10-point Plan: Six Months On

Baroness Ritchie of Downpatrick Excerpts

Wednesday 19th May 2021 Lords Chamber

[Lord Callanan (Con)]

I am sorry that the noble Baroness does not give us credit for the considerable sums that we have spent on transport decarbonisation. I took some time to run through some of the figures in answer to the question from the noble Lord, Lord Grantchester. In March last year we published part 1 of the transport decarbonisation plan. We are working to ensure that part 2 is as ambitious as possible, and we intend to publish it shortly. We have been clear that our intention was to get the plan fully published by spring 2021, but of course we have been delayed by wider events. The noble Baroness is right to draw attention to the importance of cycling and walking. They will form a key part of the Department for Transport’s decarbonisation plans.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, given that energy is devolved in Northern Ireland, along, to a lesser extent, with the environment, can the Minister confirm how the Government’s levelling-up agenda will ensure that the devolved nations, including Northern Ireland, keep up with the decarbonisation agenda, including the provision of more electric vehicle charging points and other elements of infrastructure based on the hydrogen economy?

[Lord Callanan (Con)]

The noble Baroness is right to draw attention to the work of the devolved Administrations. I can tell her that we work very closely with the DAs, at both ministerial and official levels, when developing policies and measures to reduce emissions and in tracking progress against our respective targets. Regular engagement takes place through the bi-monthly net-zero ministerial group, which has been developed in the context of the review of inter- governmental relations, and the supporting director-level net-zero nations board, as well as money policy-specific fora and frequent ad hoc contacts. Separately from that, there is a DA ministerial group chaired by COP president Alok Sharma, and the offshore transmission network review looks at policy and regulatory changes across England, Scotland and Wales.

Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021

Baroness Ritchie of Downpatrick Excerpts

Tuesday 27th April 2021 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Hendy, who is very knowledgeable from his legal background in employment law. I thank the Minister for her explanation of the regulations, which I welcome. I welcome the extension of the protection to workers as well as employees, but, like the noble Lords, Lord Hendy and Lord Blunkett, I believe there is a need to go further.

There is a belief that by making only this limited change the Government have failed to address other, similar shortcomings in the law that disadvantage a vulnerable group of workers. While supporting these regulations, I, like other noble Lords and the TUC, believe that the Government need to go further. They should also remedy the improper exclusion of workers from other key rights, which should include protections when a business is taken over and rights to collective consultation in redundancy situations that have been the subject of legal cases.

There is now an important opportunity to remedy some key unfairnesses in UK employment law that disadvantage many of the most exposed members of our workforce. Limb (b) workers should be accorded the same basic rights as employees. What steps will the Government take to remedy this anomaly in future legislation—perhaps bringing forward an employment Bill in the Queen’s Speech? This issue has become more apparent during the pandemic because many limb (b) workers have limited employment rights. They include carers, food delivery workers and parcel delivery workers. Many of these people have been the backbone of our economy during the pandemic and have been most exposed to the risks of Covid. They took many risks and placed their health and security in jeopardy. It is important that they are not forgotten as the UK rebuilds its society and economy.

It is worth noting that an employment tribunal recently found, in a non-binding judgment, that a limb (b) worker falls within the scope of “employee” for the purposes of TUPE, something that has already been referred to by the noble Lord, Lord Blunkett. What legislative steps will the Government take to address this anomaly in relation to the TUPE rights highlighted by that tribunal?

National Security and Investment Bill

Baroness Ritchie of Downpatrick Excerpts

Committee stage
Tuesday 16th March 2021 Lords Chamber

I will listen with great interest to the Minister’s response. I assume that it will not be a matter for a Division now, but one that we must address on Report.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord King of Bridgwater. Unlike him and other noble Lords who have spoken on this issue, I do not have any particular expertise in the ISC or in intelligence and security matters. None the less, it is a privilege to follow the noble Lord, who, as a former Secretary of State for Northern Ireland, was fully aware of many of the intelligence and security issues. I will refer later to one which I think arose during his tenure as Secretary of State for Northern Ireland.

Notwithstanding that, I support the amendments in this group, the context of which was initially addressed at Second Reading by many of their movers: the noble Lords, Lord West of Spithead and Lord Rooker, and the noble Baroness, Lady Hayter. They all revolve around the need for parliamentary oversight and accountability, and thus the involvement of the Intelligence and Security Committee in Parliament.

I am concerned about the impact of inappropriate takeovers and dual ownership of firms that are key to the development of the UK’s infrastructure, including the digital sector. The gaping hole in parliamentary scrutiny and oversight needs to be examined and legislative provision made for it. That is where the hole lies in this legislation.

All noble Lords who have spoken have elaborated on the sensitive nature of investment issues involving other countries which may have a strategic or other ulterior interest in the UK. Those need to be subject to parliamentary scrutiny, particularly decisions on notifications that will be taken by BEIS. A strong case was made in the Commons for the Intelligence and Security Committee to be given an explicit role in scrutinising the outworking of the Bill, but unfortunately the Government rejected it. I thank noble Lords who have spoken and I agree with them. The Intelligence and Security Committee could do a proper and adequate job if it was given a report on how the powers in the Bill are or are not being used.

