(3 years, 5 months ago)
Lords ChamberI call the noble Lord, Lord McColl of Dulwich. No? I think we will go on to the next supplementary question. I call the noble Lord, Lord Curry of Kirkharle.
Can the Minister confirm that, as stated in their response to the Climate Change Committee recommendations, government policy that flows from the Agriculture Act and the Environment Bill that impacts on agriculture will take a holistic approach and take into account the significant benefits that agriculture does and will deliver, such as carbon sequestration in soils, crops and plants?
I agree with the noble Lord on the important contribution that agriculture makes and will need to make in the fight against climate change. Defra is looking at ways to reduce agricultural emissions and is progressing its environmental and land management schemes. It is also looking at other options to reduce agricultural emissions, including some very innovative solutions on the use of, for instance, methane-inhibiting food additives.
(3 years, 5 months ago)
Lords ChamberMy noble friend is quite right: Australian animal welfare standards are in fact higher than those in many other countries around the world, and in some cases higher than those in the EU. My noble friend has given one example. Others include the practice of castrating chickens and the production of foie gras, which are banned in Australia on welfare grounds, as they are in the UK; however, they continue to be permitted in the EU. Australia is marked five out of five—the highest possible mark—in the World Organisation for Animal Health performance survey.
My Lords, I welcome the opportunity to debate this FTA. Let me say something nice: I congratulate the Government on having negotiated this deal very speedily. Incidentally, I want this and other FTAs that will follow to succeed. I have two questions for the Minister. When the TAC, the Trade and Agriculture Commission, is eventually established and able to scrutinise the agreement, and when Parliament has a chance to debate it, will it be possible to amend the agreement if genuine concerns exist, or is it a fait accompli? Secondly, do this agreement and others that will follow put our free trade agreement with the European Union at risk?
My Lords, I think the House is well aware of the scrutiny processes that these agreements go through. The process culminates in the CRaG process, in which the other place has the ability to vote against these agreements, so there will be scrutiny there. That provides a real bulwark. I do not know the answer to the question about the European Union, and if I may I will write to the noble Lord about that.
(3 years, 11 months ago)
Lords ChamberMy Lords, as stated on Report, the Government bring forward these amendments in the light of the passage of the European Union (Future Relationship) Act 2020. These amendments will revise the paragraph numbering in Schedule 3 to accord with the amendments made to the respective devolution Acts by the aforementioned Act. Schedule 3 relates to exceptions to restrictions in the devolution settlements. Although these amendments amend Schedule 3, I assure noble Lords that they are minor and technical and will not make any substantive policy changes to the Bill. I beg to move.
My Lords, my interests are as listed on the register. I will be brief; I fully endorse all the amendments proposed in this group.
I have a few comments on the proposed trade and agriculture commission but, first, on behalf of my friends on the Cross Benches, I thank the Minister for being so helpful and considerate throughout the passage of this Bill. His patience and willingness to engage have been very much appreciated, particularly when the sense of time pressure has been apparent. Obviously, the constraints of the pandemic have imposed on the parliamentary process, and coupled with the need to speedily expedite so many Bills to meet the timetable determined by leaving the European Union, this has placed enormous pressure on the system—not only on Ministers but on the myriad of staff teams that have of necessity been required to support this demanding timetable. I thank all for their valuable support, which has been incredibly important and is very much appreciated.
I thank the Government again for recognising the need for the trade and agriculture commission, and for deciding to give it statutory footing through the Bill. This is a hugely important step forward and is valued by all key stakeholders. I have a very straightforward request for clarity from the Minister, and I apologise for raising this again. It is on the relationship between the TAC and the food standards agencies. I am deliberately using the plural because of the separate functions that exist within the United Kingdom, and these amendments today are addressing issues relating to the United Kingdom. Removing human health from the remit of the TAC—because, one assumes, the food standards agencies will undertake that responsibility—raises the question of how this will work in practice when a new trade deal is being scrutinised by all these bodies, and how this will be reported to Parliament. Will there be a number of separate reports, will the individual bodies and agencies collaborate and produce a joint report, or will the Secretary of State filter the various reports before submitting to Parliament?
I know that the Minister tried to respond to these issues on Report, so I apologise that I am probably stretching his patience to the limit, but I am still rather confused and would appreciate it if he could please explain it again so that I have clarity. I end by thanking all staff once again for their immensely valuable help with this most important Bill.
My Lords, I declare my interests, notably as chair of the UK-ASEAN Business Council, and of Crown Agents. I congratulate the Minister and my noble friend Lord Younger on getting this important Bill to this stage after such an extended passage. I endorse the comments of the noble Lord, Lord Curry of Kirkharle, about the support provided by the Ministers and their professional and helpful team.
Britain has a great trading history and we must enter the new era with confidence, backed by our strengthened Department for International Trade and the new Foreign, Commonwealth and Development Office. I spell them out for good reason: there is potential in goods, services and digital.
My noble friend will recall that there were some uncertainties on Report, and that in summing up and withdrawing his amendment, the noble Lord, Lord Stevenson of Balmacara, said that he or I might come back at Third Reading. This seems the right place to ask my questions, since the operation of powers in the devolved nations was under discussion. That has been clarified in these government amendments, to which I do not object, despite the earlier reservations I had expressed. I have given advance notice in the hope that the Minister can reassure me.
The clauses on trade information enable HMRC to collect information about UK exporters. It has been made clear all along that compliance with the request would be entirely voluntary. On Report, my noble friend the Minister said that the practical implementation of this would be a “tick box” on the tax returns—presumably, both corporate and personal. However, he gave no indication of the sorts of questions that would be asked; can he kindly do so today? I appreciate that this will be in regulations in accordance with what was Clause 7(4), but we need an idea of what information will be sought. For example, will it be the name of the trader, and which country or countries they exported to in the tax year in question? Will they need to provide a breakdown of customs headings?
(3 years, 11 months ago)
Lords ChamberMy Lords, I expect that the noble Baroness, Lady Jones of Moulsecoomb, knows what I am about to say about her Amendment 20, which is yet another attempt to hardwire the maintenance of UK standards into statute.
Time and time again the Government have said that they have no intention of lowering standards. The noble Baroness has usually replied that she does not trust the Government. I hope she will accept that amendments to legislation are not customarily made in your Lordships’ House in order to confirm what is already government policy, especially when it has been repeated at the Dispatch Box numerous times.
