Retained EU Law (Revocation and Reform) Bill

Debate between Lord Callanan and Baroness Crawley

Committee stage
Thursday 2nd March 2023 Lords Chamber

[Baroness Crawley (Lab)]

My Lords, very briefly, I support this group of important amendments. In particular, I support Amendment 43 in the names of my noble friend Lady Chapman of Darlington and the noble Lord, Lord Fox. Through it, only legislation identified and approved by Parliament could be revoked, and that is the responsible, democratic and considered way to proceed.

Amendment 43 would put responsibility for a timetable of revocation back with Parliament, so that the Government cannot claim that it is an open-ended approach. It also begins to answer the very important questions around the complete lack of executive accountability raised by our Delegated Powers and Regulatory Reform Committee and Secondary Legislation Scrutiny Committee. So many sectors and people are affected by the Bill and do not want Parliament to be taken for granted, as the noble Lord, Lord Hodgson of Astley Abbotts, put it.

I will concentrate for half a minute on consumer protection. As the vice-president of the Chartered Trading Standards Institute, I will reflect some of the fears raised with me over the past weeks and months.

[Lord Callanan (Con)]

My Lords—

[Baroness Crawley (Lab)]

The Minister is heckling me from a sedentary position.

--- Later in debate ---

[Lord Callanan (Con)]

We discussed consumer protections in an earlier group. The noble Baroness may have made the same points then. I do not see the point of repeating the same arguments yet again. If she has some points to make on the amendments we are discussing today, perhaps she would like to make them.

[Baroness Crawley (Lab)]

The Minister has not heard what points I make; I do not know how he can say I am making the same points. The Bill affects sectors right across the UK—people, businesses, trade unions and consumers—and that is why I am raising this. I think the Minister should not have intervened. It is Committee and I have every right to make a minute’s worth of comment.

Retained EU Law (Revocation and Reform) Bill

Debate between Lord Callanan and Baroness Crawley

Committee stage
Thursday 23rd February 2023 Lords Chamber

[Baroness Crawley (Lab)]

My Lords, I shall speak to Amendment 145 in the name of the noble Earl, Lord Lindsay. This amendment, to which my name has been added, has the backing of the Safeguarding Our Standards consumer protection campaign and continues the theme of other exclusion or carve-out amendments in this group, in that it would ensure that the Bill will not apply to any regulations relevant to the Government’s forthcoming digital markets, competition and consumer Bill. Many believe that this DMCC Bill represents the most significant reform of UK competition and consumer protection law in years.

The noble Earl, Lord Lindsay, who cannot be here today, and I work closely together with the Chartered Trading Standards Institute, of which he is president and I am a former president. We thank both CTSI and Which? for their support and advice on this amendment. In the Autumn Statement, the Government committed to bringing forward the DMCC Bill in this Session of Parliament, and it would be good to know from the Minister when that Bill will be published—it is supposed to be imminent. It will provide important reforms to competition and consumer protection law, including providing the Competition and Markets Authority with significant new powers to promote and tackle anti-competition practices and, indeed, updating retained EU law, such as the Consumer Protection from Unfair Trading Regulations 2008, with measures to combat fake reviews and subscription traps. It is likely that businesses around the country will be reviewing their current approach to sales and marketing, given the expected new powers the CMA will impose as far as fines are concerned in relation to consumer law breaches through that Bill.

However, there is a very serious risk that the REUL Bill in front of us today will cut across what the Government are trying to achieve through the digital markets, competition and consumer Bill. That is why we believe that regulations that are in scope of the digital markets, competition and consumer Bill should be excluded from the retained EU law Bill. There is already a precedent for this, as the Financial Services and Markets Bill currently going through Parliament, which has already been talked about today, is excluded from the scope of the retained EU law Bill to avoid the risk of the two different pieces of legislation contradicting one another. We have not yet had a proper answer as to why this precedent is still there. The organisation Which? is, however, on record as arguing that the relevant clauses and schedule in the FSM Bill need to be improved to ensure that decisions about any remaining financial services retained EU law are accompanied by effective consultation as well as parliamentary and stakeholder scrutiny.

I urge the Minister to look carefully at this amendment in light of the need for robust competition and consumer law going forward in a very difficult economic time for many people and businesses.

[Lord Callanan (Con)]

My Lords, this debate has demonstrated what we already knew: there is retained EU law across all sectors of the economy, some of which is out of date and unfit for purpose. The Government have taken a sensible approach by requiring that this retained EU law is reviewed and updated equally and in the same timeframe. This makes sure that no specific policy areas get left behind. We have had essentially the same debate on all groups—with Opposition Members highlighting certain areas and saying, “This is very important”, and of course we agree with them, then asking for specific carve-outs, which is impossible until we have done the work reviewing it.