There is currently no provision for oversight of national security material on which decisions will be taken, hence my support for these amendments as they would expand the current reporting requirements to include reporting to the ISC, incorporating details of the national security decision-making process into the existing annual report in Clause 61, an issue already referred to by the noble Lord, Lord West of Spithead. It is vital that there is oversight of matters that Parliament cannot itself oversee. Oversight and parliamentary scrutiny are key in this respect.

The ISC was established in 1994. I recall that in 1987-88 a company in Northern Ireland that was allocated a demolition contract for Northern Ireland Electricity Service had its contract and its ability to act as a subcontractor withdrawn on national security grounds. It never found out the nature of those national security grounds. No doubt various views were attributed to it. This case was subject to legal proceedings, and the European Court of Justice eventually sided with the inappropriateness of the actions that the Government had taken. I honestly believe that if the ISC had been established at that time, it would have been able to examine papers associated with that case and to judge the appropriateness of the actions and the company. That parliamentary oversight was unfortunately not available at that time, but it is now available and should be utilised to scrutinise global contracts and notifications within the unit in BEIS.

Parliamentary scrutiny is not something that should be feared. It allows engagement, consultation and a degree of transparency, subject to the rules of confidentiality. I support the amendments in this group.

[Lord Janvrin (CB) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Ritchie of Downpatrick. I speak as yet another former member of the Intelligence and Security Committee of Parliament. I strongly support the Bill, but there is a scrutiny gap which has been well identified in this short debate. Other speakers have made the key point in support of explicit oversight by the Intelligence and Security Committee of decisions taken under the Bill based on classified evidence from secret intelligence sources, and I strongly endorse those arguments.

I want to underline very briefly the important point of principle underlying these amendments. The ISC is a vital part of the intelligence agencies’ licence to operate in a democracy by making the agencies accountable to Parliament. It helps maintain public trust and confidence in the secret activities of the state. This obviously includes maintaining trust in government decisions about the activities of the intelligence community. Those broad decisions are taken in the interests of the nation as a whole, but maintaining public trust will surely be just as important when it comes to government decisions that may be narrower but could directly affect the future of individual British companies and the livelihoods of their employees.

The Bill will set up a regime that could materially change people’s lives in the wider interest of national security. However, as drafted, it does so without those people knowing for certain that any decisions based on secret evidence are not automatically subject to scrutiny and examination by the one committee of Parliament specifically set up to be able to do this: the ISC. This seems wrong in principle.

There is then the point of practice. I think we would all argue that effective scrutiny leads to better decision-making. The Minister in another place said that there is nothing to stop the ISC calling for evidence on a specific decision. That may be true, but is it practical? It calls to mind Donald Rumsfeld’s “unknown unknowns”: how does the ISC know which decisions to examine in detail? I question whether such a hit-or-miss approach to scrutiny would lead to better decision-making.

Amendments 70, 78, 79 and 82 all suggest means to provide effective ISC scrutiny. As has been pointed out, Amendment 70, in the name of my noble friend Lord Butler, has the merit of real-time accountability. This should be examined carefully, but the other amendments ensuring regular and automatic classified reporting to the ISC will, I believe, do much to ensure public trust in the processes of the Bill. As the noble Lord, Lord West, said, without one of these amendments, there would be no effective oversight.

I very much look forward to the Minister’s reply, and I hope he will be sympathetic to some kind of movement on this important issue. As I said at the beginning, this is a matter of trust.

Electricity Supplier Payments (Amendment) Regulations 2021

Baroness Ritchie of Downpatrick Excerpts

Tuesday 23rd February 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Bourne of Aberystwyth, and I thank the Minister for introducing these regulations.

I am not opposed to the regulations as I believe they are standard practice in the electricity industry. However, like the noble Baroness, Lady Bowles of Berkhamsted, I am curious about certain issues. I am concerned about the impact of the pandemic on the commercial, business and hospitality services and above all on the jobs of many people working in these sectors. I am concerned about the long-term consequences for livelihoods and the impact on the electricity industry and the use of electricity by consumers. I note that there has been a downturn in demand for electricity in the business sector, given that so many people now work from home, and that the House of Lords Secondary Legislation Scrutiny Committee considered this an instrument of interest because it involves changes to business practice and regulation.

The Department for Business, Energy and Industrial Strategy says that it would have preferred to propose new levy rates for the next three financial years to reduce the administrative burden on the sector, as it did in 2017, but that electricity demand has fallen significantly during the pandemic and that this uncertainty makes it difficult to forecast electricity demand beyond the 2021-22 financial year. The department estimates that the amounts of money for business and domestic consumers will not be great.

Notwithstanding that fact, I have some questions for the Minister. Like noble Lords who have previously spoken, I will be quite content to receive those answers in writing if he does not have them today.

Is it possible to estimate domestic electricity consumption and is there a change in such consumption as more people are now working from home as a result of the pandemic? What has been the corresponding level in terms of payments or revenue received? Has there been a read-across to the winter severe weather period, given that electricity companies have models for predicting weather patterns and increases in electricity consumption uptake? Is it possible to estimate on a cross-departmental basis with the Department for Work and Pensions the number of people who are in fuel poverty because their level of income benefit dependency does not allow them to pay for their electricity? That particularly applies to the domestic sector.

In what ways is the Covid pandemic reducing demand for electricity in the business environment, in both the private and public sectors? Will that change with the re-opening of the economy, as per the plan outlined by the Prime Minister yesterday? Has there been a marked decrease in the commercial, business, industrial and public sector environments? Is it possible to put a figure on this? Also, I understand ministerial limits, but does the plan involve BEIS working with the Treasury to get business working again on an incremental basis to underpin our economy? Will the plan provide an update on electricity consumption in the business and commercial sphere? What representations have been received from those sectors?

