Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Bill [HL]

Debate between Viscount Trenchard and Lord Lansley

Committee stage
Thursday 7th December 2023 Grand Committee

[Lord Lansley (Con)]

I take this opportunity to remind noble Lords of my registered interest as the UK co-chair of the UK-Japan 21st Century Group, in so far as Japan is a member of the CPTPP—and, as my noble friend Lord Trenchard said, not only a member but a leading advocate of UK membership, for which we are very grateful.

I am reminded by the opening speech of the noble Lord, Lord Purvis of Tweed, on his amendment, that, in the past, when we have been looking at the free trade agreements into which we have entered with Australia and Japan, in both cases we anticipated that, in time, we would enjoy the protection of our GIs in those countries. As the noble Lord, Lord Purvis, said, where Australia is concerned, that was contingent upon the Australia-EU agreement. As far as I can tell, although the Australian Government have undertaken their own study, there is no such agreement, so presumably there has been no action.

My questions are these. First, are we making any moves with our Australian friends under our free trade agreement with them to proceed, notwithstanding the absence of an EU agreement with Australia? It seems very unwise and unhelpful for us to be tied to the EU agreement. Secondly, Japan was very willing to consider it, but it was going to be considered under its procedures and that was going to take some time. Are we making progress? It would be great to know that we are. I think there is a willing and important market for UK goods with geographical indications and so on in Japan, even where Scotch whisky is concerned. I think this is the case in many other CPTPP countries, so it is quite important that we get that GI protection. I hope my noble friend can say something, if not now then at a later stage, about the progress we are making with Japan and Australia on getting our GIs recognised there.

[Viscount Trenchard (Con)]

My Lords, I entirely endorse what my noble friend Lord Lansley has just said. There is considerable room for confusion between trademarks and geographic indications, a relatively new concept, especially the application of restrictions or protections for geographic indications in countries whose language is not only not English but is far away from any language used in the European Union. Consider, for example, suits. A common word for a suit of clothes in Japanese is “sebiro”, which comes from “Savile Row”. Is that not a kind of geographic indication? I think there is scope for considerable confusion there.

The other amendment in this group, Amendment 34, was ably spoken to by the noble Lord, Lord Davies of Brixton. I worry about giving additional protection to the precautionary principle. Putting too much store by the precautionary principle has led us to be too averse to risk in many aspects of our national life and it is likely to lead to restrictions on the economic growth that we so badly need. Our accession to CPTPP is an opportunity to enhance that growth by developing more trade with the fastest-growing part of the world, including countries which place less store on the precautionary principle. I worry that, if we try to export the unduly cumbersome regulatory regime that we have had until now into countries that are growing faster and which have a more proportionate approach to the subject, it will cause, at best, restrictions on us taking up the opportunities that are available.

Lastly, I entirely agree with the good point made by the noble Lord, Lord Kerr of Kinlochard, that our accession may not take effect until a year or more after the passage of the Act, and so the question of the timing of the report being made to Parliament is a very appropriate one.

Trade Bill

Debate between Viscount Trenchard and Lord Lansley

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 1st October 2020 Grand Committee

[Lord Lansley (Con)]

[Inaudible.]—the view of the right reverend Prelate the Bishop of St Albans that the Government are genuinely committed to achieving our environmental and climate change objectives. In so far as I depart from him and others, it is not in relation to that but in relation to the effect of the amendments.

The amendments in this group have a number of different effects. Amendments 12 and 40 essentially bear upon the agreements to be implemented using regulations made under Clause 2, which, as the Bill is presently constructed, are the roll-over agreements that we started with from the European Union. I have no reason to understand—unless somebody tells me otherwise—that any are inconsistent with our environmental obligations, so I do not understand why it is necessary to put amendments in the Bill to tell us that we should not implement them if they are contrary to those obligations since I do not think that is the case. That is step one.

Step two is that a number of these amendments go further. They want to construct what is essentially a structure for mandating the Government to enter into future international trade agreements only in ways consistent with our international obligations on the environment and a series of other specific requirements. We will encounter this argument again and again during scrutiny of the Bill. My view is that while the Bill is an appropriate mechanism for us to improve the process of scrutiny of future trade agreements, it is not right in this legislation to attempt to construct a list of what the Government are intending to achieve in future trade negotiations. It would be a very long list. Having constructed such a long list, the Government would be unable to conduct any of those trade negotiations with any negotiating flexibility whatever. People could just look at the legislation and say, “We know what the British Government can do, and it is not very much”.

Mandating international trade negotiators in advance also means that we would trespass into the territory of removing from Governments the executive power of the prerogative and executive prerogative. We could do it, but if we are going to do it, we should do it in the context of a major piece of legislation which sets up a statutory framework for doing so. We have no such statutory framework, and I do not think we can conceive that it should be added to piecemeal in this way. I therefore cannot agree with most of Amendments 40, 69 and 73.

Amendment 21 appears to have been constructed simply to prevent the Government implementing any trade agreement with the United States. I do not know of any country outwith the criteria other than the United States, it having issued notice of withdrawal from the Paris Agreement. If I understand the amendment, it would come into effect on 20 November 2020 at the earliest. Expressing a purely personal view, I hope that will not happen and that it will not be necessary.

