Trade Bill

Baroness Boycott Excerpts

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

I do not intend to divide the House on this amendment this afternoon, but the Government should understand that we will come back to these considerations very frequently over the coming months, and they will certainly be front and centre as we consider the merits or otherwise of future trade deals and, in particular, the Government’s proposals to join the CPTPP. I beg to move.

[Baroness Boycott (CB)]

My Lords, I am very happy to follow the noble Lord, Lord Oates, and to support the amendment in his name along with the noble Lords, Lord Purvis of Tweed and Lord Hain, as well as supporting the amendment in the name of the noble Baroness, Lady Bennett of Manor Castle. Both amendments seek to safeguard our environment and are completely consistent with all our international agreements under the Paris Agreement, which turned five at the weekend.

Trade is so much bigger than just imports and exports. It is arguably how we leave our mark on other countries. However, it is not something that most of us think about day to day. Trade deals are not usually rushed through. Many take absolutely years to happen and a lot of thought goes into them. They also last a very long time.

Having high standards is something we should be proud of, and the huge opportunity before us to trade on our own terms means that we must seize this moment to say no to other countries: “We will not trade with you if you are damaging the natural environment and worsening the effects of climate change”. We are at a junction now where it is not enough simply to partake in these practices at home—something we do well. We need to make sure that we are not indirectly causing them to happen abroad. People often use the phrase: “Evil succeeds when good men”—I would say women—“do nothing”. If we fail now to put these provisions in the Bill, we are as good as doing nothing in the face of all that we know.

I am proud that this country has led and continues to lead the way in decarbonisation. Some of this has been market-led. But 12 years ago we passed a Climate Change Act, and between 2012 and 2017 emissions from energy halved. That is not a coincidence; one logically followed another. Because this was legislated, successive Governments—we are on the fifth since it was passed—have absolutely had to pay attention to the process of decarbonisation. While it has not always been the number one priority, it has been absolutely impossible to ignore. To misquote Benjamin Franklin: “There are three certainties in our life: death, taxes, and now carbon budgets.” The comparison I am trying to draw is that when we have foresight of an issue and put it into legislation, we get the rewards. That is what we must do with our trade policy. We are literally writing the book on blank paper. It would be incredibly remiss of us to miss out this crucial chapter.

At previous stages, Ministers have mused on the importance of halting climate change, but why are they reluctant to put it in the Bill in case there are “unintended consequences”? I argue that the unintended consequences of not placing this in the Bill will be far greater. David Attenborough said to this very House in January, in the Royal Gallery next door, that we are at a tipping point and that “once we pass it, it will be impossible to come back from”. I do not think we have actually reached it yet but, as a responsible global leader, we need to say out loud and clearly, “We will not trade with you if you do not protect the environment.” I worry that without one of these amendments, and given the competing priorities the Government have about so many things, as we are hearing this afternoon, these considerations could end up falling by the wayside. The only way for the Minister to ensure that this remains a priority is to put it in the Bill.

These amendments are fundamentally useful, as they will ensure that whoever is negotiating a free trade agreement will have to stop and think about the impact it has on climate change and, in the case of Amendment 14, find a mutually beneficial way which produces fewer emissions or ensure that in some way they are offset. This could be a key moment when we stand up and say that from now on the UK will not enter anything that increases global emissions. To reach net zero we need to cut our current emissions as well as not making any more.

I understand that Ministers are reluctant to allow certain amendments as they think it would cause a lot of work in the departments, and I understand that a popular Minister may not remain popular for very long if his staff have to do this. However, in the case of Amendment 14, the work will already have been done. I welcome the Written Statement that the Minister’s colleague in the other place laid last Monday, which said that

“the Government will publish an independently verified impact assessment which will cover the economic and environmental impacts of the deal.”—[Official Report, Commons, 7/12/20; col. 22WS.]

