European Union (Withdrawal) Bill

Lord Adonis Excerpts

Committee: 7th sitting (Hansard): House of Lords
Wednesday 14th March 2018 Lords Chamber

You cannot be clearer than that.

[Lord Adonis (Lab)]

My Lords, since this is my noble friend’s last speech in Committee on the Bill and as we are so distressed at the thought of not getting his further advice on our procedures, has he detected any advantage whatever, on any substantial issue relating to food protection or standards, from us leaving the European Union?

[Lord Rooker]

The short answer to that is no. I will give the evidence as my final point. In 2013, the coalition Government set up the balance of competences review of 32 areas of government. At the time I chaired the Food Standards Agency, a non-ministerial department, so I was part of the coalition in a way. It was a bit of shock when I turned up to a Cabinet sub-committee one day. There was a separate review on animal health and food safety. We consulted and did a lot of research work. As I said, people thought that the EU does not do much and that they were not very secure. We consulted widely on food standards and safety. The balance of views from the Food Standards Agency and Defra—it was a joint report in the end—was that we were better off being in this system of regulations. I am a Brussels sceptic but I believe that, on balance, UK customers are better protected in terms of food and feed in this system. I have not spent much time on feed, but it is the Achilles heel of all this. But the short answer to my noble friend is no. The balance of competences review, which can be found in the Library, is there for everybody to read. We have been through all this before.

I will finish on this point. What happened to the 32 reports on the balance of competences? They were buried, because they all came out with roughly the same idea: by and large we are better off being in the EU arguing our case than being out. So we never heard any more about them until we had the barmy idea to have a referendum.

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[Lord Moynihan (Con)]

My Lords, I will speak to Amendment 147A, which proposes a requirement to seek ongoing reciprocal arrangements in the field of professional sport. I am grateful to the noble Lords, Lord Addington and Lord Stevenson of Balmacara, and the noble Baroness, Lady Grey-Thompson, for their support of this amendment.

Sport in the UK is woven intricately into the fabric of European policy and the EU’s bilateral arrangements with the world’s international federations of sport. Professional football sits at the pinnacle of that intricate tapestry. Our duty to sports men and women is, first, to understand the ties that bind the sporting world in the UK to Europe and then to unpick, reshape and ultimately redesign a model that keeps our sporting industry robust, competitive and capable of retaining its positon as a global leader. In the brief time that I have available, I want to set out the key points, genuinely confident in the knowledge that the Minister and the Government, and indeed all parties, are interested in seeking the same solution: the retention of an environment in which the British professional sporting landscape can flourish commercially, competently and competitively on behalf of everyone involved in the industry.

It will not have escaped your Lordships’ attention that today is the second day of Cheltenham. Indeed, my expectation is that many noble Lords would prefer to be at Cheltenham than here, but such is their commitment to the Committee stage of this Bill that they are rightly here debating these issues. Cheltenham highlights an important point. The festival focuses and relies on the movement and transportation of horses and on welfare issues. Thoroughbred horseracing and breeding is a truly international industry, with significant roots in Europe. Its continued growth is predicated on the ability to move racehorses as freely as possible for competition and breeding while, crucially, retaining the highest levels of animal health, welfare and biosecurity. A key element to this is the tripartite agreement, or TPA, between the UK, France and Ireland, which facilitates 25,000 movements annually between the three countries for racing, breeding and sales purposes. There is no clarity at all on what will happen to that tripartite agreement post Brexit, but it is essential for the success not just of Cheltenham but of the industry. At Cheltenham alone, 30% of the runners have crossed European borders in order to race.

I very much hope the Minister can give comfort to the House and tell us that after the proposed transition and implementation period through to the end of 2020, when arrangements for the movement of thoroughbreds are finally determined, they will continue to be based on the thoroughbreds’ high health status. That would mean no severe delays at ports, which is vital, not least for mares who are toing and froing with foals. This issue is critical to the British Horseracing Authority and the Thoroughbred Breeders’ Association, and I very much hope that my noble friend the Minister will take that point on board.

[Lord Adonis]

Is the noble Lord suggesting that Royal Ascot may not happen next year if these matters are not finalised? Does he know whether Her Majesty has been consulted about this eventuality?