Will there be further legislative measures beyond 31 March 2021 to prevent insolvencies? The Minister has brought forward previous statutory instruments, the last of which is due to expire at the end of March. I am surprised that no full impact assessment is required for these statutory instruments whenever there is an impact on the uptake of revenue in respect of electricity bills for the business sector. What is the assessment of the impact on electricity bills of changes to people’s lives and working environments as a result of working from home? I look forward to the Minister’s response.

National Security and Investment Bill

Baroness Ritchie of Downpatrick Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Thursday 4th February 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Bennett of Manor Castle. I welcome the noble Lord, Lord Woodley, to the House and congratulate him on his maiden speech.

The aim of this Bill is to reform the way in which inward investment into the UK is investigated to ensure that hostile Governments or other entities do not use it to undermine the UK’s national security. It follows calls for reform, including from the Intelligence and Security Committee of Parliament, to which the noble Lord, Lord West of Spithead, has already referred.

The purpose of this Bill is to prevent international economic crime impacting on major businesses in the UK, but a lot more bureaucracy and resources will be required to execute its provisions. Combined with the provisions in the Financial Services Bill, it will give the Government more legislative teeth with which to address economic crime and corruption. But will the legislation actually benefit businesses and university research? We are still in the Covid pandemic and it will take some time to come out if it.

The Government have argued that these powers are necessary because of the resurgence of state-based threats to national security and the risk of UK businesses being controlled by entities with close ties to hostile foreign Governments. It is important to stress that inward investment and global competitiveness should not be compromised as a result of these new measures, which are undoubtedly the result of private Chinese interventions in the digital sphere. We need to be open for business and to have a continued inward investment platform. As the noble Lord, Lord Dodds of Duncairn, has already mentioned, in Northern Ireland we rely significantly for our manufacturing and business sectors on foreign direct investment. We also work directly with the universities on technology transfer. It is important that those industries are not impacted or undermined further by these proposed legislative developments, because it would have major repercussions for our fragile jobs sector. Our fragile business economy—particularly the aviation sector—must not be further threatened. High-level research must be encouraged and supported.

I want to concentrate on several areas. First, we need to increase parliamentary scrutiny of how the Secretary of State may use the powers in the Bill. This has been referred to during debate on the various stages in the other place. Businesses need clarity about how the powers in the Bill would be used and the definition of national security. We also need to ensure that this is not straight-down-the-line protectionism. There needs to be a mechanism for greater reporting to Parliament about the use of the powers. The Intelligence and Security Committee should have a role. The Secretary of State should publish guidance about the Bill and the regulations made under it within six months of it being passed. Will the Minister ensure that government amendments come forward in Committee or on Report to address the need for greater parliamentary scrutiny?

It is also important that small and medium-sized businesses are not undermined. There is a fear that the notification process could become burdensome on such businesses, which would now fall within the scope of the new regime. The possible impacts on businesses of the new regime must be properly assessed, and legislative measures put in place to ensure that they are mitigated. Will the Minister commit to protecting small and medium-sized businesses in this way?

I turn to the position of universities which host incubators and start-ups. University research and innovation are vital for the UK. They have close links with inward investment and the business and industrial sectors. This must not be compromised as a result of these new legislative measures.

Like many other noble Lords, I have received a briefing from the University of Cambridge, which is involved with the business sector, especially with university technology transfer. I hope that the Minister and his colleagues in BEIS will find some solutions to deal with those issues.

Let us remember that national security has been invoked in the past in the context of Northern Ireland. This led to a major demolition company losing a big contract, with investment and job repercussions. All these issues must be addressed. We need to achieve a balance in the contents and proposals of this Bill.

Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) (No. 2) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Tuesday 19th January 2021 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is always a pleasure to follow the noble Baroness, Lady McIntosh of Pickering. I thank the Minister for his explanation of these regulations, which simply prolong the period in which the temporary provisions that restrict the issuing of winding-up petitions under the Corporate Insolvency and Governance Act are to have effect to 31 March 2021.

While the regulations are welcome, like the noble Baroness, Lady McIntosh of Pickering, I wonder about the Government’s exit strategy and the need to support companies that have had to endure—along with their management and employees—severe restrictions as a result of the Covid pandemic. This was raised during the passage of the Bill, and the debate on subsequent regulations, because of the nature of the pandemic, the need to bear down on infection rates, and the problems faced by many businesses in such a difficult trading environment. Therefore, why not extend for a longer period, as lockdown could last for a significant time, given the concerns around the level of transmission of the new variant of Covid.? I fully appreciate that there is a balance to be struck between having an exit strategy and protecting companies from insolvency.

Unfortunately, we are discussing this statutory instrument in retrospect, because of the nature of the pandemic—it came into force on the 31 December. However, is there not a better, more effective system, whereby we can debate and affirm such statutory instruments before they come into effect, to ensure greater accountability?

The noble Lord, Lord Bourne of Aberystwyth, referred to the briefing we received from R3. It suggests that a key way for the Government to help manage the process is the invocation of HMRC to take an engaged and supportive approach in its role as a creditor in most insolvencies. With its new preferential status, HMRC’s support as a creditor will be required to ensure that viable restructuring proposals can be agreed—proposals that could potentially save thousands of jobs and businesses as the UK adjusts to a post-Covid environment next year.

