Gender Recognition Act

Anna McMorrin Excerpts

Monday 21st February 2022 Westminster Hall

[Mike Freer]

My hon. Friend is absolutely right, and I will perhaps come on to some of the guidance in a few minutes. However, I wanted to put on the record that some of what is misinterpreted as going on in prisons simply does not occur. The rules have changed, I think three years ago. For reference, I refer colleagues to the answer given at the last Women and Equalities questions by the Under-Secretary of State for Justice, my hon. Friend the Member for South Suffolk (James Cartlidge).

To return the previous point, we are taking steps to amend a specific reference to “disorder” in the Act via a remedial order as soon as possible. In my view, trans people deserve the dignity of being known as their true selves, which for some will include a very personal decision of accessing a robust legal gender recognition certificate system.

It is important to remember that changing legal sex is only one part of the picture. Trans people can and do go about their daily lives as their true selves, including with documents that match their acquired gender, without needing to apply for a GRC. For some, a GRC will be a necessary next step—if they wish to get married in their acquired gender, for example—but that will not be the route for everyone. We often get caught up in focusing on the Gender Recognition Act.

On the subject of the GRA, the 2018 consultation was extensive and it received more than 100,000 responses. We looked carefully at all the issues raised in the consultation. It remains the Government’s view now, as in September 2020 when we responded formally to the consultation, that the balance struck in the legislation is correct: the system provides proper checks and balances, while supporting people who want to change their legal sex. The system is sound. The system is robust. It works in a balanced way for all parties. But that does not mean—as I said at the outset—that we cannot work on ensuring that the process, with all the issues that many Members have raised, is addressed and resolved. That does not mean that we are not working to make things better.

The system can be streamlined to make it more straightforward. People have poked fun about the cost being reduced, but that was an important step. It was something we were able to do quickly because it did not require primary legislation. Members commented on the digitisation process, and all our feedback from beta testing—that is where it is, at the beta testing phase—is that the process is much improved and that those who have used it found it more straightforward and helpful.

I accept, however, the views of Members about the intrusive nature of the information that might have to be required for a panel. I will take that away and look at exactly what has to be provided to see whether it is still relevant. As with many things in Government, we tend to bolt things on and rarely take them away. Perhaps it is time to look at what we are asking for and to see whether it is still relevant.

Numerous Members commented on spousal veto. We will address many of the issues raised today in the formal response to the Women and Equalities Committee report. That response will be published shortly. I understand, however, that the Divorce, Dissolution and Separation Act 2020, which is to come into effect imminently, will remove what is known as spousal veto. I am sure that, if I have got that wrong, officials will quickly give me a kicking.

I turn to single-sex spaces. I assure colleagues that we will not be changing the Equality Act. For many years, trans people have used single-sex spaces in their gender without issue. The Government have no interest in curtailing that. It is also important that we maintain existing provisions that allow organisations to provide single-sex spaces. The Equality Act already allows service providers to restrict access to services on the basis of sex and gender reassignment, where that is justified.

A lot of media attention has been given to the Equality and Human Rights Commission and its work to provide clarity to service providers on the provision of single-sex services, which has long been called for. My hon. Friend the Member for Carshalton and Wallington said that it might be time to ensure that there is more clarity about what the Equality Act allows. I have spoken to the chair of the EHRC. We had a fruitful, if frank, conversation about how we are not seeking to change the Act, while recognising that for some people—as many have said today—clarity about its provisions might be welcomed. The EHRC is of course independent of the Government, which the Equality Act 2006 provides for. However, I am happy to reiterate our commitment to maintaining the existing provisions under the Equality Act 2010.

I will now turn to some wider issues that impact on the LGBT community. Trans lives are impacted not just by legal recognition. I know from my conversations with trans people and organisations that more needs to be done to improve the health and safety of trans people. Since I took up this role, I have gone out of my way to engage with stakeholders in the trans community and I saw for myself, when I visited CliniQ and met service users and the dedicated staff and volunteers, exactly the level of support that is needed and provided by the amazing team of clinicians and volunteers.

As numerous Members have said and as far as I am aware, no one in this Chamber is a trans person and therefore we cannot speak from personal experience. It was important in my role to ensure that I heard from trans people themselves. However, I also want to put on the record my personal commitment that the proposals in the Conversion Therapy (Prohibition) Bill—I realise we may have some differences to overcome on particular provisions—will include protecting the trans community.

[Anna McMorrin (Cardiff North) (Lab)]

I thank the Minister for giving way. He said that there are no trans Members of Parliament, which is absolutely the case. Nevertheless, it is great that we are having this debate and raising these issues. There are children of MPs who are trans and also non-binary. I wanted to make that point, to ensure that they are heard and so that people can be confident and feel that they have the support of this Parliament.

[Mike Freer]

I appreciate that the hon. Lady was not here for the bulk of the debate, but I am very conscious that some Members have trans children and trans siblings. I know from my own experience in the debate about equal marriage that what changed the whole tone of that debate was MPs standing up in the main Chamber and talking about their personal experiences as a gay man or as a lesbian woman, unable to get married. However, it is a very personal decision for a Member to stand up and talk about their personal life; some people are comfortable doing it and some people are not.

