Extinction Rebellion

Debate between Lord Fox and Lord Duncan of Springbank

Thursday 31st October 2019 Lords Chamber

[Lord Duncan of Springbank]

To be clear, we do lead the world in this area: our legislation is world-beating. The important thing right now, on the glide path towards COP, will be several more announcements to show exactly how we can take that leadership role and encourage others to walk in our steps.

[Lord Fox (LD)]

My Lords, the Minister was right to call this a cross-community challenge. We are going into an election, and there will be all sorts of attempts to outbid the others with different dates and different policies, but when we come back here in December decisions will have to be made that will take a great deal of money and cause an awful lot of change in our country. They can be made only if they are made across Parliament and beyond one Parliament. Does the Minister agree that delivering our targets on climate change needs a cross-parliamentary approach in which the Government work with all parties across Parliament?

[Lord Duncan of Springbank]

The important aspect is that the work we are doing is based on the work of the Committee on Climate Change. It is an independent body advising on these matters. No matter who comes in over the next decade or so, that body will be integral in ensuring that science is at the heart of our decarbonisation.

Net Zero Carbon Emissions

Debate between Lord Fox and Lord Duncan of Springbank

Tuesday 29th October 2019 Lords Chamber

[Lord Duncan of Springbank]

I am happy to assure the noble Lord that nuclear will remain part of our strategy. It is indeed a low-carbon approach. We are strongly committed to small modular reactors and right now we need a baseload to complement our renewable electricity supply.

[Lord Fox (LD)]

My Lords, when the Minister and his department review the infrastructure report, will he also take into consideration the words of Ofgem, whose annual summary of trends was published this month. It says that the decarbonisation of energy has retracted to its,

“slowest rate of decline since 2012”.

There is a disconnect between the Government’s target of 2050 and what is actually happening. Can he tell us what Her Majesty’s Government are doing to reverse that trend, and when will the decarbonisation of energy start to accelerate again?

[Lord Duncan of Springbank]

It is sometimes difficult to assess the rate at which we are decarbonising, but I can assure the noble Lord that, as we continue to phase out coal and to work carefully with the domestic heating approach, we are on track to meet our 2050 commitments. It will be a challenge, and all must do their part.

Brexit: Workers’ Rights

Debate between Lord Fox and Lord Duncan of Springbank

Tuesday 29th October 2019 Lords Chamber

[Lord Duncan of Springbank]

I welcome the comments from the noble Lord. One of the important issues is the question about what a future trade agreement with the EU would deliver. I accept that he is saying that there is apparently nothing else to negotiate and perhaps it can be done very quickly indeed. This Government’s policy has always been that we can do that trade deal very quickly; it is important to stress that.

As to the elements in the leaked document, it will not surprise the noble Lord to know that I will not be commenting on them specifically. However, having been a member of the European Parliament, what I will say is that the European Parliament and the European Union set minimum standards. The secret to those is how you enforce them. This Government have put substantial investment into enforcing the rights and standards throughout all employment and welfare, which has not been matched by other countries. It is also important to suggest that we can now manage our own affairs in this regard and that it is for the other place and this place to determine what they shall be. My final point is that this Government will not diminish workers’ rights whatsoever.

[Lord Fox (LD)]

My Lords, I thank the Minister for repeating this Answer. Nobody doubts his sincerity in reading it out but, given the catalogue of issues set out at length by the noble Lord, Lord Stevenson, I am sure that the Minister will understand that there will be distrust out there; there will be people who suspect that Downing Street has said one thing and done another. So would the Minister agree that the best way of setting people’s minds at rest would have been to have an international trade Bill in which all these rights were set out and protected, and to have the scrutiny process enshrined in law? Does the Minister agree that it is a great tragedy that that has been canned by the Conservative Government?

[Lord Duncan of Springbank]

All the rights that we have accrued as a member of the EU are retained from EU law into our corpus of domestic law. That is the best place for them to be set out. Any changes to that, including any that a future Government may wish to make, must be made with the permission of the other place and this place, using voting procedures in the normal way. There shall be no diminution of the rights of workers as a consequence of this.

