Agriculture Bill

Debate between Lord Wallace of Tankerness and Lord Adonis

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Thursday 23rd July 2020 Lords Chamber

[Lord Wallace of Tankerness [V]]

My Lords, I am pleased to follow the noble Lord, Lord Blunkett, and I can assure him that my wife would be delighted if there were some means of restoring dialogue to “The Archers”. I want to speak briefly in support of Amendment 212, tabled in the names of the noble Lords, Lord Hain and Lord Wigley. Clause 33 is a welcome step forward in making provision for a scheme which will address the long-running issue of a levy on livestock produced in one part of the UK but slaughtered in another being retained in that other part of the UK. This has long appeared to me to be unfair and has been the source of some contention, so the Government are to be commended for their initiative in this clause.

I support the amendment because it puts further flesh on the scheme to be devised by providing for the levy to be repatriated to the devolved Administration of origin, thus making it clearer what a key objective of that scheme should be. Quality Meat Scotland estimates that over £1.5 million of levy on Scottish animals is lost each year due to the fact that some cattle, sheep and pigs produced in Scotland are slaughtered elsewhere in the UK. I rather suspect that little goes in the opposite direction. If such a sum were repatriated, it could be applied to the promotion of quality Scottish beef, lamb and pig products. I therefore support the amendment and I hope that it commends itself to the Minister.

[Lord Adonis (Lab) [V]]

I am not wanting to speak on this amendment.

Private International Law (Implementation of Agreements) Bill [HL]

Debate between Lord Wallace of Tankerness and Lord Adonis

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wednesday 13th May 2020 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, I will make two preliminary points. The first echoes what has been said in many of our proceedings so far this afternoon. Perhaps not surprisingly, as a member of the Constitution Committee, I do not think that Clause 2 should be in the Bill, for all the reasons already outlined both in committee reports and by a number of your Lordships in debates on earlier groups. I have not yet been persuaded or heard any argument to the contrary, so my primary position is that Clause 2 should not be there.

The second point is that, where these amendments relate to jurisdictions within the United Kingdom, it is a question not of whether it should be done but of how. In his response to the first group of amendments, the noble and learned Lord, Lord Keen, gave some good reasons why, as a matter of public policy, there should be certainty in the arrangements, for argument’s sake, for enforcing a Scottish court’s order in England, as there would be for enforcing an English court’s orders in France. Therefore, it is a question not of whether there is merit in having some kind of intra-UK arrangements but rather of how it should be done.

During Second Reading I reflected briefly on this and referred to the briefing from the Bar Council. It is perhaps worth going back to it and reminding ourselves what it said in relation to the provisions in Schedule 6:

“The question, however, whether to apply an international convention’s rules between parts of the United Kingdom is often a very difficult one. Where it is to be applied, extensive amendments to that convention are often appropriate, (an example being the provisions in the Civil Jurisdiction and Judgments Act 1982, which apply a substantially modified form of the European Union rules to intra-United Kingdom cases). The Bar Council is concerned that schedule 6 does not provide sufficient safeguards in this respect and considers that it should be amended to provide the requisite clarification.”


I endorse that. It is not a question about whether it should be done. We have heard that, for example, in the Civil Jurisdiction and Judgments Act 1982 there were requirements to amend or change the rules for intra-UK cases.

It is also important to note that we are giving powers to the national authorities—not just the United Kingdom Parliament but to Scottish Ministers and Northern Ireland Assembly Ministers. As far as I can see—I stand to be corrected if I have not noticed something —these regulations would be brought in without any consultation between the different Administrations. There is no doubt that private international law is a devolved matter as far as the Scottish Parliament is concerned, but negotiating international treaties does not affect the sovereignty of the United Kingdom, and it seems to make some sense that there should be some negotiation, or at least consultation and discussion among the constituent parts of the United Kingdom, before regulations are brought forward. As far as I can see, neither Clause 2(2) nor Schedule 6 makes any provision for that.

My position is that it is not a question about whether it is right and proper that there should be intra-UK arrangements but rather that what is proposed in the Bill does not provide adequate safeguards about how that should be done.

[Lord Adonis]

I have nothing to add to this discussion.