I can levy the same criticism at Amendment 22, in the name of the noble Lord, Lord Grantchester, and others, but my main reason for putting my name down to speak on this group is because I think that Amendment 22 is quite extraordinary. There are certainly examples of codes of practice required by statute, and some also require approval by Parliament, but as far as I am aware, there is no precedent for an Act requiring one Minister to set out how that Minister or any other Minister must behave. The codes of practice that exist are usually intended to complement often complex legislation to guide those who need to implement it. I believe that they have never been used as instructions to Ministers on what to do, and I do not believe that we should start to do that now.
I also remind noble Lords that the negotiation of international treaties is firmly within the royal prerogative. I believe that Amendment 22 would fetter the royal prerogative, and apart from anything else it should not be pursued on those grounds
The Government have said that they will maintain standards, but Amendment 22 just tries to tie Ministers up in knots. We should just let them get on with their jobs. I hope that noble Lords will not support these amendments if the noble Baroness, Lady Bakewell of Hardington Mandeville, or the noble Lord, Lord Grantchester, choose to press them.
My Lords, my interests are as listed in the register. It is a privilege to follow the noble Baroness, Lady Noakes, who is extremely well informed. I speak to Amendment 22 in the name of the noble Lord, Lord Grantchester, and supported by the noble Lord, Lord Purvis of Tweed, and my noble friend Lady Boycott.
I will be brief and reserve most of my comments on the proposed trade and agriculture commission when we debate amendments in the group beginning with Amendment 26. However, I have a straightforward request for clarity, which is linked to this grouping of amendments. How do the Government plan to respond to the report that will be delivered by the existing Trade and Agriculture Commission within the next couple of months, when I assume it will report? We look forward to the conclusion of the crucially important task that the TAC was commissioned to undertake by the Secretary of State. It may well recommend a code of practice, as proposed in the amendment, and will certainly make recommendations that should influence the way we conduct future trade deals.
We must assume that the Trade Bill will have become law before the current TAC reports, so I am concerned that we will not be able to take its recommendations into account. I am interested in what the Minister has to say about how the Government will respond to the TAC’s recommendations retrospectively, having passed the Trade Bill before it delivers the report.
My Lords, I declare my environmental interests in the register and my interest as chairman of the Royal Veterinary College.
I support Amendment 22 in the name of my noble friend Lord Grantchester and other noble Lords across the House. I absolutely agree that there should be parliamentary scrutiny of a code for ensuring standards and of any variation of standards in these highly important areas. My primary areas of interest and expertise are in the environment and animal welfare.
I am sure that the Government may say that provisions such as those in subsection (5) in Amendment 22 would be cumbersome and could delay important free trade agreements which the Government regard as so important to the UK in forging its future place in the world. However, I hope the Minister can reassure us that lowering or abandoning standards will not occur frequently—in fact, that they will be an exception—so the use of the subsection (5) provisions will not prove burdensome at all.
I hope, indeed, that it might be the reverse: that the Minister might welcome this amendment. I am not sure that the Government truly understand the pressure to reduce standards that will come from other countries in some trade negotiations. Having a bulwark in legislation should be a comfort to the Government, so that they can say, “We’re very sorry. We can’t agree to any lowering of standards unless our Parliament approves that”.
(4 years ago)
Lords ChamberMy Lords, there are very few doubters about climate change left in Parliament. I salute the efforts of the Government to reach the targets originally set out in Paris five years ago, but we all need to keep up the pressure. In Glasgow next year we will know whether the world as a whole has a chance of meeting the targets. The indications are that it will not unless considerable efforts are made by the USA, India and some countries in Europe which still depend on fossil fuels.
I was encouraged to hear about the forthcoming agreement with India, a country with which we will undoubtedly work well and closely on climate change. I support this amendment, which has been ably moved by the noble Lord, Lord Oates. It derives from my discussions about the recent UK-Japan agreement. I felt that the DIT was merely repeating the mantras of climate change. The EM said all the right things, but they are not in the agreement and nowhere are the parties committed to actual change. Indeed, the DIT has since admitted that the Japan agreement actually means that more greenhouse gases will arise from more economic activity. I had intended to say that in the debate on the agreement, but I was not able to take part in it.
It would have been good to see more practical examples, more encouragement of alternative energy sources such as electric vehicles, which were specifically requested in the evidence from the North East England Chamber of Commerce, as the Minister will remember, on behalf of car manufacturers in the area who will stand to benefit from this directly. The industry needs some encouragement. Does the Minister accept that there needs to be a lot more engagement on this issue in future agreements?
I spoke in Committee about new opportunities that are coming up in New Zealand and beyond, in the Trans-Pacific Partnership. The Prime Minister is now sounding much more serious about climate change—inshallah—and that new enthusiasm should be reflected in all our trade agreements.
Finally, I was cheered to listen to the noble Lord, Lord Foulkes, in his usual form on the previous amendment. He knows that, at this time, I am very sympathetic.
My Lords, I will be brief. I shall speak to Amendment 14 in the name of the noble Lord, Lord Oates. It is a privilege to follow the noble Earl, Lord Sandwich, whose knowledge and experience is so impressive on these matters.
The issue of climate change is dominating our lives. It is already, quite rightly, impacting on the way we live, and will do so increasingly. The Government have set ambitious targets, as has already been mentioned, to reduce carbon emissions by banning the sale of new petrol and diesel vehicles by 2030 and to achieve net zero emissions nationally by 2050. In the farming sector, the NFU has set a net zero target by 2040. These are challenging targets, but it is my impression that the farming sector, businesses generally and the wider public are now willing to try to rise to the challenge and find solutions in order to adapt and thus reduce our carbon footprint.
It would be bizarre indeed if, having committed to meet these targets, we completely ignored the carbon impact of imported products. Meeting the climate change targets will not be achieved without significant investment and added costs on the part of businesses and disruption to our lives generally. It would be inconsistent to place domestic industries in an uncompetitive position by importing products that are not subject to the same ambitions. Not only could that negate progress, it could lead to the undermining of innovation and investment, which would be to the detriment of the UK economy.
If we do not accept this principle, the Government risk being accused of delivering conflicting messages: a commitment to the climate change agenda and taking a leading role in COP 26 on the one hand and being willing to undermine the progress of our domestic industries by allowing the import of products that are not produced to the same ambitious standards on the other. I hope that the Minister will consider this important amendment.
