In Schedule 4, the TRA is proudly declared to be independent. That is important in trade, because, as one goes through Article 6 of GATT, and the 1994 associated agreement on that article, one sees that the whole idea behind trade remedy processes is that they are fair and are not being used as political weapons by the countries wielding them. That independence is therefore philosophically important to preserve. And yet, in Schedule 4 we find that the Secretary of State will appoint all the non-executives. In addition, the non-executives will always be in the majority, and the Secretary of State can fire all of them. To add icing to the cake, the Secretary of State has the power to issue guidance, and the TRA must “have regard” to it. That does not look to me like a recipe for independence. It would mean that the TRA would begin life with a bad image, and it would be difficult for it to appear a useful, independent tool internationally.

I worry that, if another body had a similar structure which might have political interference—although I do not think we would actually operate it badly—we could be on the wrong end of something. We would not be able to criticise, because it would have the same structure. I join other noble Lords in very much looking forward to what the Minister has to say about the independence of the TRA, and about the points that I and others have made.

[Baroness McIntosh of Pickering]

My Lords, I shall speak to Amendment 101A and, without rehearsing the points, I entirely endorse what the noble Baroness, Lady Brown, and the noble Earl, Lord Kinnoull, said in speaking to the amendment. The Minister was kind enough to have a meeting with the team and myself, but I have this awful feeling that she will not support this amendment. I would like to give her a bit of bottle this evening and say why she must adopt the amendments, particularly Amendment 101A. A similar amendment was not carried in the House of Commons but by a very narrow margin and it goes to this point that a number of noble Lords have said this evening—the process must be, and be seen to be, fair in appointing and sustaining members of the TRA, and they must operate independently and impartially. I make this plea to the Minister: the Government must be seen to rein in some of the powers of the Secretary of State, which will be pretty broad if we let the Bill go to its final stages without making these points.

I entirely support what my noble friend Lord Lansley said about why an independent Trade Remedies Authority is required, and I should have declared an interest: I spent a very enjoyable six months in 1978 when I was very young, very keen, and very green, with the EU Commission—DG IV, now known as DG Comp. We did important things, such as read the Financial Times, which was amazing because a number of companies were announcing they were merging without having told the European Commission or the UK home authority, so it is absolutely vital that we have an independent authority such as the Trade Remedies Authority.

To respond to the point made by the noble Lord, Lord Fox, we need to give the businesses in this country the knowledge that there will be a remedy which replicates the remedies that are currently available. I entirely support his point that it will not be EU-wide, but we do need some anti-dumping and retaliatory measures at our disposal in this country.

[Lord Fox]

It will be very hard to do that—I was not suggesting that they should not have that support.

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[Baroness McIntosh of Pickering]

It will be hard, but I do not think we can let the matter go. That is why Amendment 101A should be on the Marshalled List and not consigned to room 101.

[Lord Purvis of Tweed]

My Lords, I wish to make two brief points in this large but important grouping. The first is in response to the point made by the noble Baroness and my noble friend Lord Fox. When the Secretary of State spoke at Second Reading of this Bill in the other place, he indicated that the Government’s position on the anti-dumping remedies regime would be public long before we considered this Bill. We are, to some extent, debating blind in not knowing what the Government’s proposals are. That is regrettable, so if the Minister can give some clarification, that would be very helpful.

The second point is really stimulated by the noble Earl, Lord Kinnoull, and the noble Lord, Lord Lansley: why are the Government continuing with Schedule 4 as it is currently drafted? As the noble Lord, Lord Lansley, said, the proposal would have been that the Secretary of State would appoint the chair of the TRA and then the chair would appoint the chief executive —that is in Schedule 4(2)(1)(a) and Schedule 4(2)(1)(c). If no chair had been appointed, the Secretary of State would appoint. In the Government’s Statement on 26 October, they announced the appointment of both the chair designate and the chief executive designate at the same time. I do not know how that interacts with this legislation, and on what basis the chief executive designate was appointed. I am not questioning those two individuals. If the intention was to have a truly independent body, the fact that the first chair had been the UK Trade & Investment representative raises some questions. I am not questioning the quality of the appointments. However, I am not sure how the fact that the announcement of both appointments was made on the same day interacts with the Bill, and on what basis both the chair and the chief executive were appointed as designate at the same time. As the noble Lord, Lord Lansley, said, either that is not consistent with the Bill, so the Government acted beyond how they said they would act, or perhaps we should just delete this aspect in its entirety for the sake of neatness.

