Data Protection and Digital Information Bill

Debate between Viscount Younger of Leckie and Lord Stevenson of Balmacara

Committee stage
Wednesday 24th April 2024 Grand Committee

[Viscount Younger of Leckie (Con)]

Indeed, I think we are going back to the debates that we had on Monday. However, this chimes with a question from the noble Lord, Lord Clement-Jones, so it might be helpful briefly to rehearse what we are doing here and to be clear about the limitations and the checks and balances on the power that we are bringing forward.

As per paragraph 1(2) of Schedule 11 to the draft legislation, the DWP can use this power only for the purposes of checking whether someone is eligible for the benefit that they are receiving. In practice, this means that the DWP will request information only on specific criteria, which I laid out on Monday, linked to benefit eligibility rules, which, if met may—I emphasise “may”—indicate fraud or error. If accounts do not match these criteria, no data will be shared with the DWP. The effect of paragraphs 1 and 2 of the draft legislation is that the DWP can ask for data only where there is this three-way relationship between the DWP, the third party and the recipient of the payment. In addition, the DWP can ask for data only from third parties designated in secondary legislation, subject to the affirmative procedure. There are debates to come as further reassurance to your Lordships.

As per paragraph 4(2) of Schedule 11 to the draft legislation, the power does not allow the DWP to share personal information with third parties, which means that the power can be used only with third parties who are able to identify benefit recipients independently. Just to add further to this, we are obliged, under Article 5(1)(c) of the UK GDPR, to ask only for the minimum of information to serve our purposes. In accordance with the DWP’s existing commitments on the use of automation, no automatic benefit decisions will be taken based on any information supplied by third parties to the DWP. As I said earlier and on Monday, a human will always be involved in decision-making. I hope that helps.

[Lord Stevenson of Balmacara (Lab)]

I am sorry to interrupt the noble Viscount, but I just want to be clear about what he is saying in relation to the code of practice, which obviously is at the heart of this section of the debate, although there will be other things to come. Am I right that he said—obviously he has to cover himself—that there is a chance that the Report stage of this Bill might be entered into before we have sight of the draft code of practice? He makes the point that that is not an unusual occasion. I understand that—we have both served in Parliament long enough to know that that is the case—but this is clearly an issue on which the Committee has made very strong representations to the Government. Will he do what is in his power to make sure that we do not enter Report without seeing at least an early draft, if that is possible, of the code of practice?

[Viscount Younger of Leckie (Con)]

I will certainly take that back. I do not want to make any commitments today. I have already set out our stall as to where we are. I make the further point—I am perhaps repeating myself—that given the sensitivities that there clearly are, which I have been listening to carefully, it is important that this code of practice is developed at a pace that is right for what is needed, in bringing those involved along and making sure that it is right, secure, safe and with all the safeguards involved. It is quite a serious piece of work, as noble Lords would expect me to say. I will take that back. I will certainly not be able to guarantee to produce anything before Report, which may disappoint the noble Lord, but at least I have gone as far as I can. I hope that that is helpful.

[Lord Stevenson of Balmacara (Lab)]

I am grateful to the noble Viscount. This is just a thought, but we are happy to help, as we often have done in the past on other Bills. If there is any opportunity for us to be shown early drafts, to give some help and assurance to the noble Viscount that he is on the right track, I am sure that that would be accepted.

[Viscount Younger of Leckie (Con)]

I appreciate the tone of the noble Lord and, if there is anything that comes from behind me before I conclude my remarks, to be helpful, I will certainly do that.

Our debates on this measure have covered many issues. This group, as mentioned earlier, focuses primarily on the operational delivery of the power, so it would be quite good to move on. Just before I do, for the benefit of the noble Lord, Lord Anderson, in terms of the late introduction—his words—of this measure, as mentioned on Monday the DWP published a fraud plan in May 2022, where it outlined a number of new powers that it would seek to secure when parliamentary time allowed. In the parliamentary time available, DWP has prioritised our key third-party data-gathering measure, which will help it to tackle one of the largest causes of fraud and error in the welfare system. That is a short version of what I said on Monday, but I hope that it might be helpful.

Before I turn to the amendments, it might be helpful to set out how the legislation will frame the delivery of this measure. When we issue a request for data to a third party or, as it is set out, an account information notice or AIN, which is in the Bill, we can only ask it to provide data where it may help the DWP to establish whether benefits have been properly paid in accordance with the rules relating to those benefits. As mentioned earlier, this is defined clearly at paragraph 1(2) of the new schedule. This is where the data that DWP receives may signal—to use the word raised by the noble Lord, Lord Clement-Jones—potential fraud and error. The noble Lord asked for further clarification on that point. To be clear, a signal of fraud and error is where the rules of benefit eligibility appear not to be met. For example, this might be where a claimant has more capital than the benefit rules allow. As I made clear on Monday, all benefits and payments have rules that determine eligibility, which Parliament has agreed are the right rules in its consideration of other social security legislation. To issue an AIN, we must also have designated a third party in affirmative regulations, which need to be passed by both Houses.

As has been covered, we can also only request data from third parties where there is this relationship, which I will not repeat again and which I think the Committee will be familiar with. Our intention is to designate banks and financial institutions as the first third parties that we can approach, enabling us to request information on accounts only held in the UK. Just to clarify that point, we will not be able to request information on overseas accounts.

On the question raised by the noble Baroness, Lady Sherlock, on examples of non-financial organisations that the power could appropriately be used on, we will bring forward regulations to specify the data holders in scope. I hope that this is helpful. In the first instance, this will be, as mentioned, banks and financial institutions. The power also has potential use cases with other third parties, such as housing or childcare providers, but, just to reassure the Committee, this would be subject to further parliamentary approval.

