Working Practices (International Agreements Committee Report)

Baroness Ludford Excerpts

Thursday 19th May 2022 Lords Chamber

[Baroness Ludford (LD)]

My Lords, the noble Lord, Lord Lansley, wondered if it was self-indulgent to debate the work of one of our committees, but no one needs to persuade me, as a former MEP, of the valuable work of committees, which are the main forum—rather than the plenary—for the European Parliament’s work.

I am not an expert on the matter of scrutiny of trade agreements, unlike my colleagues, my noble friends Lord Oates and Lord Purvis of Tweed, and indeed the noble Baroness, Lady Hayter. My focus in the last six momentous years has been on the relationship—which I would call more of a domestic relationship—with the EU, rather than on external trade agreements. So I warmly thank the International Agreements Committee and its chair for their admirably informative report which was so clearly presented today by the noble Baroness, Lady Hayter. I also thank her committee and the EU and Constitution Committees for their earlier reports. It has taken an awful lot of heavy lifting by committees in this place, and the other place, to get even as far as we have on the scrutiny of treaties—although I take the point about the Grimstone rule being here, and then not here, and then here again. Even now, there is still much work to be done. One of the main messages which comes out of the committee’s report is to formalise any understandings in a formal concordat and to consolidate. This point about the Ponsonby rule is clearly one which needs to be pinned down.

My approach to the topic of today’s debate is very considerably shaped by my 15-year experience as a Member of the European Parliament, although even there I was not on the International Trade Committee. However, I was heavily involved as a member of the Committee on Civil Liberties in the tussle over international data transfers and, in particular, the big row, 12 years ago, over an agreement that became the catalyst for the modern EU system of engagement between the Executive and the Parliament over the scrutiny and approval of external agreements. This was the famous SWIFT agreement, whereby it was proposed to transfer the personal bank data of Europeans to the United States via the SWIFT network, which we have heard a lot about recently in the context of sanctions on Russia. The European Parliament rejected this agreement, amid concerns for privacy, proportionality and reciprocity, in the context of rather weak—indeed, almost non-existent—US law on data protection and the scandals of extraordinary rendition and Guantanamo.

There was quite a bit of shocked and outraged huffing and puffing from the Commission, the Council and member states, but we had given them fair warning of our discontents over inadequate data protection standards and human rights-breaching anti-terrorism laws in the US and the inadequate balance between security and civil liberties in the agreement. So the Commission, the Council and member states came to their senses and fairly quickly reached an accord with MEPs on strengthened safeguards, such that the Parliament approved a new stricter version of the SWIFT agreement, renamed the Terrorist Finance Tracking Program agreement, five months later. However, we requested the suspension of that agreement, three years later.

Apart from the substance of that text, what this debacle led to was a better way forward. I was interested to note—I found it on Google—that the European Parliament press release of February 2010 included a quote from one Timothy Kirkhope of the ECR group, who we know better as the noble Lord, Lord Kirkhope of Harrogate. I hope he will not mind that I cite it in his absence; I saw it too late to ask his permission, but it is a good quotation. He said he was “frustrated and angered” by the Council’s treatment of Parliament. He went on to say:

“Parliament’s right to consent should not be used as a retrospective tool. We are finally getting assurances from Council and Commission”—


on data protection issues—

“but we now need some time before proceeding further in our considerations.”

This was the key point that is relevant to our debate today. The European Parliament demanded and won, in the name of parliamentary democracy, the right not only to give or withhold its consent to international agreements but to be involved in their genesis, including the development of negotiating objectives and progress reports on the negotiations. What the EU authorities had wisely learned was not just a lesson in respect for parliamentary rights but one about effectiveness, efficiency and coherence as well. Her Majesty’s Government are being somewhat slower to learn and apply these lessons.

This Parliament, unlike the European Parliament, did not have the power to give or withhold consent to the withdrawal agreement and the trade and co-operation agreement with the EU. We were allowed only to scrutinise the relevant implementing legislation, so the points made by the noble Lord, Lord Lansley, about the missing link of approving the treaties themselves were very well made.

The International Agreements Committee makes the point that more needs to be done to improve the effectiveness of the existing scrutiny system to make it more robust, and highlights that

“formal points for engagement with the committee are always set for after Government decisions have already been taken, so we are effectively responding to a fait accompli.”

It says, in what I think is a key point:

“The Government should not see parliamentary scrutiny of treaties as a rubber stamp at the end of the process to convey simple approval.”


For the sake of Hansard, I point out that this is at paragraph 45 of the report. This is the vital lesson that the EU Council and Commission learned: if you front-load the system, you are not only more likely to get approval but you have more chance of getting it in a time-efficient and energy-efficient manner and in a constructive spirit.

Finally, I want to say a word about the involvement of the devolved Administrations. I am very far from being knowledgeable about devolution, but I had an opportunity to raise in yesterday’s debate on the foreign part of the Queen’s Speech—which is meant to include Europe; I am sorry, but that is a bee in my bonnet—the question of human rights compliance in Northern Ireland and the potential challenge to the entrenchment of that compliance in the Belfast/Good Friday agreement and the Northern Ireland protocol. This challenge comes from the government plans to reform the Human Rights Act and their threats to rewrite the Northern Ireland protocol. I urge that full consultation be held with the Northern Ireland authorities, including the Northern Ireland Human Rights Commission, as well as with the Equalities and Human Rights Commission, whose chair, the noble Baroness, Lady Falkner of Margravine, I am delighted to say has fortuitously joined us. I flag that with her and may well pursue it with her. Having said all that, I am very grateful for the report and for today’s debate.