Australia-UK Free Trade Agreement: Scrutiny

Lloyd Russell-Moyle Excerpts

Tuesday 19th July 2022 Commons Chamber

[Mr Jayawardena]

My hon. Friend is rightly thoughtful in this area. Food security remains important. As a result of the challenges faced in the last 26 months because of covid and the war in Ukraine, I have seen this for myself. It is right that we back our farmers. It is really important that we seek new markets in which they can secure greater value for their products, which will encourage them to continue to farm more land more productively. I assure the House that the Trade and Agriculture Commission said that the deal does not require the United Kingdom to change her existing levels of statutory protection in relation to animal or plant life, or health, animal welfare and environmental protections, so there is no threat in that regard.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

I sit on both the International Trade Committee and the Public Administration and Constitutional Affairs Committee. The latter is doing an inquiry into CRaG. We heard clearly from legal experts last week that it is unprecedented for the Government to ratify a treaty before the implementing legislation has been passed. The fact that the Government are trying to ratify the treaty through the CRaG process before that is surely problematic. In addition, the fact that CRaG only allows a treaty to be stopped through a debate and then a vote in this Parliament means that the denial of a debate is the denial of the CRaG process, in the spirit in which it was written. I beg the Minister to reconsider his foolish urgency on this matter, delay CRaG by 21 days—that would not delay the ratification of the treaty, because the implementation legislation is still needed—and give us a debate.

[Mr Jayawardena]

I do not think that seven months is rushing anything. This agreement can be ratified only once Parliament has scrutinised and passed the implementing legislation in the usual way.

--- Later in debate ---

[Mr Jayawardena]

I am very happy to set out the process of the Constitutional Reform and Governance Act, introduced by the last Labour Government. For the first time, it gave statutory effect to the opportunity for parliamentary disapproval of treaties, and the process is—

[Lloyd Russell-Moyle]

How?

[Mr Jayawardena]

I am very happy to set out the process, Mr Speaker, if you allow me the time. There are four points. First, the Government may not ratify the treaty for 21 sitting days—days when both Houses are sitting—after it was laid before Parliament. Secondly, if within those 21 sitting days either House resolves that the treaty should not be ratified by agreeing a motion on the Floor of the House, the Government must lay before Parliament a statement setting out their reasons for nevertheless wanting to ratify. Thirdly, if the Commons resolved against ratification, regardless of whether the Lords did or did not, a further period of 21 sitting days is triggered from when the Government’s statement is laid. During that period, the Government cannot ratify the treaty. Fourthly, if the Commons again resolves against ratification during that period, the process is repeated. That can continue indefinitely, in effect giving the Commons the power to block ratification. Of course, that is what the Opposition want—to block the opportunities of Brexit from this trade deal.