Trade Bill

Debate between Lord Curry of Kirkharle and Baroness Noakes

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Wednesday 6th January 2021 Lords Chamber

[Baroness Noakes (Con)]

My 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.

[Lord Curry of Kirkharle (CB) [V]]

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.

Agriculture Bill

Debate between Lord Curry of Kirkharle and Baroness Noakes

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 22nd September 2020 Lords Chamber

[Baroness Noakes (Con)]

My Lords, I have added my name to Amendments 98 and 99, in the name of my noble friend Lord Trenchard. I will not spend any time going into the substance of whether the Trade and Agriculture Commission should be extended in time or scope beyond the arrangements that the Government have already made. I support the Government in this and will not support those amendments. The Government have been clear on their policy, as my noble friend Lord Trenchard explained, and I believe that that should be enough for Parliament.

As with the earlier group—when we debated Amendment 93 in the name of the noble Lord, Lord Grantchester—if we have to have something in this Bill, which I hope that we do not, it should be drafted to reflect our post-EU place in the WTO as a full member again. It is those standards that should be driving international trade of all kinds, including agriculture and food products. The WTO is the place to argue for standards rather than using a parochial approach that might well put us at odds with the WTO, as has happened with the EU. For this reason, I will support my noble friend’s Amendments 98 and 99 if he chooses to press them.

[Lord Curry of Kirkharle (CB) [V]]

My Lords, Amendment 101 is in my name; it is not dissimilar to Amendment 97, tabled by the noble Baroness, Lady McIntosh of Pickering. My interests are as recorded in the register. I thank the noble and learned Lord, Lord Wallace of Tankerness, the noble Lord, Lord Rooker, and the right reverend Prelate the Bishop of St Albans for supporting this amendment. I also thank the Minister for his open door, his willingness to make time available and his helpfulness throughout the passage of this Bill. His graciousness, tolerance and patience are very much appreciated.

I have been reflecting on what UK agricultural history will record in the chapter titled, “Membership of the European Union”. This has effectively now ended after more than 40 years. It just happens to span most of my farming career. One constant concern was what we termed “the level playing field”, which always proved to be rather elusive. We believed, perhaps mistakenly, that other member states knew how to game the system and we were committed to the rules of cricket. We are now entering the next important chapter of agricultural history and we will be trading on the global playing field. The purpose of this amendment is to try to avoid being bowled a googly from an experienced spin bowler to an unsuspecting batsman on a poor wicket.

I compliment the Government for establishing the Trade and Agriculture Commission. It was a very welcome decision and I look forward to the report it has been commissioned to deliver by the end of the year. While we are debating this Bill, the commission are researching the fine print of WTO rules. I absolutely agree that those rules should be what determine our trade policy. They are researching what is possible and what is not and what good trade deals might look like. By the time they complete their investigations and research, we will have established a wealth of knowledge on the subject. My challenge is, why, having established that resource, would one send them all home for Christmas, never to be seen again? The logic of retaining that valuable knowledge—that talent—to scrutinise future trade deals to make sure that they comply with the standards and terms in their initial report is obvious. I am disappointed that the Government have resisted the pressure to give the commission an ongoing role.

This amendment has the wholehearted support not only of the farming unions of the United Kingdom and of the CLA, but of animal welfare groups, the environmental bodies and, very importantly, the British public. Rarely in my limited experience has a single amendment had such widespread support. Many of the comments made in the debate on the group of amendments beginning with Amendment 89ZA, led by the noble Lord, Lord Grantchester, apply to this amendment.

Let me counter the accusation that this is a protection measure, that this is an amendment that will create a barrier to trade. This is absolutely not the case. We have no choice but to negotiate trade deals. I too am delighted that the Secretary of State for International Trade, Liz Truss, has a deal with Japan over the line. She, together with the Defra Secretary, has already established the Trade and Agriculture Commission to provide guidance on the standards and principles that should apply to imported food. This amendment is to ensure that these are applied and adhered to when the deals are agreed.