Trade Bill

Baroness Ritchie of Downpatrick Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 7th December 2020 Lords Chamber

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

My Lords, these two amendments have much to commend them and dovetail neatly with parts of my Amendment 7, which we will consider in a moment: in particular, that any trade agreement or report from the Trade and Agriculture Commission should be laid before Parliament in sufficient time for it to be considered. I will go into more detail when we come to that group of amendments, but it would also extend the period during which a vote shall be held in each House to up to 42 days, so there is an overlap between Amendment 6 and my Amendment 7. This is important for the reasons set out by the noble Lord, Lord Purvis, my noble friend Lord Lansley and others, particularly, the noble and learned Lord, Lord Goldsmith, who chairs the committee and speaks with great authority on these issues. There must be time for both Houses of Parliament to consider those agreements, in the terms set out by the noble Lord, Lord Purvis, and others supporting Amendment 6.

I refer again to the useful table included on page 77 of the National Food Strategy, part 1, which I refer to as the Dimbleby report, part 1, which sets out the scrutiny of trade agreements in the various legislative Chambers. It is true that in Australia, Parliament must vote on legislation to implement a trade agreement only where it requires changes to national laws. However, tariffs are set in statute in Australia, so that effectively gives Parliament a vote on trade treaties. For TTIP, the House in Australia spent two days debating the treaty and the Senate one day. In Canada, as in Australia, Parliament does not have a formal vote on treaties; the Executive must lay a deal before Parliament 21 days before any action to implement the agreement is taken. However, as in Australia, Canada’s tariffs are set in statute, so again, Parliament inevitably needs to vote on the deal as a whole as well as any implementing legislation.

Perhaps the most thorough—albeit that we are leaving the European Union—is the European Union process itself. In New Zealand, Parliament must vote on legislation to implement the trade agreement, which means that the treaty is voted on again by the House only if it requires a change in domestic legislation. It has already been said that in Japan, the approval of the National Diet, the Japanese Parliament, is required for any trade agreement to come into force, and in Switzerland, all trade agreements must be approved by the Federal Assembly, the Swiss Parliament. If 50,000 Swiss citizens request it, they must be put to a referendum. Our scrutiny of trade agreements—not continuity agreements but new agreements, where, as the noble and learned Lord, Lord Goldsmith, identified, there is no underlying EU agreement—is deficient compared to that of other national jurisdictions and Parliaments.

I have sympathy with Amendment 6, although I will go on to explain when we come to the group beginning with Amendment 7 why I believe that my wording is preferable.

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

My Lords, it is a pleasure to follow the noble Baroness, Lady McIntosh of Pickering. I support the objectives of Amendment 6 in the name of the noble Lord, Lord Purvis, and colleagues, which seeks to ensure that trade deals are subject to parliamentary scrutiny and that consultation takes place with the devolved Administrations, a feature that is currently missing. This is particularly acute as we have just three weeks until the end of the transition period and do not know whether there is to be a trade deal or whether, if agreed, it will be zero tariff, or whether the UK will be operating under WTO rules.

This amendment, in the names of the noble Lord, Lord Purvis, and other noble Lords, has been supported by the Trade Justice Movement and Greener UK. It has five properties, which are very important for the scrutiny of trade deals. First, before negotiations, there will be a debate and vote by MPs on the Government’s negotiating objectives; secondly, during negotiations, there will be additional scrutiny through a dedicated parliamentary committee; thirdly, after negotiations, there will be a vote in both Houses on a final deal, prior to ratification; fourthly, there will be mandatory sustainability impact assessments on the impact of the new trade deal on the environment, public health, human rights and global development; and, fifthly, there will be consultation with the devolved authorities. As the noble Lord, Lord Wigley, said, those things absolutely are important. Coming from Northern Ireland and having been a representative of the devolved institution there, I say that it is important that we recognise and acknowledge the devolution settlements.

Those five provisions offer a considerable improvement on the level of parliamentary scrutiny of trade deals in the UK, whose processes lag behind those of the EU and other countries. The current treaty scrutiny system, as outlined in the CRaG Act, is inadequate and has been criticised by five parliamentary committees, including the Lords Constitution Committee and the Lords International Agreements Sub-Committee.

Modern trade agreements affect large parts of public policy, including consumer and workers’ rights, environmental and climate change legislation, food standards, health, public services and international development. In such a context, it is vital that trade deals are developed democratically. I support Amendment 6. I also support Amendment 12, in the name of the noble Lord, Lord Lansley. If the noble Lord, Lord Purvis, eventually presses his amendment, I will support him in the Lobbies this evening.

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Ritchie. I agree with everything that she said. I was going to speak only to Amendment 6 but the opening speech on Amendment 12 was very convincing, so if the House divides on either amendment, I shall vote for them.

My problem with the Bill is one that I have had for the last two years with this Government—particularly in the last year, when they have kept trying to reduce our democracy. I simply do not understand how a Conservative Government can justify that. If they were sitting on the Opposition Benches at the moment, they would be shouting loudest about how corrupt it all was and how we were trying to take power back for the people, not for politicians, and so on. For me, it is incredibly frustrating constantly to hear and see these attacks on democracy. I do not think that this Government have a clue about it.

