King’s Speech

Baroness Ritchie of Downpatrick Excerpts

Thursday 18th July 2024 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, it is a pleasure to follow the noble Lord, Lord Curry of Kirkharle. I congratulate the noble Lord, Lord Fuller, on his maiden speech.

The King’s Speech—the gracious Speech—heralds a welcome step change in our politics, with a range of policies and legislation to be implemented by the new Labour Government under Prime Minister Starmer and his ministerial team. I welcome our Front-Bench Ministers, my noble friends Lord Hunt of Kings Heath and Lady Hayman of Ullock. I look forward to working with and supporting them in a positive environment where politics is a lever for economic growth, supporting and improving the lives of communities throughout the UK.

It would be remiss of me if I failed to mention a particular Northern Ireland aspect, which I welcome, although it is not integral to today’s debate. My noble friend Lord Murphy of Torfaen was particularly involved in this with me. I welcome the procedures to be put in place to repeal the Northern Ireland legacy legislation. I welcome the fact that, after working in consultation with all parties, measures will be brought forward to begin the process of repealing and replacing the misnamed and totally inappropriate Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

Today I will concentrate on the environment. During the last few days, I reflected on our Labour manifesto for the 2024 election, which stated that Labour would give regulators the power to

“block the payment of bonuses”

to the executives of water companies that fail to prevent pollution. It also said that Labour would

“bring criminal charges against persistent law breakers”—

hence the very welcome water Bill, which is in the King’s Speech. I kept looking at Twitter—now called X—over the last few weeks, and I saw my fellow countryman, Feargal Sharkey, highlighting the pollution problems with all the rivers throughout the UK.

This manifesto, and therefore the King’s Speech, committed to expanding nature-rich habitats, such as wetlands, peat bogs and forests. It said that Labour would improve access to natural environments by developing new national river walks and national forests in England. This has a direct cross-cutting connection with health, growing our economy and developing our tourism industry, which includes economic spend.

In this respect, I look forward to that further development and the outworking of the planning and infrastructure Bill, which no doubt will deal with those issues. The briefing note to the gracious Speech says:

“Change will take time. The Government will outline further legislation to fundamentally transform our water industry and restore our rivers, lakes and seas to good health”.


What shape will that further legislation take? I would like it if my noble friend Lady Hayman of Ullock could elaborate on that.

Like Peers for the Planet and the noble Baroness, Lady Hayman, who spoke earlier, I firmly believe that this Parliament and this Government have the critical task of delivering the UK’s 2030 climate and nature targets and setting the course to 2050. Early policy decisions that drive emissions reduction will be needed alongside urgent action to adapt to physical climate risks and protect and restore our valuable natural landscape.

As a resident of and former public representative in Northern Ireland, I hope that the new Government can help to influence environmental policy there—although it is devolved. Perhaps the Minister could indicate when she intends to meet the relevant Minister in the Northern Ireland Executive to discuss joint plans for developing and conserving our whole environment in the UK, but also ensuring that our natural asset is central to the development of our economy and the health and well-being of all our citizens.

Our manifesto said that the UK faced a “nature crisis” accelerated by climate change and argued that the UK had become one of the most nature-depleted countries in the world. It committed to tackling pollution in rivers and seas—I think of one of the largest lakes in these islands, Lough Neagh in Northern Ireland, which is again polluted with algae this year. There needs to be a means of addressing that. Perhaps the Minister could talk to her equivalent in the Northern Ireland Executive so that there can be joint action on tackling these environmental problems.

Our manifesto also said that we would improve the ability of central and local government and emergency services to respond to natural emergencies and coastal erosion. Will that be done through future legislation? Many of us have witnessed the devastating effect of flooding on our communities, businesses, environment and farmland. What joint action with the devolved regions, including the Northern Ireland Executive, will take place to spearhead action and the recovery of our environment, and in turn enable economic growth and the well-being of all?

As the noble Baroness, Lady Hayman, referred to earlier, the Climate Change Committee produced its latest report only today for the attention of government, particularly on net zero, the economy and how we deal with climate change. I hope that there is in that report some food for thought for and assistance to our new Labour Government to help them address these issues. I welcome the actions outlined in the gracious Speech to deal with climate change, because the latest government analysis concludes that acting now to adapt to climate impacts could deliver significant amounts of money and up to £10 in net economic benefits for every £1 invested.

