Ministerial and other Maternity Allowances Bill

Baroness Ritchie of Downpatrick Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 22nd February 2021 Lords Chamber

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

My Lords, I thank the Minister for providing the background to this short piece of legislation, and I wish the Attorney-General well with her pregnancy leave and her confinement.

There has been striking unanimity during this debate, and at the end of a long list of speakers certain themes have emerged, such as language and whether it is better to use the word “person” or “woman”. In my view, it is women who give birth, so I favour the use of the word “woman”. But I want to be clear that I am not opposed to other gender-specific areas.

Other issues were raised, and it became evident that the Bill is seen to be narrow in focus and needs to be widened. Therefore, there is an opportunity for the Minister, when he comes back later this week, to bring forward amendments to widen the scope of this Bill.

Notwithstanding that, I support this Bill, because the Government are addressing the realities of wider society. Many people in senior responsible positions are women, and the Government are helping to ensure public life is being made more accessible. It is a fundamental right to take time off to have a baby, and it is important there is financial protection to celebrate motherhood.

I support the general thrust of the legislation as a first step towards addressing working conditions for women in Parliament. It does, however, miss an opportunity to address pay and working conditions for ordinary women who earn low incomes and are forced to work long hours in advance of pregnancy and, often, to return to work a short period of time after the birth, endangering their health and preventing a proper early bonding relationship with their child. That issue requires urgent attention. As my noble friend Lord Hain said, in Covid conditions such situations become that bit more acute. So I would like to hear from the Minister how he and the Government intend to address these issues for all working women who face motherhood.

Because Ministers and their opposition numbers are appointed, there is not security of tenure in the employment, and they should be financially protected, and theirs jobs secure, during their pregnancy leave. The provisions in the Bill mean that Ministers and those holding principal opposition offices will not have to resign, and they create a discretionary power for the Prime Minister and the leader of the Opposition in the relevant House to grant certain office holders six months’ maternity leave. But it is important that this is extended to women MPs and MPs on paternity leave, shared parental leave and adoption leave—to widen the scope and remit of provisions of this Bill. I look forward to the Minister addressing these issues.

Both the Minister and Penny Mordaunt, who introduced the Bill in the other place, said the Government would bring forward proposals to address outstanding parental leave issues. When will this happen? What will be the extent and remit of such proposals? Will they be subject to legislative provision? Reference has been made to the fact that discussions have taken place regarding this matter. With whom, and for how long, have they been going on? Do they involve the Lords? Do they include provisions for maternity leave entitlement or for those seeking to adopt or those on shared parental leave? Will the new provisions include the need for the Government to strengthen the employment rights of pregnant women and new parents across the UK? Will it also include redundancy protection for pregnant women and new mothers?

The noble Baroness, Lady Brinton, referred to bereavement leave. I think that is a particularly important issue, and maybe the Minister could advise us on that. There is also the need to focus on: the wholly inadequate levels of maternity allowance and statutory maternity pay; the lack of employment protection for women on maternity leave; and the low level of take-up of parental leave by fathers because many cannot afford to take it.

I am happy to support the provisions in this Bill, as far as it goes. But I believe the remit and the strength of this Bill will be in the Minister bringing forward government amendments to widen the scope of the Bill to ensure it covers a wider spectrum of women.

Financial Services Bill

Baroness Ritchie of Downpatrick Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Thursday 28th January 2021 Lords Chamber

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

My Lords, I take this opportunity to congratulate the two new Members of your Lordships’ House, the noble Lord, Lord Hammond of Runnymede, and the noble Baroness, Lady Shafik, on their excellent and thought-provoking maiden speeches.

Undoubtedly, the financial services sector is important to the City of London and to the UK. It is very much the engine that drives our economy. In the post-Brexit situation—I hasten to add that I did not favour or want Brexit—we need economic and financial stability and a strong means of financial regulation. That must be accompanied by consumer protection. I note that the Bill contains a new regulatory regime for investment firms, and thus provides the Financial Conduct Authority with additional powers to set rules for such firms, while also containing measures to make the FCA much more accountable.