I want to mention one or two other small things. I do not understand Amendment 14 at all since it seems to replicate what is already in the Bill. We are intending to implement agreements similar to, or the same as, those we entered into as a member of the European Union. If it is saying something other than that, it would introduce a degree of ambiguity which I do not think is desirable.

Amendment 22 does something completely different. It removes the power to modify retained direct principal European Union legislation. We went over this in some detail the previous time this Bill was before us, two years ago. I still do not understand why this is necessary in so far as the power is already in the Government’s hands under Schedule 8 to the EU withdrawal Act 2018. Perhaps the Minister will explain why it is additionally necessary to legislate in this way now.

Finally, although the noble and learned Lord, Lord Judge, is not with us, his spirit moves with us none the less. If one looks at Clause 2(6) one will see that line 26 states:

“Regulations under subsection (1) may, among other things, make provision”


and then there is a list. On 20 March 2019, the noble and learned Lord, Lord Judge, asked what “among other things” meant and why that phrase was there. The subsection is there to say that the regulations may make provision in a number of specific respects, but the drafters have given Ministers additional freedom to do what exactly? Since these are roll-over agreements, it seems to me that the words “among other things” are not necessary. At the time, my noble friend Lady Fairhead said that it was an interesting point and she would take it away and think about it. Therefore, if they have thought about it, they have put it back in the Bill having thought about it, or else they did not think about it and have simply reproduced the Bill and it is as pointless now as it was then. Perhaps the Minister will kindly tell us what “among other things” in that line means.

[Viscount Trenchard (Con)]

My Lords, I understand the intention of the noble Lord, Lord Grantchester, and the other noble Lords who have signed his Amendment 12. As the Committee should be aware, the United Kingdom has been a leader in standing up internationally for high environmental standards around the world. As the Minister made clear at Second Reading, all the continuity agreements that we have been and are negotiating are fully compliant with our international obligations, including the Paris Agreement on climate change. It is unnecessary to constrain the Government’s freedom in negotiating trade agreements with countries, including developing countries which may not have adopted the same environmental standards as we have, because that might have unintended consequences. Furthermore, the Paris Agreement targets only carbon reduction, but does not fully address the equally great national security challenge of providing clean energy for the whole planet, particularly in a world that needs more energy, not less.

As for Amendment 14 in the name of the noble Lord, Lord Stevenson of Balmacara, and my noble friend Lady McIntosh of Pickering, I am not quite sure what its purpose is. As I understand it, it would prohibit the application of the powers created in this clause for the purposes of an enhanced continuity trade agreement such as that which we have agreed with Japan. Why would the noble Lord and my noble friend wish unduly to restrict the freedom of our negotiators to take any available opportunity to include enhancements to any continuity agreement?

As for Amendment 21 in the name of the noble Lord, Lord Oates, I oppose it for the reason suggested by my noble friend Lord Lansley. It seems to me that it is designed to prevent a trade agreement with the United States, and that would have a negative effect on the economy and deny opportunities to British exporters and food producers.

Amendment 40, also in the name of the noble Lord, Lord Oates, is similarly unnecessary. In any case, your Lordships have received repeated assurances that none of our continuity agreements will deviate from the high standards that we apply to environmental issues, similar to human rights, as debated in a previous group. The Minister has already reassured the Committee that the Government will continue to publish parliamentary reports with each continuity agreement.

It will not surprise my noble friend Lady McIntosh of Pickering to hear that I do not support her Amendment 69. It is clear that the Food Standards Agency has the powers to permit, or not, the sale of any foods which might be imported under FTAs. The amendment also seeks to require alignment of our agricultural marketing standards with those of the EU, which we have left. I agree with my noble friend that high animal welfare standards are a laudable objective, and we have done relatively well in this country in this area. However, I think she is incorrect to argue that animal welfare is exactly the same as animal health and hygiene. We will be free to set our own regulations after the end of the transition period. I earnestly trust that we will move quickly to adopt standards that are WTO compliant, unlike those of the EU, which in certain respects conflict with the WTO’s SPS agreement.

As my noble friend the Minister said at Second Reading, it is not within the gift of the UK Parliament to legislate on animal welfare standards for overseas countries. The Government have been clear that we have no intention of lowering standards, and we have fulfilled this commitment through our deeds. None of the 20 agreements already signed has reduced standards in any area. As the Minister said at Second Reading, it will be the job of the food standards agencies to ensure that all food imports comply with the UK’s high safety standards and that consumers are protected from unsafe food that does not meet those standards. Decisions on those standards are a matter solely for the UK and are made separately from any trade agreements. I ask the Minister to confirm that that remains the Government’s position.

For similar reasons, I am also opposed to Amendments 73 and 74 in the name of the noble Baroness, Lady Jones of Moulsecoomb. In any case, does my noble friend the Minister not agree that the Government would obviously not seek to enter into an international trade agreement without any merit with any nation? Neither should we expect only to enter into agreements which share precisely our positions on all multilateral environmental agreements.