(3 years, 8 months ago)
Lords ChamberI am delighted to follow my noble friend and I hope he is completely injury-free and that his chariot will be repaired at the earliest opportunity so that he maintains his mobility. I am full of awe and praise for the noble Lord, Lord Alton. I watched him with great admiration in the other place and I think that, if anything, he has come into his own in this place, so I pay huge tribute to him and those who have supported him in this. I also pay tribute to the Minister. I know there will be some disappointment on a particular aspect, but the Bill will definitely leave this place better than it was before.
I have a specific question about the sequencing of the reports that we are now going to have as trade agreements are being negotiated. We know that the Secretary of State is going to do a report, taking into account the report from the Trade and Agriculture Commission, which I am delighted now has a statutory basis and is on a more permanent footing. That report will come and the Government will presumably find time for it to be debated. I would like to understand better the sequencing of that report with the report that we have agreed today will also come forward if the responsible committee in the House of Commons publishes a draft report and is not satisfied with the Secretary of State’s response. Will the sequencing permit both reports to have been prepared and debated in Parliament before, as my noble friend Lord Lansley said, the free trade agreement is signed by the Government and ratified by Parliament?
The noble Lord, Lord Balfe, has withdrawn, so I call the noble Lord, Lord Polak.
(3 years, 9 months ago)
Lords ChamberI am advised that the noble Baroness, Lady Manzoor, was unable to get online so I call the next speaker, the noble Baroness, Lady McIntosh of Pickering.
My Lords, I am delighted to follow the noble Baroness, Lady Greengross. I pay heartfelt and fulsome tribute to her for all her tireless work for older people. There is much to commend in Amendments 149 and 157 in this group, but I will direct my remarks to Amendment 149; I pay particular tribute to the noble Baroness, Lady Lister, and her co-signers for introducing it.
The mental anguish and emotional strain of this form of abuse, continuing post separation, is worthy of our attention this evening. I thank the charities such as Refuge, Surviving Economic Abuse—known as SEA—and others that have brought this issue to our attention in the context of this Bill. The figures brought forward in research undertaken by Refuge suggest that 53% of survivors of economic abuse said that it stopped after they had separated from their partner.
However, the controlling and coercive behaviour offence does not cover abuse that occurs when couples are no longer in a relationship or living together, so there are strong arguments for bringing in the type of behaviour so eloquently outlined by the noble Baroness, Lady Lister, in moving this amendment. In paying tribute to the work of these charities and the many who have suffered abuse, we should look at the inconsistencies and at closing the loophole in the present laws. My starting point is that, now that economic abuse is being recognised in the context of the Domestic Abuse Bill, it makes sense to bring this type of coercive behaviour within the remit of the Bill.
In responding to the powerful arguments put forward in this debate, if my noble friend the Minister cannot adopt the amendments before the House, I hope that she will look kindly on bringing forward amendments from the department and in her own words to ensure that the inconsistencies identified in this amendment are brought to an end and that this type of abuse, the forms taken and its pervasiveness—this abuse can continue long after separation—are brought to a timely end. I pay tribute to the noble Baroness, Lady Lister, for moving this amendment. I believe that it is worthy of the attention of the House, and that this type of behaviour is unacceptable and should be brought within the remit of this Bill. If that does not happen this evening, I hope that my noble friend will look favourably on bringing forward on Report a form of words that we can all unite around.
(3 years, 11 months ago)
Lords ChamberMy Lords, I am grateful to all who have spoken in this debate and in particular to the Minister for his response to the concerns that have been raised. His conclusion backs ours; nearly everybody who has spoken has spoken in favour of the permanency, beyond an initial three or six years, of the TAC. He himself just accepted that in his last few words.
To come back to the basic points: we all agree it is excellent that the government amendments put the TAC on a statutory footing. In the words of my noble friend Lady Jones of Moulsecoomb, that goes a little way but not far enough towards independence.
I am not sure I got an answer on which resources will be allocated. I realise it is not our place, in this House, to say that, but we did not get an answer on it. On the question of permanence, I will revert to that.