I welcome the emphasis in the gracious Speech on better management of our environment. It is worth noting that the Office for National Statistics estimates the financial and societal value of natural resources in the UK to be £1.8 trillion, and the Green Finance Institute has warned that the deterioration of the UK’s natural environment could lead to an estimated 6% to 12% loss to gross domestic product by the 2030s. Nature and the environment are vital to our economy, our health and well-being, and protection from extreme weather.

On a final point, I see that the territorial extent of the Great British Energy Bill applies to all of the UK. Northern Ireland and Ireland have a single electricity market, so how will this Bill fit into that electricity market, and what assurances can be given that it will not undermine the all-island electricity market in Ireland?

This gracious Speech contains the ingredients for successful conservation and development of our environment. Nature restoration, protection of our agricultural base and natural habitats, and the reduction in chemical pollution of our lands are all vital facets, and environment, health, well-being and economic growth are all interconnected. That is borne out by this Government, and I believe will lead to success for all our citizens.

Retained EU Law (Revocation and Reform) Bill

Baroness Ritchie of Downpatrick Excerpts

Report stage
Monday 15th May 2023 Lords Chamber

Now that there is no sunsetting at the end of the Bill, we do not have a time constraint on gaining consent, so I hope the Government will not say that this will impose a time limit, because it would be possible to have a very fast turnaround through Minister-to-Minister communication for an individual SI that affects devolved law. In summary, I hope that the Government will accept Amendment 75. I do not necessarily expect that they will accept Amendment 39, but if they do not do anything in this area, it threatens the whole constitutional arrangement of the UK as it now stands.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I speak to Amendments 41 and 46 in my name. These amendments would ensure that a substantial policy change in human rights, equality and environmental protection in Northern Ireland may not be effected by the exercise of delegated powers. Given the ongoing lack of a functioning Executive and sitting Assembly, this raises serious concerns about the implementation of the Bill in Northern Ireland, and the amendments in my name would add a helpful safeguard in these challenging circumstances. Therefore, to be brief, I ask the Minister to give careful consideration to, and accept, the amendments as a means of ensuring that the devolution settlement in Northern Ireland is protected and that issues of equality and human rights and environmental considerations are all protected, as required under the Good Friday agreement.

[Baroness Humphreys (LD)]

My Lords, I shall speak briefly to amendments in this group tabled by the noble and learned Lord, Lord Hope of Craighead, to which I have added my name, and I thank him for introducing the amendments so clearly and comprehensively.

I am grateful to the noble Lord the Minister—or perhaps to the noble Baroness, Lady Neville-Rolfe—for the concessions the Government have brought to Report. The Bill is in a better state than when we first debated it at Second Reading, and many of the House’s concerns have been addressed, but there remain some significant issues pertaining to the Bill on which I hope that the Minister will look favourably.

The amendments deal with obtaining the consent of the devolved legislatures to the making of regulations that fall within their devolved competence, and equivalence of powers for Ministers where the provisions of regulations again fall within the devolved competence of the legislatures. It is clear that these amendments do not seek additional powers for the devolved legislatures; they merely secure those powers that the legislatures already have—powers devolved to them by this Parliament but which the Bill ignores or chooses to overlook.

One of my main concerns about the Bill in its original form was that it usurped the powers of this Parliament and those of the devolved legislatures, and this view was echoed across the House. In Committee, I was heartened to hear strong and powerful speeches from those on Benches across the House in support of the devolved Administrations and legislatures, and I thank those who spoke for their support.

The noble Baroness, Lady McIntosh of Pickering, reflected my view when she said—and I hope my précis of her comments does her justice—that she might not necessarily support a political party in power in a devolved legislature, but that her focus and support was on the legislature itself. I think that reflects the view of many in this House, and certainly those on these Benches.

In his letter to us, the Minister said that he had listened to the House and, in fairness, he has—to an extent. I hope he is still in listening mode and, as I said earlier, will be able to look favourably on these amendments.

Finally, as this will be my last contribution in debates on the Bill, I express my gratitude to the noble and learned Lord, Lord Hope of Craighead, for the part he has played in its progress and improvement. His leadership, knowledge of constitutional and devolved matters, forensic legal analysis of the Bill, and tenacity have made a massive contribution and have led us to where we are today. We have an improved Bill, and it can be improved further by the Minister accepting the noble and learned Lord’s amendments. In the event of him wishing to press any of them to a vote, he will have the support of these Benches.

