Exiting the European Union (Customs)

Debate between Jim Cunningham and Graham Stuart

Monday 8th April 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for International Trade (Graham Stuart)]

I beg to move,

That the draft Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2019, which were laid before this House on 15 March, be approved.

I am pleased to be able to open this debate on the regulations. These regulations amend provisions of regulation (EU) No. 2019/125 of 16 January 2019 concerning trade in certain goods that could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

The EU regulation divides these goods into three distinct categories. First, I will begin by explaining to the House that the regulation prohibits the import and export of goods that have no practical use other than capital punishment or torture. These goods include, among other things: gallows; guillotines; electric chairs; airtight vaults; electric shock devices intended to be worn on the body; cuffs for restraining human beings that are designed to be anchored to a wall; batons and shields with metal spikes; and whips with barbs, hooks and spikes. These are appalling instruments of torture, and the Government have a clear position that the trade in such goods from the United Kingdom is absolutely unacceptable. Their export and import are prohibited, and the only exception to this rule is if the items are to be displayed publicly in a museum.

[Mr Jim Cunningham (Coventry South) (Lab)]

What discussions has the Minister had with his EU counterparts, for example, about how we will enforce these regulations when we leave?

[Graham Stuart]

I thank the hon. Gentleman for that question. The aim of these regulations is to transpose the existing system, which is reliant on EU law, into purely UK law. However, he rightly identifies the issue of co-operation with other countries in the EU. We will have our own discrete regime. We have no intention of making changes to it. We will be looking to co-operate with our colleagues in the EU—and beyond—in making sure that these appalling goods are not trafficked around the world.

Secondly, the regulation imposes controls on the trade in specified goods that have legitimate uses—for example, in law enforcement—but that also carry a risk of being used for torture. These goods with potential torture application include oversized handcuffs, shackles, gang chains, spit hoods, electric shock dart guns and pepper sprays.

The third category involves those goods listed in annexe IV of the EU regulation. The annexe lists several short-acting and intermediate-acting barbiturate anaesthetic agents such as amobarbital, pentobarbital and secobarbital. These goods have a legitimate use in medicine, in research laboratories and in university chemistry departments, but they have also been approved for use—and, in some countries, actually used—either on their own or as part of a cocktail of drugs for execution by lethal injection. We will not help any country with capital punishment, and we will continue to lobby against and seek to influence countries that continue the practice, with a view to ending capital punishment. We do not license the export of these barbiturate products to countries that have not abolished the death penalty without an end-user assurance that they will not be used for capital punishment, and we will not do so after EU exit.

All of us will have the immediate reaction that it is terrible that the UK should ever be involved in the trade of any goods that could be used for capital punishment or torture. I am confident that we can all agree that the United Kingdom does not want to be a country that makes its living trading in such possible tools of torture. These goods have been controlled by European Union regulations for well over a decade, and the United Kingdom intends to carry on with those controls in a similar way. Let me reassure the House that exports from this country of such goods have been minimal over the past decade, averaging 10 licences per year, and we do not expect that to change. The types of goods exported under licence include handcuffs for prison service use and pepper sprays for use by the police in places such as the Crown dependencies, Australia and New Zealand. We have also licensed barbiturate anaesthetic agents for medicinal use and laboratory testing. The quantities are low, and the export value is small. We do not envisage any growth in exports of those goods after EU exit.

Let me be clear about the purpose of these amending regulations. In their absence, existing European Union law would not be effective in UK domestic law on the day we exit the European Union, and our ability to control these goods would be undermined. After EU exit, this legislation will enable the Secretary of State to control the export from the UK of the listed goods that could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. As far as is possible, the legislation will operate as it does now, but controls on the goods will apply when they are exported from the UK rather than from the EU.

I do not believe that UK exporters want to be involved in a trade in torture goods, and I do not believe that these are the sorts of goods that UK businesses want to make, sell or export. Nevertheless, our export controls have an important part to play in promoting and ensuring global security, by controlling the goods that leave our shores. The Government have a responsibility to be prepared for any exit-day scenario, and we need to ensure that these controls continue to function properly. These exit-related regulations are just a part of the necessary legislative building blocks to ensure readiness on exit day.