House of Lords: Politically Exposed Persons

Debate between Viscount Younger of Leckie and Lord Stevenson of Balmacara

Thursday 25th November 2021 Lords Chamber

[Viscount Younger of Leckie (Con)]

The guidance provides clarity on how firms should apply the definitions of a PEP in the money laundering regulations in the UK context. This includes providing that firms should treat only those in the UK who hold truly prominent positions as PEPs and not apply the definition to local government, more junior members of the senior Civil Service or any military officials other than the most senior. On casinos, my noble friend will know that they are regulated by the Gambling Commission. Again, I offer my sympathy with the points raised.

[Lord Stevenson of Balmacara (Lab)]

My Lords, like many others, I and my family have suffered delays and significant loss of services because of the poor and inconsistent interpretation of this measure, which might be founded on good sense but is being applied poorly. The FCA is currently preparing to introduce a duty of care—a new approach to the way in which financial institutions are meant to deal with their customers. Does the Minister agree that the fundamental change of approach configured by that provides us with another opportunity to get this issue sorted once and for all?

[Viscount Younger of Leckie (Con)]

Again, this is further anecdotal evidence that has come forward. In line with the FCA guidance on PEPs, in lower-risk situations a firm may take measures to simplify the enhanced due diligence checks. This should include seeking to make no inquiries of a PEP’s family or known close associates, or taking less intrusive and less exhaustive steps. The oversight and approval of the relationship takes place at a level less senior than board or director level. I hope that the meeting that has been mooted will iron out these issues, but clearly they are there.

Trade Bill

Debate between Viscount Younger of Leckie and Lord Stevenson of Balmacara

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

[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, I am very grateful to my noble friend Lord Hain for pursuing these issues of such immense importance to the lives and prosperity of the people who live on the island of Ireland. I thank all those who have contributed to this rather good debate on the issues he raised. As the noble and right reverend Lord, Lord Eames, reminded us, successive UK Governments of all political colours have supported the people of Ireland and the peace process.

These amendments speak to that history. The Northern Ireland protocol is now the definitive statement about how trade in goods, but not services, is to be organised going forward. However, as my noble friend Lord Hain said, it must be supported, and, as the noble Baroness, Lady Ritchie, reminded us, it is really complicated. Amendment 26, which we support, raises how future UK FTAs will impact trade in goods and services in Northern Ireland, with particular reference to any discrimination which might arise, directly or indirectly.

The Minister will almost certainly say that we should not worry and that all the issues raised today are covered. Indeed, the noble Baroness, Lady Neville-Rolfe, urged us to move on. However, as my noble friend Lord Hain said, future free trade agreements may well raise issues, and he is right to insist that this Bill makes the position crystal clear. As the noble and right reverend Lord, Lord Eames, warned us, the absence of such a clause may have a disproportionate impact on the current situation. We should heed carefully his words about fear and uncertainty ahead and do what we can to mitigate it.

I agree with the noble Lord, Lord Cormack, that the Government should offer to bring this issue back at Third Reading, but I am not optimistic. If they do not, we will support my noble friend Lord Hain if he decides to divide the House.

[Viscount Younger of Leckie (Con)]

My Lords, I thank the noble Lord, Lord Hain, the noble Baronesses, Lady Ritchie of Downpatrick and Lady Suttie, and my noble friend Lady Altmann for their amendments.

Amendment 17 strives to make the ratification of any future UK-EU trade agreement conditional on compliance with the Northern Ireland protocol. As noble Lords will be aware, and as the noble Lord, Lord Hain, himself has said, we have been overtaken by events—I think the word used by the noble Baroness, Lady Ritchie, was “eclipsed”—and the EU-UK trade and co-operation agreement has now been ratified. Noble Lords will also be aware that we remain fully committed to implementing the Northern Ireland protocol.

However, I am happy to provide further reassurances in my remarks today—I hope I will be able to do so. Our commitment is demonstrated by the agreement we have reached with the EU in the withdrawal agreement Joint Committee on the implementation of the Northern Ireland protocol. To reassure my noble friend Lady McIntosh, this upholds unfettered access for Northern Ireland businesses to their most important market, eliminating any requirement for export declarations for goods moving from Northern Ireland to Great Britain. It safeguards Northern Ireland’s place in the UK’s customs territory, establishing the platform to preserve tariff-free trade for Northern Ireland businesses, protect internal UK trade and maintain the UK’s VAT area.

On the question raised by my noble friends Lady McIntosh and Lady Neville-Rolfe on supermarkets, the Government acknowledge there are some teething issues and are working closely with the relevant stakeholders to urgently iron them out. The issues are being addressed, to give some reassurance.

Trade Bill

Debate between Viscount Younger of Leckie and Lord Stevenson of Balmacara

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Tuesday 15th December 2020 Lords Chamber

[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Cormack, who often dominates our proceedings from his position on the Conservative Benches—even when he is not physically present, he still has a lot to contribute. He put his finger on a number of important points in this short debate on the mobility sector.

The noble Baroness, Lady Noakes, as she is often wont to do, accused everyone who spoke in support of this amendment of trying to relive the Brexit debate. I hope that, when she reads the debate properly in Hansard and reflects on what has been said in response to her already, she will realise that that is way off course. My noble friend Lord Foulkes put it in his traditional bullish way, but he had a point. We are looking to a future that is not the same as the past, but a future with a significant disjuncture—the leaving of the EU—and this is here so that we can think again about how our future economic prosperity can be lodged in the things that make Britain a very successful economy, when we get it all right.