We reject Amendment 6. We think it is unnecessary and ask that it be withdrawn. The amendment would see legislation on artists’ resale rights excluded from the sunset provision. However, the UK Government have already committed to ensure that the necessary legislation to uphold the UK’s international obligations after the sunset date will remain in place. This can also be accommodated using the broader powers contained in the Bill. Again, we contend that there is no need for any carve-outs for specific policy areas.

Similarly, I disagree with the noble Lord’s additional Amendments 13 to 15, which would put various copyright computer programs and database regulations outside the scope of the sunset. The Government believe that an effective and efficient intellectual property system—

Competition and Markets Authority

Debate between Lord Callanan and Baroness Crawley

Thursday 25th June 2020 Lords Chamber

[Lord Callanan]

The regulation of digital e-commerce is extremely important. As I have said, the CMA has set up the digital markets taskforce to study these matters, but they are complicated. This country has one of the best competitive markets in the world and digital markets are an increasingly important part of that. We will look at what further measures need to be taken.

[Baroness Crawley (Lab) [V]]

My Lords, given the unprecedented pressures on consumers from both Covid-19 and the prospect of leaving EU markets at the end of the transition period, will the Government prioritise the CMA’s reforms as set out under its very effective chair, the noble Lord, Lord Tyrie? When will a date be announced for a new competition and consumer protection Bill, as suggested by my noble friend Lord Berkeley?

[Lord Callanan]

I will correct the noble Baroness: we will not leave EU markets at the end of the transition period. We seek in the negotiations to ensure continued access to those markets and for EU companies to have access to UK markets. That is the whole point of the negotiation. We keep all these matters under constant review. We will build on the powers of the CMA if that is required for what consumers need.

Brexit Readiness and Operation Yellowhammer

Debate between Lord Callanan and Baroness Crawley

Wednesday 25th September 2019 Lords Chamber

[Lord Callanan]

Unsurprisingly, no I would not agree. We can have different standards. A lot of the EU standards are irrational—the noble Baroness mentioned in passing its irrational opposition to genetically modified crops. We have some excellent research institutes in this country, and the opportunity to have safer, healthier crops with the use of fewer pesticides is one that we may wish to take up ourselves. The point is that we would be able to decide these matters for ourselves, and the same could apply in the other areas that she mentions. So no, I would not agree with her characterisation.

[Baroness Crawley (Lab)]

My Lords, I thank the Minister for repeating the Statement and apologise for missing the first couple of minutes of it. In the penultimate paragraph of the Statement, the Chancellor of the Duchy of Lancaster states:

“There is the opportunity to secure new trade deals and to become a strong voice for freer trade at the WTO”.


These are all the opportunities of no deal. How does that fit with a letter that many of us have received today from the British Egg Industry Council? It states that under WTO rules animal welfare cannot be used as a barrier to trade and that imported eggs produced to a much lower standard than British eggs present a significant risk to public health. It goes on to talk about salmonella and a nasty thing called fipronil, a toxic insecticide banned in the EU that can be destined for human consumption. Surely this should not be called Operation Yellowhammer but Operation Seagull, because our healthy food is going to be stolen from us and we will—how can I put it?—be pooed on from a great height.

[Lord Callanan]

I think the noble Baroness has had too much sun during her vacation. I think I am correct in saying that we already have higher caged bird standards—we certainly used to—than most other EU member states and higher animal welfare standards. It is EU legislation that permits the export of live animals, for instance. We have an excellent record of animal protection and welfare in this country, and that is something that we will want to continue.

European Union (Withdrawal) Bill

Debate between Lord Callanan and Baroness Crawley

Wednesday 7th March 2018 Lords Chamber

[Lord Callanan]

This is a matter for the negotiations but it is certainly one of the factors we are considering. We will seek to ensure that our future approach is at least as ambitious as the current arrangements. Furthermore, we have set ambitious emissions reduction targets framed by the Climate Change Act 2008; leaving the EU does not change that.

As I have said, the purpose of the Bill is to ensure continuity and clarity in our laws without prejudice to the ongoing negotiations with the EU. I do not believe this amendment would help to achieve that, and I hope noble Lords will not press it.

I shall say a word on Amendment 260, also tabled by the noble Lord, Lord Adonis, which seeks to restrict the use of the Clause 17 power to weaken environmental protection. I reassure the noble Lord of the Government’s commitment to maintaining our strong environmental protection as we leave the EU. As such, it is essential that we ensure that the legislation which protects the environment remains coherent and tidy, so that it continues to function effectively after our exit.

While the noble Lord’s amendment is well intentioned, we cannot accept it. This is because it would restrict the Government’s ability to ensure that the consequences of the Bill—most notably the repeal of the ECA—were reflected throughout the statute book. It would also restrict the Government’s ability to bring to an end tidily the law and procedures that the Bill repeals. This is a vital part of providing businesses and individuals with the continuity and clarity needed for when the UK leaves the EU.