So although I firmly recognise that many Members, many members of staff and many House officials will have trans siblings and trans children, it must be the individual’s decision whether they come forward to help change the debate. I urge them to do so; I would love them to do so, because it changes the whole tone of a debate when people can visualise and personalise, rather than hearing some abstract policy about what a trans person might be. However, that is a very personal decision.

I accept all the criticisms that I have heard today that we have not always got the tone right. That is absolutely true. I am sorry if I get a thick ear from some of my ministerial colleagues for saying so, but it is true that we have not always got the tone right. This is sometimes an emotive issue where we sometimes get it wrong. However, I can tell Members that the Secretary of State is absolutely committed to ensuring that trans rights are firmly embedded in our programme. That is why I and Lord Herbert of South Downs have joined the team, and it is also why we have Iain Anderson as the LGBT+ business adviser.

An amazing addition to our team and the work we do is Dr Michael Brady, as national adviser for LGBT health. If anyone has in any doubt as to what we need to do, they should spend time with Dr Brady and go to the clinics that he works in, because the work that he and his team do is truly amazing. If anyone has any doubts, any fears or any worries about what the trans community are, they should go and see for themselves, and talk to Dr Brady and his team.

Oral Answers to Questions

Anna McMorrin Excerpts

Thursday 10th June 2021 Commons Chamber

[Graham Stuart]

The TRA has conducted a full review of the steel safeguard measure so that it applies to the UK in a proportionate and WTO-compliant manner. It is an independent body, as the hon. Lady knows, that provides unbiased evidence-based assessments of the need for remedies. For clarity, the Secretary of State—[Interruption.] It would be great to get through one answer without chuntering from the right hon. Member for Islington South and Finsbury (Emily Thornberry), but it seems to be impossible. The Secretary of State can only accept or reject the TRA recommendation as a whole; she cannot modify or partially accept it and she cannot extend the measure if the TRA does not recommend it. However, it is crucial that the Government have the correct tools available to allow them to tackle unfair trade, and the Secretary of State will be giving careful consideration to the trade remedies framework and the powers that it affords her.

[Anna McMorrin (Cardiff North) (Lab)]

What her Department’s trade priorities are for the upcoming G7 summit.

[Stephen Morgan (Portsmouth South) (Lab)]

What her Department’s trade priorities are for the upcoming G7 summit.

--- Later in debate ---

[Elizabeth Truss]

The UK has inaugurated the first ever G7 trade track to take forward the issue of free and fair trade. We need to make sure that the WTO is reformed to stop unfair trading practices and modernise the global trading system.

[Anna McMorrin]

Penblwydd hapus, Mr Speaker.

Ahead of the G7, the Prime Minister has said that climate is his top priority, yet the Department for International Trade is still funnelling billions—including £3.5 billion from UK Export Finance—into overseas fossil-fuel projects and dirty projects are still being considered, despite the promise to end them. The Prime Minister himself flies into Cornwall on a private jet to talk climate. How can this Government expect to be taken seriously as a climate leader on the biggest threat facing us when they clearly do not take the issue seriously themselves?

[Elizabeth Truss]

I refute what the hon. Lady just said. We have changed the rules that govern UK Export Finance to make sure that it is focused solely on financing clean-energy projects, and that is alongside other measures that support our zero-carbon objectives. We are also working hard at the World Trade Organisation and through the G7 to make trade greener and to make sure that zero carbon is part of how the global trading system works.

Trade Bill

Anna McMorrin Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Monday 20th July 2020 Commons Chamber

[Anna McMorrin (Cardiff North) (Lab)]

The standards, protections and rights that we have all come to enjoy are put at risk by this Bill. The rules that govern trade must strike at the heart of the values that we expect of ourselves and each other. Trade policy must therefore be transparent and subject to thorough parliamentary scrutiny, and it must respect all the nations of the UK. On that, the Bill fails.

Now more than ever, as this country builds back better, we must ensure that the health of people and the planet are protected; that standards, workers’ rights and welfare rights are raised; and that our society becomes more resilient and sustainable. There can be no rolling back of rights, no undercutting of protections, no selling-out of our values and no compromise on standards.

At a time when we face so many crises—on three fronts: health, climate and the economy—all aspects of Government policy must be aimed at mitigating and eradicating those crises. However, despite the rhetoric, the Government yet again fail. Neither the environment nor climate are even mentioned in the Bill. The world’s poorest already bear the heaviest burden of climate breakdown. Trade policy must be rebalanced, putting justice and fairness at the heart of future agreements. There must be recognition from the Government that their lax approach on the environment in trade policy will lead to the promotion of cheaper but drastically higher-carbon and poorer-quality imported goods. That is bad for business, bad for people and bad for jobs, with UK producers, creators and innovators being undercut, and it will be a disaster for our environment.