In introducing the amendment, the noble Lord, Lord Fox, made a number of key points in support of his argument. The best was about how this suggestion for mobility must sit in the context of our services industries, which he and others pointed out are the majority part of our economy. He also said—it is very important to bear this in mind—that most trade in physical goods these days has a services component. We have heard examples in recent debates about Rolls-Royce; although it supplies bits of parts and elements for aircraft and other machinery, it mainly makes its money from the service contracts accompanying them. The key to delivering that is flexibility so that, as the noble Lord, Lord Fox, put it, people are happy with the product they buy. There are cultural and social benefits as well.

The noble Earl, Lord Clancarty, and the noble Baroness, Lady Bull, made very powerful arguments in support of our creative economy. I liked the phrase used by the noble Baroness, Lady Bull—the “human-gathering industries”. It is the first time I have heard that, but it may be more common in other debates and discussions. Our ability to create economic activity around the interaction of people clearly depends on people being able to move around and join together. Hospitality and other service industries rely on that, and it is very important that we get that right; it is what we do best in this country. We make most of the money that keeps our services going through that, and we must make sure that we have the right circumstances for it.

The narrow point about the cultural industries was, of course, made strongly by the noble Earl, Lord Clancarty. He has a long and distinguished record of saying important things about the creative industries in your Lordships’ House, and we should listen to him. It is a key sector of our economy and, of course, it depends on people travelling to perform or create in a way that is not true of many other traditional industries, but that is no reason to discriminate against it—indeed, we should do the opposite.

The old system we used to operate under, successfully, for many years has gone. We have to think about the new one, and we should not erect barriers to that. I am sure that the Minister will deal in detail with the points made when he responds, but will he answer a particular question that I have? It is noticeable that the free trade agreements being negotiated by his department, such as the recently signed Japanese agreement, often have a mobility component. Can he confirm that that is likely to be a feature of many of the free trade agreements going forward and, if so, in what way will that assist the noble Lord, Lord Fox, and those who have supported him in this debate?

[Viscount Younger of Leckie (Con)]

My Lords, I start by giving my sincere thanks on behalf of the House to the technical staff for—how should I put it?—rebooting the House successfully. We remain indebted to them for their essential, continuing support.

Turning to Amendment 13, tabled by the noble Lord, Lord Fox, as I outlined in Committee, the Government have made it clear that our priority is to ensure that we restore our economic and political independence on 1 January 2021, as my noble friend Lady Noakes iterated. The rather depressing “new normal” that the noble Lord, Lord Wigley, outlined plays no part in our vision. I say to the noble Lord, Lord Foulkes—I think I have pronounced his name correctly—that we do need to move away from talking about Brexiteers and remainers. As the noble Lord, Lord Stevenson, said himself, we should look forward, because we want a relationship with the EU which is based on friendly co-operation between sovereign equals and centred on free trade.

We know that it is important for businesses to be able to send their employees to deliver services on a temporary basis. This was reflected in the debate in Committee, where several noble Lords noted the importance of these arrangements for service industries, which are a crucial part of the UK economy, as the noble Earl, Lord Clancarty, emphasised. I would like to pick up on his remarks, as well as those of the noble Baroness, Lady Bull. They are both absolutely right: there is a lot of talk, correctly, about the creative industries and, in particular, the importance of orchestras going on tour. This includes EU orchestras coming to the UK and touring here, and, equally, UK orchestras touring around the EU. It is very important indeed that that should continue, as well as in respect of touring companies. As I said in Committee, we are open to negotiating on the EU reciprocal arrangements that would and should allow this to happen, building on the provisions that are standard in trade agreements. By the way, this should include allowing lawyers practising both in the UK and the EU to have reciprocal arrangements, an issue raised by my noble friend Lady McIntosh.

A reciprocal agreement based on best precedent will mean that, on a short-term basis, UK citizens will be able to undertake some business activities in the EU without a work permit. This would also apply to EU citizens making business visits to the UK. Task Force Europe, led by Lord Frost, is negotiating the precise details, including the range of activities, the documentation needed and the time limit. I was interested in the good example given by the noble Lord, Lord Fox, of German technicians needing to come to the UK, often urgently, to undertake work over here. I suspect that this may come from his experience in the aerospace industry. As he will know, the commitments on mode 4, which sets out the terms under which businesspersons can move between trading partners, are a feature of every free trade agreement that covers services.

--- Later in debate ---

[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, this has been a very good debate, and we have ranged far and wide across the issues raised originally by the noble Lord, Lord Oates, and picked up later by the noble Baronesses, Lady Boycott and Lady Bennett, with their amendment. The noble Lord, Lord Oates, makes good points about future trade agreements needing to tie us to the net-zero carbon and other environmental standards that we have and points out the need for consistency of government policy across all the areas involved, not least trade, to achieve that. We need to think very carefully about how our new trading agreements, which the Government are very keen to see signed, and which we support, will use the climate change focus as they move forward.

When the Minister responds, he will undoubtedly say that we have very high standards and will never negotiate them away, but he must admit that the Agriculture Act 2020 has a non-regression clause covering environmental issues. So we look to him to reassure us that our standards are high and will not be diminished, but also to say why he is not prepared to see these broader issues, such as the environment and others, included in the Bill, because that seems to be how the Government are thinking with this policy.

Other noble Lords who have spoken in the debate have argued that we should do more than simply respect our own standards in the trade agreements and deals that we want to do. The noble Baroness, Lady Boycott, was very strong on the need to live up to our role as a leading advocate of decarbonisation and to lead the way for others. Again, her argument was that putting that in the Bill would be key, since it would show the world not only that we have the arguments and are practising what we preach but that we have a proselytising role to play in relation to the wider world.

