International Relations and Defence Committee

Debate between Lord Lexden and Lord Gardiner of Kimble

Wednesday 2nd February 2022 Lords Chamber

[The Senior Deputy Speaker (Lord Gardiner of Kimble)]

My Lords, I am grateful to the noble Lord. He obviously had a very considerable input into these matters. Just to confirm, it will be for the International Relations and Defence Committee to decide when there is a need, in line with Section 3 of the Trade Act, to appoint a sub-committee into whether there exist credible reports of genocide in the territory of a counterparty to a prospective free trade agreement with the United Kingdom. These are absolutely the parameters in which this matter relates to the Trade Act 2021.

On the second matter—it is clearly an interesting point in terms of the two Houses—one question that has come across is why there was not a joint committee. My understanding is that the language of Section 3 of the Trade Act appears to preclude this, not least because different procedures apply in each House, as detailed in the Liaison Committee report which the House agreed on 1 December when it designated the IRDC as the responsible committee. Clearly, if and when there was this dialogue between the two Houses, it would be important for the two Houses and their respective committees to reflect on the fact that both Houses had a responsibility to consider these matters. But, with those two questions in mind—

[Lord Lexden (Con)]

Is there anything in the legislation to preclude a joint sitting of the two committees to resolve any differences that may arise between them?

[The Senior Deputy Speaker (Lord Gardiner of Kimble)]

My noble friend raises an interesting question. I have to say that the actual construct of the Trade Act is not within my scope of knowledge. Clearly, there may well be occasions when those sorts of pragmatic considerations would, I imagine, be reflected on by pragmatic people in both Houses. I am just saying that my understanding is that the language of the Trade Act appears to preclude a Joint Committee—but the noble Lord raises a pertinent point. Unless there are any further questions, I beg to move.

Motion agreed.

Genetically Modified Food

Debate between Lord Lexden and Lord Gardiner of Kimble

Monday 8th February 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

My Lords, my noble friend has made a very important point: we have to feed the world’s increasing population. We think that, particularly in the area of gene editing crops, there are potentially very strong advantages in sustaining and improving the natural environment while improving the hugely important ingredient of soil health with reduced nutrient additions and chemical pesticides.

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, the time allowed for this Question has now elapsed.

Heritage Organisations: Coal Supplies

Debate between Lord Lexden and Lord Gardiner of Kimble

Thursday 21st January 2021 Lords Chamber

[Lord Gardiner of Kimble (Con) [V]]

My Lords, that is absolutely what we are working on with the heritage sector because we want a viable future for these great heritage assets of our country. However, I go back to the fact that this is legislation reducing and changing our requirements for domestic consumption. I fear that some noble Lords are misinterpreting that. We are working with the heritage sector because we want a long-term, viable future for it.

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, the time allowed for this Question has elapsed. I apologise to those noble Lords I was unable to call. We now come to the third Oral Question.

Fisheries Bill [HL]

Debate between Lord Lexden and Lord Gardiner of Kimble

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords & Ping Pong (Minutes of Proceedings): House of Lords
Thursday 12th November 2020 Lords Chamber

[The Deputy Speaker (Lord Lexden) (Con)]

I call on the noble Lord, Lord Gardiner of Kimble, to reply to this important debate.

[Lord Gardiner of Kimble (Con)]

My Lords, this is an extremely important debate. I am grateful for this challenge; it is rather like playing tennis with someone much better than oneself, and one hopes that that raises one’s game. When lawyers are about, I get a shade nervous. I am also nervous as I am second to none in my regard and indeed affection for the noble Baroness, Lady Pitkeathley. I am reminded here of the reference to Winston Churchill and the reference to two of the Crown dependencies and their history with the Crown.

Not only for me personally but for the Government, the essential nature of working with the three Crown dependencies is the warmth and positivity of that relationship as we are all part of the British family. I say to the noble Lord, Lord Beith, that I am grateful to him for his opening remarks, because we stand by the framework agreements, recognising the Channel Islands’ international identities. That is different from the UK ensuring that we can meet our international obligations. This is an area where I, not being the Fisheries Minister but having to attend to this matter, have tried to get my head around how this clause comes into our international obligations and why I am going to endeavour to persuade your Lordships that this is solely about how it relates to the UK’s international obligations. Indeed, that is why it is in Clause 36; it is defined because it is about all of us adhering to obligations that, as I said in my opening remarks, play out for everyone in the British family. There is therefore that last resort, that safety valve, of having provisions that enable adherence to international obligations that would have adverse impacts.

To the remarks of my noble friend Lady Couttie, I say that our preference, indeed our expectation, is that the Crown dependencies will implement the necessary legislation to meet international requirements that apply to them. As I have said, the clause provides protection for the British family on the international stage, but obviously we hope we will not have to use it.

I was struck by what the noble Lord, Lord Pannick, said. My view is that, when I take out an insurance policy, I am dearly hoping that my house does not burn down but I have a backstop. I have given very lay consideration to the issue of responsibility in this new adventure as an independent marine state, given the international obligations that we as the British Government will have. I think it is rather important, when I am seeking to persuade, to say that I personally see merit in this, but we do not in any sense want to have difficulties with the Crown dependencies.

I hope noble Lords will appreciate the requirement for the UK Government to be able to ensure that they meet international obligations for the protection of all parts of the UK—and indeed the Crown dependencies, which is the crux of the matter. That is a responsible international-facing Government ensuring that we can continue to meet our international obligations on sustainable fishing. We will of course continue to work very closely with the Crown dependencies at all levels but of course particularly at official and ministerial level.