The noble Baroness, Lady Henig, identified a gap in all the amendments—government amendments and Amendments 7 and 44—in a lack of understanding about what government strategy for trade will be. I agree with her on that. Why would we want to tie ourselves to all these commitments, which, inevitably, a CPTPP free trade agreement would involve, when we are tying ourselves up in knots regarding those with the EU? It also begs the question of why we have committed ourselves to a strict regime on state aid with the Japan free trade agreement, which goes further than what we are currently willing to agree to in a future trade agreement with the EU.
The noble Lord, Lord Grantchester, put his finger on the point in his last question, but also on the fact that the matter of standards is unfinished business, which we have carried over from the Agriculture Act. I join other noble Lords in paying tribute to all the farm organisations—the NFU, the TFA, the CLA and all the green organisations, which have been united with the public. The noble Baroness, Lady Boycott, mentioned the 1 million signatures we had that gave rise to amendments in this group, which were previously tabled during the passage of the Agriculture Bill.
My noble friend Lord Caithness was right to stop at one and a half cheers. Both he and the noble Lord, Lord Curry of Kirkharle, have identified the need to know more about what the membership of the Trade and Agriculture Commission will be going forward Although my noble friend the Minister has put a little more meat on the bones, it is still vague.
I did not understand entirely whether the relevant committee, especially in the Commons, will be entitled to do a public appointment hearing regarding the future chair, or the reappointment of the current chair, of the TAC. My noble friend may have misunderstood the role of human rights issues and employment law in this regard. These are now standard in agreements before the World Trade Organization and international agreements, so I am slightly surprised that he thought I was seeking to undermine the Equality and Human Rights Commission in this country, which of course was not my intention.
On independence, I am not sure that we are 100% where we should be, certainly on resources. It would have been helpful to have further clarification. I have made my point about how appointments should be scrutinised by the relevant committee and I stand by that. I am sorry if I did not hear my noble friend confirm that. Also, when my noble friend says that reports on agreements will be “laid before Parliament”, I presume he means that they will be debated and voted on in the usual way.
It would be more helpful than anything else if my noble friend would withdraw government Amendment 36 at this stage. I do not think that it has been drafted clearly and it does not sum up the debate that we have heard on this group. What compounds this is that, on a closer reading of government Amendment 34 on which my noble friend has relied in summing up his arguments, the review to which he has referred, in subsection (4) of government Amendment 34, allows that, in subsection (6B) of proposed new Section 42 of the Agriculture Act:
“The Secretary of State may by regulations repeal subsections (4A), (4B) and (6A), and amend subsection (5) to remove reference to advice requested in accordance with subsection (4A)”
That of course is the very advice that is the subject of this group of amendments: requesting advice from the Trade and Agriculture Commission on the matters referred to in subsection (2) of the new clause
“except insofar as they relate to human life or health.”
I also did not quite understand what the Minister said in summing up how the Government will report. He said that the TAC will report on so much as regards advice, but not on public health. He did not outline how or when that duty will be exercised in terms of future trade agreements, which body would be doing those, and to whom that advice would be tendered if it is not going to be tendered by the Trade and Agriculture Commission.
I think that the will of the House has been expressed strongly this evening that public health and food security should continue to be included. I do not know whether I have an opportunity to revert to my noble friend to answer those two points before I decide whether to withdraw my Amendment 7.
Is the noble Baroness withdrawing her amendment? I cannot hear a response.
I am so sorry. I am seeking clarification as to whether it is the Government’s intention to withdraw Amendment 36 this evening.
(4 years, 1 month ago)
Lords ChamberMy Lords, I thank my noble friend for bringing these regulations forward today and, in particular, for his admission that it would help to publish such regulations before they are laid. That would be very welcome. They should also be brought to Parliament before they are implemented in future. Those two developments would help the industry and both Houses to scrutinise them.
My noble friend is under no illusion about how great the impact of Covid has been on the hospitality sector, which reopened late in the day, only in July. I find the application of these regulations particularly helpful, as they appear to help hospitality facilities, which are their target, to remain open. The announcement over lunchtime today that Greene King may close a number of establishments, some permanently, with a mass loss of jobs, is deeply worrying and possibly the tip of an iceberg.