One area I want to concentrate on—other noble Lords have referred to it this evening—is economic crime. We have all heard stories about individuals who have been fleeced by investment companies that were not properly registered, and therefore could not get the money they invested returned to them when problems occurred. Will the Minister and his colleagues bring forward amendments containing retrospective powers to help such individuals and ensure that such effective financial scams, otherwise known as economic crime, cannot happen in the future? I shall also refer to two other issues about protecting individuals, in relation to credit services and our environment.

I have been advised about some individuals in the UK who have invested money—pension funds—in Dolphin Trust, now known as the German Property Group. This organisation had its UK office in Hanover. It was an unregulated property investment scheme. Apparently, this company was supposed to use investors’ money to revamp derelict buildings in Germany into apartment blocks. Then, after several years, investors would receive their money back with a hefty interest rate. They were told to invest in this company and that it was safe to do so because their money was aligned to a certain property so they would not lose out. I have talked to one family who did this and they have lost everything. There are over 1,300 individuals, throughout the UK, owed in excess of £165 million. Problems emerged when they found out that the properties did not exist, and the company was not even registered.

Will the Minister indicate whether the new regulatory regime for investment firms will prevent such actions happening? I doubt that it will. Will the new legislation have retrospective powers to ensure that companies such as the German Property Group are held legally and financially accountable to their investors for the malfeasances that have occurred? What protections can be offered by the FCA under the new provisions in terms of capital levels, liquidity, risk management processes and governance arrangements?

Other areas addressed in the other place included the need to ensure that buy now, pay later credit services are brought into the scope of the Financial Conduct Authority to protect people from spending more than they can afford. Many people in this net take out further debt to repay the initial credit. What legislative consumer protection can be afforded to these individuals? Will the Minister bring forward amendments in your Lordships’ House to that effect?

I am of the firm belief that the Financial Conduct Authority should have regard to the UK’s target of reaching net zero greenhouse gas emissions by 2050, particularly in the year when the UK will chair COP 26. This would help to support the overarching goal of a green economy and financial sector. I note that the Minister in the other place stated that climate change is an issue to which the regulator should have regard. What, therefore, is the Government’s exact position and what is their timeframe for bringing forward legislative change in this regard? Will they do it now, through amendments? If not, I know that other noble Lords will do so, and I will support them.

EU-UK Trade and Cooperation Agreement

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Friday 8th January 2021 Lords Chamber

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

My Lords, I take this opportunity to look at the agreement as it intersects with the Northern Ireland/Ireland protocol. Undoubtedly, the agreement is very complicated and it will take a long time to work out the processes, but I say to the Minister that there have already been teething problems with food supplies from the large supermarkets in Britain to Northern Ireland and those processes need to be simplified. Apparently, there were problems last week caused by issues at the port of Dover.

There are four overriding concerns for Northern Ireland as they bear down on the TCA and the protocol, and I would like the Minister to address them in his wind-up. 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 for the agreement—for example, in the specialised committees 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 agreement and the common travel area? When the real impact of Brexit takes effect in Britain and the EU, how much care and flexibility will either of them be prepared to show the small but fragile region of Northern Ireland, on the periphery of both?

Finally, will the Minister have conversations with his colleagues in Defra about the fisheries? I know that fisheries were not dealt with in the legislation, so when will there be supplementary legislation, and will there be enhanced funding for the improvement of infrastructure to facilitate all the fish that the fishermen will be catching?

Taxation (Post-transition Period) Bill

Baroness Ritchie of Downpatrick Excerpts

2nd reading & Committee negatived & 3rd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Wednesday 16th December 2020 Lords Chamber

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

My Lords, it is a pleasure to follow the noble Baroness, Lady Pidding, and to welcome the noble Lord, Lord Sharpe of Epsom, who has just made his maiden speech. I look forward to working with him as he stated that he looked forward to working with all noble Lords around the House.

