Trade Bill

Lord Collins of Highbury Excerpts

3rd reading & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords
Monday 18th January 2021 Lords Chamber

Moved by

[Lord Collins of Highbury]

1: Clause 8, page 8, line 23, leave out “in advance of such agreements being” and insert “are”
Member’s explanatory statement
This is to clarify the drafting of this provision.

[Lord Collins of Highbury (Lab)]

My Lords, on behalf of my noble friend Lord Grantchester, who has unfortunately been delayed on his way to the House, I beg to move Amendment 1. This is a technical amendment to correct an error that was made in the original drafting, and I understand that the Minister and the Government will not be opposing it.

[Lord Lansley (Con) [V]]

My Lords, I am pleased to have the opportunity to say just a few words about this amendment. Although it is technical, the intention is to provide clarity to that part of Clause 8 which sets out the procedure whereby the Government propose to implement an international trade agreement which has an impact on standards in domestic legislation relating to, for example, social, environmental or animal welfare standards. I completely understand that the intention of the noble Lord, Lord Grantchester, in tabling this amendment is to make it clear that the legislation relating to standards should complete its parliamentary processes, as the clause says, prior to the trade agreement being laid.

I am not really speaking about that aspect of it. Indeed, I draw attention to the fact that, notwithstanding Clause 8, Clause 7 has what I would regard—not least because I moved the relevant amendment at Report—as a better formulation, which requires the subordinate legislation, secondary instruments, to have been laid before the ratification of the trade agreement and for the primary legislation required for its implementation to have been passed before ratification. However, Clause 8, as clarified by this amendment, has the effect of meaning that the parliamentary procedure in relation to domestic legislation has to be completed before those texts are laid before Parliament. I think that is unnecessary and rather burdensome, and it would be better to rest on the text in Clause 7, which requires the legislation to have been passed prior to ratification.

The point I want to make is actually about impact assessments. If, in response to this short debate, the noble Lord, Lord Grantchester—who I see is, happily, now in his place—can explain why impact assessments should not be laid before Parliament prior to the completion of parliamentary processes relating to the implementation of domestic legislation, I would welcome that. That seems unnecessary—indeed, undesirable. It would be better were impact assessments formulated and laid before Parliament relating to domestic legislation which implements any change in standards in this country consequent to an agreement in an international trade context. For them not to be required by legislation to be laid before Parliament until the text of the trade agreement itself is laid seems unnecessary and undesirable.

I do not oppose the amendment, as it has the effect of making clear that subsection. However, what the subsection suggests, particularly for impact assessments, is undesirable. As it happens, as we dispatch the Bill to the other place, this clause rather duplicates what is set out in Clause 7. It would be better to retain Clause 7, rather than the formulation in this part of Clause 8.