It was good to hear the noble Earl, Lord Sandwich, and the noble Lord, Lord Curry, supporting points that have been made in this debate—particularly the view of the noble Earl that there are very few doubters left in Parliament. He may be wrong about that; I think there are one or two scurrying around. He also points out that the department has a bit more to do before it is walking the walk. We should think about that. He made a good point about the recent agreement with Japan and the lack of alternative energy proposals within it. The noble Lord, Lord Curry, also made a good point about how not just farmers, whom he mentioned, but the wider public want the Government to reach further on this to find zero-carbon targets in all that they do—and that of course applies to imports.

I look forward to hearing the noble Lord’s response. He will understand that we think we will come back to this, perhaps not in the form of this amendment but on other related issues about non-regression of standards, as we progress through the Bill.

[Viscount Younger of Leckie (Con)]

My Lords, Amendment 14 in the names of the noble Lords, Lord Oates and Lord Purvis, alongside the noble Baroness, Lady Boycott, seeks to prevent the Government from signing international trade agreements or laying an international trade agreement under CRaG, unless they confirm to Parliament that the agreements are compliant with domestic and international environmental obligations.

I assure noble Lords that we remain firmly committed to upholding high environmental standards. We understand and share the public’s concern about protecting our natural environment. Having been lucky enough to visit both Antarctica and the high Arctic in the last five years, I can relate to the remarks of the noble Baroness, Lady Boycott, who cited Sir David Attenborough’s deep concerns about our planet. She is right and he is right. I have seen climate change for myself and it is real.

I take great pride in stating again that none of the 28 agreements signed with 57 countries has diluted standards in environmental protections. We have voluntarily published parliamentary reports for your Lordships’ reference, alongside every continuity agreement, which provide evidence of our commitment to environmental protection and sustainability. To be helpful to the noble Lord, Lord Curry, over 130 hours of debate on the Bill and its 2017-19 predecessor, no Peer or Member of the other place has been able to identify a single example of any of our continuity agreements undermining our domestic or international environmental obligations. I do not believe that any example was provided in this debate either. My noble friend Lord Trenchard made this point in a powerful speech, and I believe he is right.

The Government have been very clear that any future trade agreements must uphold high standards in the protection of the environment. We will not compromise on this. I remind your Lordships that the EU (Withdrawal) Act already provides legislative underpinning by transferring the EU’s rigorous standards on environmental protection and sustainability on to the UK statute book in full. Our high regulatory standards are not dependent on EU membership.

The remarks of my noble friends Lady McIntosh and Lord Trenchard hinted at our approach. We are using trade policy to promote the clean growth and climate change objectives of Her Majesty’s Government, helping to deliver the full economic benefit of the UK’s shift to a low-carbon economy. The energy White Paper, published just this week, underlines our ambition in this space, and your Lordships will be aware that a Statement will be repeated in the House tomorrow on this very subject.

The UK has often been a leader in the development of environmental standards, and we go significantly further than our trading partners. The UK was the first country in the world to introduce legally binding greenhouse gas emission-reduction targets through the Climate Change Act 2008. We were also the first major economy in the world to set a legally binding target to achieve net-zero greenhouse gas emissions across the economy by 2050. In our outline approaches to free trade agreements with the US, Japan, New Zealand and Australia, we have committed to securing provisions that will help trade in low-carbon goods and services, supporting R&D and innovation in sectors such as offshore wind. My noble friend Lord Sheikh cited the importance of this sector in his remarks.

The UK is already a global leader in offshore wind, with the largest installed capacity in the world. The UK aims to produce enough offshore wind to power every home, quadrupling how much we produce to 40 gigawatts by 2030. The UK could also establish a first-mover opportunity to develop advanced operations and maintenance services in wind farm decommissioning, which could become a £53 billion market by 2050.

Additionally, as many noble Lords are already aware, on 18 November, the Prime Minister—who by the way is taking a lead—set out his 10-point plan for a green industrial revolution. Covering clean energy, transport, nature and innovative technologies, the Prime Minister’s blueprint will allow the UK to forge ahead with eradicating its contribution to climate change by 2050. All of this will come in the year that the UK chairs the COP 26 summit in Glasgow, as the noble Baroness, Lady Bennett, mentioned.

These are not the actions of a Government intent on reducing environmental standards—far from it. This is one of the most ambitious climate agendas in the world. I wholly disagree with the noble Lord, Lord Oates, who said that we just offer warm words on climate change and no action plans. He could not be further from the truth on this. I was particularly pleased to see that the former Vice-President Al Gore, either today or yesterday, praised the UK’s leadership in banning the sale of petrol and diesel vehicles by 2030.

I remind your Lordships that we are seeking only to replicate EU trade agreements to which we already enjoy access. If this amendment applied to our continuity programme, it would result in up to 40 ministerial Statements, all of which would be nearly identical, confirming that we are replicating the status quo.

Amendment 21 is in the names of the noble Baronesses, Lady Bennett and Lady Boycott. As I have explained, our continuity agreements, the implementation of which is provided for by the Bill, are fully aligned with environmental obligations such as the UN sustainable development goals and the Paris climate change conference, and will remain so, as the Bill seeks to replicate existing EU agreements. It is indeed good news that President-elect Biden has iterated his support for the Paris Agreement, as the noble Lord, Lord Foulkes, remarked.

ClientEarth, the Trade Justice Movement, the NFU, the CBI and others all agree with the objectives of this work. As set out in the 25-year environment plan, our ambition is to be the first generation to leave the natural environment in a better state than we found it. As I reassured your Lordships not long ago, our continuity agreements are in full compliance with every other international convention named in the amendment, whether it was passed at the UN level or through other multilateral fora.