I thank the Minister for his explanation of the Bill, whose purpose is to implement various aspects of the Northern Ireland protocol relating to customs duties, VAT and excise. While welcoming the provisions of the Bill, I note that it would have been a different position if there had not been a resolution on the operation and implementation of the Northern Ireland protocol in the UK/EU Joint Committee negotiations last week. The protocol will not contain provisions to disapply provisions within the protocol; that agreement has been achieved in the Joint Committee on export declarations for goods moving from Northern Ireland to GB and the application of state aid under the protocol. Notwithstanding that, I have some questions for the Minister.

First, can the Minister provide assurances that this Bill is consistent with the Northern Ireland protocol in all aspects? It is important to remember why the Northern Ireland protocol is in place—it is to prevent a hard border on the island of Ireland between Northern Ireland and the Republic of Ireland. It is also meant to act in accordance with the principles of the Belfast/Good Friday agreement to build on the peace with political, economic and social stability and to continue to foster reconciliation on the island. It is vital, therefore, as it contains those necessary ingredients to enable that to happen.

I hope that there is a zero tariff trade deal and that that is achieved as quickly as quickly as possible. I implore both the UK and EU to arrive at a deal; I did not want to leave the EU but realise the need for a proper and adequate trade deal so that business can be conducted which will not undermine or hinder trade opportunities and provide goods to customers at affordable prices. Lest we be in any doubt, no deal will not be beneficial for the UK, Northern Ireland or the Republic of Ireland or in fact the wider European Union. I note that the Government, through the debate on the United Kingdom Internal Market Bill, have followed on from the agreement in the Northern Ireland protocol to ensure that qualifying Northern Ireland goods have unfettered access to the UK internal market. This is welcome because it provides assurances to businesses and consumers alike.

The protocol applies the EU’s regulations on traded goods, customs and VAT on goods to movements into and out of Northern Ireland. As I have already said, this is to ensure that there is no hard border across the island, to protect the integrity of the EU single market and the customs union, and to respect Northern Ireland’s position within the UK’s customs territory and the UK internal market.

The protocol sets out in depth the parts of the EU’s acquis on goods that are to be given effect to and provides that the protocol will have the characteristics of EU law in terms of precedence and direct effect. This ensures that the legal rules on traded goods, VAT on goods, and customs processes not only are the same in Northern Ireland as the Republic of Ireland but will be enforced in similar ways. Of course, the decision on the continued application of the protocol arrangements on traded goods in Northern Ireland will be for the Northern Ireland Assembly to take on a cross-community basis every four years. I have a query about that, because that is not the true application of that particular facility in the agreement itself.

This legislation, which is to be given its Second Reading today, will give effect to the necessary implementing arrangements on VAT and customs. I understand that associated delegated legislation will need to be put in place quite quickly. Therefore, could the Minister indicate the schedule, framework and content for that delegated legislation?

This legislation also has several consequences, and I have certain questions in that respect. Since it prescribes through provision for taxation and VAT measures, how will the Bill and the Government deal with anti-avoidance? How will that work in the agri-food sector in particular? On the one hand, the Trade and Agriculture Commission, which is to be put on a permanent basis for at least three years through the Trade Bill, will underpin food standards. How will the Government ensure that inferior food products do not come into Northern Ireland to take advantage of the protocol?

How will the legislation prevent organised crime? What work will be carried out with the Police Service of Northern Ireland, other police constabularies, the Gardaí in the Republic of Ireland, and Interpol to underpin those standards and prevent avoidance measures? What will be the role of the National Crime Agency? With HMRC, what are the established practices for identifying and targeting those involved in avoidance measures to ensure that it does not happen?

When will the infrastructure at the ports of Derry, Larne, Belfast and Warrenpoint be in a state of readiness and operation? Where will the officials be based? Where will the EU officials operate from? Will they work alongside officials from HMRC? Has the recruitment of customs agents taken place? When will they take up post at the ports?

Will the Minister ensure that more details are set out on how duties and tariffs might be rebated through regulations under the Bill? For the avoidance of doubt, could he confirm that fish landings at Northern Ireland ports will no longer be subject to tariffs under the Northern Ireland protocol?