First and foremost, the UK’s future trade agreements must be compatible with our commitment to keep global warming to a maximum of 1.5°C by the end of this century. Trade policy must have embedded at its legal core the Paris climate agreement and the UN sustainable development goals. Only then can we guarantee a base commitment over trade policy that will be legally binding and will work progressively towards the kind of high recovery that we desperately need.

The Bill is also detrimental to food standards, the future prosperity of the UK’s agriculture sector and animal welfare rights. This is the week of the Royal Welsh show, when farmers and food experts come together in Llanelwedd to celebrate our great produce. Those farmers have really helped to put food on our tables during this crisis, but the Bill does nothing to help them—it will only weaken them. Despite UK Government promises to farmers and food producers that we would accept no watering down of standards, the Government continue to pursue the prospect of agricultural market access for the United States, where we know quality falls well below that of the UK. A selling-out of our farmers and appeasement over action—that is what we get with this Government.

This is window-dressing scrutiny while Government machinery continues to proceed down the same calamitous path. Far from handing power to Wales, the Bill will hollow out the right to regulate the standard of goods.

[Anthony Mangnall (Totnes) (Con)]

It is always unsettling when I speak in the Chamber and my colleagues seem to leave and the Whips come in. I reassure them that I am on their side this time. I commend the Bill in its entirety.

I listened carefully to Members from across the House as they raised concerns over food standards and scrutinising the quality of our trade deals, but we must take the Bill alongside the Environment Bill and the Agriculture Bill, and the Fisheries Bill when it comes through this place. The Agriculture Bill took the steps that many in this House and in this debate have been calling for. On welfare standards, the Government have moved to a position where they are performing a consultation on labelling, which I assure hon. Members does not yet go far enough for me; I will be hot on their heels in making sure that we have an extensive labelling system for agricultural produce that is sold in the UK and that goes through restaurants and supermarkets.

However, the Government have also committed to a commission—I agree with my hon. Friend the Member for Tiverton and Honiton (Neil Parish) that its six-month remit should be extended—which actually gives us the opportunity to scrutinise and to uphold the standards of our food and the welfare standards of our imports. That is important, and I do not think it can be expressed enough. It is what the NFU called for and it is what the NFU got, which we should be very clear about. That commitment is there in black and white in the Agriculture Bill, and it is exactly what the Opposition want, so to keep going on and on that we are lowering our standards is a fallacy.

Ladies and gentleman—sorry; Members, if I may—

[Anthony Mangnall]

I beg your pardon, Madam Deputy Speaker.

Reading the Bill and looking at the amendments, I see that one of the benefits is recognising the export potential. We are trying in my constituency to take the benefits of Brixham fish or oceanographic technology manufactured in Totnes and export it across the world and open up new markets for it. The Bill allows that.

I am afraid that my colleagues from Northern Ireland pipped me to the post by mentioning the fishing sector, but there is a huge opportunity in the Bill. We can now open up new markets in the far east. The Bill allows us to do that, and we must support it in its entirety. I should also add that in doing so, we can start allowing ourselves to strengthen the Union.

I have listened to Members from Wales, Scotland and Northern Ireland talk about their produce and exporting it around the world, and it is time to revamp and strengthen the Board of Trade, listening to what is the best of each of those areas and then helping export it to the international community. That will not only strengthen the Union, which I am sure all Members of the House will agree about, but allow us to be able to reach those markets.

[Anna McMorrin]

Does the hon. Gentleman believe that weakening devolution and taking back powers from the devolved Administrations means strengthening the Union, because I do not?

[Anthony Mangnall]

That is exactly why the Board of Trade was reintroduced by my right hon. Friend the Member for North Somerset (Dr Fox). When he reintroduced the Board of Trade, it was about enhancing and developing a conversation with the devolved Administrations to make sure we were listening to what was in their areas and taking them forward to the international markets. It is no good turning around and saying we are not listening and not working together, because that is exactly what we are doing.

The Bill covers a number of significant areas where we will be able to reopen and reinvigorate our export markets. Through that, we will be able to reinvigorate those sectors that we hold dear in this country and uphold the standards that are so important. I commend the Bill.

Trade Bill

Anna McMorrin Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 17th July 2018 Commons Chamber

[George Hollingbery]

I say to the hon. Gentleman that the Sewel convention is well established. It has been in place for many years and it has proved more than adequate up to now. We believe it is the right way forward to handle this particular issue, so we see no need for new clause 4 to be in the Bill.

We will work closely with the devolved Administrations to deliver an approach to the implementation of trade agreements that works for the whole of the UK, reflecting the needs and individual circumstances of England, Scotland, Wales and Northern Ireland. The Government’s approach respects a long-standing and robust convention between the UK Government and the devolved Administrations.

[Anna McMorrin (Cardiff North) (Lab)]

Will the Minister explain how he is going to work with the devolved Administrations on this? For example, would this involve a UK council of Ministers?