Frequent Flyer Airmiles Schemes

Debate between Lord Fox and Lord Duncan of Springbank

Monday 21st October 2019 Lords Chamber

[Lord Duncan of Springbank]

Yes, that is probably true. I am not sure how it would work, but I am willing to go away, look at it and see whether we can do something with it.

[Lord Fox (LD)]

My Lords, the Minister just dubbed this measure regressive in many ways. Could he enlighten your Lordships’ House on how it is regressive, given the climate emergency that we face?

[Lord Duncan of Springbank]

The reason why I suggest that it is regressive is that by taking this approach, whether banning air miles or making other restrictions in this fashion, the people affected will almost certainly be the poorest, not those who are wealthy or who are travelling business class. The problem is that they can continue to afford to do so, while those who take family holidays will be hit by the brunt of the tax. That is regressive.

Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019

Debate between Lord Fox and Lord Duncan of Springbank

Monday 7th October 2019 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, I draw attention to my interest as chair of National Trading Standards, which, as far as I know, is not involved in any of these regulations—but for all I know it might be.

I would like some clarity on two specific points. First, the Minister said that no specific impact assessment was drawn up for this statutory instrument, but that it was covered by the previous impact assessment and that the main impact would be in explaining these changes, which we all look forward to, to the businesses affected by them. Did that assessment also look at the role of explaining these changes to those who are responsible for enforcing the regulations and for ensuring proper compliance? It seems to me that this is quite an important area, particularly when we are talking about product safety.

Secondly—I hope this is not frivolous—as I understand it, according to the report of the Joint Committee on Statutory Instruments, there is an error in the instrument. The reference to regulation 15 should have been to regulation 18. The department accepts that this is an error but says that it probably does not matter—I am paraphrasing. I think it is implying that there will be a 24-hour gap during which the mutual recognition agreements will not be in force. If that is the case, will the Minister tell us how frequently the mutual recognition agreements referred to in this SI are in fact employed in this country, and whether an issue really is unlikely to occur during the 24-hour gap?

[Lord Duncan of Springbank]

My Lords, this suite of regulations is quite technical, as the noble Lord, Lord McNicol, said. The original suite was a bundle, and anyone who has managed to carry it around will recognise that it could be measured in depth of inches. The important thing to stress is that I have recognised what a challenge it is to face such a large document. I would not wish to see us go forward on that basis again, for the very reasons flagged here today. I am very happy to say that, as far as I can influence the situation, I will do that very thing.

It is also important to stress—this comes back to the notion of why we are where we are—that the date changes which were necessitated by the change in the exit date were necessarily made in the document we are debating. It has now been—I am going to use the term—Brexit-proofed, in so far as we will not have to revisit these dates because of the manner in which they have been drafted. I reiterate, however, that it is the Government’s policy to leave the European Union on 31 October and noble Lords would expect me to say that, so I am saying it again.

I will go through some of the points raised in the order they were made. The noble Lord, Lord McNicol, again raised the issue of “substantially” versus “exactly”. My team tells me that broadly they are the same. Noble Lords might notice that I used the word “broadly” in that particular context, but they are the same, so they should not be interpreted as being in any way different. As to the question of the stakeholder feedback—

[Lord Fox]

“Broadly” and “substantially” are broadly the same phrase, but why is that phrase being used? Is it because the department is not aware that there are any differences but thinks that there might be unintended differences, or is it aware that there are actual differences between the two situations?

[Lord Duncan of Springbank]

My team has helpfully provided a note on that, just in case someone was querying whether they were indeed the same. On “substantially the same” and an essential requirement, certain essential requirements require the involvement of notified bodies. Post exit, these same essential requirements will require the involvement of UK-based approved bodies, in line with the UK-only system developed under the no-deal legislation. We are therefore at that stage of approved versus notified. There will be differences, in essence, but the substance of those differences is textual rather than meaningful in that context—I hope that is helpful and makes sense.