We have discussed these issues more than once over the past four years; it is getting quite repetitive. When we in this House amend and improve any legislation, it goes back to the Commons and then of course it is all whipped out or the Bill is delayed for a few years, so in some ways all our work is for nothing. With this Bill, the Government are again trying to bypass scrutiny. Why would they want to do that? Scrutiny helps—it can highlight the problems, as well as improvements—so why anybody would want to do that, I just do not understand. It should be enough, even for the most loyal Conservatives on the Government Benches, to ask, “What on earth we are doing here? Why are we bothering? There is all this hard work from the second Chamber and it comes to nothing.”

The Greens believe that the market and the economy should serve the people, not necessarily politicians or even big business. Therefore, I strongly support Amendment 6. It is a case of caring very much about climate change, the environment, workers’ rights and the quality of our food; I just do not understand why the Government are choosing to fight this. I accept that having a huge majority in the Commons means that they can pretty much do what they like, but why would they? Why not honour some of the promises that they made in the Brexit debate and give power back to the people?

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[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Henig, and to hear not only her very cogent arguments but also her questions. I do hope the Minister will answer them, particularly on trade with China.

I support Amendments 7 and 44 in the name of the noble Baroness, Lady McIntosh. It is obvious immediately, from the way she laid things out at the very beginning, that the Government have done a little but not enough. It is a pleasure for me to speak in this group and have a tiny part in the Government’s compromise amendments. Although they are welcome, they just do not do the job. Why do they not guarantee the commission its independence? The weakness is exposed when compared with the non-government amendments in this group. While I would like to call a win a win, I do not think we really have a win here. I am worried that this welcome but small compromise will actually create nothing more than a talking shop, which can simply be ignored by the Government.

The Government have put the Trade and Agriculture Commission on a statutory footing, with Amendments 49 and 50, given it a degree of permanency and have even seemed to incorporate what we were pushing for in that it should have its own staff and facilities, but then government Amendment 36 throws all that out. A Secretary of State can ditch the whole thing with a statutory instrument. How is that sticking to a promise about making this a body that can properly do the job?

I hope that the Minister will think again before Third Reading, so that we do not have to compromise endlessly with a body that is too feeble and inconsequential to do the job.

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

My Lords, it is a pleasure to follow the noble Baroness, Lady Jones of Moulsecoomb. I am a signatory to Amendments 7 and 44, and I congratulate the noble Baroness, Lady McIntosh of Pickering, for her very accurate, extensive and comprehensive exposition of those amendments, as well as her critique of the government amendments in this group. While we welcome the establishment of the Trade and Agriculture Commission on a permanent basis in statute, there are certain distances yet to come. Obviously, like other noble Lords, I question the content, the purpose and remit of Amendment 36, which seems to nullify the impact of the Trade and Agriculture Commission. Like the noble Baronesses, Lady Jones of Moulsecoomb, Lady Henig and Lady McIntosh of Pickering, I ask the Minister to outline the purpose and remit to see whether he can provide us with any assurances that it is not simply there to negative what is already in existence by way of secondary legislation or in a statutory instrument.

Amendment 7 provides 42 days for parliamentary scrutiny, which is better because it allows adequate time for that scrutiny to take place. A new schedule outlined in Amendment 44 provides for a Trade and Agriculture Commission with greater independence to link in with the whole agricultural area. We should always remember that those involved in the farming industry need this independent body to advise on trade matters, agricultural and food standards, and environmental standards. Like other noble Lords, I would like to see references, and hope the Minister could provide us with some detail about the need for food safety, as well as for employment and human rights. Those are equally important requirements.

In submissions that we have received over the last few days, Greener UK has lobbied along with the farming organisations for the Trade and Agriculture Commission. Given that the UK’s food standards are high on the negotiating priorities of many of our prospective trading partners, stakeholder input and scrutiny of trade deals in relation to agri-food standards, it is important that the UK delivers the public’s expectation to maintain high standards. It has been recognised that the Government have taken a step in the right direction by putting the Trade and Agriculture Commission on a statutory footing through the various government amendments, but again I question Amendment 36. I thank the Minister for the meeting he had, on a cross-party basis, with noble Lords on the various issues to do with the Trade and Agriculture Commission, but I believe that the Government could go a little further. Perhaps the Minister could specify if there are any additional details to be provided at Third Reading. The new schedule proposed in our Amendment 44 underpins the need for the independence of the TAC.

Will the Minister spell out how the Trade and Agriculture Commission will be required to produce an annual report with recommendations on how to improve food import standards and how to incorporate changes in domestic standards into existing and future trade deals? How will the Secretary of State be required to take all these recommendations into account when setting trade negotiating objectives, and how will the Government issue a response to the recommendations? Will the Minister provide some assurances in that regard and will he be bringing something forward at Third Reading?

We also note that the TAC’s scope in the government amendment is limited to agricultural goods and does not address wider scrutiny of regulations and standards pertaining to other goods and services that may be impacted by trade deals, such as chemicals, which the amendment of the noble Lord, Lord Stevenson of Balmacara, makes provision for. This, from memory, has already been referred to by the noble Lord, Lord Grantchester, in his submission.

I am very happy to support Amendments 7 and 44. I am pleased that the Trade and Agriculture Commission will be put on a permanent basis, but I plead with the Government not to negative the good work by having Amendment 36, and ask the Minister not to press that.