I want to make clear that these powers may be used only in consequence of, or in connection with, the coming into force of a provision of the Bill itself, not our withdrawal from the EU. Any changes made to environmental legislation to deal with the consequences of provisions of the Bill will be purely to ensure that the changes caused by this Bill are properly reflected in the statute book. To continue to work effectively and appropriately, the statute book must be tidy. It would not be proper, for example, that once the Act has been repealed, there are still references to the ECA lingering in a ghostly way across the statute book. This does not include adjusting important environmental legislation where—although I cannot imagine how this would diminish environmental protection—there must be no uncertainty as to whether the Government can make these statutes clear and up to date, ensuring their effectiveness by reflecting the consequences of this Act.

Case law and an array of legal authorities provide a very narrow scope for Governments to exercise powers of this type. As such, they cannot be used to make bigger, more substantive changes to equalities, human rights or environmental legislation; if needed, these will likely arise from our withdrawal from the EU and not from the effects of this Bill. They would therefore be made using the Clause 7(1) power where there is a deficiency arising from withdrawal. In this way, both minor technical amendments and more substantial amendments will be subject to appropriate scrutiny procedures. I hope the noble Lord is satisfied that the Government remain committed to maintaining environmental protections throughout the process of leaving the EU, and that this will enable him not to press this amendment.

I turn to Amendment 317, tabled by the noble Lord, Lord Wigley, which proposes a new clause in relation to common frameworks for environmental protection. As noble Lords will agree, protection of the environment is a key concern and I am grateful to him for raising this important issue. Common approaches are being considered in a number of areas, which will help to provide the necessary environmental protections. While the UK Government and the devolved Administrations sometimes make different choices on implementation of some policies, these common rules provide significant benefits, such as making it simple for businesses from different parts of the UK to trade with each other and enabling us to meet our international obligations and, therefore, protect our common resources. This is pertinent to the environmental commitments and protections that he rightly raised.

The proposed new clause would require the Government to publish consultation proposals for the replacement of European frameworks with UK ones. It is not the position of the UK Government, nor of the devolved Administrations, that the existing EU frameworks will be replaced by our own common frameworks in every instance. Noble Lords will be aware that the Government have been working closely with the devolved Administrations to determine where future frameworks—legislative or non-legislative—will be required when the UK leaves the EU. We are making good progress in constructive discussions, which continue to be guided by the principles agreed at the Joint Ministerial Committee on European negotiations in October 2017.

We hope, of course, to make further significant progress over the coming weeks and months. However, I recognise the importance that this is not just a conversation between Governments. The increased scrutiny and input of Parliament, the devolved legislatures and wider stakeholders are therefore welcomed as discussions on these issues move into a greater level of detail. As we move forward, this wider engagement will include stakeholders interested in the environmental issues that the noble Lord has raised. I therefore hope my reassurances will enable him not to press his amendment.

Finally, I turn to Amendment 67A, tabled by the noble Baroness, Lady Miller. I agree that it is vital to continue to support our fantastic farmers and growers as we leave the EU. The Government are determined to grow more, sell more and export more of our great British food and drink. Indeed, such exports reached a record level of £22 billion in 2017. On 27 February, the Government launched a formal public consultation, inviting views on a range of possible paths to a brighter future for farming. Health and Harmony: The Future of Food, Farming and the Environment in a Green Brexit describes how, in future, money can be redirected from direct payments under the common agricultural policy—which are purely based on the amount of land farmed—to a new, more appropriate system of paying farmers public money for public goods such as, principally, their work to enhance the environment and invest in sustainable food production. Other public goods which could be supported include investments in technology and in skills to improve productivity.

The consultation seeks views on the huge opportunities that exist for UK agriculture to improve its competitiveness: developing the next generation of food and farming technology, adopting the latest agronomic techniques, reducing the impact of pests and diseases, investing in skills and equipment and collaborating with other farmers and processors. It also discusses the introduction of an agriculture Bill that breaks from the common agricultural policy, providing the UK with the ability to set out a domestic policy that will stand the test of time. This could provide legislative powers, including measures to create new schemes to promote and increase agricultural productivity and resilience.

The Government are vigorously pursuing the measures needed to create a strong, profitable and sustainable future for food producers in this country. Our plans will be strongly influenced by information and evidence from the very many stakeholders in the industry. I hope my reassurances will enable the noble Baroness not to press her amendment.

[Baroness Crawley (Lab)]

We understand that consultation has yet to start on this new watchdog—that is, on the type of watchdog that we want in the future. However, perhaps the Minister would give us a clue as to what the Government would like to see as far as powers for this watchdog are concerned. For example, would they like the new watchdog to have the same sanctioning powers on Governments that the European Commission has at the moment, to which my noble friend Lord Rooker referred?

[Lord Callanan]

I thank the noble Baroness for her interest in this. I am sure she will understand that I cannot go any further at the moment. We hope to launch the paper shortly, but all these matters—what powers it will have, et cetera—will be a matter for the consultation.