My Lords, I support these two amendments. There is an overlap between them and the next ones tabled in the name of the noble Lord, Lord Purvis of Tweed. As my noble friend on the Front Bench will remember, I highlighted the environment as one of the key areas in which ISDS could cause problems for the United Kingdom. I will say a little more about that in the debate on the next amendment.
Suffice to say on this amendment that we must realise that the trade deals we are making now will have a huge impact on each and every one of us. They are much more complicated than they were in the past. Some 80% of our fruit comes from Europe, along with 50% of our vegetables. If we do not have a sensible trade agreement with Europe which takes that into account, it will cause increased problems for the Prime Minister’s campaign against obesity and the problems that the poorest in our country are already suffering with malnutrition and poor-quality food. It is well known that obesity rates increased in both Canada and Mexico after signing free trade agreements with the United States of America because the nutritional quality of food was lower than before. These free trade agreements are going to impact on us in all sorts of ways.
I am reminded that when we discussed this Bill on the first day of Report, my noble friend Lord Grimstone said that public health considerations would be excluded by the Trade and Agriculture Commission, although reports about them would be taken into account. Perhaps I may therefore press my noble friend: who or which institution is going to provide those reports on public health? We do not know. Public Health England is about to die a death. Which organisation will produce those reports? That is important. The reason I raise this is because the words “human” or “public” health are included in the proposed new clause in subsection (3)(b) of Amendment 21.
The other important area when it comes to health is the traffic light system that we put on packages to notify people about the nutritional quality of food. We all know that the United States of America hates the idea of a traffic light system and thoroughly disagrees with it. However, if we are trying to improve the quality of the food that we eat and get rid of some of the dependency that we have on processed foodstuffs, the traffic light system, which is currently the subject of further discussion, will play a hugely important part in that. This was part of the discussion and recommendations made by the Food, Poverty, Health and Environment Committee, whose report we have yet to debate. However, if we do not get things like this right, we will pay a huge price, and it is for that reason that I support these amendments.
(4 years ago)
Lords ChamberMy Lords, I support Amendment 6 in the name of the noble Lord, Lord Purvis of Tweed, and the revision he has made as he has engaged with the Government. I am grateful for his very clear exposition and will be concise in my support.
Modern trade agreements affect huge swathes of public policy, including consumer and workers’ rights, environmental legislation, food standards, health, public services and international development. MPs, who represent constituencies and work with a variety of stakeholders, deserve the right to assess the consequences of an agreement, as does your Lordships’ House. It has been argued that Brexit is about the UK taking back power, but I fear the Government have perhaps not moved past the 2016 divide and view Parliament as a body waiting for a chance to take us back into the single market and intending to scupper any agreement. That is not the case. Colleagues only want the best for their constituencies and our nation. Any suggestion that the Government may be ruling through fiat will inevitably produce poorer outcomes.
What this amendment proposes is far from radical. As has already been alluded to, we are currently outliers on parliamentary scrutiny of trade deals. The UK lags behind on transparency and accountability compared to the US, the EU and Japan, among others. These are fair and reasonable measures that will protect the interests of local industries across the UK; this amendment will allow us to strike deals that benefit the entire economy. I hope that noble Lords will support Amendment 6.
My Lords, it is a privilege to add my name to Amendment 6 in the name of the noble Lord, Lord Purvis of Tweed, which he presented so articulately. This is a critically important Bill and I am concerned that, as with other Bills associated with leaving the European Union, we do not have much time. This new chapter in our history gives us a unique opportunity to make sure that we adopt best practice and put in place appropriate conditions and processes that reposition the UK as a global leading influence. I said during the debate on the Agriculture Bill that we should be ambitious and set the bar at a level that demonstrates our commitment to deliver on issues of deep concern. We will debate some of these later today.
The Trade Bill is an opportunity to make a statement about our intentions and ambitions as a nation. This principle also applies to the scrutiny process we put in place as a democracy to match the best of them, whether that of our former partners in the EU, the US or, as has been mentioned, Japan. We need to ensure that we have a transparent and robust process and that Parliament has the opportunity to be consulted and to debate the purpose, intention and outcome of trade deals. Government should see this amendment not as an attempt to slow down or thwart the negotiating process but as a helpful and positive contribution to give Ministers confidence in their negotiations. If this amendment is accepted, they will have the reassurance of having the backing and support of both Houses of Parliament. I hope that the Minister will accept this amendment.
My Lords, I am delighted to support Amendment 6 in the name of the noble Lord, Lord Purvis, and to follow the comments of the noble Lord, Lord Curry of Kirkharle, with whom I largely agree on this matter and on many similar matters we have debated in recent weeks.
The House is indebted to the noble Lord, Lord Purvis, for finding a way around the difficulties which were raised against amendments in these areas in Committee and for overcoming the hurdle imposed by the prerogative considerations relating to trade deals. I cannot agree with the reservations of the noble Lord, Lord Lansley, on this dimension. His Amendment 12 could have an application for devolved Parliaments, for reasons I will qualify, but I recognise the general reasons he has put forward and will support him if he presses his amendment to a vote in due course.
As noble Lords might well anticipate, I speak from the viewpoint of the devolved Governments and Parliaments. In the context of Wales, in Committee we addressed several of the issues which might arise in the negotiation of free trade agreements. In Amendment 6, particularly subsection (9) of its proposed new clause, the obvious issue is whether the implications of free trade agreements could have an adverse impact on the economies of Wales, Scotland or Northern Ireland. The need for these devolved Governments to be drawn in at an early stage is twofold.
First, it is to enable them to alert the UK Government to any negative impact they might not have fully taken on board, not least negative effects on, say, farming, environmental dimensions or food safety considerations, which conflict with the devolved Governments’ policies on such devolved matters. Secondly, the beneficial provision of the proposed new clause in this amendment is to enable the devolved authorities to flag any special dimension that might help the devolved nations capitalise on new opportunities arising from trade negotiations, which would be beneficial for them and, possibly, the people of England.
I realise that trade treaties lie outside the ability of Parliament to amend as they progress, and that the devolved Governments will also have to work within parallel constraints. It is for another occasion for us to debate that principle, and I suggest that there are two sides to that argument. There can, however, be no doubt that the devolved Parliaments should have just as strong a voice on the impact of trade deals on matters within their competence as Westminster does on issues that impact policies that affect England only.