This amendment would also require the publication of an environmental report for every continuity agreement that we signed, and then additional update reports to be tabled every 12 months. This would result in over 100 reports over the lifespan of this Parliament, for a set of continuity agreements that simply replicate existing FTAs to which we are already a party. Surely noble Lords will agree that this is neither necessary nor proportionate. I listened carefully to the remarks of the noble Baroness, Lady Hayman, but I will have to write to my noble friend Lord Caithness, who asked questions about what the reports were, where they were coming from and whether they would report on health and the environment. I pledge to do that.

We already publish a parliamentary report alongside each agreement laid under CRaG, setting out our approach to delivering continuity, and will continue to do so for all remaining continuity agreements that we sign. These reports confirm our replication of sustainability chapters in EU agreements.

The Government have always been clear that we are wholly committed to the preservation and improvement of the environment. The continuity agreements we have signed thus far maintain our commitment to vigorously defending and upholding environmental standards. As such, I ask the noble Lord and noble Baroness not to press their amendments.

Trade Bill

Debate between Viscount Younger of Leckie and Lord Stevenson of Balmacara

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 7th December 2020 Lords Chamber

[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, I am grateful to the noble Baroness, Lady McIntosh of Pickering, for raising this issue and, through her, to the Law Society of Scotland for reminding noble Lords of some of the detailed points which we often ignore when we put down amendments, particularly at this stage of a Bill’s progress. As the noble Baroness said, and as was picked up by the noble Lord, Lord Purvis of Tweed, some rather unforeseen issues are now arising, particularly in relation to the rollover agreements which were originally intended to be done and completed by 31 December but which, for a variety of reasons, are not going to be. Some of them are being done under emergency power provisions; some will not be done at all. We need to have on the record from the Minister where exactly these will fit in the structure of this Bill. I look forward to his response.

[Viscount Younger of Leckie (Con)]

My Lords, I turn to Amendments 2 and 3, tabled by my noble friend Lady McIntosh of Pickering, which seek to restrict the Clause 2 power so that it can only be used to implement agreements which are “wholly or substantially similar” to previous EU agreements. I can assure noble Lords that all the continuity agreements that we have signed to date have stayed true to our mandate of replicating the predecessor EU agreements, and that will not change for those that we are yet to conclude.

As noble Lords know, we have voluntarily published parliamentary reports for your Lordships’ reference alongside every continuity agreement, which outline any differences required to make the agreements operable in a UK context. As those reports show, none of our continuity agreements have diverged significantly from previous EU agreements. None of the debates in which these agreements have been discussed has resulted in a negative resolution. During the passage of this Bill, we have heard suggestions that the Government are delivering agreements which go above and beyond continuity, and that a more extensive scrutiny process is therefore required for them. The evidence is clear that this is not the case. We are seeking only technical changes to make agreements function in a UK-specific context, meaning that the current scrutiny measures are fit for purpose. I know that noble Lords will point to the recent UK-Japan CEPA. It is correct that that agreement goes further than the EU-Japan EPA in areas including digital trade. However, as your Lordships are aware, as the Government knew that this agreement would go beyond continuity, we provided enhanced parliamentary scrutiny of it.

Setting the UK-Japan CEPA to one side, your Lordships will appreciate that technical changes are required in some areas to allow agreements to work in a UK bilateral context. In these circumstances, the Clause 2 power could be used to make technical changes to UK domestic law to ensure the obligations under the agreement are met. The power in Clause 2 is therefore essential to allow us to implement in domestic law the obligations that arise from continuity agreements. The substantially similar wording is unfortunately ambiguous and could lead to uncertainty as to whether a trade agreement could be implemented via the Clause 2 power. The effect of this could be a possible disruption to concluding and implementing continuity trade agreements, potentially resulting in a gap in preferential trading relationships after the end of the transition period.

To paraphrase what the noble Lord, Lord Purvis, and my noble friend Lady McIntosh, said, they asked: “Why not put this on the face of the Bill, and if the power is not needed to transition trade continuity agreements, why do we need it at all?” As stated in the impact assessment and Explanatory Notes, the Trade Bill is not needed to transition trade continuity agreements themselves. However, the power will provide the implementing powers necessary to fully implement trade continuity agreements over time and in all circumstances. The Clause 2 power is intended to be used only to ensure that a limited number of obligations in these trade continuity agreements, particularly in relation to procurement and mutual recognition, are fully implemented in domestic law via secondary legislation.

I hope that with those explanations, my noble friend Lady McIntosh is reassured that our use of this power will be limited to continuity agreements that faithfully replicate predecessor EU agreements. As a result, I ask my noble friend to withdraw her amendment.

Trade Bill

Debate between Viscount Younger of Leckie and Lord Stevenson of Balmacara

Committee stage
Thursday 15th October 2020 Lords Chamber

[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, I thank my noble friend Lord Rooker for his very good probing amendment. He has a habit of picking up on issues which, on first sight, seem not to be mainstream—but he is absolutely right that this is important, and I think it will be of long-lasting concern.

We believe that the creation of the Trade Remedies Authority is both necessary and welcome, but we are worried that, as presently constituted, the TRA lacks the stakeholder engagement or parliamentary oversight and accountability that would give it the visibility and independence that it needs. To this list, thanks to my noble friend Lord Rooker, we should add the question of transparency. It is up to the Minister, when he comes to respond, to explain how independence and accountability will be achieved without the TRA having the power to publish such information as it sees fit. I look forward to his response.