I will ask one question and make one comment and proposal. Could my noble friend clarify the level of fine for a first offence? It seems reasonable for £500 to be the top level for a first offence, because there could be a difficulty in understanding and adhering to the rules. An increased fine for a second or third offence would seem reasonable. However, one part of the regulations before us today says that £500 will be the first fine; in another place, I see £1,000. I make a plea for £500, which seems more reasonable.
It is not the work of his department, but my noble friend is aware of this and I have raised it in connection with other regulations. Since Covid-19 became so extensive, water companies have been regularly testing wastewater at both household and community levels. It is then sent off for analysis by the Environment Agency. The thrust of debate on these regulations, the previous Urgent Question and all comments generally is that we need lockdowns that are as localised and short as possible. The benefit of testing wastewater is that, while it cannot be limited to individual households, it can be limited to a narrow community. Could my noble friend see whether his department can liaise with the Environment Agency and Defra to see whether the information gathered could be used to target more specific, community-based, smaller lockdowns, which would last for shorter periods? That would help both the local community and the hospitality industry, which has taken the brunt of the regulations, such as those before us today.
We ran into some technical problems earlier, so I propose to try again to hear the last two questions of the noble Lord, Lord Naseby.
(4 years, 2 months ago)
Lords ChamberI should like to speak to Amendment 109 in this group and I congratulate the noble Baroness, Lady Ritchie of Downpatrick, on bringing this point to the attention of the House. This part of the Bill, which concerns the devolved nations, is a particularly grey area as regards how it is to be administered. The noble Baroness and the authors of other amendments in this group have done the House a service by throwing light on these issues. I had hoped to put my name to Amendment 109, but I was not surprised to see how much support the noble Baroness, Lady Ritchie, has had.
I want to pay tribute to the noble Baroness’s work in this regard. She is a former Member of and was a Minister in the Northern Ireland Assembly and she was a great support to me in the Select Committee on Environment, Food and Rural Affairs in the other place. Rather unnervingly, she was always in her seat before I took my place, which is a little disconcerting when you are chairing a committee. I am sure that she will play a prominent and active role in the new Select Committee on Common Frameworks Scrutiny, to which she has just been appointed, and I congratulate her on that.
I hope that my noble friend the Minister will have regard to the concerns that have been raised in this group of amendments. He and I have had conversations before on the common frameworks and what progress has been made on them, so I will pay close attention to his response. Once again, I thank the noble Baroness, Lady Ritchie, for bringing forward her amendment in this group.
My Lords, I am delighted to support the noble Baroness, Lady Ritchie of Downpatrick, along with other noble Lords, in Amendment 109. As usual, she has set out the arguments clearly and in substantial detail, and I do not intend to rehearse what she has already said. However, on 23 July, I made a number of points when we were discussing a similar approach to these things in Committee. I want to repeat some of those and add to them because the situation has changed and developed in a very unhelpful way.
(4 years, 4 months ago)
Lords ChamberMy Lords, I put my name to Amendment 289, tabled by the noble Baroness, Lady Ritchie of Downpatrick, not only because agriculture remains Northern Ireland’s most important and largest industry, but because of some particular political issues that affect Northern Ireland. I recognise that the Minister has tabled some amendments in this group on the relationship with Ministers in the devolved Administrations and I welcome that. However, as my noble and learned friend Lord Wallace of Tankerness has just emphasised, it is important that Ministers in the devolved institutions are serious decision-makers in their own right and in their representation of the people of Scotland, Wales and Northern Ireland and not just rule-takers from outside.
However, in the case of Northern Ireland, there are two other important issues that I believe this amendment facilitates by encouraging and, indeed, requiring the members of the Northern Ireland Executive to work together to develop bespoke legislation and an approach to agriculture that addresses the particular needs of Northern Ireland and the challenges and opportunities of the island nature of Ireland as a whole.
These agricultural issues are practical matters. I found in the negotiation of the peace process that when they could engage on practical issues, rather than those involving profound constitutional principle, it was often possible to reach a surprising degree of agreement between parties that were otherwise in deep disagreement. Recently, we have seen further evidence of this, as the Northern Ireland Executive have dealt quite well with the Covid-19 crisis in comparison with others. By inserting a sunset clause in this Bill, we would be giving a specific encouragement to Northern Ireland Ministers to engage in practical negotiations on the agricultural industry which, as I say, is not a partisan matter.