As the noble Baroness, Lady McIntosh of Pickering, said, there are other issues. There needs to be a multi-departmental approach across BEIS, the Treasury and HMRC to address the regeneration of our high streets, where many of these businesses are located. What discussions have taken place about a root and branch review of the business rates system, the continued freezing of commercial rates, an underpinning and pump-priming of our high streets, the extension of the Towns Fund beyond 101 locations and the expansion of business improvement districts? All these measures would help pump-prime and underpin not only retail but our wider business environment, which has had to endure the impact of Covid and the consequential financial restrictions, and a loss of income. In many instances, independent retailers and small businesses have had to compete with those much larger businesses that are currently operating, such as the large supermarkets—but they cannot compete because, in most instances, they are not allowed to.

So I hope the Minister can provide some answers today; if not, I hope he can provide some answers to me in writing.

Trade Bill

Baroness Ritchie of Downpatrick Excerpts

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Wednesday 6th January 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow my noble friend Lord Hain, who has outlined in a very detailed and expansive way the purpose and remit of these three amendments.

These amendments, to which I am one of the signatories, are very much Northern Ireland-specific. It is important that there is now a trade deal. I was a remainer and I will always be a remainer: I did not vote for Brexit but I recognise that there was a need for a trade deal between the UK and the EU—albeit a thin deal, as this is. Having talked to businesses in Northern Ireland, I know that it is clear that mitigations are still required. As a result of the trade deal—which is totally wedded to the protocol—and the acceptance and acknowledgement of the Northern Ireland protocol between the UK and the EU in the joint committee, Amendments 17 and 18 are largely eclipsed.

Notwithstanding the need to see ongoing commitments that demonstrate the implementation of the withdrawal agreement and the Ireland/Northern Ireland protocol, all efforts must be made to ensure the full implementation of the Good Friday agreement and the principles of parity of esteem and reconciliation. These are fundamental to our political and peace settlement. Having served as a Minister in the Northern Ireland Executive when my noble friend Lord Hain was in the later stages of his tenure as Secretary of State for Northern Ireland, I know that he will be well aware of the importance of parity of esteem, reconciliation, working together and partnership in the process of bringing people together.

Borders are generally anathema to us: we do not want to see borders on the island of Ireland—hence the need for the protocol—or a border in the Irish Sea. Sadly, however, that has happened, because there are now border posts at Larne, Belfast and Warrenpoint ports. There have also been some teething difficulties, such as the vacant shelves announced today by Tesco and Sainsbury’s. Can the Minister say that those teething issues will be resolved, if at all possible, and that mitigations will be introduced to assist the business community and keep our local economy buoyant?

So far, analysts and researchers, such as Professor Hayward from Queen’s University Belfast, have indicated that the trade and co-operation agreement did very little to soften the Irish Sea border. But one thing is sure: Amendments 17, 18 and 26 precipitate the need to look out for certain things in relation to the protocol and the trade and co-operation agreement.

The TCA is complicated, and it will take months for experts, lawyers and officials fully to work out its implications, and on many of these we will be reading across to the protocol. The TCA is a work in progress; there are many references in the document to future development or anticipated improvements. There are four overriding concerns for Northern Ireland. How will the evolution of the TCA be connected to that of the protocol? How will the governance of the protocol, including its unique institutions for that purpose, be linked into relevant areas of governance of the TCA in a specialised committee for SPS measures? How will the British-Irish and north-south strands work to develop substantive and serious bilateral arrangements to meet the gaps in the TCA and common travel area? When the real impact of Brexit takes effect on Britain and the EU, how much care and flexibility will either be prepared to show Northern Ireland, which is on the periphery of the UK and of the European Union?

As the noble Lord, Lord Hain, stated, Amendment 26 deals specifically with the need to ensure that there is no discrimination in goods and services from Northern Ireland to Britain. It is important that provision for that unfettered access is placed in the Bill. The amendment would mean that any trade agreement between the UK and any other party that was subject to Sections 20 to 25 of CRaG was not to be ratified if anything in that agreement prevented the UK from ensuring unfettered market access for goods moving from Northern Ireland and other parts of the UK’s internal market and services provided by a service provider in Northern Ireland to customers in other parts of the UK and vice versa. It would also ensure that the Northern Ireland economy was protected and not undermined in any specific or deliberate way and, particularly with the ravages of Covid-19, was allowed to become buoyant again.

I fully support the noble Lord, Lord Hain, in proposing Amendment 26. If he calls for a Division, I shall support him in the virtual Lobbies later this afternoon. It is important that Northern Ireland’s distinct trading position is protected and that any tensions that may arise between the protocol and the internal market are resolved. The one way in which to do that is by accepting Amendment 26.

[Lord Eames (CB) [V]]

My Lords, I want to address the terms of Amendment 26, in the name of the noble Lord, Lord Hain, the noble Baroness, Lady Ritchie, and others. I do so with a feeling of compulsion, not just for historical reasons but because of the situation as it is now in Northern Ireland. When we talked about this amendment for the first time, it was possible to refer to the fact that the Northern Ireland land border would soon become the border between the United Kingdom and the European Union. As time has passed and we have considered this Bill, the situation is now slightly different. The difference is that the land border between Northern Ireland and the Republic is the border between the United Kingdom and the EU. Because of that, many would say, “Well, the situation has clarified for Northern Ireland, and many of the worries that you have expressed to the House over the years have resolved themselves to a certain degree of clarity, because the situation is that your border is the border with the EU”.