Climate Change Committee: Discussions

Baroness Ritchie of Downpatrick Excerpts

Thursday 27th April 2023 Lords Chamber

[Lord Callanan (Con)]

I refer the noble Baroness to the answer I gave to the noble Baroness, Lady Sheehan. We still have in this country a requirement for oil and gas. Some 80% of our space heating comes from gas. We need to phase that out in a transition. Over the years, we need to electrify more, but in the short term we have a requirement for oil and gas. The question is whether we want to get it from Qatar or Saudi Arabia and pay taxes abroad, or employ our own people in the North Sea to extract those same reserves?

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, the Dasgupta review commissioned by the Treasury warned against the continued use of subsidies towards fossil fuels because they are driving biodiversity loss. Before the Minister says that they do not subsidise them, there are tax breaks, investment allowances and decommissioning loopholes—all of which are subsidies. What can the Minister say today about dealing with biodiversity loss and ending those subsidies towards fossil fuels?

[Lord Callanan (Con)]

I am sorry to disappoint the noble Baroness but the Minister is going to say that we do not subsidise fossil fuels, because that is the case. In fact, the opposite is true. We gain billions of pounds per year in tax revenues from fossil fuels.

Retained EU Law (Revocation and Reform) Bill

Baroness Ritchie of Downpatrick Excerpts

Committee stage
Thursday 2nd March 2023 Lords Chamber

It requires very little imagination to see that this is an area of our law where we cannot afford mistakes. Rushed work, which we are faced with, is dangerous. It invites mistakes. I am afraid that the ideology which is the driving force behind this legislation does not seem to care about that. Getting rid of EU-derived legislation by the end of this year is its priority; it should not be, given the importance of these common frameworks. I suggest to the Committee that we cannot let the Government get away with that. That is the basis for these amendments.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, like the noble and learned Lord, Lord Hope of Craighead, I serve on the Common Frameworks Scrutiny Committee. We have met with a level of frustration about this Bill and the delay in some of those common frameworks coming forward. They are an important element of devolution and provide for that element of divergence.

I support Amendment 29. I have other amendments in my name and that of the noble Baroness, Lady Suttie, in this group but, in relation to Amendment 29 and the issue of sunsetting, could the Minister indicate how the Government will protect the new Windsor agreement, which underpins devolution in Northern Ireland, from 1 January 2024, given the revocation of retained EU law from that date?

The purpose of Amendment 147 and, in particular, Amendment 33 is to ensure that Northern Ireland is removed from inclusion in this Bill—in fact, Amendment 147 states that—due to the influence and impact of the Protocol on Ireland/Northern Ireland, because I believe that the Windsor agreement of this week is simply an implementation plan of the protocol with mitigations. In this regard, I refer to Article 2 as well as to environmental considerations. Amendment 33 would prevent the automatic revocation or sunsetting of EU-derived subordinate legislation and retained EU legislation that relates to human rights, equality and environmental protections as they affect Northern Ireland. This would include all such legislation that falls within the scope of Article 2 of the protocol.

I and the noble Baroness, Lady Suttie, have spoken to the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland, which are tasked with statutory oversight of the UK Government’s commitment under Article 2 of the Protocol on Ireland/Northern Ireland to ensure no diminution of certain equality and human rights protections in Northern Ireland as a result of Brexit. These equality and human rights protections relate back to the Good Friday agreement of 10 April 1998. Quite rightly—this is the purpose of these amendments—both commissions are concerned that this commitment has not been properly considered in the development of the Bill and that the proposed sunsetting of EU-derived subordinate legislation and retained direct EU legislation risks a breach of Article 2 unless all relevant legislation is identified and preserved by the set deadlines.

This pressure is exacerbated by the absence of an Executive in Northern Ireland at the moment. Could the Minister provide us with some detail about any work that has been ongoing in relation to that? Both commissions believe that the Bill should be amended to include a clause confirming that the provisions of the Bill are without prejudice to Section 7A of the European Union (Withdrawal) Act 2018. Amendment 142 in our names, which is in another group, refers to this. Both commissions have welcomed assurances by the UK Government of their commitment to Article 2 and their acknowledgment that the commitment is non-controversial. However, a number of concerns have been identified.

I have a couple of questions for the Minister. If cannot respond today, maybe he could come back to me in writing. Could he set out the steps that will be put in place to mitigate the risk of inadvertent failure on the part of the Government or devolved authorities to preserve or restate all relevant EU-derived subordinate legislation in Northern Ireland and retained EU legislation within the scope of Article 2, within the set deadlines in the Bill, in the absence of the Bill being amended to include measures that protect against this risk? Would the Minister also set out in detail—I would be grateful if he could do so in writing—what consideration was given to ensuring compliance with Article 2 in the development of the Bill, including in the identification of the specified legislation?