[George Hollingbery]

Our intention is to carry on negotiating with the devolved authorities to find a way forward to get the signatures on the legislative consent motions that we wish to sign, and that we believe we are in a position to sign with those Administrations if we continue to co-operate with them and to negotiate properly.

Oral Answers to Questions

Anna McMorrin Excerpts

Thursday 17th May 2018 Commons Chamber

[Penny Mordaunt]

If this long-awaited consultation is to have impact and be of good use, it should consult on a wide range of issues, some of which should be the non-binary issues.

[Anna McMorrin (Cardiff North) (Lab)]

9. What discussions she has had with social media companies on tackling gendered online abuse on their platforms.

[The Minister for Digital and the Creative Industries (Margot James)]

The Government are committed to making the UK the safest place to be online. Ministers and officials at the Department for Digital, Culture, Media and Sport have had meetings with a range of social media companies to discuss abuse, including misogynistic abuse, on online platforms as part of our consultation on internet safety, to which we will respond imminently.

[Anna McMorrin]

I thank the Minister for her answer. Half of all girls in the UK suffer online abuse and are bullied on social media. Girls are being told what to wear. They are being told to shut up about their opinions. They are being told about how they look. Is it not about time this Government take a serious look at this awful sexism and seek to regulate social media platforms?

[Margot James]

I very much share the hon. Lady’s strong opinions, which are based on the facts: girls are intimidated and bullied disproportionately online, for all the reasons she sets out. I urge her to wait a very short time for our response to the internet safety consultation, which I trust will be robust.

European Affairs

Anna McMorrin Excerpts

Wednesday 14th March 2018 Commons Chamber

[John Lamont]

My hon. Friend makes an excellent point. The Presiding Officer has done this not in a vacuum but with the advice of the Scottish Parliament’s lawyers and others, and it is misjudged by the Scottish Government to think they can push ahead regardless of his view.

Just 11 MSPs are currently considering and voting on more than 230 amendments to the Bill in what was originally planned to be a single sitting that started at a quarter to six last night. Late nights may not be unusual here, but it is unprecedented in the Scottish Parliament for so many amendments to be given so little time to be considered. I remind Members that the Chamber of the Scottish Parliament is given only one opportunity to consider a Bill in detail, and that it has no revising Chamber to make improvements at a later stage. To force through so many amendments in so little time is not the way to legislate. The fact that Opposition MSPs were able to identify hundreds of problems with the Bill with only a handful of days in which to consider it should be a wake-up call for the Scottish Government.

[Anna McMorrin (Cardiff North) (Lab)]

The hon. Gentleman referred to the lawfulness of the continuity Bill. Does he agree that in Wales the Presiding Officer has deemed it lawful?

[John Lamont]

The legislation that created the Scottish Parliament is very different from that which created the Welsh Assembly. I do not know whether the powers are similar, but, having served in the Scottish Parliament for 10 years, I do know that it is for the Presiding Officer to determine whether Bills are competent to be considered by the Scottish Parliament, and the Scottish Parliament’s Presiding Officer was very clear about the fact that this Bill was not competent.

If passed, the Bill would give Scottish Ministers a raft of powers, including the power to decide which bits of EU law they wanted to adopt in domestic law. Those decisions should rest with the Scottish Parliament, and that, I suggest, is the real power grab. It will do nothing to help Scotland to trade, or to protect businesses in Scotland that trade with the rest of the EU or, indeed, with countries around the world. The fact that the SNP Government are pushing the Bill through Holyrood, ignoring the views of the Presiding Officer and avoiding any meaningful scrutiny by MSPs, shows what the SNP really thinks of the Scottish Parliament and democratic accountability.

--- Later in debate ---

[Anna McMorrin (Cardiff North) (Lab)]

I want to start by talking about the approaching constitutional crisis that this Government are threatening to bring about. This Tory Government continue to put the established constitutional order and devolution settlements at risk with their blatant grab of devolved powers. After months of debating and meetings, they are still struggling to grasp the concept of the consent of our devolved Administrations. We must not see powers that are devolved under the current devolution settlement going from Brussels to Westminster without consent from Cardiff and Edinburgh. During the last meeting of the JMC, the Welsh Government were told that the UK Government would not be pressing amendments on this to a vote before further discussions, and today it is down to the Prime Minister and the First Ministers of both Wales and Scotland to try to end this stalemate. However, I do not see any new offer coming forward and time is running out. It is very troubling that, even though the Welsh Government compromised by accepting that several rules and regulations currently decided in Brussels will need to be operated on a UK-wide basis, this UK Government cannot bring themselves to reassure the devolved Administrations that their consent and agreement will be sought. This is just not good enough.

In Wales, we are being expected to accept that decisions on up to 24 policy areas, including agriculture, pesticides, animal welfare, organic farming and the environment, are to be taken in Westminster, without any consultation and without consent from Cardiff.

[Paul Masterton]

Will the hon. Lady tell us how much influence the Welsh Government currently have in the setting of those frameworks within the EU and whether the EU obtains the consent of the Welsh Government when setting them?