I would go further than this amendment provides, as we have in other legislation before Parliament, by requiring that, if the devolved Governments are not agreeable to the steps taken by the UK Government, there should be a requirement for ministerial explanation and a cooling-off period. That, however, is not before us today.
I have one last point. If Westminster is implacably opposed to the devolved Governments having their say in these matters, it will certainly only hasten the day when these Parliaments seek the powers to make international treaties for themselves to protect the interests of their people. Is that what noble Lords really want? I urge all sides to support this reasonable amendment and for the Government to accept it.
My Lords, as always, it is a great pleasure to follow the noble Earl, Lord Caithness. I greatly agree with what he said and want to amplify one of his points. I also support Amendment 7, but do not think that it is finished business yet.
When the Agriculture Bill passed through Parliament, many noble Lords advocated amendments about the UK’s food standards: that they should be written into law to protect us from lower food standards in the future. This was backed massively by the public, as the noble Earl, Lord Caithness, and many other noble Lords have said. Some 2.6 million people signed a number of related petitions, and 260,000 people took the trouble to write to their MP because they were concerned about this. The Government have instead opted to put the Trade and Agriculture Commission on to a statutory footing, extending its lifespan and requiring it to look after these important matters. Is this enough? I think not.
We know that trade deals can put huge pressure on food standards and lead to the import of food produced to lower—or indeed higher—standards. Evidence shows that a number of prospective future trading partners want the UK to lower its food and animal welfare standards and to allow the import of currently banned products, including the well-known examples of chlorine chicken and hormone beef as well as others such as products containing residue of pesticides.
The TAC was formed by the Government in response to consumer and farming concerns. Its main aim is to consider the development of the Government’s trade policy, to reflect consumer and developing world interests and to consider how we engage with the WTO on animal welfare. However, as it stands, it will relate only ever to broad farming, food, environmental and animal welfare concerns. Food safety is considered, but not public health.
However, we now have it on a statutory footing and have expanded proposals for membership to include experts on trade, animal and plant health, and animal welfare. This is welcome but not enough. The Government’s amendment categorically excludes the TAC from considering the impact of agri-food trade on human health. Its reference to what the TAC reports on states that, in preparing the report for Parliament, the Secretary of State for International Trade must
“request advice from the Trade and Agriculture Commission … except insofar as they relate to human life or health”.
If the TAC is limited to thinking about health very narrowly, within the confines of a sanitary or phytosanitary source, wider considerations such as impacts to diets, antimicrobial resistance or pesticide residues will be lost. If it is not the role of the TAC to consider this, who will consider it? We all know the long impact of bad diets—those heavy in sugar, fats and salts. We have seen this as Covid has torn through our communities this year. We legislate very well and effectively that food will not kill you today, but we have nothing on food that will kill you tomorrow or, more to the point, in your children’s tomorrows.
The Alliance to Save Our Antibiotics published a report just last week showing how future trading partners for the UK are giving livestock antibiotics to make them grow faster, a practice which has rightly been illegal in the UK and across the EU since 2006. When I raised this in this House the other day, the Minister was emphatic that we have good antibiotic rulings. However, in 2022 the EU will ban the importation of meat and dairy produced in this way but the UK Government have not yet committed to this. This new report shows that, overall, farm antibiotic use per animal is about five times higher in the US and Canada compared with us, with use in United States cattle being about seven times higher. Antibiotic use per animal in Australian poultry is 16 times higher than ours. These are very serious facts.
Where is public health? Somewhere between the Agriculture Bill, the Trade Bill and the TAC. Why is it not in a leading role as we go forward in these crucial debates? I understand, although I might not agree, why the Government chose not to put public health right at the top of the Agriculture Bill as a public good. I know it is impossible to recompense people for growing food which has a monetary value, but I do not feel reassured about where this is going to be. I am also not reassured that it will be left in the hands of the Food Standards Agency, much as I admire it, because I do not understand its relationship to the Trade and Agriculture Commission. At the moment we do not have a public health expert on that body. This is slithering through the cracks; if we do not catch it now, in future it could have very serious consequences for us all.
My Lords, my interests are as recorded in the register. It is a great honour and privilege to follow my noble friend Lady Boycott, whose contributions are always thought-provoking and based on her immense knowledge of food and agriculture. I thank the noble Baroness, Lady McIntosh of Pickering, for her amendments and continuing commitment to the Trade and Agriculture Commission’s purpose, in the Agriculture Bill and this Bill.
I will speak to Amendments 31, 34, 35 and 36 in the name of the noble Lord, Lord Grimstone of Boscobel. I very much welcome these amendments and congratulate the Government on introducing them into the Bill. The future of the Trade and Agriculture Commission was the subject, as has already been mentioned this afternoon, of much debate on the Agriculture Bill. The amendments to that Bill—Clause 42, which the Government finally introduced under pressure—complement the amendments we are considering this afternoon.
The noble Baroness, Lady Falkner of Margravine, has withdrawn, so I now call the noble Lord, Lord Curry of Kirkharle.
My Lords, I fully endorse the wise comments of the noble Lords, Lord Collins, Lord Alton and Lord Blencathra, and the remarks made just now by the noble Baroness, Lady Northover. I fully support these amendments and will reserve my comments for the debate on Amendment 9 in the next group.
My Lords, I will speak in support of Amendment 8; I also support Amendment 10 in the name of the noble Lord, Lord Blencathra. In response to his kind invitation, I say to him that I do not think that the reference in his proposed new schedule to other human rights weakens the argument in any way. I hope that he rests assured that that is the position, and that his amendment stands as a good amendment that should be carefully considered.
I do not believe that this country has been at all at fault in its support for the international treaties and obligations with reference to human rights to which the amendment refers. Indeed, we have led the way from the very start in the international campaign for the protection of human rights that began more than seven decades ago. Legislation has been brought forward with the minimum of delay on each occasion to incorporate each of the protections and rights into our domestic law. Nevertheless, there are gaps in the mechanisms for giving effect to our international obligations. With the exception of the UN Convention against Torture, which enables the contracting parties to bring proceedings against any persons within their jurisdiction for acts of torture, wherever they were committed, and some extensions of the reach of the European Convention on Human Rights that have resulted from decisions of the European Court in Strasbourg, the contracting parties can deal only with offending acts that are committed within their own territories. They can deal only with persons who have infringed their provisions; they cannot deal with acts, however egregious, committed by states. The fact is, however, that some of the most horrific infringements have been committed by state actors, to which the noble Lord, Lord Alton, referred, with the encouragement and support of the states themselves. The prospect of those states bringing the perpetrators to justice is remote. The result is that there are places across the world where those who are crying out for the benefit of internationally recognised human rights are without any effective protection whatever.