In relation to Amendment 142, there is a concern that the environment will not be properly protected. There is therefore a need for Northern Ireland to be removed from this. In an area of political instability, where the Executive and Assembly are currently not operating, we need full measures within the legislation to ensure that Northern Ireland is not covered and that it is removed in terms of the environment. Will the Minister specify the steps that he will take on behalf of the Government to do just that?

[Baroness McIntosh of Pickering (Con)]

My Lords, I will speak to Amendment 35 in my name. I thank Michael Clancy and everyone at the Law Society of Scotland for helping me prepare for this group of amendments and another group of amendments which will follow. A lot of what I will say echoes what has already been argued by the noble and learned Lord, Lord Hope, with much of which I was in agreement.

The effect of Amendment 35 is to ensure that the sunset provision in Clause 1 will not apply to any common framework. I pay tribute to the Common Frameworks Scrutiny Committee and the work it does, not just in relation to this Bill but on other matters as well. One of the most successful methods to manage intra-UK divergence has been the creation of common frameworks, which are defined in the United Kingdom Internal Market Act 2020 as a

“consensus between a Minister of the Crown and one or more devolved administrations as to how devolved or transferred matters previously governed by EU law are to be regulated after IP completion day.”

The Common Frameworks Scrutiny Committee, in its report entitled Common Frameworks: An Unfulfilled Opportunity?, noted that

“the UK Government considers how legislation it brings forward might conflict with relevant common frameworks, impede their successful operation, and affect the health of the Union.”

The Government responded to that conclusion in the report by saying:

“The Retained EU Law … Bill”—


the Bill before us today—

“insofar as it introduces the date for the sunsetting of retained EU law … will impact upon most if not all of the Common Frameworks. The UK Government has committed to the proper use of Common Frameworks and will not seek to make changes to REUL falling within them without following the ministerial-agreed process in each Framework.”

That statement is welcome, but it does not go far enough and it does not welcome the current state of play.

Noble lords may be aware that, last week, the Scottish Parliament voted to withhold its consent for the UK Government’s Retained EU Law (Revocation and Reform) Bill; it did so as a means of calling for the Bill to be withdrawn. Earlier, on 10 February, Angus Robertson, Cabinet Secretary for the Constitution, External Affairs and Culture, sent a letter to the incoming Secretary of State for Business and Trade setting out the concerns of the Scottish Government in this regard and noting that these concerns had been raised previously with the UK Government at the time that the Bill was before the House of Commons. The Government have had ample opportunity to listen to the concerns so eloquently expressed by the noble Baroness, Lady Humphreys, in relation to the Welsh Government, and those raised by the Culture Secretary in the Scottish Parliament, Angus Robertson, and have declined to act on those concerns.

I would like to give my noble friend the opportunity to comment on the amendments that the Scottish Government have set out, one of which closely echoes Amendment 27 which I moved on Tuesday this week. Their option one is to remove the sunset clause in Clause 1 from the Bill entirely. Their option two is to remove devolved areas from the sunset clause in Clause 1. Their option three is to keep the sunset but move it to a later date and enable Scottish Ministers to extend it. Their option four is to enable Scottish Ministers to extend the sunset date in Clause 1.

The UK Government cannot continue in this arbitrary fashion, overriding the wishes of two separate nations, having this week celebrated the very good news regarding the Northern Ireland protocol. This is an opportunity for my noble friend to make good the commitments in the common framework agreements, as echoed in the conclusions of the Common Frameworks Scrutiny Committee, and I urge him to choose one of the options. I argue that my Amendment 27 is the best, but one of these options must be agreed, otherwise we will simply not make any progress with this Bill.

Retained EU Law (Revocation and Reform) Bill

Baroness Ritchie of Downpatrick Excerpts

Committee stage
Thursday 2nd March 2023 Lords Chamber

Finally, although I have not signed them, I commend to the Committee Amendments 68, 69 and 69A, which have the virtue of addressing Clauses 4 and 5, as well as Clause 3. As I hope is apparent from what I have said, very similar principles apply in relation to those clauses. These are strong amendments but if we are to get to grips with the grave uncertainties prompted by this part of the Bill, amendments of this kind are the very minimum we will require.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, this has been a very interesting debate so far. I want to speak to Clause 3 standing part and Amendment 142, which is in my name and that of the noble Baroness, Lady Suttie. We are both of the firm view not only that the Bill should be withdrawn but, in particular, that it should be amended to remove Clause 3 or to retain Section 4 of the European Union (Withdrawal Act) 2018 to the extent that it preserves retained EU law which gives effect to human rights, equality and environmental protections in Northern Ireland, including all legislation that falls within the scope of protocol Article 2. The noble Baroness, Lady Ludford, has already referred to that point.