[Anna McMorrin]

I thank the hon. Gentleman for his question, but he is completely missing the point. We are looking at those powers coming back to Westminster, and they should be going back to Cardiff and Edinburgh where those powers are devolved. Both Cardiff and Edinburgh—Wales and Scotland—play a part in those discussions at EU level all the time.

[David Linden]

I am sure the hon. Lady will agree that the devolution settlement is clear that, if something is not reserved when it returns to us, it is then devolved. That is why this is a power grab in respect of the devolved settlement.

[Anna McMorrin]

I agree that this constitutes an absolute power grab by this UK Government. Until we see substantive changes to the European Union (Withdrawal) Bill, there is the need for the continuity Bill. It would be preferable to continue to protect devolution via the European Union (Withdrawal) Bill—that is what I want to see—but should agreement not be reached, the continuity Bill becomes one of the most important pieces of legislation ever to be scrutinised by the Welsh Assembly.

May I pay tribute to my colleague Mark Drakeford, a Cabinet Secretary in Wales, and the Welsh Government for pursuing that important piece of legislation, in the absence of an agreement being forthcoming from this Tory UK Government? The Bill is complex, but very clear in its aims. It is intended to deal with the inevitable consequences in domestic law of withdrawal from the EU by preserving EU law covering subjects already devolved to Wales; and it will enable Welsh Ministers to make necessary changes to ensure that legislation works at the point of withdrawal. That is what we need to see.

The Tory Government have questions to answer, not just for Cardiff and Edinburgh but for people everywhere—people in my constituency of Cardiff North, in Wales, in the UK, and our friends and allies throughout Europe. After months of the Government’s trying to cover up the Brexit impact assessments, MPs were finally allowed to see them, as I did. I made the appointment, handed over my phone, which was locked up in a cupboard, and was allowed the hour given to look at them. A week later, they were distributed everywhere. I was concerned to read that the Government’s own assessment is that this country’s economic growth will suffer under any of the existing models for a future relationship with the EU. Under the worst-case scenario, a WTO-type agreement, which has often been hailed by Conservative Members as a perfectly acceptable option, GDP could decline by up to 7.7% cumulatively over 15 years. There was certainly no good news anywhere in those impact analyses.

In the past couple of months, I have had my own meetings with representatives from UK and EU businesses, including Airbus, L’Oréal and companies from the pharmaceutical industry. The concerns are always the same: we need more clarity and a solid plan. If we are leaving the single market and the customs union, how will the Government ensure that the “Mad Max” dystopia that the Secretary of State for Exiting the European Union himself described will not become a reality? If it is not “Mad Max”, why is it that any time that representatives from British industry—such as the Confederation of British Industry—or politics interact with our European counterparts in Germany, France and elsewhere, we are treated as if we live in la-la land?

When will the Government face the challenges of the unrealistic standards of their own internal party politics, which they have set to serve their own infatuation with an isolated Britain that has long gone? When will the Government tell us the truth about the effects of leaving the customs union and single market and offer a plan that, at the very least, does not feel like a suicide mission? When will they offer a plan that safeguards the future of our businesses and protects environmental and workers’ rights, our services, our people and our communities?

Oral Answers to Questions

Anna McMorrin Excerpts

Thursday 22nd February 2018 Commons Chamber

[Mr Speaker]

Splendid. I look forward to the presence of the Minister for Women and Equalities. That will confer some additional glitter on our proceedings.

[Anna McMorrin (Cardiff North) (Lab)]

T1. If she will make a statement on her departmental responsibilities.

[The Minister for Women and Equalities (Amber Rudd)]

I would like to update the House on the work we are doing to support people back into paid work after time spent caring for others, of whom 90% are women. We know that too often, people with skills and experience struggle to get back into jobs after taking time out of the labour market to care for children or other family members, and that is a huge loss for the economy, employers and those individuals. That is why we committed £5 million to support people back into work in last year’s spring Budget.

In the summer, we also announced new public sector programmes for returners, and I am pleased to inform the House that programmes for people wanting to return to jobs in social work and the health professions and a programme for people wanting to join the civil service after a break are all up and running. Next month, we will be launching practical guidance to help private sector employers get more returners back at the right skill level. I will continue to expand opportunities for people who want to return to employment, and I look forward to giving the House further updates.

[Anna McMorrin]

Tomorrow in my constituency of Cardiff North, I am hosting a pensions inequality meeting for women born in the 1950s. When will this Government be prepared to support these women all over the country who are being shamelessly exploited and robbed of their pensions?

[The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)]

This legislation was passed in 1995 to create an equality between men and women. Those who seek to change the legislation would be effectively creating an inequality between men and women on an ongoing basis that has a dubious nature in law and an inequality between 1950s-born women and 1960s-born women.

Trade Bill (Eighth sitting)

Anna McMorrin Excerpts

Committee Debate: 8th sitting: House of Commons
Thursday 1st February 2018 Public Bill Committees

[Barry Gardiner]

I thank my hon. Friend, because that evidence is absolutely apposite to the new clause. All we are seeking to do is assist the Government in any future negotiations they may have as they seek to roll over agreements to corresponding agreements. We want to make it easier for them to persuade a trading partner that there will be no problems in implementing the agreements.