Quite how to meet this problem has puzzled many minds: it is not easy to find a workable solution, but we cannot stand idly by. We have to do the best we can. The amendment that follows, Amendment 9 in the name of the noble Lord, Lord Alton of Liverpool, offers one way in the case of the international crime of genocide. This amendment, which reaches out more widely across a whole range of violations affecting our international human rights and obligations and, happily, has the support of the noble Lord, Lord Alton, too, offers another. It fits in neatly with the aims and purposes of this Bill. Furthermore, the way it seeks to give effect to our international obligations should serve as an example to other state parties that have joined with us in the endeavour to extend the protection of fundamental human rights throughout the world. The amendment would show leadership in an area of human affairs where this is much needed. I hope very much, therefore, that the Minister will feel able to accept it.
My Lords, I am very pleased to endorse this amendment in the name of the noble Lord, Lord Alton of Liverpool. I congratulate him on his impassioned and persuasive introduction, as has been mentioned by other noble Lords. I fully support the comments of the noble Lord, Lord Forsyth, in his recognition of the determination of the noble Lord, Lord Alton, and the noble Baroness, Lady Cox, to uncover atrocities around the world and be fearless in their attempts to unravel them and draw them to our attention.
The number of Members of your Lordships’ House who are listed to speak on this amendment is an indication of the seriousness of the issue that it seeks to address. I shall be brief, but I emphasise that I fully support the view that in this new era of our history it is an opportunity to reset the dial and have the courage of our convictions by taking the global lead. We absolutely cannot condone genocide and must, through the channels available to us, uncover and condemn it. To condemn genocide on one hand as a nation state, then be willing to negotiate trade deals and perpetuate trading arrangements is inconsistent in the extreme. It would be hypocritical, and the Government would be guilty of turning a blind eye to atrocities that have been proven to be taking place. Walking past on the other side, to use a biblical phrase, is not a stance that a responsible global state should adopt, and it would undermine our moral influence.
I quote Robbie Burns, the famous Scottish poet, and complete the phrase “Man’s inhumanity to man”:
“Man’s inhumanity to man
Makes countless thousands mourn!”
I hope that the Minister takes the matter very seriously and accepts the amendment.
My Lords, I am sorry that I was not able to vote for the previous amendment, although I am very much in support of this one, because I felt that there were ambiguities—not least because there are offenders against human rights very close to us, such as in Poland, Hungary and Greece.
This amendment is quite different. It is one of the most profound and important amendments to be discussed in your Lordships’ House for a long time. We have an obligation under the genocide convention to prevent and punish genocide and its perpetrators, but if we rely on the Security Council or the International Criminal Court, we are dodging our obligations. We know full well that China’s seat on the Security Council means that it would veto any such move against itself. What a terrible indictment of the international order today, especially the UN and its constituent bodies. Instead of living up to their original ideals of maintaining international peace and security, better living standards, friendly relations and social progress, action—or, more likely, inaction—by the UN has come to represent quite often the very opposite of those ideals: self-seeking and looking for a scapegoat, a cover for some of the most reprehensible Governments in the world.
This amendment possesses the advantage of bringing the UK into compliance with its obligations under the genocide convention. Several states have argued, like the UK, that it is for the international and judicial systems to make the determination of genocide. This argument is profoundly flawed, as it neglects the basic fact that it is the state that is the duty bearer under the genocide convention—hence the states that are parties to the genocide convention must act to ensure that the determination is made by a competent body and that decisive steps follow to fulfil the states’ obligations under the convention to prevent and punish. Moreover, to have the issue of genocide, or not, examined in our courts would be a good thing.
It will likely be argued that the amendment may jeopardise relationships with states accused of genocide in the UK. It should be emphasised that positive genocide judgments are exceptionally rare, owing to the extremely high evidentiary standard. A formal legal examination and determination of genocide in court, to which the trade signatories might make representations, should not be any more diplomatically upsetting than, for example, the UK making complaints at the United Nations against nations such as China for their alleged human rights abuses. The amendment—if passed, as I hope it will be—will in time become a matter of diplomatic pride, sending a strong signal about the values of the UK as a leader in global human rights.
Owing to the rarity of genocide judgments, very few countries would fall within the purview of these provisions. It is difficult to envisage, therefore, that the Government’s ability to trade will be significantly affected. Generally speaking, Governments tend to seek to strike trade deals with nations with which they share common values. The UK does not currently have a trade deal with a country credibly accused of genocide, I believe, and one is not in prospect.
As it happens, we are unlikely to achieve or even want a trade agreement with China. The experience of Canada shows why. Prime Minister Justin Trudeau had been expected to come away with an agreement to formally start trade talks, but he insisted that any talks include gender and labour rights and environmental standards. He also raised human rights and China’s use of the death penalty. Basically, he was shown the door and was told no—that there would be no negotiation of a free trade agreement.
Likewise Australia, which, along with many other countries, has been a vocal critic of China’s treatment of the Uighurs in Xinjiang, its suppression of democracy in Hong Kong, and its military activities in the South China Sea. The anti-climax came in April when the Australian Prime Minister took the lead in calling for a thorough investigation into the source of the coronavirus. That incensed China. Since then, the deterioration of the China/Australia relationship has been swift. China is barring Australian goods and putting punitive tariffs on them.
As for the attempted EU-China comprehensive agreement on investment, it is only to be expected that the EU will put finance ahead of human rights, and even the mildest rebuke from the EU about human rights in China elicits a response from China that it should not be meddling in China’s internal affairs—that the Chinese people will not accept an instructor on human rights and oppose double standards. It will all likely end in tears.
This amendment embodies the only thing that we can do. International courts are ineffective; international arrest depends on the perpetrator coming here. It is insulting to the victims of genocide to imagine that putting up monuments, especially after the catastrophe, will make any difference. Nor will lighting candles or pulling down statues—all empty gestures.
If captains of industry and politicians had adopted the practice outlined in this amendment in the 1930s, history might have been very different. For example, IBM had immoral commerce with the Third Reich, supplying it with tabulating machines and punch cards, so useful in rounding up victims.