While I am not sure whether that is the full net-zero assessment I asked the Minister about in July, I recognise that this is progress and I thank him and his colleagues for making this happen. My point is that environment includes climate change and biodiversity. If I understand it correctly, the assessment should cover the work needed for Amendment 14 and for the greater part of Amendment 21. By putting this in the Bill we can give it the permanence that a ministerial Statement, however well meant, absolutely cannot. I do not doubt the Minister’s sincerity or that he takes the issue seriously, but I worry that this conversation will have to be had every single time we have a reshuffle or a change of Government.

I have tried to show that when something is put in legislation it creates certainty and unlocks investments. This will not be a hindrance. The summit we hosted on Saturday shows the direction the world is going in. We have said that we will no longer invest in fossil-fuel projects abroad. Low carbon is our future, and the countries that are not on board risk being left out in the cold—or, indeed, in the increasingly hot world.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Boycott, and her powerful speech, which clearly outlined why one of these amendments should be on the face of the Bill. Ministerial commitments are just words which apply only to that person in post. I thank the noble Lord, Lord Oates, for outlining Amendment 14, for which I express my support, but I will speak to Amendment 21 in my name, and I thank the noble Baroness, Lady Boycott, for her support for it.

Given that the noble Lord, Lord Oates, has already outlined Amendment 14 so clearly, I will briefly reflect on the practical reality of it. A radio talk-show host was talking to me and complaining that “Everyone talks green now.” She got a little upset when she saw that I was smiling when she said that. As I said to her, although talk is great, there is a lot of truth in that statement, as it is only hot air until we have delivery and commitment. It is clear that the Government are making these commitments; as the chair of COP 26 they are taking their place at the forefront of the world’s talk on these things. It is therefore hard to see why they would have any objection to either amendment. Amendment 14 in particular is on the climate emergency, on which the Government claim world leadership, and surely that leadership should be reflected in every Bill that goes through your Lordships’ House.

I will focus mostly on Amendment 21. The noble Baroness, Lady Boycott, has already started on this point but I will go back to the words of the Minister, the noble Lord, Lord Goldsmith of Richmond Park, who on our first day of debate on these amendments answered an Oral Question from the noble Lord, Lord Randall of Uxbridge. The Minister said:

“The key principle of the convention on biological diversity is that biodiversity should be mainstreamed”,—[Official Report, 7/12/20; col. 950.]


which means “present in everything you do and everything that is done”. Biodiversity on its own does not entirely cover every environmental aspect we are looking at—there is obviously the COP next year on biodiversity, matching up with the COP on the climate. There are many other issues to raise, from soil health to plastics, but those are two good places to start.

I admit to your Lordships that Amendment 21 is rather long, so I will not go through it all in great detail. I will refer just to some of the key points. It is about

“the maintenance of the United Kingdom’s levels of statutory protection in relation to … human, animal or plant life or health … animal welfare, and … the environment.”

It is about

“achieving net zero carbon emissions by 2050”,

and the

“goals and targets contained in an Environmental Improvement Plan, including the 25 Year Environment Plan”.

It is about the United Nations’ sustainable development goals. What is notable about all those things is that I am not setting out some wonderful Green Party targets for a transformed world. They are all things that I am sure the Government would tell your Lordships they have enthusiastically embraced and signed up to. This is about the Government living up to their own commitments and legal responsibilities.

We know—and your Lordships’ House has played its part in ensuring—that when the Government skated up to dodging their international legal responsibilities in other Bills, they were then pushed away from doing it. That has done real damage to the UK’s international reputation, so putting an amendment such as this into the Bill would go some way towards restoring the UK’s international reputation.

I have one more point to reflect on, because it has been a long afternoon and may be a longer evening. At the moment, in the midst of a global pandemic, there is of course a huge focus on public health. Amendment 21 refers to public health, but it is not that public health and the environment are two separate things. We can have a healthy society, and have our people being healthy, only if they live in a healthy environment. These amendments are closely linked and essential to restoring the public health and well-being of the people of Britain, not just the environment as a separate category.