I refer to a remark made by the noble Lord, Lord Fox, on a previous occasion in debate on this Bill. He said that trade was about people—a simplistic remark that it would be very easy to erase from the memory. However, in the light of what we who support this amendment today want to stress to the House, that remark stresses something of great importance. Over the years, I have at some length spoken to your Lordships of the sensitivities in Northern Ireland based on our history, and this is not the occasion to do so again—except to say that nothing in this Bill can be dismissed as having no historical context, because trade is about people. I speak after years of experience of dealing with those problems, and dealing with them on a practical level, as the Anglican primate of the whole of the island.

The wording of Amendment 26 attempts to answer what underlines a great deal of the trouble and worries in Northern Ireland at this moment. Those worries can best be summed up as uncertainty, because uncertainty brings with it stress. The business community is faced with Brexit, with the unknown future lying before us all and with the questions of our relationship with the rest of the United Kingdom which the noble Lord, Lord Hain, painted so clearly just now. All that uncertainty combines to figure dangers for the trade and business prosperity of a part of the United Kingdom—namely, Northern Ireland. If the sense of this amendment is not included on the pages of the statute book, in the light of what else is said about the Trade Bill, its absence will make even more visible the uncertainty and the stress for our local community.

We have spent a long time in this House looking at this Bill. We have had to face its terms not only in what is before us on the Marshalled List but in what is happening in the situation around us, far from Westminster. The plea that I make, coming as I do from Northern Ireland, is that your Lordships realise that we are not playing with words. We are not trying to overdramatise for historical reasons the need for this amendment. We are saying that we represent genuine uncertainty and doubt and, as one businessman put it to me at the weekend, the fear of the uncertainty that lies ahead of us as part of the UK.

I stress one other aspect. One lesson that the debates on this Bill has produced has been a new recognition of the doubts as well as the achievements of the devolved settlement. We have learned a great deal about that relationship and that settlement; we have learned how good it can be, how welcome it can be and how strong it can be for the whole United Kingdom, but we have also recognised its limitations.

Amendment 26, so ably produced by the noble Lord, Lord Hain, shows the need to be clear in those areas of uncertainty where part of the United Kingdom finds itself not as a future border with the European Union, but the border today between two Administrations. I hope the Minister will realise, when he comes to reply, that one of the shortcomings of the way in which we work as a House under our present conditions is that there are often things that cannot be examined in detail. This is very true of matters of trade but even more true of matters to do with people, and because people are a part of trade, I support Amendment 26.

--- Later in debate ---

[The Lord Bishop of St Albans [V]]

My Lords, I will speak briefly in support of Amendment 23. The Government’s proposed online harms Bill will provide a welcome framework to protect the most vulnerable from exposure to dangerous content by placing the burden of responsibility on social media companies. This crucial legislation will better equip Britain to deal with the digital age.

Much has been made of our new-found freedoms now that we have left the EU, and some people might wish to use those freedoms in a race to the bottom. However, some of us are hoping that they can be used to give a very strong lead in the world as to the ways in which nations can seek to protect the most vulnerable from all sorts of harms that can come their way when they are online.

Concerns have been raised about the prospect of protections for big tech firms being forced into future trade deals, particularly those between the UK and the US, which might undermine our national efforts to hold tech firms accountable for the content on their platforms. The recent trade deal between the EU and the UK should serve as a reminder of the gap that exists between rhetoric and reality. For all the Government’s talk of a fishing renaissance, the trade deal with the EU achieved only a marginal improvement in quotas, much to the dismay of many. As such, there is, rightly, a fear that, without strong legal provision within trade agreements to protect children online, this will simply become another area up for negotiation—a concession that could be traded away to secure a deal.

The collective efforts of the Government and this Parliament to protect children from exposure to dark and sordid material, which in some cases can lead to serious mental health problems—even, exceptionally, to suicide—cannot and must not be sacrificed on the altar of material gain. The amendment would guarantee the safety of children online and ensure that these protections could not be negotiated away, and I hope that your Lordships’ House will support it.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I am delighted to follow the right reverend Prelate the Bishop of St Albans, and I take this opportunity to congratulate the noble Baroness, Lady Kidron, on bringing back this revised amendment on Report. I was happy to support it in Committee and am now very happy to do so on Report.

There is a concern that the upcoming UK-US trade deal will put at risk the UK’s progress in providing a safe digital world for children. I hope that, on the side of the United States, President-elect Biden and his colleagues can address that issue. There is a fear that the US tech lobby has forced domestic protections for big tech firms into US trade deals with Japan, Korea, Mexico and Canada, and, according to informed research, is trying to do the same with the UK-US deal. What update does the Minister have on that issue? There is no doubt that it would undermine both existing UK law that protects children online and the impact of the much anticipated online harms Bill.

It is important to ensure that future trade deals carve out our domestic legislation so that the UK can continue to be a leader in child protection online. Amendment 23 would clearly require all future trade deals to respect and protect the progress that has been made in the UK, including through the online harms Bill, the ICO’s age-appropriate design code and the Data Protection Act 2018, of which the code is part, and make it impossible for the UK to sign deals that put these protections at risk. It would stop children’s safety being compromised by US trade interests and, in doing so, maintain the leadership in children’s online safety. I am happy to support the amendment.