I realise that there were several questions there that the Minister might be able to answer today. If he is not able to do so, I would appreciate answers in writing and a copy being placed in the Library of your Lordships’ House.

While welcome, this taxation Bill comes at the end of a long process that many of us felt deeply unhappy about. I hope that there will be full implementation of the Northern Ireland protocol and that the people of Northern Ireland and the island of Ireland, where I live and have worked for many years, will be able to benefit and that there will be an end to this long, very sorry saga.

UK-EU Withdrawal Agreement

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Thursday 10th December 2020 Lords Chamber

[Lord True (Con)]

My Lords, I will take advice on my noble friend’s suggestions of a six-month review. As my noble friend said, we have sought to secure agreement to a pragmatic approach not only on medicines but on other things in implementing the protocol, but it is particularly important in relation to medicines regulation. It will give industry the time and flexibility that it needs and ensure that medicines, including veterinary medicines, can continue to flow to Northern Ireland. Work is ongoing across government to prepare for the end of the transition period to which my noble friend referred, and we will publish further guidance for industry on moving medicines to Northern Ireland in the forthcoming period.

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

My Lords, first, perhaps I may press the Minister further on where these European officials will be accommodated to do their work at the ports. Secondly, could the trader assistance scheme be extended to independent retailers, many of whom are small supermarket owners? Can further assistance be provided to retailers in respect of the export declarations? Some six months down the road, that could cause major problems for them, to the point where they might be out of business.

[Lord True (Con)]

My Lords, I can certainly assure the noble Baroness on the question of smaller suppliers. I was trying to look it up quickly, but one has so little time; I think it is paragraph 33 of the protocol statement that refers to the fact that the Government will certainly not discriminate against smaller suppliers. So far as the office is concerned, I responded to that in my first answer. We have always been clear that it would not be acceptable for the EU to establish some kind of mini embassy in Northern Ireland, which is what some in the EU had suggested. The protocol provides for EU officials to be permitted to fulfil the roles allowed under the protocol. Of course, we will not bar the EU from renting office space or accommodation for its staff if it wishes—but there will be no EU flags flying above a brass-plated embassy entrance in Belfast.

Customs Safety and Security Procedures (EU Exit) Regulations 2020

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Thursday 10th December 2020 Grand Committee

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

My Lords, I thank the Minister for explaining these regulations. I note that they will introduce powers to allow a temporary waiver of the requirement for pre-departure declarations, or temporary modification of the time limit for their submission, by public notice. Obviously, some of this work would involve HMRC. I have some questions for the Minister. There have been some interesting expositions already by previous speakers.

The noble Lord, Lord Moynihan, who has just spoken, raised the issue of the equine industry. Coming from Northern Ireland, where the equine industry is quite important to our local economy, both in Northern Ireland and on the island of Ireland, I would not like to see any impediments put in the way of that industry. There are clear links between the equine industry in Ireland, north and south, and Britain, and vice versa, and it is important that the proper procedures are in place from 1 January to ensure that free movement. I also agree with the noble Lord, Lord Bradshaw, that there are certain issues here in relation to security: your Lordships’ House has to be assured that these regulations will ensure a complete diminution of criminal and paramilitary activity in terms of the transport of goods. I would like to ascertain from the Minister what advice he has received from HMRC and the various police constabularies throughout the UK on this issue.

The regulations state that they will still apply to the whole of the UK. How can this be when the Northern Ireland protocol applies to Northern Ireland customs and goods, where the union customs code applies, particularly now that we have a clear definition and an explanation of what has been approved in principle before it is finally approved by the joint committee? Will the instrument apply only to businesses and intermediaries exporting goods from GB to Northern Ireland? What administrative arrangements will need to be put in place to deal with this issue? I note that the Secretary of State for Northern Ireland announced earlier today quite substantial funding for businesses in Northern Ireland to deal with all the extraneous issues that will emerge from the implementation of the Northern Ireland protocol. I also note that the Minister referred in his speech to Northern Ireland-GB issues.