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[Baroness McIntosh of Pickering]

This is a new procedure, but presumably it is open to an individual Member of your Lordships’ House to intervene to say that they do not agree with the negative procedure and switch it to the affirmative if they made the right case to do so.

[Baroness Fairhead]

I confess that I am unaware of the protocol in this regard. It is a ways and supplies Act and was deemed by the Speaker to be such, but I will leave that point to those who are more au fait with protocol.

--- Later in debate ---

[Baroness Fairhead]

I am grateful for that clarification, but that is one example that was just plucked out and it has a clear statutory requirement.

On the basis of the information I have given and my commitment to take some of these points back for reflection, I ask noble Lords not to press their amendments.

[Baroness McIntosh of Pickering]

I am most grateful to the Minister for her full response. Picking up the mood of the Committee, I think there are a number of issues here on all sides that were reflected in the other place. We do not wish to delay the debate this evening, but we will return to this issue on Report. That is no reflection on my noble friend’s views, but perhaps on the intransigence of her department.

Clause 9 agreed.

Trade Bill

Baroness McIntosh of Pickering Excerpts

Committee: 3rd sitting (Hansard - continued): House of Lords
Wednesday 30th January 2019 Lords Chamber

How will that be achieved?

[Baroness McIntosh of Pickering (Con)]

My Lords, I shall speak to Amendment 63 in my name and those of the noble Lords, Lord Dykes and Lord Browne of Ladyton. I thank them for lending their support to the amendment, which relates not just to Amendment 39 but also, I would argue, Amendment 45—it is bizarre that they are not in the same group.

The amendment relates to lawyers in particular and the right to provide services, establish yourself in the legal profession and practise. I am a currently non-practising Scottish advocate but, as a young, recently qualified advocate, I went to Brussels to practise European law without having to take a separate qualification. I am greatly indebted, as I think are your Lordships, to the noble and learned Lord, Lord Keen of Elie, for moving the relevant statutory instrument, the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019, which the House adopted. I shall quote him because I cannot put it better than him. He said:

“In the event of us exiting without any deal, there will be no reciprocal rights—which was one reason why, as I indicated, these regulations are required. They are necessary in order that we can establish a position in which all third-party country lawyers will be on the same standing in the absence of a free trade agreement or other agreement with a third-party country. There will be no reciprocity—that will be a matter for the relevant EU country to consider—but clearly it is a matter that we would wish to address in future negotiations consequent on our exit from the European Union. This is dealing with the position in the United Kingdom in light of the existing regulatory regime under EU law. Clearly, and quite patently, you could not address the question of how the EU 27 are going to treat our lawyers going forward”.—[Official Report, 15/1/19; col 177.]


What concerns me greatly is that the next generation of young, budding advocates will qualify on 30 March or 30 April and will be unable immediately to ply their trade, or to continue to ply their trade after 29 March, if we crash out of the European Union without a deal. I could not find it in Hansard, but I took a note of what your Lordships said. I would not like to attribute it to my noble and learned friend Lord Keen, but we learned when the regulations were passed that Ireland’s professional body has taken the opportunity to increase the cost of qualifying as an Irish lawyer to practise there from £300 to £3,000. That is quite an increase. I think we learned from the Liberal Democrat Benches that, in another EU member state, a rule was passed to prevent the sharing of an office or creating a partnership with a British or other third-country lawyer wishing to practise in that country.

We will have a two-tier system. Having passed the regulations, we have, quite rightly, granted those EU lawyers who currently practise here or are qualified and wish to continue to practise here rights to continue or enable them to do so. How can that possibly be? I ask that the Minister use her good offices to ensure that that position is not sustained beyond 29 March.

I entirely endorse what the noble Lord, Lord McNicol, from the Labour Benches said in moving Amendment 38, and I look forward to Amendment 45 on much the same lines. I hosted a meeting here of all the professions that are deeply concerned: architects, dentists, lawyers, nurses and so on. I remind your Lordships that the mutual recognition directive took 21 years to agree in the case of architects. That is not a position to which we would wish to return.

