Trade (Disclosure of Information) Bill

Jonathan Edwards Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 16th December 2020 Commons Chamber

[The Minister for Trade Policy (Greg Hands)]

I beg to move, That the Bill be now read a Second time.

The UK will regain full control of its borders at the end of the transition period on 31 December. Irrespective of the ongoing negotiations with the European Union regarding a free trade agreement, the Government have been clear that there will be additional requirements for people and goods travelling to the EU. Since the Trade Bill is unlikely to pass and receive Royal Assent before the new year, we need to ensure that there is no gap in the Government’s ability to share the information that we already collect and hold in order to mitigate any temporary friction from the end of the transition period. That is what this Bill achieves, replicating the Government amendments made to the Trade Bill—clauses 8 to 10 —which is currently passing through the other place. These powers are critical to support the use and sharing of trade-related data between Government Departments and public bodies. They will ensure that there is no lapse in their ability to do this at the end of the transition period before the Trade Bill achieves Royal Assent.

In summary, the Bill will allow the effective use of Government data to ensure the smooth flow of people, goods and services after the end of the transition period. The Cabinet Office’s border and protocol delivery group—the BPDG—is leading work to ensure that our borders are robust and efficient, establishing a borders operations centre to monitor and manage flow through the border and support mitigation of any disruption.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

The Bill is relatively uncontroversial. However, the flow of information in itself will not be enough to deal with the situation we are likely to face in the new year. How concerned is the Minister by the Select Committee on Welsh Affairs’ report that the Welsh ports, in particular, are at an unacceptable risk of not being ready for whatever faces them at the beginning of next year?

[Greg Hands]

I thank the hon. Gentleman for that intervention, which was well put. I appeared before the Welsh Affairs Committee as part of its inquiry, and I read its report in some detail at the weekend. We are working flat out across Government to ensure that all our borders and ports are ready. It is the purpose of the borders and protocol delivery group and of the borders operation centre to make sure that we are ready. We are confident that we have done everything we can to ensure that we are ready on our borders for 1 January, but I have read the report and I noted what it had to say. The Government will be responding in due course.

These powers are critical to support the use and sharing of data related to trade. As I mentioned, a border operations centre will monitor and manage flow through the border and support the mitigation of any disruption. To facilitate that, the Bill will ensure that the Government make the best use of the data they already collect and hold, and reduce inefficiencies and bureaucracy for business. It will support better services by permitting data on the flow of international trade to be shared and analysed, and by helping to identify and resolve the root cause of disruption. It will allow the Government to use data more effectively to plan new controls at the border, ensuring that security is maintained, that new requirements are introduced seamlessly and that any temporary friction is mitigated.

We recognise that the Bill has been proposed on an expedited schedule, and that hon. and right hon. Members attach great importance to data security, so I would like to reassure the House that the Bill contains measures to ensure that the permitted use of the data it facilitates is discretionary and specific. The Bill does not create any additional powers to collect data, and it applies only to the public bodies specified and only where those public bodies are satisfied that the data use would support a Ministers’ functions relating to trade. It creates an offence of unlawfully disclosing information, and ensures that data sharing remains subject to general data protection regulation and Data Protection Act protection. Regarding the expedited schedule, I should emphasise that all these measures have already been subject to substantive scrutiny in both Houses during the passage of the Trade Bill, through the relevant clauses, without further amendment. The Bill also contains a sunset clause, which will ensure consistency with the powers being delivered through the Trade Bill.

Clause 2(9) provides the power for a Minister of the Crown to add public authorities to the data-sharing gateway. As this power would include the ability to add devolved Ministers, it has the potential to alter the executive competence of devolved Administrations. In accordance with the Sewel convention, we are seeking consent from the devolved legislatures, and I have written to Ministers in Wales, Scotland and Northern Ireland to begin this process.

[Jonathan Edwards]

I am grateful to the Minister for giving way, and I apologise for intervening on him once again. Is that the reason that the Welsh Government are not specifically included in clause 2? Are the Government waiting for the legislative consent motion to go through, after which the Welsh Government would be included as one of the groups that would be part of the data sharing? What is the reason for the Welsh Government not being included in clause 2?

[Greg Hands]

Actually, I will have breaking news. I think that the Welsh Government have given legislative consent to the Bill this morning. Secondly, we have very good and constructive engagement with the Welsh Government, particularly with Baroness Eluned Morgan in the other place. I might add that we did not have that constructive engagement actually in the other place, but via Zoom. We have had very constructive engagement with the Welsh Government to ensure that we have the ability to work together to manage these aspects. Trade is obviously a reserved power, but it has an impact on devolved competences. For example, the management of highways around ports is firmly in an area of devolved competence, so making sure that the two Governments can work together is extremely important.



During the passage of the Trade Bill, we have undertaken a significant programme of ministerial and official-level engagement with the devolved Administrations. That has enabled us to respond to requests, including those related to data-sharing gateways, to assist them with their devolved functions. As the Trade (Disclosure of Information) Bill replicates clauses in the Trade Bill, I will be making the same two commitments to the devolved Administrations on data sharing that we made during Committee of the Trade Bill in the other place.

First, the data shared under clause 2 will be used by the border operations centre being established by the Cabinet Office to develop strategic insights about the flow of trade and functioning of the border. The Cabinet Office is committed to sharing strategic analysis related to flow of trade where it will support the more effective management of flow through the border. The Cabinet Office will continue to work closely with devolved Administrations to ensure that relevant analysis and information can be shared to support devolved functions relating to trade and management of the border. Secondly, the UK Government commit to consulting the devolved Administrations before any devolved authorities are added to the list of specified authorities that can share data under clause 2.

Regarding the expedited schedule that we are using today, I should emphasise that all these measures have already been subject to substantive scrutiny in both Houses during the passage of the Trade Bill through the relevant clauses, without further amendment. As I said, the Bill contains a sunset clause, which will ensure consistency with the powers being delivered through the Trade Bill.

This Bill is necessary to ensure that Government can use this information properly to minimise disruption at the border following the end of the transition period. It is limited in scope and contains specific safeguards to prevent inappropriate or excessive use of data. It is a procedural but vital Bill to support readiness for the UK to take back control of its borders, minimise any temporary disruption to the flow of people and goods, and support the development of smart processes and frictionless trade that will support businesses and citizens alike. That will, in turn, underpin the delivery of a world- class border fit for the UK’s future as an independent trading nation, protecting our country, strengthening our economy and growing our international trade. I commend the Bill to the House.