The European Union (Withdrawal) Act 2018 enables a functioning statute book on exit day by providing Ministers with the tools to deal with deficiencies in domestic law arising as a result of our exit from the European Union. These regulations thus take another step towards completing the legislative part of controlling the export of strategic goods in preparation for a no-deal exit scenario. The Department for International Trade will continue to work to provide detailed advice and guidance about export controls and trade sanctions through EU exit and beyond. If these regulations are no longer required on exit day, we expect to revoke or amend them. Alternatively, commencement could be deferred to the end of an implementation period.

I want to take this opportunity to remind the House that these regulations are solely about preparing for European Union exit and ensuring that we have a functioning statute book in any scenario. These amendments must happen because of EU exit, but EU exit is not happening because of these amendments. Parliament needs to ensure that the existing controls remain in place. Negotiations about the future relationship between the United Kingdom and the European Union or the wider world are a separate matter. They play no part in this debate today. Broadly, all the provisions applying to exports from the EU customs territory today will instead apply to exports from the UK. For this reason, the Government have made every effort to provide certainty for businesses and the public wherever possible. There is no new marketing opportunity for the export of the tools of torture.

In August last year, we published a technical notice on export controls that explained our plans for post-EU exit export control licences. We will use our “Notices to Exporters”, which has 20,000 subscribers, to advise and communicate with UK businesses. We have also included EU exit advice in the export control training programme and at the annual export control symposium, as well as giving extensive advice to key sector trade associations.

I hope that the House will work in the interests of the nation to ensure the passage of this legislation, which is essential to ensuring we are prepared for EU exit and that we continue the ban on the trade in torture goods and the control over the trade in goods with the potential for torture application. I commend the motion to the House.

Children and Families Bill

Debate between Jim Cunningham and Graham Stuart

Tuesday 11th June 2013 Commons Chamber

[Mr Jim Cunningham (Coventry South) (Lab)]

I apologise for coming in a bit late. Some years ago I had a ten-minute rule Bill on this subject and I welcome the fact that the amendment will address it. I would like to put it on record that, as far as I am concerned, this is a welcome amendment.

[Mr Stuart]

I welcome that intervention.

These statistics are unacceptable and reflect a situation that places unfair pressure on children, parents and teachers alike. The new clause would require schools to engage directly with parents and to co-operate with local NHS authorities in preparing and implementing strategies to head off these risks. I suggest to the Minister that its inclusion would strengthen the Bill and help end the status quo whereby the quality of support available to children and families coping with conditions such as diabetes is largely a matter of chance.

I am mindful of your strictures on time, Madam Deputy Speaker, but I would like to speak in support of amendment No. 43, tabled by my hon. Friend the Member for South Swindon (Mr Buckland). I am concerned that requiring local authorities to review the continuance of EHC plans for young people aged over 18 with specific regard to their age may make it more likely that support would be curtailed or dropped altogether on the basis that the young person would be deemed to have made the transition into adulthood. This concern is heightened by paragraph 231 of the explanatory notes to the Bill, which explains the thinking behind clause 45. It gives examples of potential stages at which EHC plans can be amended or replaced. These include the end of a specified phase of a young person’s education or when a young person becomes a NEET. This runs contrary to the recommendations made by my Committee in our report, where we acknowledge the particular position of NEETs and apprenticeships and the potential of EHC plans to assist young people with SEN into constructive employment. We recommended that the Bill should provide entitlement to EHC plans both to NEETs of compulsory participation age and to young people who are undertaking apprenticeships.

We heard from Dai Roberts, the principal of Brokenhurst college, who cited the case of two learners with profound deafness who were then on marine engineering apprenticeships. They had to have signers to help them with their training. These are precisely the young people who need extra support in order to follow their ambitions so they can get on and make a success of their lives. The amendment deserves support and clause 45(4) deserves to be scrapped.

My final remarks will be on the local offer. Getting that right will be essential to ensuring that the Bill overall helps young people. I am confident that those who get an EHC plan will be in a better situation than those under the previous regime of statements. In fact, it is essential to ensure not that it is easier to get a plan—the Minister, surprisingly in my view, said he wanted to make that case. I hope that there will be fewer people having plans than under statements, not because there is an effort to guide them away from them, but because local offers meet so many of the needs of parents and young people that there is not a requirement for the bureaucratic involvement that will be required even in our streamlined EHC system.