Parliamentary Buildings (Restoration and Renewal) Bill

Debate between Lord Wallace of Tankerness and Lord Adonis

Committee: 1st sitting (Hansard): House of Lords
Monday 22nd July 2019 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, I am happy to speak in support of the amendment that has just been so ably moved by the noble Baroness, Lady Wheeler. It is important we remember that the principal functions of this place are its constitutional, legislative and scrutiny functions. That should not be forgotten. That said, in many of the debates we will have in Committee, we will remember many of the other things that happen in this place. I was going to say it is a village; it is probably larger than that in terms of the number of people who work here. However, at the end of the day, if it were not for the democratic and constitutional functions that take place, most of that other work would not materialise.

Although it is not one I signed, possibly through omission rather than as a deliberate act, the words “at the earliest opportunity” in Amendment 1 are important, because there is an urgency in this: both in starting now and, when the works start, in getting back in as soon as possible. Throughout the whole process, it is important that we try to maintain the pace. We will come later to an amendment I have tabled about timelines. We all know from large public works that there is often a tendency to delay, but I hope that once we get out it will not be very long until we get back in.

[Lord Adonis (Lab)]

My Lords, any amendment which improves the Bill is obviously a good thing, but I was not clear from what my noble friend said how this amendment does so. It is not clear to me how the words,

“as soon as is reasonably practicable”,

and,

“at the earliest opportunity that its work and democratic and constitutional functions can reasonably be delivered in the restored Palace”,

are in any way different. Could my noble friend answer that when she responds?

Parliamentary Buildings (Restoration and Renewal) Bill

Debate between Lord Wallace of Tankerness and Lord Adonis

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 22nd July 2019 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I am very grateful to those who have taken part in this debate and indicated some support for the general approach I was taking. I am very grateful to the Minister for his response and thank him specifically for his update on the planning in relation to Richmond House—although I think it was very clear, or at least implicit in what he said, that there are still possibilities of that taking time. There is the possibility of a challenge if Westminster City Council were to give positive approval. So it is quite clear that there could be some factors that could delay decant.

As the debate unfolded, it seemed that there was some support for having some kind of reporting back to Parliament. I note and understand the point the noble Earl made that if we do it at the consultation stage it could raise expectations, and that the appropriate point would be after the outline business case had been made. He said that if there was a material change, the sponsor body might have to come back. I will reflect and consult with others on whether we want to put something in the Bill on that, rather than just leaving it open-ended about what would be a material change. We may want to do something that would require the sponsor body to continue to update us after the initial approval of the outline business case.

[Lord Adonis]

I thank the noble and learned Lord for giving way. To some extent, this debate is unreal, because there are already dates out there. We have been debating the dates of 2025 for the decant and 2035 for moving in. At every stage of the preparation of the plans, the questions that will be asked are, “Are you sticking to the 2025 date or not? If not, when is it moving to and how long will it be before you get back?”. The idea that the sponsor body—with its chair and chief exec—will be able to avoid publishing and giving its view on this issue is entirely unreal.

[Lord Wallace of Tankerness]

The noble Lord makes an important point. When I was on the Joint Committee on the Palace of Westminster, our expectation was that we might decant in 2023, but it is now clear that that is no longer the case. Dates have been put out there. We need to maintain public confidence in the project, in terms of not only time but cost. Having been one of the first Members of the Scottish Parliament, I recall well what that can mean in relation to building a parliamentary building. To maintain public confidence, it is important that explanations are given. Often things are no fault of anyone—they are just circumstance —but often it helps to explain what the circumstances are. Therefore, it might merit considering whether we can come back to this at a later stage. In the meantime, I beg leave to withdraw this amendment.

European Union (Withdrawal) Bill

Debate between Lord Wallace of Tankerness and Lord Adonis

Committee: 6th sitting (Hansard - continued): House of Lords
Monday 12th March 2018 Lords Chamber

[Lord Adonis]

We will be debating Northern Ireland at greater length later. The Minister said in response to my noble friend Lord Judd that the Government would be bringing forward on Report amendments in respect of the Good Friday agreement—or at least that is what I took him to be saying; no doubt he will clarify his remarks when he rises to speak. Will he tell the Committee more about what those amendments will contain?

[Lord Wallace of Tankerness (LD)]

My Lords, I speak in support of the amendments tabled by the noble and learned Lord, Lord Hope of Craighead, to which I have added my name. I shall try to confine myself to the actual amendments to Clauses 7, 8 and 9. Like the noble Baroness, Lady McIntosh of Pickering, I have not yet had an opportunity to see the amendments to Clause 11 which were laid today, but I suspect that we will consider them in great detail before we come to debate them in Committee next week. Suffice it to say that it is helpful that some information has been forthcoming. I may not necessarily agree with it all but it will shed a helpful light by giving us an indication of the frameworks where the UK Government at least think that there should be a United Kingdom dimension, and hopefully some polish from outside stakeholders may help to inform our discussions when we come to them.

