EU: Trade in Goods (European Affairs Committee Report)

Lord Berkeley of Knighton Excerpts

Thursday 2nd February 2023 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, I always enjoy listening to the noble Lord, Lord Foulkes, and I must say that I too would love to see that closer link. Unlike him, I did not have the pleasure of experiencing the flash of steel of the noble Baroness, Lady Chalker, or even of having a cup of tea with her, but as someone who was outside the Palace of Westminster—indeed, completely outside politics—I was in constant admiration of her work on international development, which was clearly second to none. It must sadden her slightly that the money going into international development has had to be cut. She knows only too well how difficult it is to keep that amount up and running.

I should possibly declare my interest as a professional musician, which will give your Lordships some idea of where I am about to go. I shall concentrate on only one area. The noble Viscount, Lord Stansgate, mentioned it, but I want to go into it in a little more detail.

The report is wonderful; it has great clarity and does not pull its punches, and I commend my noble friend Lord Kinnoull and his Select Committee on it. When I started reading it, I saw, as we have just heard, that the Select Committee is dealing with performing musicians on another occasion and at another stage, so I thought, “Perhaps, this is not the moment for me to open my mouth”. But when I read further and saw the item about cabotage, I thought, “I cannot avoid this”, because, as the noble Viscount, Lord Stansgate, mentioned, it is absolutely disastrous for the musicians of this country, for music touring and for the creative arts. I say to the noble Lord, Lord Lamont, whom I have always found extremely persuasive in his arguments—and I say the same to my noble friend Lord Hannay—that I suspect that he would agree with me that this is one issue that is not out of date, and that we can separate it from Covid. It has nothing to do with Covid; rather, it is to do with the free movement of musicians and the exchange of ideas.

The report says:

“UK lorries are limited to two laden journeys between different Member States (crosstrade) and one laden journey within a single Member State (cabotage).”


For the creative industries, musicians and dance companies, we should substitute “cabotage” with “sabotage”, because it is ruinous—it cannot be done. Furthermore, Logistics UK told the committee

“that these rules on market access ‘work reasonably well for general haulage companies’. However, they added that because of the limitations on cross-trade and cabotage, the TCA ‘[does not] offer any sustainable solution to UK touring companies carrying equipment on pan-European cultural tours’, such as performing musicians, where ‘the same load”—

this is crucial—

“needs to be moved to different successive locations across Europe.’ This, they said, ‘constitutes a gap in the TCA and requires a jointly agreed solution with the EU.’”

I will briefly explain why that is so. If you are touring a pop group, you have to take amplifiers and, probably, video equipment and you need roadies; you cannot do that without a huge truck. If you are touring the London Symphony Orchestra, you will have eight to 12 double basses, timpani, percussion and music stands, all of which must be moved. Dance companies will need a certain amount of staging to operate at all. No tour can be set up in Europe that does not go to multiple venues—I have checked this with the people who do it—as it would simply not be financially feasible. That is a fact of life.

The report continues:

“The Committee has previously highlighted the issue of haulage restrictions for touring as part of its separate work on the movement of creative professionals. In a letter to Lord Frost, dated 19 October 2021, the Committee warned that continued UK participation in the music haulage market is rendered ‘practically impossible’ by the restrictions in the TCA”—


both sides agree on that—

“and highlighted the UK’s previous dominance of the European music haulage market, meaning that this is ‘not a sector in which the shortfall could be picked up by EU operators’”

using other EU lorries, getting everything off one lorry and on to another lorry. The report goes on:

“Committee correspondence with the Government on this matter is ongoing.”


Although I found in meetings with the noble Lord, Lord Frost, that he was pretty unmovable on going back to the TCA, he had the good grace to say that the Government got it wrong on EU touring. That gives me a mandate to demand from the Minister—so expert on foreign affairs, but now having to deal with this—that he must put this right.

The Select Committee said:

“Although the TCA’s provisions on road transport work well for most hauliers, they are wholly inadequate for those whose business model relies on the temporary movement of goods to multiple locations in the EU, particularly to large sections of the performing arts sector. We retain a close interest in this matter and intend to continue pursuing this in correspondence with the Government.”


I am glad to hear that.

Let us think about the ramifications of this. Following Covid, many musicians and people in the performing arts suffered terribly financially. I have always acknowledged Rishi Sunak’s help for the sector, and I do so once again, but there were many freelancers who fell through the net. They have been doubly hit by the fact that, in getting back into work now, they simply cannot tour. Then we come to the issue of society as a whole; this slightly echoes what Sir Paul Nurse has said about science. Art, science and music all rely on the exchange of ideas to make society more aware of what is happening around the world. If we do not have that exchange, things ossify and die.

It was good news for the Treasury when we toured. The creative industries brought in billions to the Treasury. At a time when it needs every penny, why are we stopping our artists going abroad, giving the reputation of this country a boost and bringing money into the Treasury? It makes no sense whatever. I am sure the Minister will say, as the response to the report says, that the Government acknowledge that touring is a vital part of musicians’ and performers’ careers; the response even talks about the things I have just said and why they are important. Then it goes on to say:

“This is a complex issue for which there are no simple solutions.”


I say that where there is a will, there is a way. I hope that the Minister may be able to reassure us—as people have done in private—that this is a subject the Government take extremely seriously and wish to change.