Electronic Trade Documents Act 2023

Lord Bellingham Excerpts

Thursday 14th September 2023 Lords Chamber

[Lord Offord of Garvel (Con)]

I thank my noble friend for that. The purpose and intent of the Act is to give equal weight to paper and digital proof of ownership—bills of lading, letters of credit et cetera—so they can be in either form. On the legal regime, the Bill is modelled on the United Nations law, so it comes from, as it were, a higher authority, but through custom and practice and mercantile law over the last 300 years or so, maritime law is governed largely under English law. There is therefore an easy adoption and an understanding that mercantile trade can continue under English law. As the rest of the G7 countries come forward and adopt similar legislation, I am sure we will find alignment in these matters.

[Lord Bellingham (Con)]

My Lords, the Minister and his colleagues need to be congratulated on making sure that the UK is very much in the lead. He mentioned that the UK would encourage other countries to make sure that their systems are moved on to a digital and electronic platform. Which international organisations will he work with to ensure that this is encouraged and happens? One point puzzled me: why does Part 1 refer only to Scotland?

[Lord Offord of Garvel (Con)]

I will take my copy of the Act here to refer to. In terms of international bodies, this has come through the UN system and the major body we are working with to get to businesses directly is the International Chamber of Commerce. On the small jurisdictional point in relation to Scotland, under the devolution settlement Scots law needs to be separate from English law—although it is largely the same when it comes to mercantile. There is a provision in the Act to make sure there is alignment between Scotland and England.