On the amendments moved by the noble and learned Lord, Lord Hope, to Clauses 7, 8 and 9, I shall certainly consider with care what the Minister said at the outset of the debate and then again in response to the noble Lord, Lord Adonis. I thought that perhaps he went slightly further when he responded to the noble Lord, but I shall read carefully what he has said just to see whether this particular part concession has substance. That is because, as the noble and learned Lord, Lord Hope, pointed out, the position with regard to Northern Ireland in Clause 7(7) is not absolute. There are qualifications to it and it will be interesting to see whether there are similar qualifications with regard to Scotland and Wales.

The noble and learned Lord, Lord Hope, also intervened on the noble Lord, Lord Empey, and said that the difference between what is there as regards Northern Ireland in Clause 7(7) as it stands and what we have proposed in our amendment is that Clause 7(7) does not make any provision for the consent of the relevant Scottish, Welsh—or in the case of my noble friend’s amendment—or Northern Irish devolved Assemblies or Parliaments. I do not know enough, and I know that it is dangerous to go into Northern Ireland politics without deep knowledge. However, I will say why our amendment, which gives the opportunity for consent, would be preferable, certainly with regard to Scotland and Wales. Ministers talk generally, and one of the concerns we have is with the breadth of the powers given to Ministers under these clauses, but we do not know whether there might be a genuine cause or reason for an amendment to be made to these founding pieces of legislation. It would therefore be helpful if there was a provision for consent so that it is not done unilaterally.

It might also be helpful looking forward. The noble and learned Lord, Lord Hope, mentioned distrust. That cuts two ways. There is distrust among the Scottish and Welsh Governments as to what United Kingdom Ministers might get up to in using these very broad powers, and there is distrust—I can speak only for Scotland—among UK Ministers that the Scottish Government might well seek to veto something that they might otherwise think is perfectly reasonable. That is holding back quite a lot of the development of a pragmatic and reasonable solution to a lot of these issues. It might be that there will be something akin to the so-called Edinburgh agreement, which paved the way for the amendments to the Scotland Act that allowed the EU and independence referendums to take place, so that we can get some understanding between the Governments that consent would not unreasonably be withheld where a compelling case could be made for it.

The problem we have at the moment is that there is no scope for that at all. It is imposition. It could be a unilateral imposition in a change to the Scotland Act or the government of Wales Acts without any form of consultation or consent at all. As the noble and learned Lord pointed out, Clause 8, certainly in terms of Scotland, and Schedule 5 allow some limited powers for the Scottish Parliament relating to international obligations. Again, we think some provision should be made in Clause 9 for putting a brake on any amendment to, or modification of, the Scotland Act or the Government of Wales Act unless there is the consent of the Scottish Parliament or the Welsh Assembly.

European Union (Withdrawal) Bill

Debate between Lord Wallace of Tankerness and Lord Adonis

Committee: 5th sitting (Hansard): House of Lords
Wednesday 7th March 2018 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, as someone who is a co-signatory of the amendment that was moved by the noble Lord, Lord Foulkes of Cumnock, I support what he said and also endorse what the noble Lord, Lord Cormack, said. This should be a no-brainer.

The United Kingdom Government have agreed with the European Union; the terms of that agreement were set out in paragraph 38 of the document of 8 December 2017, and the noble Lord, Lord Foulkes, has spoken them into the record. If one goes back to paragraph 33 of the same document, it is interesting to read that:

“It is of paramount importance to both Parties to give as much certainty as possible to UK citizens living in the EU and EU citizens living in the UK about their future rights. The Parties have therefore reached agreement on the following specific set of arrangements to implement and enforce the citizens’ rights Part of the agreement”.


Admittedly, a later paragraph suggests that the bestowing of or guarantee of rights will come in the withdrawal agreement implementation Bill, but if one reads the paragraph on the consistent interpretation of citizens’ rights, one will see that there is no such commitment there with regard to a future Bill. It would not be right for this Parliament to pass a Bill which cuts off recourse to the Court of Justice of the European Union when we have already agreed that that avenue should be open in this specific case of ensuring consistency in determining the rights of EU citizens living in the United Kingdom and UK citizens living in the European Union.

