United Kingdom Internal Market Bill

Baroness Garden of Frognal Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Wednesday 18th November 2020 Lords Chamber

To sum up, as I set out in Committee, any use of these powers would require an affirmative regulation to be made in Parliament. This will ensure that Parliament will be able to scrutinise and vote on any changes. Secondly, consultation with colleagues in the devolved Administrations is now a legislative requirement for the use of these powers. Finally, the exercise and effectiveness of these powers will be subject to the review I talked about earlier within five years. Together, this will provide what I think is the highest degree of accountability and scrutiny. With these remarks, I hope I have addressed the concerns expressed and outlined in Committee. Therefore, in the light of that, I hope that noble Lords will feel able not to press their amendments.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, I have received a request to ask a short question of elucidation from the noble Lord, Lord Foulkes of Cumnock.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, at a time when the role and, indeed, the very existence of this House is under increasing scrutiny, would the Minister agree that the fact that he has put his name to Amendment 2, and that he and the Government have accepted the spirit of many of the amendments that were moved in Committee, underlines the value of this second Chamber as a revising Chamber and that that is something that should be broadcast widely?

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Amendment 2 agreed.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, Amendment 3 has been pre-empted, so the debate on the group beginning with Amendment 3 will take place when Amendment 8 or 9 is called with the same list of speakers. Amendment 4 has been pre-empted, so this group therefore now consists of Amendment 5.

Amendment 5 not moved.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

We move swiftly on to Amendment 6, and I remind noble Lords that Members other than the mover and the Minister may only speak once and that short questions of elucidation are discouraged. Anyone wishing to press this amendment or any other in this group to a Division should make that clear in the debate.

Clause 5: The non-discrimination principle for goods

Amendment 6

Moved by

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[Lord Callanan (Con)]

My Lords, I thank all noble Lords who have contributed to this debate.

Amendment 6, in the names of my noble friend Lady McIntosh and the noble Lord, Lord Foulkes, seeks to clarify the meaning of Clause 5(3). This subsection explains that

“A relevant requirement … is of no effect in the destination part if, and to the extent that, it directly or indirectly discriminates against the incoming goods.”


This wording was chosen by the Government because it targets discrimination, while leaving intact other elements of a regulation that may be perfectly useful or serviceable. For example, consider the case of one requirement covering two products. One of those products is not discriminated against, but the other faces indirect discrimination due to the particular market structure for that product. Clause 5 ensures that the regulation of the product which is not facing discrimination continues. This would not be the case if the requirement were struck down in its entirety when any part of it is discriminatory.

This amendment gives rise to a risk that a court would read this as attempting to oust its jurisdiction on normal grounds of challenge. That is clearly not the intention of this provision, which is to target the mischief of discrimination without going further or interfering with other legislation. I am sure that it goes without saying that we would not want to invoke any such confusion, nor do I think that that is what my noble friend and the noble Lord are trying to achieve. For these reasons, I hope that my noble friend will feel able to withdraw her amendment.

On Amendment 24, from the noble Baroness, Lady Ritchie, and others, I am very happy to accept a letter from the noble Baroness, and I will ensure that it gets a full reply. The Government are fully committed to Article 2 of the protocol—that goes without saying. We have demonstrated this by making the necessary amendments to the Northern Ireland Act to establish the dedicated mechanism and by working closely with the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland to operationalise the dedicated mechanism, ready for the end of the transition period.

The Article 2 commitment is about protecting the specific rights that individuals are afforded under the Belfast/Good Friday agreement and non-discrimination in this regard. It is supported by six EU equality directives that are all designed to tackle discrimination because of specified protected characteristics of individuals and to promote equal treatment. It will be part of the role of both commissions, through the dedicated mechanism structure, to monitor, advise, report on and enforce the Article 2 commitment and report to the Government and the Executive Office in Northern Ireland in this regard.

As I have said, we have already delivered the relevant legislative measures to give effect to Article 2 of the protocol, and no further amendments are required in this regard. I can assure noble Lords that the rights for individuals in Northern Ireland captured within the scope of the Article 2 commitment will continue to be protected going forward and will not be impacted by the outworkings of this Bill.

In reply to the noble Baroness, Lady Suttie, I can say that, for statutory requirements to be relevant requirements under Clause 6, they must be requirements that apply to, or in relation to, goods sold in the nation in question. If the employment law requirement were to meet that test, they would not be disapplied because they had discriminatory effects.

I hope that, with those assurances, that the noble Baroness, Lady Ritchie, will not press Amendment 24.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

I call the Baroness, Lady McIntosh of Pickering.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I am grateful to those who have spoken in support of this amendment—

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[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

I am so sorry; I did not get the message. Who wanted to speak after the Minister?

[Baroness Penn (Con)]

I believe it was the noble Lord, Lord Fox.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

I am sorry. I call the noble Lord, Lord Fox.

[Lord Fox (LD)]

My Lords, I apologise for creating such a fuss, and I thank the Whip for intervening on my behalf.

The Minister has made a lot of the need to future-proof this Bill. Indeed, part of the justification of the last debate was around future-proofing. My noble friend Lady Suttie made a very clear case on where future digressions in conditions between Northern Ireland and the rest of the United Kingdom could create issues. Does the Minister not admit that this is a problem and concede that Amendment 24 is a way round that problem becoming difficult in future?

[Lord Callanan (Con)]

In short, I addressed the point made by the noble Baroness, Lady Suttie. No, I do not believe that this will be a problem. We will, of course, keep it under review if any such problem were to be relevant. We think that we have already legislated to ensure these requirements and that, therefore, this amendment is unnecessary.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

I have just received a message that the noble Baroness, Lady Ritchie, would like to speak briefly.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I would like to ask the Minister a further question. In my submission, and the submission of the noble Baroness, Lady Suttie, we specifically asked the Minister for a meeting for the Northern Ireland Human Rights Commission and the Equality Commission, along with the signatories of Amendment 24, to further discuss the outworkings of Clauses 5 and 6 and Clause 11, and also the complex nature of our amendment and the problems that could ensue as a result of the outworkings. I would greatly appreciate it if the Minister could accede to our request.

[Lord Callanan (Con)]

The noble Baroness also asked me if I would receive a letter, and I said that I would do so. That is probably the best course of action. If she writes to me with her concerns, we will, of course, look at it. I am not sure that I am the right Minister for any such meeting to take place. I am a Minister in BEIS, which is responsible for this Bill, but many of its aspects are, of course, being handled by other government departments. I will certainly seek to put her in touch with the correct and relevant officials and Ministers.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

I think that I am now safe to call the noble Baroness, Lady McIntosh of Pickering.

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7: Clause 6, page 5, line 23, leave out subsections (5) to (7)

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

I should inform the House that, if Amendment 7 is agreed to, I cannot call Amendment 8. Does the noble Baroness wish to move Amendment 7 formally?

[Baroness Andrews (Lab) [V]]

My Lords, I have spoken to this in an earlier group, and I anticipated that I would be pressing the Minister. I intend to test the opinion of the House on Amendment 7.