Trade Bill

Baroness Thornton Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Tuesday 2nd February 2021 Lords Chamber

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[Baroness Thornton]

Leave out “not”

[Baroness Thornton (Lab)]

I thank the Minister for his opening remarks and the reassurances that he seeks to give us about health, social care and data. We return to this issue because we raised it in Committee and on Report and there has been considerable support across your Lordships’ House. A Division took place on 7 December at around midnight, which was won quite substantially. I am again inviting the Minister to accept this amendment so that the Government can proceed with their trade negotiations, confident that Parliament has expressed its clear intention.

The reason this is so important is that although the Government have repeatedly promised that the NHS will be “off the table”—those promises were repeated at some length by the Minister, for which I am very grateful—to ensure that this is the case, and that future Governments are able to reform the NHS and the interface with social care moves towards a more collaborative model, the Bill must ensure that the health and social care sectors are excluded from the scope of all future trade agreements, including services and investment chapters.

While the Government have repeatedly pledged that the NHS is not on the table in trade negotiations, we also know that there have been detailed conversations between the UK and US negotiators, revealing that health services have been discussed and that the US is probing the UK’s health insurance system and has made clear its desire for the UK to change its drug pricing mechanism. I was reassured by many of the things the Minister said, but he repeated what the Government have always said about the NHS—they guarantee that it will be free at the point of use. That is great, but it does not say, “We are protecting the public ownership of our NHS.” That really is the point; many things can be free at the point of use that are not publicly owned. It is important to recognise that that takes us only so far.

The Bill is being discussed in the context that Parliament does not yet have adequate powers to guide and scrutinise trade negotiations; I sat in on the end of the previous discussion, which was about work in progress. The current process provides no legal mechanism to directly influence or permanently block trade agreements—hence the amendments which we have discussed throughout the passage of the Bill. I thank the noble Lords, Lord Patel, Lord Freyberg and Lord Fox, who supported this amendment on Report.

This amendment is a merging of the important amendment about NHS data tabled by the noble Lord, Lord Freyberg, with the one about the NHS and public health. These are national assets which must not be put in jeopardy or squandered in whatever the future holds for UK trade with the world. To guarantee protection, the Bill must ensure that the health and social care sectors are excluded from the scope of all future trade agreements. It is important that the Minister says that this is the case, and he has done so this evening.

The Bill must rule out investor protection and dispute resolution mechanisms in UK trade deals to ensure that private foreign companies cannot sue the UK Government for legitimate public procurement and regulatory decisions that we decide to take with regard to our public services, including the NHS. If a future Government want to change the structure of the NHS, they must not be prevented from doing so by trade deals that this Government might agree. The Minister needs to guarantee that this will not happen. I beg to move.

[Lord Grantchester (Lab)]

Motion E1 in my name is on the non-regression of standards in international trade agreements. Your Lordships’ House will remember the outcome of the Agriculture Bill—now the Agriculture Act—on the subject of standards on imported food and the inclusion of Clause 42 in the legislation. Indeed, the Minister has referred to this already. The three key areas in relation to international trade negotiations and agreements are listed in subsection (2) as

“human, animal or plant life or health”,

together with animal welfare and environmental protection. To this, the basic non-regression of standards underlined by the withdrawal agreement and the EU-UK Trade and Cooperation Agreement, clarity and certainty must be provided in relation to the UK’s ability and competence to be able now to diverge in its standards.

As befits the non-regression of standards in an international trade context in the Bill, certain other fundamental standards across society and how the United Kingdom operates must be added to that list. The earlier amendment supported on Report by your Lordships’ House included the importance of employment labour law as well as human rights, child and women’s rights and international obligations, but this amendment now also includes two further key vital areas on which the House and the public have spoken loudly and clearly, which were also listed in subsection (2): online harms and the National Health Service.

Once again, the Government will assert that they have no intention to regress, but this must be clear in a fundamental area of UK law. The public are rightly fed up with the abuse on social media of their black footballers and heroes. Anonymity should no longer be somewhere for abusers to hide. The Government are treading slowly towards more detailed legislation to come on online harms, and I thank the noble Baroness, Lady Kidron, and others, who have so boldly paved the way for this to happen.

The National Health Service is another fundamental area, cherished throughout all four nations of the UK. I thank my noble friend Lady Thornton for her introduction of her Motion D1. She is correct that the NHS is a national asset, not to be jeopardised as the UK begins to make new trade agreements but to be guaranteed protection in her amendment and in my amendment as part of the non-regression of our nationally recognised standards.

This amendment has heard and recognised the debate in the Commons on your Lordships’ amendments sent to them in previous weeks. This amendment signals that I wish to resolve with the Government by returning to the agreement secured on the last Trade Bill, so ably guided through your Lordships’ House by the then Minister, the noble Baroness, Lady Fairhead. This reflects her drafting that implemented trade agreement provisions, including any primary or secondary legislation, must be consistent with maintaining the existing statutory protections as listed.

At the time, the focus was on leaving the EU and securing rollover deals to the existing EU agreements. The Government will say that they have abided by their commitments without legislation. Certainly, I congratulate them and the Minister on having secured 62 rollover agreements; the process is very nearly done. I now assert that this amendment is needed more than ever, as work is under way in the next phase of trade deals. I would be grateful if the Minister could confirm in his response, first, that he agrees that we need a clear, all-embracing statement of our commitment to the non-regression of standards on the face of the Bill; and, secondly, having said that, and understanding that the Government will not proceed with a new deal if they consider that Parliament may not be supportive, why do they undertake deals piecemeal, as they contend, deal by deal? Surely this sort of amendment can help us to do better. Is the Minister expecting Parliament to be tied up with detailed consideration of each individual deal from now on? However, I am heartened by his opening remarks.

I would also like to mention the amendments in the name of the noble Baroness, Lady Boycott—Motions H1 and J1—and thank her for returning to the important subject of food. The Commons has now had a chance to reflect on the wording of the Trade Bill, in conjunction with the wording of the Agriculture Act, and I thank the Minister for our continuing discussions. I also thank Heather Hancock, the chair of the Food Standards Agency, for discussions with her as well. However, certain issues may remain on which it would be helpful if the Minister could reply to provide clarity and certainty regarding how this non-ministerial government department will work with the Trade and Agriculture Commission to provide advice to the Minister, which will then become part of reports to Parliament on all future trade agreements in relation, importantly, to the new arrangements under earlier amendments taken already today.

The Minister is aware of the questions I have raised. After the debate and his responses, I will write to him—if I may—with any that require further deliberation, and ask that, as decisions are taken, they be announced as ministerial Statements.

I therefore conclude by stressing the importance of my amendment on standards, on which I will be seeking the opinion of the House. Standards define who we are as a society and as a nation. Standards define how we nourish ourselves as human beings. Standards define how we cherish the world in all our environments. Standards define how we respect our relationships with all other animals. Standards define how we treat each other in all our working relationships. Standards define how we treat each other online as in our interfaces with each other. These reflect our values; all this will be reflected in our laws. I conclude that this amendment is how we should insist we will continue in all our trading relationships.

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[The Deputy Speaker (Baroness Henig) (Lab)]

I now call the noble Baroness, Lady Thornton.

[Baroness Thornton (Lab)]

My Lords, this Government have proved themselves capable of constructive engagement and compromise on the MMD Bill, which I have been working on for many months. In that spirit, and in the sincere hope that the Minister will do as he has said, I beg leave to withdraw my amendment.

Motion D1 withdrawn.