I say to the noble Lord, Lord Forsyth, that if at the end of the day there is no agreement and we go crashing out, surely he is not suggesting that we would not honour our commitment. We have made that commitment to European Union citizens living in the United Kingdom and United Kingdom citizens living in the European Union. It must send some very alarming signs to UK citizens living abroad if it is suggested that, should we go crashing out, nothing will be done to establish or secure the rights of those citizens—

[Lord Adonis (Lab)]

Did the noble and learned Lord notice that in the Prime Minister’s Statement on Monday, she specifically mentioned that the United Kingdom might seek to achieve associate membership of certain European agencies? She said that,

“the UK would also have to respect the remit of the ECJ in that regard”.—[Official Report, Commons, 05/3/18; col. 26.]

Now that the Government themselves have recognised that there will be a continuing role for the European Court of Justice, is this not an absolutely appropriate further role that it should play?

[Lord Wallace of Tankerness]

It is not only appropriate as a further role but one we have already agreed to. As the noble Lord, Lord Cormack, said, on many occasions noble Lords from all sides of the House have spoken about securing the rights of EU citizens in the United Kingdom and UK citizens in the European Union. This amendment fleshes that out and it would be wrong to pass a Bill which denied something we have already agreed.

European Union (Withdrawal) Bill

Debate between Lord Wallace of Tankerness and Lord Adonis

Wednesday 7th March 2018 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, Amendment 70A stands in my name and that of the noble Lord, Lord Low of Dalston, and the noble Baroness, Lady Lister of Burtersett. It seeks to insert a new clause on equality and discrimination to ensure that the withdrawal of the United Kingdom from the European Union does not diminish protection of equality in our domestic law.

In their White Paper Legislating for the United Kingdom’s Withdrawal from the European Union, it is fair to say that the Government set out very strong commitments to continuing many of the equality laws that exist. Indeed, on Monday evening the noble Lord, Lord Duncan of Springbank, in replying to a debate on family and employment law, gave a very forthright and unequivocal commitment to retaining employment law and things such as the working time directive after we leave the European Union. On page 16 of that White Paper we were promised that,

“all the protections covered in the Equality Act 2006, the Equality Act 2010 and equivalent legislation in Northern Ireland will continue to apply once the UK has left the EU”.

As I said, the purpose of the amendment is to ensure that that is future-proofed.

It is fair to say that the relationship between the development of equality law in the European Union and domestically in the United Kingdom is almost what you could describe as symbiotic. There is no doubt that in many cases—I think this has already been aired in earlier debates—the minimum standards set down by the European Union have been exceeded by what has been brought in in the United Kingdom. On other occasions, the changes that have come about—for example, in 2003 with the expansion of protected characteristics to cover sexual orientation and religion or belief and a subsequent extension to cover age—have been as a result of European law. However, the extension to cover goods and services saw our domestic law overtake that of the European Union. Therefore, there has been progress, but an important part of that has been our membership of the European Union.

It is important to recognise that the Women and Equalities Select Committee of the House of Commons, in a report in February 2017, concluded:

“Ensuring that equality protections are maintained is not simply a matter of transposing existing EU law. In order to protect rights, the Government needs to take active steps to embed equality into domestic law and policy. The steps we recommend would entrench equality into the UK legal and policy framework and would ensure that the UK retains a strong, undiminished record of equality after it leaves the European Union”.


The purpose of the amendment is to give substance to that conclusion of the Women and Equalities Select Committee in the other place, and I am indebted to the Equality and Human Rights Commission for instigating this amendment.

As I have indicated, equality rights are currently underpinned by EU law. The right to equal pay for work of equal value, the protection of pregnant workers and many others cannot be removed from our domestic law as long as we are part of the European Union. However there are concerns that at some stage in the future a Government—not necessarily the present Government—may seek to erode these rights. The amendment seeks to provide an overarching domestic guarantee of non-discrimination by the state—in other words, a homegrown replacement for the safety net for equality rights which are currently provided under EU law.

Of course, a sovereign United Kingdom Parliament could at any stage repeal this provision but if it is in statute it would be much more difficult to take it away after it has been clearly set out. The Government’s difficulties in trying to remove the Human Rights Act show that when legislation is in statute it achieves a certain safeguard which Governments have to think twice—if not three or four times—about before trying to dismantle.