[Viscount Younger of Leckie (Con)]

My Lords, Amendment 80, in the name of the noble Lord, Lord Rooker, seeks to provide additional powers for the Trade Remedies Authority to publish information that it holds and advice it provides to the Secretary of State. This was not an amendment raised during the passage of the 2017-19 Bill, so it is interesting that he has chosen to raise it now. However, I fully recognise his desire to ensure that the TRA is impartial, objective and transparent, and I appreciate the opportunity to debate this aspect briefly. As I have said, the Government share these objectives. As can be seen from the trade White Paper that we published in 2017, they have been our guiding principles in establishing the TRA as an independent body. They are at the very heart of the trade remedies system set out in the Taxation (Cross-border Trade) Act 2018 and in the Bill.

The role of the TRA is to gather and assess information from manufacturers, businesses and others to establish whether there is evidence that trade remedy measures are needed to protect domestic producers from injury caused by unfairly traded imports. The TRA’s decision on whether to recommend the imposition of measures will be dictated solely by the evidence available to it, in accordance with WTO rules, as implemented into the United Kingdom’s own legal system, and nothing else.

Trade Bill

Debate between Viscount Younger of Leckie and Lord Stevenson of Balmacara

Committee stage
Tuesday 13th October 2020 Lords Chamber

[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, we have had a very interesting debate at a very high level. Of course, that is inevitable if you have a former Secretary of State and a former Minister of the Province lending their expertise and knowledge to the issues that we have before us. My noble friend Lord Hain was very precise when he said that it was a difficult group to speak to, because there seemed to be two parts to it, and almost a third one with the trader support service, as we have discussed. However, I think we gained by having all three amendments discussed together, focusing on all the problems facing this troubled area, and by having drawn to our attention, which we need from time to time, the hope and enthusiasm that there is for a future in the Province as a result of the changes that were brought forward through the Good Friday agreement and subsequently.

I just have two or three small points to make. My noble friend Lord Hain was right to suggest that, irrespective of recent events, we probably would have wanted to return to this issue in this Bill at this time from the prospect of international trade because of the concerns of people in the Province about how they will be treated as part of the United Kingdom. That has doubled in focus—if that is a possible term—because we are now aware of the machinations that the Government have thrust into the debate by seeking to legislate in the internal market Bill; but, of course, that will be for next week. We have to deal with where things are at the moment, with the international outrage over the breaches in international law that have been threatened. It is right, therefore, to ensure that, at the end of the day, the Government are forced to respect the law as it currently stands and have no wiggle room to change it.

Secondly, picking up the points made by both my noble friend Lord Hain and the noble Baroness, Lady Ritchie, there is much more to the Northern Irish protocol than simply issues relating to the border, important though they are. It would be completely beyond any sensible movement if we were to engage in a process that led to a block or discouragement in growth in the confidence and security that the Good Friday agreement has provided across all aspects of everyday life in Northern Ireland. It is, indeed, the cornerstone of peace and security there, and we change it at our peril.

Turning to Amendment 65 and the questions that it raises about the Irish Sea and its position in relation to the borders of both the European Union and Great Britain, I am beginning to think that this is beginning to adopt some of the aspects of the Schleswig-Holstein question of the last century or two, or even of Schrödinger’s cat, since we are talking about trying to legislate for an area that is simultaneously both a member of two customs unions and subject to variables in terms of the operation of the law, depending on which way it is facing. My noble friend Lord Hain was right to point out that we still do not know enough about where the EU-UK agreement will leave us; we do not know how the protocol will operate in practice and what will happen in the next few years; and we are uncertain about where the Northern Ireland operation will be in relation to the free trade agreement with the EU. Will it align more towards the EU, or will it be more like the FTAs that the UK will negotiate; and if that is the case, how will we make sure that they are properly applied? There are lots of questions here, and the amendment helps to clarify the issues. Whatever the truth of that is, Northern Ireland needs an assurance about how it should go forward.

On the trader support service, it might well be defective in law, but the intention is very clear. I hope that, when the Minister comes to respond, he can give support to the idea that it continues.

[Viscount Younger of Leckie (Con)]

My Lords, the amendments in this group all relate to various aspects of the Northern Ireland protocol. Amendments 58 and 59, tabled by the noble Lord, Lord Hain, the noble Baronesses, Lady Suttie and Lady Ritchie of Downpatrick, and my noble friend Lady Altmann, seek to make the ratification of any future UK-EU international trade agreement contingent on compliance with the protocol. I listened very carefully to the hard-hitting and long speech from the noble Lord, Lord Hain. I am very aware that he speaks passionately on Northern Ireland matters as an ex-Secretary of State for Northern Ireland and that he spoke again today with great passion. We have been clear that we remain completely committed to the Belfast/Good Friday agreement. We are committed to implementing the protocol in a flexible and proportionate way, protecting the interests of both the whole United Kingdom and the EU.

Our proposals for implementing the protocol will deliver unfettered access for Northern Ireland businesses to the whole of the UK market, ensure that there are no tariffs on goods remaining within the UK’s customs territory, discharge our obligations without the need for any new customs infrastructure for Northern Ireland, and guarantee that Northern Ireland businesses benefit from the lower tariffs that we deliver through our new free trade agreements with third countries. This approach is, in our view, the best route for commanding the broadest possible support across the whole community in Northern Ireland, respecting the myriad ways in which lives and livelihoods are intertwined right across our United Kingdom. This came out, again, in the speech by the noble Lord, Lord Hain.

The Bill that we are debating here does not address the UK’s future relationship with the EU. Other than the government procurement agreement, it is concerned only with continuity agreements: that is, agreements to which both the EU and the relevant third country were signatories before exit day. While I understand the noble Lord’s concerns, there will be better opportunity to debate them elsewhere. In accordance with the Constitutional Reform and Governance Act, both Houses will have the opportunity to debate any UK-EU future trade agreement before it is ratified. Similarly, as the noble Lord, Lord Hain, acknowledged—and the reasons were eloquently outlined in the speech of my noble friend Lord Lansley—noble Lords will soon have a chance to debate their concerns regarding the protocol when the United Kingdom Internal Market Bill reaches this House all too soon, on Monday, for scrutiny.