Can there be any doubt now about the genocidal moves of China? Modern communications ensure that no one can hide from their senses the genocidal policies that it is pursuing against the Uighurs. Foreign companies have wittingly or unwittingly helped China with facial recognition technology and artificial intelligence to enable social control. Trade with any part of China should be under the microscope, and let us not forget Tibet and the danger that now faces Hong Kong. Governments have the power to influence this. If China’s trade and investment are cut down, it may not be able to finance its barbaric projects. Not only should this amendment be passed with acclaim, but other Governments should follow suit.
We must remember the genocide against the Tutsis in Rwanda. The world failed to react to the events while they were unfolding. What did the Security Council do? It removed its peacekeeping mission and allowed bureaucratic foot-dragging to obfuscate the need for prompt—indeed, advance—action. That has weighed heavily on the international community, which now realises that it must do more. Advance action is needed to prevent genocide. Once it is happening it is too late. That is why this amendment is so well crafted and so deserving of support from your Lordships.
(4 years, 2 months ago)
Lords ChamberMy Lords, I am afraid that I have not seen that letter, but I will certainly read it afterwards. The Government are focused on getting trade deals that protect and advance the interests of our farmers and consumers. If a deal is not the right one for our farmers, we will walk away from it.
My Lords, the Trade and Agriculture Commission has been given a very tight timetable within which to produce what we hope will be a meaningful report. Does the Minister accept that the timetable, as given, may be difficult, and would he be willing to extend it if necessary? How soon can we expect a report from the commission to be tabled before the House for Parliament to discuss?
My Lords, the noble Lord is right to say that the TAC has a fixed term, as set out in its terms of reference. Members of the commission accept their appointments on that basis and, I am sure, feel satisfied that there is sufficient time. At the end of the TAC’s term, it will submit its advisory report, which will be presented to Parliament by the Department for International Trade at that time.
(7 years ago)
Lords ChamberMy Lords, I welcome this debate and am grateful to the noble Baroness, Lady Neville-Rolfe. I must begin by declaring my interests. I farm in Northumberland and, as the noble Lord, Lord Whitty, said, I chaired the Better Regulation Executive from 2010 to the end of 2015. In that time, I was responsible for the adoption of the one-in, one-out and one-in, two-out processes, as well as the Red Tape Challenge and focus on enforcement programmes. Collectively, these initiatives led to a reduction in regulatory costs for business of around £2 billion per year, as confirmed by the Regulatory Policy Committee—a significant development for the business community at that time. When I took the chair in 2010, 62% of businesses regarded regulation as an obstacle to progress. Five years later, this figure had dropped to 51%. The programme was successful and brought greater discipline to government departments and their legislative ambitions. It definitely stemmed the flow of new regulations. I supported then, and still do now, the principle of establishing a business impact target introduced in the Small Business, Enterprise and Employment Act 2015, which we debated at length in this House. However, this needs to be realistic, and the cranking-up of the challenge from one in, two out to one in, three out in 2016 was a step too far.
The noble Baroness, Lady Neville-Rolfe, referred to the tragic Grenfell Tower disaster. The building where our own apartment is, a 10-minute walk from here, apparently has 40% coverage with the same offending panels and in construction may have contravened building regulations. It was rebuilt in 2003, long before the one-in, two-out policy was introduced in 2011. I question whether there is still a systemic issue within the construction industry.
I am absolutely clear that the programme we put in place did not put lives at risk or undermine confidence in our regulatory systems. In fact, as was stated by the noble Lord, Lord Whitty, it is perfectly possible to remove regulatory burdens that benefit employers, businesses, employees and citizens by adopting smarter processes and better-targeted inspections. Enforcement can actually be enhanced.
Today’s debate focuses on the need for regulation to be balanced or proportionate, cost effective, easy to understand and properly enforced, and I support that objective. We need to protect UK citizens, their health and well-being, our environment and natural capital, while creating a favourable business environment. This will be even more important post Brexit. It is crucial that businesses continue to want to reside here in the United Kingdom, to build capacity here and to contribute to our economy after March 2019.
According to the World Bank, the UK is currently the seventh most favourable country in the world in terms of ease of doing business—this is an important benchmark for us—and we want to ensure that we continue to be at the forefront of global business, positioning ourselves as the best place in Europe. This must be in terms of the ease of establishing a business as well as the ease of growing a business.
As the EU withdrawal bill is going through the Commons and heading in our direction, it puts us, as the Prime Minister has said, in an unprecedented position. We have no choice initially but to translate EU legislation into domestic law, but we should take the opportunity to simplify, consolidate and reduce the volume of guidance notes wherever possible to suit our circumstances here in the United Kingdom. However, we must also recognise that we will not be able to access important markets unless we have appropriate regulation in place. Having concurrent regulation with the European Union will help to pave the way for our future trading relationship. The wishful thinking of some Brexiteers that we can demolish regulation at a stroke when we leave the European Union and still trade on the global stage is naive. We need to strike a balance. It will be important to have at least equivalent standards with other countries and the EU if we want to maintain our business relationships. In fact, we need to present ourselves as having high standards of compliance and make a virtue of our regulatory standards. Our own British public expect us to have meaningful and appropriate regulatory standards in place.
Given my particular interest in the agricultural sector, which I am delighted has been mentioned twice already, I could not speak on this topic without referring to the impact on agriculture. I fully agree with comments about the red tractor scheme; these voluntary schemes provide valuable evidence of the status of farm businesses and allow for a policy of earned recognition to be applied to inspection regimes. There is no question that this issue of regulation and bureaucracy is one of the reasons that many people voted to leave the European Union, particularly the farming community. The assumption is that about 40% voted to leave.
In the design of our post-EU agricultural policy, we need to make sure that we reduce the complexity and bureaucracy which has been a feature of the common agricultural policy. We have a chance to create simpler, less onerous structures and we need to take that opportunity. We must resist the temptation to surrender to complex admin systems. The Defra Secretary of State, Michael Gove, has stated that he will establish a new environmental regulator to replace the accountability currently residing with the European Commission to hold government to account. I support this requirement but in doing so government must review the regulatory landscape, in parallel with this decision, and seriously question whether we need three environmental regulators. How confusing would that be?