The Joint Ministerial Committee has already been the vehicle for similar engagement in respect of EU negotiations on the withdrawal deal, by way of sub-committee, establishing a clear precedent for a similar sub-committee in respect of trade agreements. That would be extremely helpful. It is therefore entirely appropriate that the Bill ensures that a similar forum is legislated for to ensure that the democratic will of the entire population of the country is represented fully throughout the trade agreement process and without threatening the devolved competencies.

I take this opportunity to remind the Government that they must not allow the Bill to afford Ministers of the Crown powers that would undermine the competence of the devolved authorities and the devolution settlements. While instituting a formal consultation framework through the JMC would go some way to protecting the rights of the devolved Administrations, it would not and cannot be considered as addressing the other concerns presented by the Bill, which I have previously adverted to in our proceedings. If the Government fail to address those concerns, the Labour party will return with further amendments.

[Anna McMorrin (Cardiff North) (Lab)]

The Trade Bill fails to set out a suitable framework for future trade agreements. The arrangements included in the Bill are insufficient and leave a lot to be desired on several important issues that I and many MPs raised in the debates on the European Union (Withdrawal) Bill. Just like that Bill, the Trade Bill puts restrictions on the Executive capacity of the Scottish and Welsh Governments, while placing no restrictions on the capacity of the UK Government. Essentially, under the Bill, Ministers of the UK Government will be able to legislate in devolved areas.

Wales is an outward-facing, globally trading nation and remains open for business.

[Greg Hands]

Could the hon. Lady outline to the Committee why she did not vote last week for the Welsh Government’s sponsored amendment in this area?

--- Later in debate ---

[Anna McMorrin]

I thank the Minister for asking that question. As he will recall, I spoke widely in support of that amendment. We will discuss that at a later stage.

In Wales, our economy offers great opportunities for both trade and investment. The Bill must not put that at risk. As I just mentioned, I spoke last week on the principles of devolution. Today, I want to reiterate that the Bill seriously lacks consideration of the principle of devolution and the appropriate frameworks to make it work. It is unacceptable that the Government expect the Welsh and Scottish Administrations to be content with handing over power on devolved areas to Whitehall.

The Bill in its current state hands over an unnecessary amount of power to the Government of the day, whoever they may be, and in no way does it safeguard the principles of devolution that people in Wales and Scotland have fought so hard for. I want to stress, once again, that my reservations with the Bill’s lack of consideration for devolution have nothing to do with extending the powers of devolution.

[Faisal Rashid]

Mr Southworth of the International Chamber of Commerce said that the devolved Administrations have cause for concern due to

“vulnerabilities on a whole range on different industries.”—[Official Report, Trade Public Bill Committee, 23 January 2018; c. 35, Q80.]

Does my hon. Friend therefore agree that there is greater need for consultation with the devolved Administrations?

[Anna McMorrin]

That is exactly what I am saying. I absolutely agree that we need that consultation and agreement with the devolved Administrations, in order that we do not jeopardise future trade agreements on an international level.

Our concern is that devolution is being rolled back because UK Ministers would be allowed to use Henry VIII powers to reach across into legislation within devolved competence and make changes. The Joint Ministerial Committee was created with the purpose of giving the devolved Administrations the chance to give their input. So far, it has been used sparingly: there have been few meaningful discussions, it has met rarely and little has come out of it. That needs to change.

Good governance requires co-operation between the UK Government and the devolved Administrations, as my hon. Friend the Member for Warrington South just set out. That was also set out in the devolution settlements. The Bill as written is unacceptable. It must contain appropriate frameworks that respect the devolution settlement. We will not agree to the rolling back of devolution and to seriously risking damaging our future trading agreements. Unfortunately, that is what the Government seem to want to do.

[Alan Brown]

I welcome the spirit of the new clause, but from my perspective, we should have something stronger than just consultation; we would be looking for the consent of the devolved Administrations. That is in line with some of our amendments that have been defeated. I certainly welcome the hon. Member for Brent North’s saying that the official Opposition will revisit some of the amendments on Report. We will certainly look to co-operate on this matter.

--- Later in debate ---

[Faisal Rashid]

I commend my hon. Friend the Member for Brent North for his excellent opening remarks in support of a very important new clause. I hope that the Government will agree with me and my hon. Friends that it is vital that we protect animal welfare and food production standards when building our trade policy. We must prioritise a sustainable, long-term future for our farming, fishing and food industries. We cannot allow Brexit to be used as an excuse to reduce food standards or to allow cheap and inferior produce to flood the UK market. We have a moral duty to protect animals and their welfare, and that should go hand in hand with the protections that we must afford to our farming and production industry and to British consumers.

[Anna McMorrin]

Does my hon. Friend agree that this is not a partisan issue, but a question of the kind of society we want to live in?