Why is that the case? Undoubtedly, Clause 3 removes an additional layer of protection for human rights and equality provisions in domestic law. For example, in research undertaken for the Northern Ireland Human Rights Commission, rights under the EU trafficking directive, which the commission has identified as falling within the scope of protocol Article 2, were identified as being safeguarded in UK law by Section 4 of the European Union (Withdrawal Act) 2018. The repeal of Section 4 of that Act would have no bearing on enduring obligations under protocol Article 2 but it would create a risk of confusion in this regard. I do not think your Lordships can afford to tolerate that fact.

A complex, inaccessible and confusing statute book could lead to an inadvertent breach of these obligations, particularly for organisations that have statutory duties conferred on them by the UK Government to look into Article 2 provisions as they relate back to the Good Friday agreement. Moreover, where there are measures that protect equality and human rights which were retained EU law by virtue of Section 4 of the 2018 Act and which are outside the scope of protocol Article 2, these safeguards will fall unless otherwise preserved, resulting in a loss of rights.

In this regard, I have three questions for the Minister. I ask him for an assurance—perhaps in writing—that the provisions of the Bill are without prejudice to Section 7A of the European Union (Withdrawal Act) 2018, in the absence of this clarification being included in the Bill; and that the UK Government or the devolved authority will, before the Bill takes effect, establish a comprehensive notification process for the law that is to be sunsetted, extended or preserved. In the case of Northern Ireland, we do not have institutions at the moment. What consideration was given by the Government to compliance with Article 2 of the protocol in the development of the Bill? It seems clear to me that one hand does not know what the other hand is doing according to legislation.

Amendment 142 seeks conformity with Section 7A of the EU withdrawal Act which gives domestic effect to the UK-EU withdrawal agreement. The Minister, when responding, needs to demonstrate to your Lordships’ Committee how the Bill will be in compliance with Article 2 of the protocol. Unfortunately, the Explanatory Memorandum does not show how this will happen.

The Minister also needs to demonstrate how the Government can seek consent from Northern Ireland with the lack of an Executive and Assembly. How will the process of reviewing, revoking, replacing or restating retained EU law by 2023—some nine and a half months down the road—be carried out in Northern Ireland? Those special considerations must be taken into account. Therefore, Clause 3 should not stand part of the Bill.

[Lord Hannay of Chiswick (CB)]

My Lords, I would like briefly to refer to this group of amendments, particularly to the aspects which seek to give the Government some flexibility as they go along this road. I am not wishing to address the cut-off dates, because that has been liberally described and debated already in earlier amendments, but the points that the noble Lord, Lord Whitty, made.

I am sorry to see that the noble Lord, Lord Callanan, is leaving the Chamber as I was about to address a question to him. I will address it to his colleague instead. I wanted to get on to the ground covered by the noble Lord, Lord Whitty. He talked about the possibility that some of the actions the Government wish to take will cut across our obligations under the trade and co-operation agreement or other international agreements and treaties, and will put the Government of the day in a very awkward and difficult position. Flexibility would give them a way of handling that.

I know that the author of this Bill wanted, like Ulysses, to stop his ears with wax and tie himself to the mast—the only difference being that he would not be on the boat when it hit the rocks. Other than that, that was what he was trying to do, and I do not think that is a sensible thing to do. Some flexibility, as suggested by some of these amendments, would be better. I say that because, until the events of Monday this week and the announcement of the Windsor Framework, one could imagine that the Government would have just said too bad, or words that are not repeatable in this Committee used by the former Prime Minister. However, I do not think that is the situation we are in now. We are in a situation where the Prime Minister and the Government have said that they wish to move in the direction of greater co-operation and flexibility, working with the EU. But here they are, stopping their ears with wax, tying themselves to the mast and making it very difficult to do that.

Here are my questions. It is no secret that the ambassadors of member states and of the Commission are deeply disturbed by this Bill. Anyone who has had any contact with them will know that. Could the Government say if they have received any representations about this Bill from any of the member states or the Commission? If so, what was the nature of those representations and what has their response been? I know the Minister does not much like being interrupted when he is winding up, so I hope he will answer that question because it will save me the trouble of interrupting him. His colleague, the noble Baroness, Lady Neville-Rolfe, will no doubt tell him what the question was. I would be grateful to hear the answer.