The right of equality builds on our common law principle of equal treatment without discrimination and is an important signifier of what kind of country we want to be after we leave the European Union. It is similar to what was said in the previous debate on environmental protection. Many of the environmental protection laws have come into the United Kingdom through the European Union. We have often built on them but, as we look forward, we want to be a green country which values fairness and equality.

The amendment’s application would not be confined to Brexit-related legislation but will be an enduring new right in United Kingdom law. It will strengthen protection, for example, for children, who currently have limited protection from unjustifiable discrimination under our domestic law. Subsection (2) of the proposed new clause in the amendment provides:

“All individuals are equal before the law and have the right to the equal protection and benefit of the law… All individuals have a right not to be discriminated against by a public authority”.


Although they sound similar they are different things. Equality before the law means that the law must apply equally to everyone, so outlawing laws that have a directly discriminatory purpose. However, equal protection and benefit of the law means that laws must not have a discriminatory impact or effect unless it is justifiable having regard to the policy aim—for example, a law which caps benefits may apply to everyone but, in practice, a large proportion of those affected may be lone mothers and children and therefore such a law could affect them disproportionately and be incompatible with the new right unless it could be justified.

The proposed new clause also calls for a ministerial statement of compatibility, which parallels what is required in the Human Rights Act. It will support effective parliamentary scrutiny of new laws as parliamentarians in both this House and the other place consider the Government’s explicit policy justification for any potentially regressive measure. The right to challenge discriminatory laws in the courts provides an essential mechanism to ensure that the new right is enforceable by those affected. It will not impact solely on justifiable different treatment, so ensuring that the courts can take account of the policy justification for the measure in question, and will provide the flexibility necessary to deal with new and unforeseen circumstances.

The enforcement mechanism in the amendment is the same as for the convention rights under the Human Rights Act, with which our courts are wholly familiar when considering compatibility of laws with fundamental rights. It is completely different and distinct from the scheme under the Equality Act 2010. The provision will operate alongside existing rights in the Equality Act 2010 but will not replace them. Where the Equality Act 2010 provides an exception to the prohibition of discrimination because Parliament has determined that specific conduct should not be unlawful, this would also be expected to be treated by the courts as justifiable under the new right for the same reasons.

This is an important proposal. It is intended to apply across the United Kingdom but obviously its application in Scotland, Wales and Northern Ireland would require discussion with the devolved Administrations. The amendment seeks to ensure that the equality rights which have been developed as part of our membership of the European Union—of which we are justifiably proud—will be proofed into the future as we leave the European Union. I commend the amendment to the House. I beg to move.

[Lord Adonis (Lab)]

My Lords, I have four amendments in this group. They raise exactly the same issues as those raised by the noble and learned Lord and I have nothing to add.

Crown Estate Transfer Scheme 2017

Debate between Lord Wallace of Tankerness and Lord Adonis

Thursday 23rd March 2017 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, as the Minister indicated, I moved an amendment on Report, and possibly also in Committee, on the Scotland Bill, which the noble Earl, Lord Kinnoull, has already referred to. The Minister has already answered one of the questions I was going to ask, which was whether it was still government policy to have a statement after six months. I am delighted to hear that it is, and we look forward to the statement.

The noble Earl has asked the second question, which is a request for a bit of colour and flavour to the commitment made by the noble Lord, Lord Dunlop, when he was replying to the debate on my amendment and said that the Government would continue to press the Scottish Government to deliver what was promised to the island communities and other communities in the Smith agreement: some detail as to what the Government have been doing to “hold the feet of the Scottish Government to the fire” on this matter, which I think were the words used during the debate. This is a welcome first step in fulfilling the intention of the Smith commission and we hope that onward devolution will become a reality sooner rather than later.

[Lord Adonis (Non-Afl)]

My Lords, I am sorry to add to the questions that have been posed to the Minister, but could she tell the House a bit more about the relationship between the income from the Crown Estate that is being devolved to Scotland and the sovereign grant? Under the Sovereign Grant Act, a substantial proportion of profits from the Crown Estate go to fund the monarchy, and that proportion is rising significantly with the arrangement that the Government have entered into for the refurbishment of Buckingham Palace. The agreement in respect of the Crown Estate profits in England is for 25% to be used that way. Will a similar share of the profits from the Crown Estate in Scotland be allocated to the sovereign grant from the profits of the Scottish Crown Estate under this arrangement? If not, are the Scots making any contribution to the monarchy at all?