[Faisal Rashid]

Absolutely. That is a crucial point, which I hope Government Members will take into account.

--- Later in debate ---

With that in mind, and particularly given the recommendation of the Secretary of State that animal welfare and sentience should be addressed by UK law, I urge all Members on the Committee to support this new clause.

[Anna McMorrin]

It is imperative that animal welfare rights are protected after we leave the EU and that animals keep their status as sentient beings under UK law, which is why this new clause is absolutely vital.

I wrote to the Secretary of State for Environment, Food and Rural Affairs after the defeat in the House of Commons on this very issue. That letter was signed by over 100 MPs. It is disappointing that the Trade Bill neglected to make it clear that the UK will not enter any trade deals in the future that will require us to water down animal welfare standards. It is clear from the reaction of the public, and from the campaigns and letters that I am sure all MPs have received from constituents and organisations, that people have no interest in seeing chlorinated chicken in our supermarkets, are not happy to see live animal exports and are not willing to compromise in any way on animal rights to please the likes of the current US President or any other leader of a country that does not share the same concerns and views as us on animal welfare and animal sentience. Any trade negotiation or deal will impact on UK animal welfare standards.

Under article 13 of the Lisbon treaty, the UK recognises animals as sentient beings—that they are not just goods but have the capacity to feel pain, hunger, heat and cold—and that the Government must pay full regard to their welfare requirements. Recognising animals as sentient beings is accepted across animal welfare science and means that we acknowledge that animals are capable of feelings such as pain and are deserving of our respect. It is appalling that this Government could not vote in favour of maintaining—let alone progressing—existing animal welfare standards during the European Union (Withdrawal) Bill.

[Greg Hands]

I am not accusing the hon. Lady of spreading misinformation, of course, but a lot of the reactions to that vote spread a lot of misinformation. Various otherwise reputable news outlets such as The Independent and Evening Standard had to retract and withdraw and to print clarifications and apologies for putting out misinformation about the Government’s view on animal sentience. The Government strongly believe in animal sentience, and the European Union (Withdrawal) Bill vote was not contrary to that.

[Anna McMorrin]

I thank the Minister for his intervention, but the fact remains that this Government did not vote for that amendment, so are we to keep that trust that this UK Government will introduce those welfare standards post-Brexit? I for one do not find that trust. I struggle to understand this decision by the Government, which is a massive blow for the welfare of wildlife, pets and livestock alike.

[Mrs Badenoch]

There is a draft Bill on sentencing and animal sentience coming in. Why does the hon. Lady feel that there will be no commitments in that Bill, given what it is called? What are her concerns about that Bill?

[Anna McMorrin]

I thank the hon. Lady for her intervention, but does she not realise that this Bill is about the rules and regulations during trade? That is why we need the new clause in the Bill.

Only domestic animals are covered by the Animal Welfare Act 2006; animals in the wild and laboratory animals are expressly exempt. As we seek new deals in our negotiations with countries that perhaps have much lower animal welfare standards, we are particularly concerned that there will be the temptation to lower our standards. The Bill needs strengthening to better protect UK animal welfare standards. I hope the Government will see some sense and support the new clause to ensure that we do not water down those standards.

[Greg Hands]

The Government have made clear that we intend not only to retain our existing standards of animal welfare once we have left the European Union but, indeed, to enhance them. We are proud to have some of the highest animal welfare standards anywhere in the world, and they will not be watered down when we leave the EU.

Our food is held in high repute thanks to our animal welfare standards. The withdrawal Bill will transfer on to the UK statute book all EU animal welfare standards— it is very important to understand that in the context of the withdrawal Bill, which was raised by the hon. Member for Cardiff North. Our current high standards, including import requirements, will apply when we leave the EU.

Similarly, the Government are committed to retaining the EU’s recognition of animal sentience. That is why, as has been referred to quite a few times in this helpful debate, at the end of last year the Government published the draft Animal Welfare (Sentencing and Recognition of Sentience) Bill, which sets out how we can go even further and better enshrine in domestic law the recognition of animals as sentient beings. That point was capably made by my hon. Friend the Member for Saffron Walden and others.

Trade Bill (Fifth sitting)

Anna McMorrin Excerpts

Committee Debate: 5th sitting: House of Commons
Tuesday 30th January 2018 Public Bill Committees

[Anna McMorrin (Cardiff North) (Lab)]

In his speech to the World Trade Organisation in Buenos Aires, the Secretary of State reaffirmed his commitment to trade as a main tool for development, which is fantastic. The Government should therefore be keen to support the amendment, which reaffirms the UK’s commitment to the provisions of the SDGs, human rights, workers’ rights and environmental protections, which are key elements of development, growth and stability, as the Secretary of State said.

[Judith Cummins]

I absolutely agree. The sustainable development goals include the capacity to increase significantly the exports of developing countries, with a view to doubling the least developed countries’ share of global exports by 2020. The SDGs can also allow for timely and lasting duty-free and quota-free market access for the least developed countries, consistent with WTO decisions, including by ensuring that preferential rules of origin applicable to imports from the least developed countries are transparent, simple and contribute to facilitating market access.

