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.

Capital Requirements (Amendment) (EU Exit) Regulations 2018

Baroness McIntosh of Pickering Excerpts

Wednesday 19th December 2018 Lords Chamber

[Lord Bates]

I would be very happy to commend it.

[Baroness McIntosh of Pickering (Con)]

My Lords, there is a statutory instrument available in the Printed Paper Office this week entitled the Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations. Has this already been considered? If not, what is the proposed timetable for considering this instrument?

[Lord Bates]

There is an agreed procedure in Section 8(8) of the EU withdrawal Act, which sets out exactly what can be done. We are following exactly that course of action, with proper scrutiny and a huge amount of work being done by your Lordships’ House and our terrific civil servants in preparing for this eventuality, and doing so professionally, openly and transparently. That is why we commend the regulations to the House.

Brexit: Arrangements for EU Citizens

Baroness McIntosh of Pickering Excerpts

Monday 5th November 2018 Lords Chamber

[Baroness Williams of Trafford]

She has not contradicted the Prime Minister, as far as I am aware. Employers will carry out those right-to-work checks, as they have to date. The beta testing scheme over the past couple of months has already started the ball rolling for citizens regularising their status to be able to stay in this country. That will be rolled out more fully in the new year.

[Baroness McIntosh of Pickering (Con)]

My Lords, I understood from the Minister in the other place that the Government are minded to bring forward an immigration Bill shortly that will set out the criteria for skilled workers post Brexit. Will my noble friend give the House an assurance that those currently filling positions in care places and hospitals who are not deemed to be skilled workers will still be admitted after Brexit to continue to fill those roles if they are not filled otherwise?

[Baroness Williams of Trafford]

My noble friend is absolutely right that an immigration Bill will be arriving in the Commons shortly. If those people currently filling places are EU citizens—I am guessing she was referring to EU citizens—have been here for five years, they can automatically get their settled status. If they have not been here for five years, they can get temporary status, which will become full status when they have been here for five years.

[Baroness McIntosh of Pickering]

My Lords—

[Lord Harris of Haringey (Lab)]

My Lords, can the Minister confirm reports that victims of modern slavery and women who have been trafficked who are EU citizens will be required to pay a fee to the Home Office before they are allowed to stay? Can she explain the reasons behind that, given how difficult it can be to enable victims of modern slavery to come forward to be rescued?

EU Settlement Scheme

Baroness McIntosh of Pickering Excerpts

Thursday 21st June 2018 Lords Chamber

[Baroness Williams of Trafford]

I hope that the noble Lord will be more satisfied with this response. It will be established in law. I cannot say what those future laws will look like under perhaps another Government because laws change, but it will be established in law.

[Baroness McIntosh of Pickering (Con)]

My Lords, my noble friend referred firmly to the fact that we are still in the European Union. Can she explain whether Britain will be represented at the meeting dealing with migration that is due to take place on Sunday? In particular, will Britain be arguing the case for a possible third country taking migrants before they are settled in the EU, which seems a very interesting idea? Does she have any idea which these third countries might be?

[Baroness Williams of Trafford]

My Lords, we will be a third country, as my noble friend will appreciate. On the meeting on migration to be held on Sunday, I will have to write to her because I really do not know and there is no point in pretending that I do.

NHS: Overseas Doctors

Baroness McIntosh of Pickering Excerpts

Tuesday 8th May 2018 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

Will my noble friend give the House an assurance that all overseas doctors will be submitted to the same checks on their medical qualifications and knowledge of language as all EEA doctors are obliged to submit to before they are allowed to practise in this country?

[Baroness Williams of Trafford]

All overseas doctors—I think my noble friend was talking about non-EEA doctors—should obviously have the requisite qualifications to practise. At the danger of repeating myself, if those doctors are on the shortage occupation list, there should be no bar to obtaining a visa.

Gender Equality: Pay

Baroness McIntosh of Pickering Excerpts

Wednesday 21st March 2018 Lords Chamber

[Baroness Williams of Trafford]

The noble Baroness asks an interesting question about what comes next. What will come next is that this will shine a light on which companies take their gender pay obligations seriously and which simply do not. If I were a graduate going to a company with a huge gender pay gap, I would start to think about what that company would mean for me as a woman. I think it will draw into sharp focus those companies that take their obligations seriously and shame those companies and public sector organisations that do not.

[Baroness McIntosh of Pickering (Con)]

Will my noble friend undertake to look into the position at the BBC, where sick pay and maternity leave are being eradicated by the move to freelance contracts? Is that right? Surely employers should not be able to sidestep their employer obligations in such a radical fashion.

[Baroness Williams of Trafford]

I think what my noble friend refers to with sick pay—I am going slightly beyond my brief here—is the practice whereby people are not employees but freelance, more often than not, for companies. Given the press reporting that there has been on this, I am sure that this issue will be drawn into sharp focus.

Women: Political and Public Office

Baroness McIntosh of Pickering Excerpts

Tuesday 16th January 2018 Lords Chamber

[Baroness Williams of Trafford]

I wholeheartedly agree with the noble Baroness that Parliament should look like the people it represents and is legislating for, and as she says, a 50:50 Parliament is long overdue. That is why we will be consulting parties and producing evidence on a range of approaches that can help us to increase the number of women who stand as candidates. Initiatives such as #AskHerToStand and Vote 100 are ongoing to improve representation.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate my noble friend on the work that the Government are doing. Will she ensure that the spirit of the suffragettes lives on by ensuring that the names of Emmeline Pankhurst and Emily Wilding Davison, who spent a night in the cupboard to ensure that she would appear on the census, will be remembered forcefully this year?

[Baroness Williams of Trafford]

My noble friend has asked a pertinent question because certainly in my home city of Manchester there will be a statue of Emmeline Pankhurst, and here in Parliament a statue to celebrate Millicent Fawcett. In addition there are all sorts of initiatives and projects going on.

Disaster and Emergencies Preparedness Programme

Baroness McIntosh of Pickering Excerpts

Monday 18th December 2017 Lords Chamber

[Lord Bates]

On the last point about the Harvard review, yes, we have it on DevTracker, which is a website for all contracts: all the reports are listed there. On the 45 NGOs that play an important part in delivery, DfID chairs that committee, so they were informed at the meeting in October or November. We underscored our commitment to this area and the significant amount of money we are putting in to humanitarian response, but also underlined to them our concern about some of the overhead costs that might be attributed to the complexity of the scheme as it currently stands.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend take back to his department and the whole DfID team that the loss of Rebecca Dykes in these circumstances is felt very deeply? Can we pay tribute to the work that she and all the DfID team do, often in very dangerous circumstances, particularly at this time of year, for humanitarian purposes?

[Lord Bates]

We can certainly do that. It is obviously a very distressing time for Becky’s family but also for the people who worked with her. It reminds us of the sacrifice made by over 1,200 DfID personnel who work around the world, often in the most difficult and dangerous environments. The family have asked that we respect their privacy at this time and allow the facts to be established. We will of course recognise that wish.