[Lord Moynihan]

I know that the whole question of Royal Ascot and the timing of the Queen’s Speech last year was very much determined by Her Majesty. I know for sure—and all noble Lords will know—that the Government, I hope, are absolutely committed to resolving the issues, which are vitally important and serious for the horseracing industry.

On the wider sporting front, we need clarity and certainty over the EU-UK’s future relationship for the sporting industry. I urge the Government to set out clearly what this relationship will look like so that the sports sector can prepare for the future. We also need to look beyond the specifics of top-level elite and professional sport. While the issues of players and transfers in football are important, they should not be the only focus of government in seeking to negotiate the best possible settlement for the sector.

We also need to focus on the continued freedom of movement on a seasonal basis for particular sports. I hope that the Government will consider proposing sports-specific visas to allow players, fans and support staff to enter and leave the European Union easily.

We have been a very important and attractive destination in hosting many events, not least the London 2012 Olympics. However, there will be increased challenges for fans and players to come into and exit the UK which could not just reduce the pool of workers but risks making the UK a less attractive international destination to host events. I hope the Minister will address that point.

As far as the Premier League is concerned, I mentioned that football was at the pinnacle of the debate. That is because there are very important points about player transfers—Bosman issues are high on that list. I will focus the Committee’s attention today on one point, although there are many aspects of professional sport that will be need to be addressed and I hope are currently being addressed. FIFA has a relationship with the European Union under Article 19, which allows international transfers to be permitted only for players over the age of 18, save for limited exceptions. One exception is that the transfer takes place within the European Union or the EEA, when the age criteria is reduced to 16.

When we leave the EU, we could potentially lose the ability to utilise the exception in Article 19 and therefore be prevented from signing players at other EU clubs between the ages of 16 and 18. That is fundamental to how UK clubs acquire young, talented and cost-effective players. This sort of youth development issue is extremely important in light of UEFA’s financial fair play regulations. Naturally, losing the Article 19 exception would have adverse consequences for all UK clubs. It is crucial for clubs to sign talented players whom they have identified at the earliest possible occasion, not just to limit the acquisition cost but to develop the young talent that is vital.

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[Lord Adonis]

Before the noble Lord sits down, I ask him the same question that I asked the noble Lord, Lord Rooker: can he see any benefit at all from leaving the European Union in respect of the broadcasting and cultural sectors with which he is so familiar?

[Lord Inglewood]

Not immediately.

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[Lord Callanan]

That is a separate issue—but we respected the outcome and the Article 50 Bill was, of course, approved by Parliament.

The need for parliamentary assent to executive action is woven into our constitution at every juncture, and rightly so. Of course, on occasion Parliament puts a question to the electorate directly for their views. The debate we are having today—and had on previous days—is of course the result of one of those occasions. In the course of the debates on this Bill, it has been asserted that it has profound constitutional implications, and so it does. However, I am wary of endorsing some of the language that has been used with regard to the delegated powers in this Bill.

If noble Lords have some time to take a look at the draft statutory instruments that we published last week, they will perhaps see what I mean when I say that there is a profound disconnect between the picture painted at times in this House of the types of powers we are taking and the actual uses to which we propose to put those powers. I urge noble Lords to look at these draft instruments on the GOV.UK website.

The group of amendments we have been debating so far today and the group to which we will turn next do of course raise some profound constitutional questions. They require us to ask ourselves who can act on the international plane on behalf of the UK, and how the mechanisms of control and accountability operate for the conduct of such action. They pose the question of if and how there should be a role for the courts in examining the conduct of those negotiations. They also pose questions about the circumstances—if any—in which it would be appropriate for Parliament to consider action that goes against a decision made in a referendum.

Our debate here today has, understandably, touched on a number of different areas. However, I now wish to address the core theme of the amendments in this group: that it is for the legislature to set the mandate for the negotiations that the Government are currently undertaking with the EU. It was right that the electorate had the opportunity to make its voice heard at the last election, and the result of that democratic exercise was the return of the Government in their current form, to pursue their stated objective of a deep and special partnership with the EU.

Most of the amendments in this group are attached to Amendment 142, moved by the noble Lord, Lord Monks, and they raise important and valid issues in the context of our future relationship with the EU. I reassure noble Lords that I will revisit these issues later in my response. However, as a point of principle, it is not beneficial to enter into a negotiation with a number of domestic constraints on exactly what we can negotiate. Flexibility is necessary for a successful negotiated outcome.