The Labour party made a manifesto commitment to guaranteeing the world’s least developed countries continued duty-free and quota-free access to the UK market, post-Brexit. I am pleased that the Government agreed to match that pledge, but we need to go considerably further if we are to ensure that our trade policies really contribute to the realisation of the sustainable development goals. That is why this is such an important part of the amendment, and one that I am sure the Government will support.

One of the most powerful ways to ensure that international trade leads to poverty reduction and enhanced life chances is to ensure that working people benefit fully from the opportunities it offers. To that end, we wish to ensure that all new trade agreements are fully consistent with the UK obligations on workers’ rights and labour standards, starting with the International Labour Organisation’s declaration of fundamental rights at work, and its eight core conventions covering freedom of association, forced labour, child labour and discrimination. However, simply linking to those conventions is far from sufficient, as has been seen in so many cases where trade agreements have led to an undermining of other labour rights. We require a deeper commitment to principles and rights at work that are inherent in the UK’s membership of the ILO, to ensure that there can be no race to the bottom in labour standards as a result of the UK’s new international trade agreements.

Again, I have no doubt that the Government will share our desire to keep labour standards high. The Secretary of State for International Trade, who has not always been known as a champion of workers’ rights, made the case in a debate on exiting the European Union and global trade in the House on 6 July last year. I should be pleased to quote him at length, which is not something that I find myself doing too often:

“There are those who would make the case for a Britain with lower regulatory standards and fewer protections in place across the economy for the environment, for workers and for consumers. Let me tell the House that Britain will not put itself at the low-cost, low-quality end of the spectrum, as it would make no sense for this country economically to do so, nor morally would it give us the leadership we seek. I believe there is no place for bargain-basement Britain.”—[Official Report, 6 July 2017; Vol. 626, c. 1365.]

Encouraged by the Secretary of State’s new-found identity as a defender of high standards and workers’ rights, the Government will, I am sure, have no trouble in supporting this part of the amendment.

Equally, all new trade agreements must be consistent with women’s rights, not least because it has often been women workers who have suffered most in the international trading system.

Integration into global supply chains promised much to women workers in countries where they had not previously enjoyed other economic opportunities. In Bangladesh, for instance, formal employment in the export-oriented garment industry has provided millions of women workers with a regular source of independent income, which has in turn allowed them to enhance their social status and political participation. When done properly, trade can be a source of empowerment, yet many of those working women have found themselves trapped in dead-end jobs characterised by poverty wages and dangerous working conditions. That is a particular threat to workers at the bottom of global value chains producing goods for distant retailers that have ultimate power and control over the conditions under which their suppliers operate. The ILO has noted that all too often trade via global supply chains

“tends to generate economic benefits… (in terms of high productivity), but not necessarily for workers”.

For far too many women in the global economy, the promise of empowerment is eclipsed by the grim realities of exploitation. Trade agreements must be consistent with children’s rights, with the UK’s environmental obligations, and with the provisions of other international treaties ratified by the United Kingdom. Surely the Government will agree with us on these points. They must respect CITES—the convention on international trade in endangered species of wild fauna and flora—as well as the convention on biological diversity. None of these are idle concerns. The European Commission’s official impact assessment for the Transatlantic Trade and Investment Partnership recognises that under every potential outcome, the proposed EU-US agreement would create what it called dangers for natural resources and for the preservation of biodiversity.

Trade Bill (Seventh sitting)

Anna McMorrin Excerpts

Committee Debate: 7th sitting: House of Commons
Tuesday 30th January 2018 Public Bill Committees

[Greg Hands]

First, in the long run, small businesses will benefit from the Government being informed by a full set of data on the exporter community. It is difficult for the Government to set policy in relation to exporters without having a full picture of how many exporters there are and in which sectors. In the medium to long run, our ability to collect that data would help small businesses considerably. Secondly, the provision of that data will of course be voluntary. If a small business did not want to participate, for whatever reason, it would not be compelled to do so. It is very important to recognise that.

[Anna McMorrin (Cardiff North) (Lab)]

rose—

[Matt Western (Warwick and Leamington) (Lab)]

rose—

[Greg Hands]

I give way first to the hon. Member for Cardiff North.

[Anna McMorrin]

What does the Minister intend to do with the information that is collected? Also, what international bodies do the Government believe that information—much of which may be commercially sensitive —should be shared with, and why should they require such data?

[Greg Hands]

On the international bodies, I refer the hon. Lady particularly to the WTO, with which we are actually obliged to share a lot of that data. Much of that data sharing is currently done through the EU, but once we are outside the EU we will be obliged to share that data with the WTO on a stand-alone basis. Domestically, sharing a lot of the data with the Trade Remedies Authority will enable it to be well informed as it looks at the impact of alleged dumping on UK domestic industry, which is, after all, the purpose of the TRA.

I will take an intervention from the hon. Member for Warwick and Leamington. [Interruption.] Oh, he had the same intervention.