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, I support this amendment, which has been brilliantly introduced by the noble Baroness, Lady Kidron, and we have heard some very strong and emotional speeches in favour of it. It is quite obvious that the internet is a most incredible thing. I cannot imagine what the past year would have been like—and, of course, this year and all years into the future—without the connectivity that the internet has given us when life could have been extremely lonely.

At the same time, the internet can be a very dangerous place because the dominant companies have the most incredible amount of power. This small but crucial amendment would go a long way towards protecting our children. With the USA, it is obviously even more important that we have these sorts of protections, not just because those companies think that anyone over 13 is not a child any more but because they have a strategic interest in disassembling regulations from other countries, which is to maintain their dominance in this area.

This Government like to use moral panic to justify all sorts of legislation—repressive legislation, I would call it—using censorship and spying to further their aims. They cannot have that in only one direction. The same logic must support this amendment, to protect children from the darkest corners of the internet.

Green Economic Recovery

Baroness Ritchie of Downpatrick Excerpts

Monday 14th December 2020 Lords Chamber

Asked by

[Baroness Ritchie of Downpatrick]

To ask Her Majesty’s Government what plans they have to promote a green economic recovery in response to the impact of the COVID-19 pandemic.

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Callanan) (Con)]

My Lords, as we rebuild, we must build back greener. Last month, the Prime Minister announced our Ten Point Plan for a Green Industrial Revolution, spanning clean energy, buildings, transport, nature and innovative technologies. The plan will mobilise £12 billion of government investment to unlock three times as much private sector investment by 2030, level up regions across the UK, and support up to 90,000 highly skilled green jobs.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

Further to that, could the Minister outline what consideration the Government have given to the incorporation of a national retrofit strategy as a key infrastructure priority and a core element of their industrial strategy?

[Lord Callanan (Con)]

The Government will publish a heat and buildings strategy in the coming months; this will set out the immediate actions that we will take to reduce emissions from buildings, including deploying energy-efficiency measures and transitioning to low-carbon heating.

Prohibition on Quantitative Restrictions (EU Exit) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Tuesday 8th December 2020 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for his explanation of these regulations. I declare my interest as a member of the Common Frameworks Scrutiny Committee of your Lordships’ House.

I understand that this very technical statutory instrument, which deals with England, Scotland and Wales, is to end the application of directly effective rights that flow from EU treaty provisions that prohibit the imposition of quantitative restrictions, such as administrative or regulatory requirements, which restrict free movement of non-harmonised goods within the EU or between the EU and Switzerland or the EU and Turkey.

At the end of the transition period, from 1 January 2021, GB will have its own regulatory regime for goods and the intention of this instrument is apparently to ensure that there is no barrier to diverging from EU rules should GB seek to do so after the end of the transition period. As I understand it, it is a protective instrument.

In that regard, will the Minister spell out the nature and the number of meetings and discussions with the devolved Administrations in Scotland and Wales? Can he advise what preparations have been made and what further support funding will be provided for businesses? They have probably been ravaged this year by Covid and because of the uncertainty as we advance towards the end of the transition period. They need help, because many of them are competing with Amazon and the online businesses of the UK.

Furthermore, will common standards for trading be agreed via the common frameworks process and will that be put on a statutory basis? I know there is no reference to that within the statutory instrument, but I appreciate that that could be a direct, or maybe indirect, consequence of this.

Furthermore, I understand that EU rights will continue to apply in Northern Ireland by virtue of the protocol. On that, I am pleased that a “deal” was reached in the joint committee about a couple of hours ago on Northern Ireland border checks that will provide a solution for businesses and, I hope, result in the withdrawal of those controversial clauses in the United Kingdom Internal Market Bill. If the Minister is not able to provide detail and clarity on that today—I suppose that it does not relate directly to this statutory instrument—perhaps he could do so in writing. I hope it will be possible to achieve a free trade agreement that prevents customs friction and provides an implementation period, because that is a vital to all businesses in Northern Ireland or Great Britain.

Obviously, I have read the House of Commons debate on this issue and what was said in your Lordships’ Secondary Legislation Scrutiny Committee, which referred to how the statutory instrument could impact on the flow of goods between Northern Ireland and GB. The Minister and the noble Lord, Lord True, have insisted throughout this process and during debates on the United Kingdom Internal Market Bill that there will be unfettered access for goods between Northern Ireland and Britain. The Bill makes provision for that unfettered access for qualifying goods and for the application of market access principles of mutual recognition and non-discrimination. Can the Minister define those qualifying goods? What are they? Businesses trading in Britain, and those trading in Northern Ireland, would like to know what that definition is. What are the qualifying goods in that regard?

It is interesting that an amendment was tabled on Report on the Trade Bill, which should have been reached last night but was not, that sought to ensure that there would be no discrimination in respect of goods and services coming from Northern Ireland into Great Britain. I want assurances from the Minister: will this draft statutory instrument, which deals specifically with England, Scotland and Wales, ensure that there will be no discrimination of goods and that there will be unfettered access for goods and services from Northern Ireland to GB? Maybe he could go a little further and explain the processes involved in that.