I turn now to Amendment 60, in the name of the noble Lord, Lord Hain, the noble Baronesses, Lady Ritchie of Downpatrick and Lady Suttie, and my noble friend Lady Altmann. As I set out during our debate last week on devolution, the Government have engaged closely with the devolved Administrations and have taken significant steps to improve this Bill. I hope this was made clear in the remarks that I made last week. I would like to take this opportunity to inform your Lordships that the Scottish Parliament consented to grant an LCM to the Trade Bill last week. I hope that this illustrates the close engagement that the Government have undertaken and will continue to undertake with the devolved Administrations.

On Amendment 65, the Government will ensure unfettered access for Northern Ireland goods moving from Northern Ireland to Great Britain, ensuring that businesses and individuals will be able to move goods from Northern Ireland into the rest of the United Kingdom on the same basis as now, while also benefitting from new trade deals. The United Kingdom Internal Market Bill will ensure that businesses based in Northern Ireland have true unfettered access to the rest of the United Kingdom by ensuring that they benefit from mutual recognition and are not discriminated against. This will be the case whatever the outcome of negotiations with the EU.

On Amendment 82, in the name of the noble Lord, Lord Hain, the noble Baronesses, Lady Ritchie and Lady Suttie, and my noble friend Lady Altmann, I am pleased to say the new Trader Support Service—the so-called TSS—that the Government are introducing, will provide an end-to-end service that will guide traders through all import processes. It will provide extensive support to businesses engaging in new administrative procedures resulting from the unique circumstances in Northern Ireland. It is a free service available to all traders moving goods between Great Britain and Northern Ireland and those importing goods into Northern Ireland from the rest of the world.

In response to various questions on TSS, I shall give a little more detail. It will offer the following core services. The TSS will benefit trader education by educating businesses about what the protocol means for them and the steps they need to take to comply with them. Secondly, it will support businesses when submitting declarations and advise them about additional documents and licences they will need; for example, a permit is needed to import endangered species. It will provide a complete service that submits relevant declarations into CDS, submits relevant safety and security declarations into HMRC’s import control system, the ICS, and in some circumstances will transmit transit declarations on NCTS.

In answer to the question asked by my noble friend Lord Lansley, the TSS and its future will be reviewed after two years. My noble friend Lady Noakes asked about costs. She will know, and I want to emphasise, that the TSS is a unique intervention, backed by £200 million of government funding.

I hope that these explanations address your Lordships’ concerns and that they will not wish to press their amendments.

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[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, I thank the noble Baroness, Lady McIntosh, and the noble Lord, Lord Lansley, for their amendments. As the noble Lord, Lord Fox, said, this is a slightly big reach for a group, but it has been worthwhile because we have had a bit of a fishing expedition dressed up as amendments and out of that have come a few fish, so that is quite good. It will be interesting to hear the Minister try to respond in full measure to the noble Baroness, Lady McIntosh, and I am certainly looking forward to that.

The noble Lord, Lord Lansley, has discovered a whole new area of interest with this identification of powers held by Treasury Ministers that are not subject to parliamentary approved procedure. That does sound a little exciting, even at this late stage of the day. We have primary and secondary legislation and now we have tertiary legislation. Perhaps, the noble Lord could speculate when he comes to respond how many more powers are buried deep in arcane laws and subplots that we have yet to discover. I look forward to hearing from him.

[Viscount Younger of Leckie (Con)]

My Lords, I do not know about fishing expeditions, but let me turn to Amendment 70 in the name of my noble friend Lady McIntosh of Pickering regarding securing an adjustment period with the EU after the end of the transition period. The Government have been clear, and I have made it clear today and on many occasions over the past few months, as has my noble friend Lord Grimstone, that our priority is to ensure we restore our economic and political independence on 1 January 2021. We want a relationship with the EU that is based on friendly co-operation between sovereign equals and is centred on free trade. As I have said today, that is what we are pursuing.

At the second meeting of the Withdrawal Agreement Joint Committee in June, the Government formally notified the EU that they would neither accept nor seek any extension to the transition period. The moment by when an extension could be agreed has now passed. The transition period will end on 31 December 2020, as enshrined in UK law. Any extension would only defer the moment at which we are in charge of our own destiny. An extension to the transition period would also bind us into future EU legislation without having any say in designing it, but still having to foot the bill as we would still have to make payments into the EU budget. We need to be able to design our own rules in our best interests without the constraints of following EU rules.

The “The UK new start: let’s get going” campaign clearly sets out the actions people and businesses need to take to prepare for the end of the transition period on 31 December 2020. I took note of the speech of the noble Lord, Lord Fox, and he is right to highlight these matters, but I reassure him that businesses have no excuse for not knowing about the matters that need to be addressed. Over the coming weeks, we will be intensifying our engagement with businesses to ensure they are well-prepared to seize the opportunities it will bring.

I turn to Amendment 93. If there is a theme to this short debate, it has been the considerable comment made by a few Peers about free ports or free zones. As one noble Lord said, they are one and the same thing. I thank my noble friend Lord Lansley for his foresight in this area; it was during the 2017-19 Bill that my noble friend raised the issue of free zones, as I remember—and I remember the response from my noble friend Lord Bates at the time. I warmly welcome his support for the Government’s policy in this area.

