Trade Bill

Baroness Chakrabarti Excerpts

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

[Baroness Blower (Lab) [V]]

My Lords, I have added my name to Amendment 18. As has been said by my noble friends Lord Hendy and Lord Hain, it is an uncontroversial amendment. I too look forward to the Minister’s response, in which I am sure he will welcome it.

I consider it fundamental that the rule of law should be enshrined in the Bill, as should the legal authority of the United Kingdom courts and the principle of equality before the law. It should go without saying that respect for the rule of law can be relied on in the United Kingdom. However, as doubts may have been cast thereon in recent weeks, this amendment is necessary to ensure that international trade agreements observe both the conventions of the ILO—mentioned frequently in this debate and up to which Britain has already signed—and the ratified articles of the 1961 European Social Charter.

My noble friend Lord Hendy has provided a full rationale for this amendment and, as amply demonstrated by reference to CETA, precisely how it can and should work. I fully endorse and concur with his remarks and I look forward to the Minister’s response.

[Baroness Chakrabarti (Lab) [V]]

My Lords, it is a pleasure to follow my noble friend Lady Blower and to have added my name to Amendment 18, drafted by certainly the foremost labour lawyer in your Lordships’ House, if not the country. I will try to be plain and succinct in support of Amendments 18 and 11 by logical correlation, and I need not read out my remarks; this is simple stuff.

In an ideal world, I would have loved a Bill that clipped the wings of the Executive and ensured that it entered into only trade agreements that comply with international human rights and other international obligations, but this Bill is not that. I accept that because it is very clear that its Long Title and scope are about implementing trade agreements, some of which might be of concern to me and to others on the basis of who those trade agreements are made with. Notwithstanding the assurances that this Government—and no doubt future Governments—care about the rule of law, so we cannot clip the wings of the Executive in relation to the royal prerogative on what agreements they enter into, we can say, without being creative or mischievous and without diverting by one iota from the Long Title of the Bill, that when regulations are made under its provisions, they must comply with the international rule of law, the domestic rule of law and, in particular, obligations that we have long ratified on workers’ rights, children’s rights, women’s rights, sustainable development and so on.

Put simply, if the Minister in his response will neither happily agree to Amendments 11 and 18 nor offer explicitly to come back at the next stage of the Bill with something like them, that will raise a serious question as to why not. It is not enough to say, “But of course we would never make regulations that breach our international obligations.” That can happen by accident as well as by design. Without being insensitive about this, I remind your Lordships that, in recent weeks, the Government have lost their most senior legal adviser and one of their most senior law officers over this very issue of setting a course whereby we put our international legal obligations and domestic statutes into conflict.

In summary, what is wrong with children’s rights, workers’ rights, non-discrimination at work and sustainable development goals? The Government would say—and have said—that there will be no levelling down, only levelling up. If that slogan means anything, any regulations made under the Bill when it becomes an Act must comply with our obligations. That must be on the face of the legislation to ensure that any regulations that accidentally breach our obligations will be ultra vires this Bill. It is very simple. I really look forward to the Minister’s reply.

[Lord Alton of Liverpool (CB)]

My Lords, I have pleasure in speaking to Amendment 33, which enjoys support from across your Lordships’ House. It appears in my name and those of the noble Lords, Lord Blencathra, Lord Adonis and Lord Rooker. I am also grateful to the noble Lord, Lord Stevenson of Balmacara, for his remarks in opening the debate on this group of amendments.

As the noble Baroness, Lady Bennett of Manor Castle, said, at a meeting this morning of the All-Party Parliamentary Group on Hong Kong—of which I am vice-chairman—the noble Lord, Lord Patten of Barnes, expressed his support for this amendment and Amendment 68, which we will come to in due course and which homes in specifically on trade deals with states accused of genocide. The Committee may be interested to hear a little more of what the noble Lord, Lord Patten, said this morning. I quote him verbatim:

“China has over the years broken both the spirit of what it had agreed to with the WTO negotiations and in many respects made a mockery of the letter, so that you cannot invest in China in the same way that China can invest here. China is involved at the moment in predatory purchasing wherever it can.”


He went on to give instances of the imbalance, citing the example of robotics from Kuka, and of the interference and intimidation which follows when, for instance, a country speaks up for the beleaguered Uighur community or hosts the Dalai Lama. He described the Chinese Communist Party as

“a regime which regards business, as well as the state-owned enterprises, as part of the political project.”

At this stage, Amendment 33 is an attempt to open a debate on three things. First, what should be the constraints on business as usual with states which are undemocratic? Secondly, what regard do we have to our critical infrastructure? Thirdly, in making trade deals, what should be the role of Parliament? This is something on which we have focused a lot already in the opening stages of this Committee debate on the Trade Bill; what should be the role of Parliament if these first two conditions become matters of contention? I particularly agree with the earlier remarks of the noble Lord, Lord Blunkett, and, again, the noble Lord, Lord Stevenson.

In tabling Amendment 33, I return to issues that I raised at Second Reading of this Bill, as well as in Committee and on Report on the telecommunications infrastructure Bill. I know that some noble Lords, including my noble friend Lady Falkner of Margravine, will have concerns about drawing these provisions more tightly. Between now and Report, there will be time to address that point, preferably with the help of the Government. I should say that the noble Lord, Lord Blencathra, has played a major part in the drafting of this amendment; I am grateful to him for doing so.

It would be helpful to the Committee if the Minister could say what progress has been made in bringing forward a human rights threshold—an amendment which, it was agreed, would come forward when we had our debate at the Report stage of the telecommunications infrastructure Bill and was promised for Third Reading of that now-delayed Bill. I have written about this to the Minister as well as to the noble Baroness, Lady Barran, the Minister overseeing the other Bill. It would be helpful if the Minister today could say what role the Government envisage for the Joint Committee on Human Rights in scrutinising trade deals; this might address some of the issues raised thus far.