We do not want to see a threat to existing supplies of any type of goods within England, Scotland and Wales. The same applies to Northern Ireland. I hope the statutory instrument provides the pathway to do just that. I realise it is highly technical and simply protects the market to allow divergence from EU rules to take place, but in so doing it is important that businesses are protected and that there is no diminution of any type of rights, or any type of damage to businesses, in the short and long term.

Trade Bill

Baroness Ritchie of Downpatrick Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 7th December 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, these two amendments have much to commend them and dovetail neatly with parts of my Amendment 7, which we will consider in a moment: in particular, that any trade agreement or report from the Trade and Agriculture Commission should be laid before Parliament in sufficient time for it to be considered. I will go into more detail when we come to that group of amendments, but it would also extend the period during which a vote shall be held in each House to up to 42 days, so there is an overlap between Amendment 6 and my Amendment 7. This is important for the reasons set out by the noble Lord, Lord Purvis, my noble friend Lord Lansley and others, particularly, the noble and learned Lord, Lord Goldsmith, who chairs the committee and speaks with great authority on these issues. There must be time for both Houses of Parliament to consider those agreements, in the terms set out by the noble Lord, Lord Purvis, and others supporting Amendment 6.

I refer again to the useful table included on page 77 of the National Food Strategy, part 1, which I refer to as the Dimbleby report, part 1, which sets out the scrutiny of trade agreements in the various legislative Chambers. It is true that in Australia, Parliament must vote on legislation to implement a trade agreement only where it requires changes to national laws. However, tariffs are set in statute in Australia, so that effectively gives Parliament a vote on trade treaties. For TTIP, the House in Australia spent two days debating the treaty and the Senate one day. In Canada, as in Australia, Parliament does not have a formal vote on treaties; the Executive must lay a deal before Parliament 21 days before any action to implement the agreement is taken. However, as in Australia, Canada’s tariffs are set in statute, so again, Parliament inevitably needs to vote on the deal as a whole as well as any implementing legislation.

Perhaps the most thorough—albeit that we are leaving the European Union—is the European Union process itself. In New Zealand, Parliament must vote on legislation to implement the trade agreement, which means that the treaty is voted on again by the House only if it requires a change in domestic legislation. It has already been said that in Japan, the approval of the National Diet, the Japanese Parliament, is required for any trade agreement to come into force, and in Switzerland, all trade agreements must be approved by the Federal Assembly, the Swiss Parliament. If 50,000 Swiss citizens request it, they must be put to a referendum. Our scrutiny of trade agreements—not continuity agreements but new agreements, where, as the noble and learned Lord, Lord Goldsmith, identified, there is no underlying EU agreement—is deficient compared to that of other national jurisdictions and Parliaments.

I have sympathy with Amendment 6, although I will go on to explain when we come to the group beginning with Amendment 7 why I believe that my wording is preferable.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady McIntosh of Pickering. I support the objectives of Amendment 6 in the name of the noble Lord, Lord Purvis, and colleagues, which seeks to ensure that trade deals are subject to parliamentary scrutiny and that consultation takes place with the devolved Administrations, a feature that is currently missing. This is particularly acute as we have just three weeks until the end of the transition period and do not know whether there is to be a trade deal or whether, if agreed, it will be zero tariff, or whether the UK will be operating under WTO rules.

This amendment, in the names of the noble Lord, Lord Purvis, and other noble Lords, has been supported by the Trade Justice Movement and Greener UK. It has five properties, which are very important for the scrutiny of trade deals. First, before negotiations, there will be a debate and vote by MPs on the Government’s negotiating objectives; secondly, during negotiations, there will be additional scrutiny through a dedicated parliamentary committee; thirdly, after negotiations, there will be a vote in both Houses on a final deal, prior to ratification; fourthly, there will be mandatory sustainability impact assessments on the impact of the new trade deal on the environment, public health, human rights and global development; and, fifthly, there will be consultation with the devolved authorities. As the noble Lord, Lord Wigley, said, those things absolutely are important. Coming from Northern Ireland and having been a representative of the devolved institution there, I say that it is important that we recognise and acknowledge the devolution settlements.

Those five provisions offer a considerable improvement on the level of parliamentary scrutiny of trade deals in the UK, whose processes lag behind those of the EU and other countries. The current treaty scrutiny system, as outlined in the CRaG Act, is inadequate and has been criticised by five parliamentary committees, including the Lords Constitution Committee and the Lords International Agreements Sub-Committee.

Modern trade agreements affect large parts of public policy, including consumer and workers’ rights, environmental and climate change legislation, food standards, health, public services and international development. In such a context, it is vital that trade deals are developed democratically. I support Amendment 6. I also support Amendment 12, in the name of the noble Lord, Lord Lansley. If the noble Lord, Lord Purvis, eventually presses his amendment, I will support him in the Lobbies this evening.

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Ritchie. I agree with everything that she said. I was going to speak only to Amendment 6 but the opening speech on Amendment 12 was very convincing, so if the House divides on either amendment, I shall vote for them.

My problem with the Bill is one that I have had for the last two years with this Government—particularly in the last year, when they have kept trying to reduce our democracy. I simply do not understand how a Conservative Government can justify that. If they were sitting on the Opposition Benches at the moment, they would be shouting loudest about how corrupt it all was and how we were trying to take power back for the people, not for politicians, and so on. For me, it is incredibly frustrating constantly to hear and see these attacks on democracy. I do not think that this Government have a clue about it.