The challenge now is to make a success of our exit and get the best deal possible for the UK, so that this House, the other place, and our national conversation more broadly can turn to discussing and taking decisions on what kind of country we wish to be after we have concluded our negotiations with the EU. After exit, and once we have negotiated the new deep and special partnership, great opportunities for new decisions will open up in this Parliament and in the devolved legislatures.

In case it appears that I am trying to exclude the role of Parliament in shaping our negotiating objectives, I once again reassure the Committee that I am doing nothing of the sort. Parliament does not need to go beyond our settled constitutional boundaries and set mandates in order to exert profound influence over the conduct of the negotiations. We take incredibly seriously our need to keep Parliament apprised of the Government’s negotiating intentions. That is for the purpose not just of transmitting information but of inviting scrutiny and allowing Parliament and its committees to take informed views. Government positions are created, tested and refined in the light of continual challenge from this Parliament. We are mindful always of the Government’s ultimate accountability to Parliament, and in this particular circumstance we are mindful, too, that we will be seeking Parliament’s approval of the agreements that are currently under negotiation.

[Lord Adonis]

My Lords, does the Minister not see a profound contradiction in his remarks? He has praised the role and significance of Parliament—until it actually chooses to express a view. Is it not the whole purpose of Parliament to express views? My noble friend is seeking to codify those views into a remit. The Minister’s response is that that is inappropriate because Parliament would then be taking on the responsibility that he wants to arrogate entirely to himself as a Minister.

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On Amendment 147A, tabled by the noble Lord, Lord Moynihan, and ably supported by the noble Baroness, Lady Grey-Thompson, the Government absolutely recognise the value of sport to the UK and are determined to ensure that our professional sports sector continues to flourish after we leave the EU. The Government also recognise and celebrate the value of international co-operation on professional and non-professional sporting issues. We are very keen to continue and deepen our excellent working relationships both with the EU collectively and with individual EU countries bilaterally on sports co-operation.

[Lord Adonis]

Will the Minister answer the crucial point made by the noble Lord, Lord Moynihan: will there be free movement of horses around the European Union after Brexit?

[Lord Callanan]

I am sure that it will be at the forefront of our negotiation priorities, given the close interest that many noble Lords have taken in this vital national issue.

In response to Amendment 145, tabled by the noble Baroness, Lady Crawley, I reiterate that this Government have committed to maintaining high standards of consumer protection, delivering the stability that consumers need to continue to make purchases and a level playing field in trade with the EU—at the very seminar to which she referred, I believe that my ministerial colleague, Robin Walker, was present to set out the Government’s position. I myself have met Which? in Bristol on a number of occasions, and we will continue to engage with consumer organisations. We start from a strong position of long-standing co-operation on the effective enforcement of consumer protection laws, and it is essential that the UK through this Bill is able to ensure that UK consumer protections continue uninterrupted at the point we exit the European Union.

Amendment 147, tabled by the noble Lord, Lord Rooker, is rightly concerned with food standards. The UK has world-leading standards of food safety and quality backed up by a rigorous legislative framework. The Bill will ensure that we are able to maintain those high standards once the UK leaves the European Union. The Government are proud of our high standards of food safety, and these will not be watered down when we leave the EU. Maintaining safety and public confidence in the food we all eat is a high priority for the Government, and any future trade deal must work for UK farmers, businesses and consumers.

A number of EU agencies, such as the European Food Safety Authority referred to in Amendment 184 tabled by the noble Lord, Lord Adonis, have been established to support EU member states and their citizens. May I say how pleased I am to see the noble Lord in his place today? We missed him very much in our debates on Monday evening, with his great insights on our issues.

[Lord Callanan]

I may regret that.

[Lord Adonis]

I am not sure I missed the noble Lord quite so much.

[Lord Callanan]

Touché, as they say.

We are committed to exploring with the EU the terms on which the UK could remain part of EU agencies. However, our future relationship with the EU and arrangements with regards to agencies such as the food safety authority are still to be determined and are the subject of ongoing negotiations. I would give the noble Lord the same response to his comments on the RASFF system.