Insolvency (Amendment) (EU Exit) (No 2) Regulations 2019

Debate between Lord Fox and Lord Duncan of Springbank

Monday 30th September 2019 Lords Chamber

[Lord Duncan of Springbank]

That is very easy and straightforward to answer. It is the Government’s policy to leave on 31 October, but the laws have been drafted to ensure that, going forward, we will not have to revisit these regulations. I reiterate that, come Halloween, we will be on the other side.

[Lord Fox]

Can the Minister clarify the point about the modified version of the jurisdictional tests?

[Lord Duncan of Springbank]

I had written that down but then forgot to mention it. The noble Lord will be aware that one element of the original regulations was the jurisdictional tests. The modification that we are talking about here is to ensure that those tests are broadly compliant with the changes that have been brought in. The jurisdictional tests themselves remain broadly intact. Their purpose is to ensure that the legal jurisdictions of the various courts function after Brexit.

[Lord Fox]

To be clear, the modification is with us rather than with Europe.

[Lord Duncan of Springbank]

Absolutely—the modification is with us. However, the point is that broadly the tests are part of retained EU law and we have made the adjustments to make sure that they are compliant with our own statute book.

Nuclear Power Stations

Debate between Lord Fox and Lord Duncan of Springbank

Monday 9th September 2019 Lords Chamber

[Lord Duncan of Springbank]

My noble friend is of course absolutely correct that nuclear power itself is a means of reducing carbon emissions, and it will remain part of our electricity generation mix—necessarily so, as it is already 20% at present. When Hinkley Point comes online it will represent 7% of the overall electricity generated in the entire United Kingdom. It is therefore important that we are able to ensure that nuclear remains a component part of our offering and our energy reduction. It is also important to recognise that one of the conditions of the nuclear strategy which we have put forward—the £200 million fund—is that there is a significant reduction in the cost of the production of nuclear energy. That will represent a 20% reduction overall, which must be part of that strategy. We are alert to these issues. Again, the time is right for a proper debate on the wider questions, which I suspect my noble friend would have raised had we had more time.

[Lord Fox (LD)]

My Lords, I welcome the new Minister to his position. He will be aware that I usually use this opportunity to conflate nuclear power with energy storage. With high-capacity energy storage, the need for nuclear becomes much less critical. There are also short-term issues around storage, which we saw on 9 August, when there were blackouts across large swathes of England. The cost of replacing that short-term storage is about £1 billion to double it to 2,000 megawatts. What is the Government’s plan for storage, what money is available, and how is it being invested to deliver a robust system?

European Union (Withdrawal) Bill

Debate between Lord Fox and Lord Duncan of Springbank

Committee: 8th sitting (Hansard - continued): House of Lords
Monday 19th March 2018 Lords Chamber

[Lord Duncan of Springbank]

I thank the noble Lord for his probe in this regard. This is, if you like, the epitome of the challenges we are facing, but unfortunately it is larger than the individual amendment can recognise and what it seeks to do, which is to have Ministers place before us a single report setting out both the current arrangements and thereafter the arrangements that we secure through negotiation. The arrangements we secure through negotiation will be detailed for this House and will be iterated so that we understand what they are, and they will emerge from that negotiation. It is not our intention to downplay the significance of these issues, but we must recognise that they play a part in a wider question, in particular when it comes to the customs issues. On that basis, I still hope that the noble Lord will be able to withdraw his amendment.

[Lord Fox]

My Lords, I thank the Minister for demonstrating his sensitivity to this issue, which will be reassuring to some extent for boat owners and boating businesses around the UK, so there may be some solace in that. The amendment is not seeking a running commentary on the negotiations. The Minister is correct to say that this goes to the nub of the customs and free movement issues as they unfold, but providing a promise of some kind to keep the industry informed about what is going on is very important. Obviously we will look at the Minister’s response in detail in Hansard, and with that, I beg leave to withdraw the amendment.