The Minister referred to the Secondary Legislation Scrutiny Committee. Its 36th report stated that

“it is not clear whether suspending pre-departure safety and security requirements on exports could lead to any adverse impacts.”

Will the Minister advise us of the exact position? The committee also noted that

“while this instrument enables HMRC to waive temporarily the requirement for pre-departure declarations for goods leaving GB, any use of this power would not help with potential disruption caused by the need for declarations for the same goods entering the EU.”

What is the Minister’s view of this statement? Will a solution be in place at the end of the transition period?

Finally, will the Minister say what arrangements are in place to publicise the use of these new powers? What will be the frequency of reports to both Houses of Parliament on the use and application of these new powers? What explanatory documents will be published online?

Spending Review 2020

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Thursday 3rd December 2020 Grand Committee

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

My Lords, like many noble Lords who have spoken before me today, I want to refer to the cut in the overseas aid budget from 0.7% to 0.5% of GNI, which the Chancellor asserted was “temporary”. How long is “temporary”? When will temporary become permanent? Is this cut due to rising costs as a result of the Covid pandemic, or Brexit, or a combination of both?

What makes this decision to cut international aid egregious is that the Government have backtracked on one of their manifesto commitments—an objective supported by all living past Prime Ministers—at a time when Covid is ravaging and deepening poverty in some of the world’s poorest regions. Earlier this year, we witnessed the merger of DfID with the Foreign Office, which signalled the downgrading of our overseas aid commitment. Way back in June, I stated that DfID had delivered humanitarian assistance and helped to transform lives by reducing poverty. Scrapping DfID risks jeopardising the global Covid response and the UK turning its back on the world’s poorest people. It also risks the Government being unable to make a real, meaningful contribution in responding to the greatest challenges of our time, such as climate change, when the UK is expected to chair the Climate Change Conference—COP 26—next year and is also supposed to chair the G7. Both are important organisations and meetings, dealing with commitments to foreign and overseas aid. It is time that that was reviewed.

I hope that the Minister can indicate when “temporary” will change and we will see an increase back to 0.7% of GNI.

Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020

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Monday 30th November 2020 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl)]

My Lords, I thank the Minister for the explanation of these stage one, stop-gap regulations. From my perspective, I support unfettered access for businesses from Northern Ireland to Britain. I also do not want any borders, whether in the Irish Sea or in the island of Ireland, because they would act as impediments to business and the free flow of people and would have—shall we say?—the capacity to undermine our very delicate political relationships and infrastructure. We must be careful about that.

I see the regulations in the context of a Brexit I did not want to happen, but it is here. It creates barriers and impediments to political, economic and social development at a time when businesses are having to deal with the difficulties and challenges presented by Covid. They need assistance and a streamlined system that does not involve any extra costs or burdens, either administrative or financial, when they are transporting goods to Britain, either via Northern Ireland ports or from ports in the Republic of Ireland. Like the noble Lord, Lord Dodds, I would like the situation of Northern Ireland products and produce imported or exported to Britain via ports in the Republic of Ireland to be clarified.

Notwithstanding all that, there are several questions I would like to ask the Minister about the complexity of these regulations. The Minister and the Explanatory Memorandum indicate that further legislation will be produced in this area and that this is simply a temporary, stop-gap measure. He referred to the regulations, which will last about six months, as avoiding disruption. What will be the nature of the new regulations and when are they likely to be brought to the House for discussion and affirmation? There are suggestions that this legislation is a bridge to a longer-lasting regime— something that the Secretary of State said in the other place. What is that longer-lasting regime? What will be the content, nature and scope of that legislation?

Suggestions have also been made that work is ongoing with the devolved Administrations—I think the Minister referred to that. What is the nature of that work? What discussions have taken place with the Northern Ireland Executive and specific Ministers dealing with economy, finance and the First and Deputy First Ministers? Has the Minister for Infrastructure been involved in such discussions, as having responsibility for transportation? If so, what was the outcome of those discussions, or have they mainly been at official level? Is the Northern Ireland Executive expected to bring forward subsequent legislation in relation to this issue?

