Trade Bill

Baroness Suttie Excerpts

Committee stage
Tuesday 13th October 2020 Lords Chamber

[Baroness Noakes (Con)]

My Lords, I was quite surprised to find the noble Lord, Lord Purvis of Tweed, concentrating on the costs involved in the border between the UK and the EU. When I put my name down to speak in this group, I thought it was about assessing the costs of our trade with other countries. Let me be clear: I am always in favour of ensuring that the Government identify the costs and burdens on business in all of their activities, so he will not find me opposing his amendment on that ground at all.

However, his amendment is very unclear, because it is not clear what the counterfactual is: costs compared with what? In the context of his subsection (1), which is about the rollover agreements, are the costs compared with the current status quo—that is, in the implementation period—or with trading on WTO terms after 1 January, or with something else? It is very unclear. In the case of subsection (2), presumably the cost will be compared with trading with those other third countries on WTO terms because that would be the counterfactual. It seems to be highly unlikely that we would enter into a free trade agreement with another party that involved costs additional to those trading on WTO terms, so the noble Lord’s amendment does not entirely make sense.

[Baroness Suttie (LD) [V]]

My Lords, I shall be brief, as my noble friend Lord Purvis has already made a characteristically clear and robust case for impact assessments as set out in Amendment 42, to which I have added my name.

Given the highly complex and as yet unresolved nature of the situation in Northern Ireland as a result of the Northern Ireland protocol, does the Minister not agree that impact assessments would be particularly helpful to the business community there? An evidence-based approach would provide an opportunity to highlight any particular concerns and any additional costs that could have such a negative impact on Northern Ireland businesses, not least because of the highly complex supply lines there. Impact assessments would provide a greater understanding of the facts and allow for more effective planning and preparation, as my noble friend Lord Purvis has said.

The Minister will know that, in May, the Northern Ireland Business Brexit Working Group submitted more than 60 detailed questions to the Government, following its analysis of the impact of the changes facing Northern Ireland businesses at the end of the transition period. However, 17 of these questions remain unanswered. Can the Minister say when he expects answers to be given to these remaining questions, most especially given that we are now just over two months away from the end of the transition period?

The Government published a detailed, 60-page document setting out the possible economic advantages of a trade deal with the United States. A detailed analysis was presented in May this year on the likely impact of a trade deal with Japan. Yet in March this year, Michael Gove told the House of Commons Committee on the Future Relationship with the European Union that there would not be an impact assessment on the UK-EU trade deal currently being negotiated. Can the Minister therefore explain what criteria is used to decide whether or not to carry out an impact assessment on any future trade deal? Can he say whether the Government intend to publish an impact assessment on the EU-UK deal and, if so, when will it be done? Will particular attention be given to the very specific set of circumstances facing Northern Ireland?

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[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I will be brief. The noble Lord, Lord Hain, and the noble Baroness, Lady Ritchie, have outlined clearly the sad and urgent need for these amendments. I particularly commend the words of the noble Baroness, Lady Ritchie, speaking from the heart from a lifetime of experience on the ground. Lives and businesses have been peacefully and productively intertwined between Northern Ireland and Ireland and must not be torn asunder.

It is a year since I came into your Lordships’ House. I did not appreciate then—although, in retrospect, perhaps I should have, given that it was just after the unlawful Prorogation of the other place—that in 12 months’ time I would have to join a broad coalition of fellow Peers speaking up simply for the rule of law, the Government having explicitly disavowed adherence to it.

We are daily reminded of the fragility, instability and weakness of our current institutional arrangements and the pressing need to make the UK a modern, functional democracy. I go back to a paper from the Constitution Society in 2019, which noted:

“We have long assumed that those who rise to high office will be ‘good chaps’”.


The gendered nature of that phrase is telling but not my main point. The paper concludes that general standards of good behaviour among senior UK politicians can no longer be taken for granted.

Reflecting on the suggestion of the noble Lord, Lord Lansley, that these amendments are unnecessary because they are already covered, my response would be that, on an issue of this importance, we need to seek every possible protective mechanism in these circumstances. That is the context in which these amendments come before us. The practical reality is that they create laws that then may well have to be enforced on the Government. I urge the proponents to pursue them to the utmost.

[Baroness Suttie (LD) [V]]

My Lords, in his eloquent speech, the noble Lord, Lord Hain, set out the background and the history to this important group of amendments on Northern Ireland. I am pleased to have been able to add my name to the amendments. I am also delighted to have received the support of the noble Lord, Lord Lansley, on Amendment 58, although I felt that there were perhaps some contradictions in his argumentation. I look forward to seeing him in our Division Lobbies when we come to vote on this on Report.

We heard some extremely passionate speeches from other noble Lords, in particular from the noble Baroness, Lady Ritchie of Downpatrick, who has also signed these amendments and who spoke so movingly about the realities and threats that we face on the ground in Northern Ireland. I shall limit my remarks to Amendments 58 and 59.

As the noble Lord, Lord Hain, said, if a year ago there was already a strong case for these amendments, since the introduction of the internal market Bill they have become ever more important to safeguarding the Good Friday/Belfast agreement. I hope that these amendments, or similar, will be retabled on Report, so that we can test the opinion of the House.

It is worth briefly recalling how the Government have taken us to this point. We are in this situation because from the outset the Government have promised a series of incompatible things, namely that the whole of the UK would leave the customs union and the single market, that special status for Northern Ireland was ruled out and that there should remain no border on the island of Ireland.