It was often noted that the late Lord Bannside, when he was Dr Ian Paisley MEP, was able to work closely with the predecessor of the noble Baroness, Lady Ritchie, as leader of the SDLP, John Hume, who was also a Member of the European Parliament. Their co-operation was especially notable on questions of agriculture and the common agricultural policy. Our sunset clause would, in my view, encourage just this sort of bipartisanship and cross-community co-operation on agriculture in Northern Ireland.
The second reason for ensuring that the Northern Ireland Executive take up the development of their own legislation is that, in my view, the next few years will see significant changes in the relationships between the north and south in Ireland. It is clear from the protocol with the EU that Northern Ireland will have a special relationship with the rest of the island, which remains within the EU—something quite different from the rest of the UK. Indeed, it will be the only part of the UK with a land border with the EU and, with particular reference to this Bill, it uniquely has farms that straddle the border. In some cases, part of a farm will be inside the EU and part outside it.
It seems to me inconceivable that by 2026, the date in this clause, it will not have become necessary to develop new ways of addressing these issues that will be quite different from the ways that other parts of the United Kingdom—whether devolved or not—relate with the EU. By then, we will be almost 30 years on from the end of the Troubles that so deepened division on the island. A sunset clause will give the Northern Ireland Ministers the encouragement and freedom to address this complex and developing network of relationships. For these two reasons, I strongly support the insertion of this new clause after Clause 45 in the Bill.
My Lords, I associate myself with the amendments in the names of the noble and learned Lord, Lord Hope, and the noble Lord, Lord Wigley, and also with the remarks of the noble and learned Lords, Lord Hope and Lord Wallace. I am proud of the fact that I am a non-practising advocate, so I maintain an interest in matters north of the border.
As I entirely endorse the comments that the noble and learned Lords have made, I want to ask my noble friend a specific question with regard to the consultation that is asked for under these amendments. With regard to Amendment 291, I associate myself with the request from the noble Lord, Lord Wigley, for a UK framework for agriculture. What form will the consultation on these regulations take? Presumably, the regulations must be relatively far advanced, so when would my noble friend expect the consultation to commence? In reply, can he take the opportunity to inform us what developments there have been on the common frameworks? I understand that, originally, there were to be 24; we now hear word that there will be only three. They are absolutely key to this part of the Bill and to ensuring good faith—I know my noble friend likes to use the phrase “bona fides”—between the four parts of the United Kingdom. With those few words, I support the amendments in this group.
(4 years, 5 months ago)
Lords ChamberMy Lords, I have just a couple of questions. Can my noble friend the Minister reassure us that this is not a change of policy? It is good to have the opportunity to discuss these amendments as part of our discussions on the Bill.
My noble friend said that under the review, particularly when a calendar year is being replaced by
“such year or other period as may be specified in the determination”,
this would be based on scientific evidence. In order to be absolutely clear, may I ask what that scientific evidence will be? Will it include not just the home scientific evidence that we have from England, Scotland and other parts of the UK but scientific evidence from ICES?
I have two anxieties. As my noble friend explained, changing the period from a calendar year could be eminently sensible, but would it not be better to say something like “such year or part-year as may be specified in the determination”? The amendment as drafted is quite open-ended. I would like some reassurance that we are not looking to set, for example, a 20-year value. The ability to use a non-calendar year, or a part-year, seems useful, and I could support that. I just want reassurance that we are not going to see 20 years’ catch allocation being taken in the first year, which would obviously lead to a disproportionate result. I hope my noble friend can reassure me on that.
Amendment 33 is about issues involved in setting the quota of catch or effort for English purposes. Are those issues affecting the setting of the quota of catch or the effort for English purposes only? It suggests that only the EU quota will count as quota that can be overfished, but can my noble friend explain the position of quota that the UK sets for whatever reason? Surely, we in the UK need to know what is happening to stock for which we are responsible. If overfishing is not recorded, how can we address the issue? This is a matter of taking the scientific evidence and the actual recording over whatever time period, whether it is part of a year, and to rule out a 20-year period in the first instance. That is what I am particularly concerned about. Lastly, I would like a reassurance that this is not a change of policy.
We had a problem earlier on in getting the noble Lord, Lord Naseby, and I would like to try again. Lord Naseby?