I come to the thorny issue of agri-foods, already mentioned by the noble Lords, Lord Hain and Lord Dodds. How will standards of agri-food products emanating from Northern Ireland be dealt with, as they will still have to comply with EU standards? Will there be costs and administrative burdens involved? If they are unfettered, surely there should be no costs.

I come to the issue of processing, the matter raised by the noble Lord, Lord Hain. What are Northern Ireland processed goods? Can the Minister provide us with a definition? The dairy industry is largely all-island in Ireland. If milk is produced in the Republic of Ireland and processed in Northern Ireland for cheese and other dairy products, does the definition of qualifying Northern Ireland goods apply to such products, in the light of the protocol and agri-food requirements? In fact, the dairy industry is largely owned by companies based and headquartered in the Republic of Ireland.

Penny Mordaunt said in the other place that these regulations were

“no more than a stopgap to a longer lasting regime”—[Official Report, Commons, Delegated Legislation Committee, 10/11/20; col. 7.]

which would be accompanied by further anti-avoidance measures that would be introduced in a timely manner. What is the nature of those anti-avoidance measures? Will they deal with the issues of competition and tax?

Like the noble Lord, Lord Dodds, I would like to know what the role of HMRC is in such transactions. Can the Minister provide an update on the UK-EU discussions that are seeking to find solutions to or flexibilities over the types of goods that can come into Northern Ireland from Britain for supermarkets? I appreciate that that is not in the remit of these regulations but the Minister will recall that this matter bedevils suppliers in Northern Ireland, particularly supermarkets. Perhaps this issue would be better dealt with at the supermarket level rather than by the JMC, but it would be good to have an update because the agri-food industry and our general retail businesses require certainty and it is only a few weeks until the end of the transition period.

Great Britain and Northern Ireland: Access for Goods

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Thursday 12th November 2020 Lords Chamber

Asked by

[Baroness Ritchie of Downpatrick]

To ask Her Majesty’s Government what assessment they have made of negotiations with the European Union in relation to ensuring unfettered access for goods between Great Britain and Northern Ireland.

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, we have been unequivocal in our commitment to unfettered access for Northern Ireland goods moving to the rest of the UK market. We are delivering on that commitment in full, including through the draft statutory instrument we have laid to guarantee it from 1 January and the protections we wish to provide in the United Kingdom Internal Market Bill, which, regrettably, your Lordships opposed.

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

My Lords, supermarket chains and other business consortia in Northern Ireland are deeply concerned that goods supply lines will be cut off to them from 1 January 2021. Will the Minister, along with ministerial colleagues, and working with EU negotiators, ensure that flexibilities are built into food supply lines so that Northern Ireland businesses and consumers can continue to enjoy a wide range of choice and affordability with respect to all food products?

[Lord True (Con)]

The noble Baroness makes an important point. The UK Government recognise, of course, the unique position of authorised traders, such as supermarkets, with stable supply chains and comprehensive oversight of warehousing and distribution, moving pre-packaged products for retail solely in Northern Ireland. We are continuing to pursue specific solutions for this trade.

Covid-19: Economy Update

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Tuesday 27th October 2020 Lords Chamber

[Lord Agnew of Oulton (Con)]

I respect my noble friend’s passion for this area and I agree that it is an extremely important part of our society, as I said earlier. We have put forward a cultural recovery fund of some £1.5 billion, and of course we will continue to look carefully at what more can be done to support those who are falling through the net. I just remind my noble friend that our overall employment support scheme has been one of the most generous in Europe, but the group that he refers to is extremely difficult to get to easily.

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

My Lords, what discussions have taken place with ministerial colleagues in the DWP regarding the need to extend the minimum income floor of universal credit beyond 13 November for self-employed people during the Covid outbreak?

[Lord Agnew of Oulton (Con)]

My Lords, I am aware that those discussions are ongoing but I do not have the figures to hand, so I will write to the noble Baroness about the latest thinking on that.