I had a meeting with the Irish Commissioner, Phil Hogan, who was kind enough to receive a group of us from the House of Commons when I was on the Select Committee there. I am currently a member of the all-party parliamentary racing group, and in that capacity and others I attend race meetings. I also had the privilege to represent Thirsk Racecourse, and trainers throughout Thirsk and Malton and the Vale of York, during that period. I am grateful that Amendment 48 is being discussed this evening. If the tripartite agreement existed in its own right before it became part of the arrangements of the European Union, would it not make sense if it reverted immediately to that—a backstop, if you like? Is that the Government’s intention? I see no benefit in taking the tripartite agreement forward as part as existing arrangements. It will get lost in the wash, as it has done this evening in this group of amendments—I have not counted how many of them there are. That would be a very neat way forward. I am sure it would get the agreement of the French and the Irish, and it would be very much in the interests of the business. I remember, when Ireland reduced the rate of VAT, the number of trainers and owners that left this country. Personally, it has been to my advantage because the cottage I live in when I am in North Yorkshire was vacated by a trainer, Sue Bramall, who I understand has had great success training in Ireland, but obviously it is to the UK’s detriment. I would hate to see that happen again here.

I was aghast when I heard the Minister say earlier that the Government sought to revisit Clause 6 on the European Medicines Agency. One of my outside appointments is to work with the Dispensing Doctors’ Association, whose headquarters is based in Kirkbymoorside in North Yorkshire. We are in this curious position where we are going to follow the falsified medicines directive unless we crash out with no deal. That is the only benefit I can see of crashing out with no deal. The GPs in Ireland have been deemed to be self-employed, so they are going to be exempt from the provisions of the falsified medicines directive. Why is there this dichotomy—that we do not wish to be part of the European Medicines Agency, but we do wish to be part of the falsified medicines directive? I would like a route to understanding. I would be very happy to accept a letter on why that should be.

I am not going to rehearse and itemise all the agencies in Amendment 70, but I would make a particular plea for the EASA, the European Food Standards Agency and European Environment Agency. As I have mentioned previously—I have not yet had satisfaction on this point—we should commit to remaining part of the European rapid alert system, on incidents of food hygiene and food poisoning. The need for this was never more apparent than during the 2010 Horsegate scenario. We were lucky that that was a case of food fraud, where horsemeat was passed off as beef. Whatever happens to Clause 6, I hope that the Minister will confirm this evening that we will remain part of the European rapid alert system for such incidents.

Shop Workers: Protection

Baroness McIntosh of Pickering Excerpts

Wednesday 23rd January 2019 Lords Chamber

[Baroness Williams of Trafford]

I agree with the noble Earl that putting young people in custody is not the answer every time. Obviously, magistrates have a range of sentencing powers open to them but I believe that our current work on prevention and early intervention—all the things the noble Earl talks about—is the most effective way to tackle this problem.

[Baroness McIntosh of Pickering (Con)]

My Lords, my noble friend will be aware that under the Licensing Act, the Home Office is consulting on a call for evidence to stop abuse against coffee shop workers and those working in other outlets at airports. Can she give a date on which the Licensing Act will apply in order to stop such abuse and disruptive passengers boarding planes, sometimes causing huge economic expense through diversions? This is a very serious matter, and we want that law to come into force before the summer season.

[Baroness Williams of Trafford]

As my noble friend said, the call for evidence is open; therefore, we must go through that process. I do not disagree with her about the behaviour that goes on in airports when people are intoxicated. I look forward to the results of the call for evidence.

Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2018

Baroness McIntosh of Pickering Excerpts

Tuesday 22nd January 2019 Lords Chamber

[Lord Pannick (CB)]

My Lords, does the Minister agree that it is highly desirable that impact assessments are published prior to instruments of this nature being put before the House? Will he give an undertaking that in relation to further statutory instruments that process will be followed?

[Baroness McIntosh of Pickering (Con)]

My Lords, I should like to make one point before my noble friend replies. I had great difficulty in attending the debate on these statutory instruments last week. For two weeks running, through an unfortunate circumstance of timetabling, these statutory instruments were discussed when an EU item was being debated on the Floor of this House, and I hope that that can be avoided as far as possible. I support the point that has just been made. It is placing us in a very difficult position to take these statutory instruments on trust when we could wait to discuss and pass them once we have the impact assessment before us.

[Lord Bates]

I hear what the noble Lords and my noble friend have said. The Government will of course use their best endeavours to ensure that the impact assessments are always in place. We are not entirely in control of the process—there are other relevant bodies—but we will always try to make sure that all the information is there for the relevant committees, which do outstanding work in processing these SIs. I certainly undertake to take back noble Lords’ comments.