I say to a number of noble Lords, including my noble friends Lady Couttie and Lord Northbrook, the noble Lord, Lord Faulkner of Worcester, and the noble Baroness, Lady Jones of Whitchurch, that, having worked with my honourable friend Victoria Prentis, the Fisheries Minister, I am sure she is determined to ensure that, in the setting up of a committee with the Crown dependencies—as I have said, within the possible structure of the fisheries management agreements—to consider and assess how the implementation of the international obligations is going to be worked through. That is what we will want to do.

I agree with the sentiments that the noble Baroness, Lady Jones of Whitchurch, has expressed about the importance of dialogue and continuing discussion. There is continuing work to be done on this matter with this Bill and with the responsibilities that the Government now have as an independent maritime state. I want to put on the record and re-emphasise that, through the committee or through other work, it is vital that the communications and collaborative working with the Crown dependencies are designed to ensure that we may not ever need to use this last-resort measure. That is the whole purpose of dialogue and good friendship in protecting, as I have said, the British family. I say publicly that I understand the sentiments that the noble Baroness has expressed.

I shall repeat this so it is on the record: the committee could deal with issues that may lead to the activation of the permissive extent clause. It is not intended that this clause and the regulation-making power that it relates to would be used to legislate for the Crown dependencies without their consent, unless it were to become necessary to implement an international obligation that applied to them. I emphasise again that that would only ever be as a last resort, after full consultation and the exhaustion of all other options.

I shall answer some of the questions that were asked. I looked at the Ministry of Justice guidance on this matter. I say to the noble Lords, Lord Anderson of Ipswich and Lord Pannick, that the MoJ advises that although consultation and consent should be sought in all circumstances, PECs can be included in Bills without the prior agreement of the Crown dependencies in exceptional circumstances and where a Bill engages the UK’s constitutional responsibilities for defence and international relations. This position is reflected in the Fact Sheet on the UK’s Relationship with the Crown Dependencies that was published by the MoJ in February this year. I will look at what both noble Lords, with their legal advantage over me, have said. I have referred to the MoJ guidance and that is the best that I can do on the matter, but it is available for further consideration.

I would also say to the noble Lord, Lord Faulkner—and to all noble Lords—that working with Crown dependency officials and Ministers will clearly be very essential. We raised the idea of this clause before the Bill was introduced in January, then discussions took place at official level aiming to narrow the scope of the clause to what is required to protect the British family and other Crown dependencies. We consulted on them formally later this year. As I say, this is why the discussions for this Bill are specifically about Clause 36 and our international obligations. I should also say to the noble Lord that this clause does not legislate for the Crown dependencies before activating the PEC. We would consult and seek to achieve the same results through other options—for instance, of course, Crown dependency domestic legislation.

Agriculture Bill

Debate between Lord Lexden and Lord Gardiner of Kimble

Committee stage & Committee: 7th sitting (Hansard) & Committee: 7th sitting (Hansard): House of Lords
Tuesday 28th July 2020 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, this has been another thought-provoking debate. I thank the noble Lord, Lord Cameron of Dillington, for tabling an amendment that seeks to address an issue with current regulations affecting the use of gene editing and other precision breeding techniques in agriculture. Until 2018, there was uncertainty within the EU as to whether the living products of this technology should be subject to the same regulatory framework as genetically modified organisms, because the legal definition of a GMO was open to interpretation.

In 2018, the European Court of Justice ruled very clearly that these products must be treated in the same way as GMOs, even if the changes to their genetic material could have been produced by traditional methods, such as crossing varieties of the same species and selecting only the improved individuals. The UK Government intervened in the case to argue for a more scientific outcome. Our position was, and is still, that if the products of gene editing could have been produced naturally or by using traditional breeding methods, they should not be regulated as GMOs.

The Government are committed to taking a more scientific approach to regulation. Many scientific institutes, along with the breeding industry and some EU member states, such as Sweden, share our view that the current rules are unscientific and a solution is needed soon if we are to reap the economic and environmental benefits these technologies have to offer, such as more resilient crop varieties, reduced use of synthetic pesticides and more disease-resistant animals. The Government are committed to this task and to following due process, so that any necessary changes are properly informed and there is confidence in them.

I am grateful to the noble Lord, Lord Cameron of Dillington, for his examples of gene-editing research from around the world. The UK is at the forefront of genetic research and the Government are keen to build on this excellence. We want farmers to have access to crop varieties that are more resilient and require fewer synthetic pesticides.

I was struck by what the noble Lord, Lord Trees, said. He is one of the most respected veterinary surgeons in the country and, of course, our veterinary surgeon in this House. I was struck by the potential and the opportunities he outlined for breeding disease-resistant farmed animals. Again, I cannot believe that he would promote something that in any way compromised the welfare or interests of animals. I have to be careful, because two members of my family are in the veterinary profession, but I think it is one of the remaining very well-respected professions. Eminent scientific bodies in the EU and UK have advised that it is the characteristics of an organism and how it is used that determines whether it is a risk to human health and environment, not how it was produced.

It is important to highlight that gene-edited organisms resulting from changes to genetic material that would not arise naturally or from traditional breeding methods will need to be regulated as genetically modified organisms. They should not come under the gene-editing exception. It is important that the Government address this matter, both by making any necessary legislative changes and by ensuring public confidence and trust. It is important that these issues are heard and addressed transparently. To this end, I place on record that the Government will consult publicly on this issue. Defra is working on the details so that a consultation can be launched in the autumn. I have given firm assurances that the Government will consult on the issues raised by this amendment and I hope, therefore, that the noble Lord, Lord Cameron of Dillington, will feel able to withdraw it.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

My Lords, I have received no requests to speak after the Minister.