The Government plan to introduce up to 10 free ports across the UK. I have to disagree with the general sentiments raised by the noble Baroness, Lady Bennett, because these will be national hubs for trade, innovation and commerce, regenerating communities across the UK. They can attract new businesses and spread jobs, investment and opportunity to towns and cities up and down the country. Specific locations will be chosen according to a fair, open and transparent allocation process, which will include significant input from the port, local authority, local enterprise partnership, local businesses, and other local partners, ensuring robust consultation with the local area.

As my noble friend Lord Lansley highlighted, the Government ran a consultation on their free ports proposals earlier this year, and a response was published by the Treasury on 7 October that sets out the final policy in detail. Further policy on the allocation process, including a clear bidding prospectus setting out what free ports will offer and how interested parties may apply, will be announced by the Treasury in due course. I hope that my noble friend will agree that this is my helpful response; the narrative of this story has not quite finished.

My noble friend also raised the issue of the use of free zones in combination with other initiatives, such as enterprise zones. This is an important point, which I am sure that the aforementioned Chancellor and my colleagues in the Treasury have heard.

I turn to the new clause proposed in Amendment 95 by my noble friend Lady McIntosh of Pickering, which seeks to grant powers to reduce costs for the farming sector of complying with legislation related to the import and export of goods, including through minimising veterinary checks and physical inspections. We should be clear that government is already taking all necessary steps to support the farming sector after the end of the transition period. However, first we should highlight that export checks are set by trade partners as a condition of market access, and it is not within the Government’s gift to change these. In relation to import checks, we already carry out important physical checks on EU imports of live animals, and from January 2021 these will continue to be carried out at destination.

Secondly, the Government are committed to supporting businesses at the border after the end of the transition period. An updated publication of the Border Operating Model is now available for businesses and the agricultural sector, while the Government are holding a series of trader readiness forums open to just-in-time businesses. In addition, the Government are planning a series of seminars to support the agricultural sector through any new changes. Of course, noble Lords will be keenly aware of the support that we hope to provide to the agricultural sector through the Agriculture Bill, which, as noble Lords know only too well, is currently proceeding through the Houses.

I recognise my noble friend’s intention to support key businesses at the border, but I assure him that the appropriate actions are already taking place, and that it is important for legislation, such as this Trade Bill, to be passed to grant businesses security and continuity after the end of the transition period. In light of these explanations, I would ask for the amendment to be withdrawn.

Trade Bill

Debate between Viscount Younger of Leckie and Lord Stevenson of Balmacara

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 29th September 2020 Grand Committee

[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, I am grateful to my noble friend Lord Berkeley for introducing this amendment. I am afraid that it is outside my normal expertise area, and I listened with interest to what he had to say. We should support his argument that if it is possible through this Bill to facilitate the rail sector and its development, we should do so. I am happy to back up the points made by other speakers.

[Viscount Younger of Leckie (Con)]

My Lords, we have a change of rider as I leap into the saddle. I turn to Amendments 8 and 19 in the names of the noble Lords, Lord Berkeley and Lord Bradshaw, and my noble friend Lady Neville-Rolfe. The noble Lord, Lord Berkeley, eloquently explained to this Committee the nature of and reasoning behind these amendments. Taken together, they would expand the scope of the Trade Bill, incorporating the implementation of private international law conventions to which the EU was signatory before exit day.

I thank the noble Lord, Lord Berkeley, for his constructive engagement with my noble friend Lord Grimstone and our departmental team of officials over recent weeks. As the noble Lord has outlined, this amendment would allow the UK to implement the provisions of the Luxembourg Rail Protocol.

Let me say at the outset that the Government are supportive of ratifying the Luxembourg Rail Protocol. We recognise the competitive advantages which this could bring to the UK rail sector and UK financial services, as the noble Lord, Lord Berkeley, outlined so convincingly in his speech today and at Second Reading. I also took note of the remarks of the noble Baroness, Lady Kramer, who pointed out the economic advantages.

However, I do not believe the Trade Bill is an appropriate vehicle to provide the powers necessary for the implementation of this agreement. As has been explained to your Lordships, the powers conferred by the Bill are limited and narrow in scope, yet wholly essential for the delivery of the UK’s independent trade policy. It is our view that the contents of the Bill should not expand beyond essential readiness for life outside the European Union.

However, I can advise the noble Lord that the delegated power that was originally part of the Private International Law (Implementation of Agreements) Bill would have allowed the Government to implement domestically private international law agreements, including the private international law elements of a convention such as the one to which he refers.

The Government intend to reintroduce this in Committee in the other place, which, as the noble Lord, Lord Berkeley, said, I understand is to be as early as next week—I think 6 October. I therefore urge the noble Lord to encourage your Lordships in this Committee and beyond to support the reintroduction of the delegated power when the Private International Law (Implementation of Agreements) Bill returns to this House for Lords consideration of Commons amendments in coming weeks.

The Department for International Trade has engaged on an official level with the Department for Transport, which supports the Luxembourg Rail Protocol. The Department for Transport believes that the protocol has potential economic benefits for the UK, just as the noble Baroness, Lady Kramer, said.

I would be very pleased to facilitate a further conversation on this in conjunction with my noble friend Lord Grimstone in my capacity as a Whip with responsibility for transport and trade policy, and perhaps as an interdepartmental broker—I hope a very honest one. On that basis, I ask that these amendments are withdrawn.

Trade Bill

Debate between Viscount Younger of Leckie and Lord Stevenson of Balmacara

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 8th September 2020 Lords Chamber

[Lord Stevenson of Balmacara (Lab)]

May I make a point that might help the discussion?

[Viscount Younger of Leckie (Con)]

I regret that, under the current arrangements of the House, no interventions are permitted.

[Lord Stevenson of Balmacara (Lab)]

I regret that too.