We have discussed these issues more than once over the past four years; it is getting quite repetitive. When we in this House amend and improve any legislation, it goes back to the Commons and then of course it is all whipped out or the Bill is delayed for a few years, so in some ways all our work is for nothing. With this Bill, the Government are again trying to bypass scrutiny. Why would they want to do that? Scrutiny helps—it can highlight the problems, as well as improvements—so why anybody would want to do that, I just do not understand. It should be enough, even for the most loyal Conservatives on the Government Benches, to ask, “What on earth we are doing here? Why are we bothering? There is all this hard work from the second Chamber and it comes to nothing.”

The Greens believe that the market and the economy should serve the people, not necessarily politicians or even big business. Therefore, I strongly support Amendment 6. It is a case of caring very much about climate change, the environment, workers’ rights and the quality of our food; I just do not understand why the Government are choosing to fight this. I accept that having a huge majority in the Commons means that they can pretty much do what they like, but why would they? Why not honour some of the promises that they made in the Brexit debate and give power back to the people?

--- Later in debate ---

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Henig, and to hear not only her very cogent arguments but also her questions. I do hope the Minister will answer them, particularly on trade with China.

I support Amendments 7 and 44 in the name of the noble Baroness, Lady McIntosh. It is obvious immediately, from the way she laid things out at the very beginning, that the Government have done a little but not enough. It is a pleasure for me to speak in this group and have a tiny part in the Government’s compromise amendments. Although they are welcome, they just do not do the job. Why do they not guarantee the commission its independence? The weakness is exposed when compared with the non-government amendments in this group. While I would like to call a win a win, I do not think we really have a win here. I am worried that this welcome but small compromise will actually create nothing more than a talking shop, which can simply be ignored by the Government.

The Government have put the Trade and Agriculture Commission on a statutory footing, with Amendments 49 and 50, given it a degree of permanency and have even seemed to incorporate what we were pushing for in that it should have its own staff and facilities, but then government Amendment 36 throws all that out. A Secretary of State can ditch the whole thing with a statutory instrument. How is that sticking to a promise about making this a body that can properly do the job?

I hope that the Minister will think again before Third Reading, so that we do not have to compromise endlessly with a body that is too feeble and inconsequential to do the job.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Jones of Moulsecoomb. I am a signatory to Amendments 7 and 44, and I congratulate the noble Baroness, Lady McIntosh of Pickering, for her very accurate, extensive and comprehensive exposition of those amendments, as well as her critique of the government amendments in this group. While we welcome the establishment of the Trade and Agriculture Commission on a permanent basis in statute, there are certain distances yet to come. Obviously, like other noble Lords, I question the content, the purpose and remit of Amendment 36, which seems to nullify the impact of the Trade and Agriculture Commission. Like the noble Baronesses, Lady Jones of Moulsecoomb, Lady Henig and Lady McIntosh of Pickering, I ask the Minister to outline the purpose and remit to see whether he can provide us with any assurances that it is not simply there to negative what is already in existence by way of secondary legislation or in a statutory instrument.

Amendment 7 provides 42 days for parliamentary scrutiny, which is better because it allows adequate time for that scrutiny to take place. A new schedule outlined in Amendment 44 provides for a Trade and Agriculture Commission with greater independence to link in with the whole agricultural area. We should always remember that those involved in the farming industry need this independent body to advise on trade matters, agricultural and food standards, and environmental standards. Like other noble Lords, I would like to see references, and hope the Minister could provide us with some detail about the need for food safety, as well as for employment and human rights. Those are equally important requirements.

In submissions that we have received over the last few days, Greener UK has lobbied along with the farming organisations for the Trade and Agriculture Commission. Given that the UK’s food standards are high on the negotiating priorities of many of our prospective trading partners, stakeholder input and scrutiny of trade deals in relation to agri-food standards, it is important that the UK delivers the public’s expectation to maintain high standards. It has been recognised that the Government have taken a step in the right direction by putting the Trade and Agriculture Commission on a statutory footing through the various government amendments, but again I question Amendment 36. I thank the Minister for the meeting he had, on a cross-party basis, with noble Lords on the various issues to do with the Trade and Agriculture Commission, but I believe that the Government could go a little further. Perhaps the Minister could specify if there are any additional details to be provided at Third Reading. The new schedule proposed in our Amendment 44 underpins the need for the independence of the TAC.

Will the Minister spell out how the Trade and Agriculture Commission will be required to produce an annual report with recommendations on how to improve food import standards and how to incorporate changes in domestic standards into existing and future trade deals? How will the Secretary of State be required to take all these recommendations into account when setting trade negotiating objectives, and how will the Government issue a response to the recommendations? Will the Minister provide some assurances in that regard and will he be bringing something forward at Third Reading?

We also note that the TAC’s scope in the government amendment is limited to agricultural goods and does not address wider scrutiny of regulations and standards pertaining to other goods and services that may be impacted by trade deals, such as chemicals, which the amendment of the noble Lord, Lord Stevenson of Balmacara, makes provision for. This, from memory, has already been referred to by the noble Lord, Lord Grantchester, in his submission.

I am very happy to support Amendments 7 and 44. I am pleased that the Trade and Agriculture Commission will be put on a permanent basis, but I plead with the Government not to negative the good work by having Amendment 36, and ask the Minister not to press that.