Finally, I will comment on the structure in place to manage and administer the Government’s regulatory policy. The Better Regulation Executive has a hugely important role but it does not have executive powers, so the title is slightly misleading. The Regulatory Policy Committee also has a crucial function, as was highlighted by the noble Baroness, Lady Andrews, and the noble Lord, Lord Whitty, in auditing economic impact assessments. It is essential in monitoring the business impact target but does not have influence on policy and is not truly independent. Both bodies are subject to the whims of Ministers. The responsibility within government is split between BEIS and the Cabinet Office, while the BRE has not had an independent chair since I stood down in 2015. This structure does not provide sufficient independent challenge. It provides less than in the past, it is potentially confusing and there is overlap. It should be reviewed as a matter of urgency, particularly in light of the huge workload as a result of the withdrawal Bill. As has been mentioned earlier, EU regulation has been exempted from the current scrutiny by the RPC. This will not be the case when we leave the European Union.
When I chaired the BRE, I firmly believed that tax administration should have been included in the target and subjected to the same RPC scrutiny. I still believe that and firmly agree with the Federation of Small Businesses. My view is that we need an even more effective structure to monitor regulation going forward than we have today, not a lesser one.
(7 years, 5 months ago)
Lords ChamberI apologise to the House for not having put my name down and missing the opportunity to contribute to this debate. However, I would like to make two comments. First, as the noble Baroness, Lady Young, stated, I chaired the Better Regulation—
There was an agreement that the noble Lord might wish to make an intervention at some point during the closing speech, but not at the very beginning. If he wishes to, he will be able to do so, but it should be short and during the closing speech.
I do not think that there is any doubt about that on all sides of the House; even people who were supportive of Brexit will accept that Europe has brought us some good things. One of the criticisms has often been that we have gold-plated things that have come out of Europe and made them stronger.
On the subject of Europe, as it happens, I just received a “Dear Colleague” letter from David Davis, and it is worth reading just one paragraph. He says that the repeal Bill,
“ensures, as far as possible, that the same rules and laws will apply on the day after exit as on the day before. For business, workers and consumers across the UK this means that they can have confidence that they will not be subject to unexpected changes on the day we leave the EU … This Bill is not a vehicle for policy changes”.
It is worth making sure that that is on the record.
Turning back to regulation, it needs to be kept under constant review. Products change, technology changes, and, more than anything, people’s expectations change. The noble Lords, Lord Whitty and Lord Hunt, went back 30 or 40 years, and all Governments, rightly, while not obsessed with the need to review regulation constantly, have taken it seriously. A fault of regulation is that although it can drive up quality, it can also level down to minimum standards. That is one of the reasons why it has to be constantly reviewed, because what was acceptable 30 or 40 years ago may not be acceptable today. That is one of the reasons why regulation needs constant revision.
What has been the recent history of keeping our rulebooks and regulation up to date? Over the past 20 years, all Governments of all parties have been working consistently on getting the delicate balance right between the costs and benefits of regulation, developing a number of tools and institutions to make our rulebooks the right ones to have. The tone that has surrounded the debate about regulation has not been a happy one. Regulations and those who enforce them have been subject to caricature and ridicule. The culture that has surrounded regulation has not been very constructive.
In 1997 the Labour Government set up the Better Regulation Task Force. I think it is worth stressing the word “better”—it was better, not lesser, and that has been a consistent theme for the past 20 years. The Better Regulation Task Force identified the basic tests of whether any regulation is fit for purpose, which were set out by the noble Baroness, Lady Crawley: proportionality, accountability, consistency, transparency and targeting. The only word I would add is “intelligent”. There are times when regulations have ticked the box but entirely missed the point. Regulations need to be enforced intelligently. Sometimes more is less.
March 2005 saw the creation of the Better Regulation Executive and the publication of the Hampton report, which led to the introduction of the Regulators’ Code in 2008, which asks regulators to perform their duties in a business-friendly way, by planning regulation and inspections in a way that causes least disruption to the economy. At the same time the Government adopted a target to reduce the administrative burdens of legislation, such as form-filling, by 25%. The rule that has attracted the most criticism today is the coalition Government’s one-in, one-out rule, which later became one in, two out. I should say that in taking two out, they did not have to come from the same area: if you introduced one regulation on safety, you did not have to take out two relating to safety. The coalition also introduced the Red Tape Challenge initiative to tackle the stock of regulation by asking the public to help identify outdated, unnecessary or overly complex legislation.
I argue that these initiatives have delivered some real improvements in how people, business and public bodies are regulated. This includes the removal of some outdated and rather bizarre rules, such as the requirement for childminders who feed children in their care to register as a food business, or the ban on teenagers buying Christmas crackers. But it has also seen the removal of a huge amount of unnecessary form-filling, as well as simplification; for example, 37 million vehicles no longer need a paper tax disc, and small firms do not have to do full audits on their accounts, saving them some £300 million a year.
Of course, in the light of the awful tragedy at Grenfell, we are looking at regulation anew.
My Lords, I thank the Minister for giving way. He has reached the point in his speech that is relevant to the comments I want to make. As the noble Baroness, Lady Young, indicated, I chaired the Better Regulation Executive during the coalition period from 2010 to 2015, so was responsible for the one-in, one-out and one-in, two-out process, and the Red Tape Challenge programme. It is important to bear in mind that in 2010 business attitudes in Britain were very negative about regulation. We regularly carried out surveys and in 2010 62% of businesses regarded regulation as a barrier to progress and expansion. By the end of that period, that had dropped to 42%. We did that, as the Minister indicated, without putting lives at risk. It forced departments to really review their stock of regulation and to consider regulation that had become outdated and irrelevant. As a cleansing exercise it was a very effective process. I have to say that I was never responsible for one in, three out, which I believe is a step too far, and even one in, two out can be administered for only a short period to allow departments to really look at their stock and, having done that, to move on. The change in business attitudes to regulation in Britain is really important as we face Brexit. We want Britain to be an economy where businesses want to be located, grow and expand, and we need to encourage that thinking.
I thank the noble Lord for that intervention. It is worth noting that over this period, in which a significant number of regulations were taken off the statute book, public safety has improved significantly; for example, the number of fatal injuries in the workplace has halved over the past two decades. Deregulation and public safety are not necessarily contradictory. Throughout this time successive Governments have continued to bring in new regulations when they are necessary, including the licensing of security staff, the mandatory wearing of seatbelts and banning smoking from workplaces. Whenever there has been a public safety or public health issue, the Government have not been slow to bring in new regulations.
How regulation is delivered is just as important as having the right protections in place. My department works with regulators and businesses to support good regulatory delivery so that regulation works in practice. That is one reason why the number of businesses that object to regulations has dropped from 62% to 42%. Good regulatory delivery is not about less enforcement, nor necessarily about a light touch. It is about having competent regulators, being outcome-focused and having regulatory activities that rely on a robust assessment of risk. Those are the principles that underpin good regulatory delivery. It is not about officious box-ticking.
There has been a strong focus in government, in this and previous Administrations, on improving how regulators deliver the protections they are responsible for. Regulators must have regard to the Regulators’ Code, introduced in 2008 and updated in 2014. It is a principles-based framework for how regulators should engage with those they regulate. It requires regulators to consider risk and to be transparent about their activities and expectations. It applies to nearly all regulators across the UK, including fire and rescue services, trading standards and national regulators such as the Health and Safety Executive. Regulators know the industries they work with and the outcomes that they need to deliver, whether that is the safety of premises or the labelling of foods. Through robust risk assessment they can identify and target the highest risks more effectively and make the most difference.
I think the crux of today’s debate is whether the pendulum has swung too far in one direction or whether we have got it about right. That is a matter of judgment. Of course, the awful tragedy at Grenfell will make us rethink some of these issues. I hope it will change the culture that surrounds the way we look at regulation. It is worth repeating the words of my right honourable friend Damian Green, when he said yesterday in the House of Commons:
“The Department for Communities and Local Government and the Cabinet Office are working together across the piece and on the wider building safety programme, about which I know hon. Members on both sides of the House are concerned … DCLG has formed an expert advisory panel made up of a range of building and fire safety experts to advise the Government on any immediate action required to ensure that buildings are safe”.—[Official Report, Commons, 12/7/17; cols. 316-17.]
The panel will certainly take into account the words of the noble Lords, Lord Tunnicliffe and Lord Stunell, who both made very interesting observations about how we can improve safety regulations in buildings.
This debate will carry on into the future. I feel that the balance we have achieved over the past 20 years has been about right. It is now time to think afresh about how we approach regulation and certainly time to stop demonising those people who are involved in the enforcement of regulations.
(7 years, 5 months ago)
Lords ChamberMy Lords, I very much welcome the opportunity to contribute on the subject of agriculture as part of the debate. I declare my interests: I am a partner in a farming business in Northumberland and a trustee of Clinton Devon Estates, both of which are in receipt of the basic payment scheme and engaged in environmental stewardship. My other interests are listed in the register and include being chair of the National Land Based College.
There is no question that Brexit is the most important issue to face the agricultural sector since 1947. The agriculture Bill will be the most important since the 1947 Act. As has been said, it is an exciting time and an opportunity to shape our own destiny to create a set of policies that benefits agriculture and horticulture, our customers and our consumers; that contributes to our economy and our balance of payments; and that deliver environmental benefits, as mentioned by the noble Baroness, Lady Parminter. It will also help us to contribute to our climate change obligations. We also have an opportunity to recognise the important contribution that agriculture can make to the nation’s health. We must take the opportunity to design a holistic policy that embraces all these issues. I look forward to the debates on the content of the Bill.
I should like to emphasise three areas of concern. First, I want to stress again the importance of agriculture in the Brexit negotiations and endorse the comments of the noble Lord, Lord Plumb, on this subject. There continues to be a deep concern that agriculture is way down the ranking in the Government’s priorities. I should add that the fisheries sector shares the same concern. The common agriculture policy—the “expensive failure”, as described by the Minister in his opening comments—has had a dominating influence on agriculture ever since we joined the Common Market, so these negotiations are crucial.
In addition, we are part of Britain’s largest industry sector by a mile—it is even more important than the Minister described. The food industry is built on the foundation of the farming sector: agriculture provides the raw materials for our food processing and manufacturing sectors and much of the food service sector. Together they are far larger than the automobile, aerospace or exciting high-tech sectors that get much attention. Yet the agrifood industry is barely recognised in the Government’s hugely important industrial strategy. Why is that? In education and skills, farming and food science subjects are not even recognised as STEM subjects. Why is that? This industry is increasingly a high-tech, innovative and professional industry. There is a need for government to acknowledge the importance of this, both in the negotiations and in the design of domestic policy. This is true also of the trade negotiations.
The Minister suggested, as many do, that abolishing the CAP will lead to cheaper food. I remind the House that consumers in Britain enjoy cheaper food today, in relative terms, than at any time in recent history. Food being even cheaper could have a serious detrimental impact on farmers’ incomes. We do not want to be sacrificed in the trade negotiations to reach speedy and favourable agreements for other sectors of industry. I fully endorse the comments made by the noble Lord, Lord Plumb, and the noble Lord, Lord Colgrain, in his excellent maiden speech on this subject.
Secondly, I am deeply concerned about the relationship between the devolved Governments within the United Kingdom. I assume the Bill will address that issue. It is essential that we replace the structure currently provided by the CAP with our own UK structure that sets out a framework within which all four parts of the UK will function and, I hope, flourish. There will be a massive void when we leave the European Union. The House of Lords report from EU Sub-Committee D on Brexit and agriculture refers to this very real concern. Of course Brexit is, on the one hand, an opportunity to allow the devolved parts of the UK to design policies appropriate to their own priorities and circumstances. However, if this does not take place within an agreed UK framework, the result could be chaotic, cause massive tensions, and will potentially disrupt trade. I am aware that this will be a difficult issue, particularly with the Scottish nationalist Government, but it must be grasped and it is urgent.
There is much more I could say, but I shall finish on our competitiveness. The UK agricultural sector faces exactly the same challenge as our wider industry. Our competitiveness has declined relative to our main global competitors over the past couple of decades or so. This is a concern now but will be even more so in a post-Brexit world. We need to invest now—as a matter of urgency, in preparation for the challenge—in skills to project ourselves as an attractive and exciting sector with career prospects, and continue to invest in science, knowledge transfer and new tools and technology to raise our game. The sector is ready to respond, with new initiatives in place to help address this challenge, but so far has had little encouragement from the Government. We have a great science base in Britain, with world-recognised institutions. However, our recent record of transferring knowledge to give us a competitive edge has been poor. This cannot go on, because we are likely to face even greater global competition. We need government support for this. I hope the Minister will take note of these concerns and, as I said, I look forward to the emergence of the Bill.