Home Insulation: Health and Mortality Rates

Debate between Lord Callanan and Baroness Ludford

Tuesday 19th March 2024 Lords Chamber

[Lord Callanan (Con)]

I disagree with the noble Earl; the figures he quoted are not correct, and we are improving home insulation standards. To give one figure, in 2010, 17% of homes in the UK were EPCC or above; now the figure is almost 50%, so we are making progress. We have a lot more to do. We have the oldest housing stock in Europe, but we are making progress.

[Baroness Ludford (LD)]

My Lords, have the Government given any thought to older houses, particularly ones in conservation areas or that are listed? If you want to replace sash windows with double-glazed ones, there is not only that expense but the need to obtain planning consent or listed building consent. It is a very expensive enterprise. What do the Government propose to do to help in this situation?

[Lord Callanan (Con)]

The noble Baroness makes a very good point, and I suspect that she speaks from personal experience. Improvements in energy conservation for homes in listed or conservation areas is a difficult issue. We recently carried out a joint study with DLUHC and Historic Houses, and provided guidance for home owners wanting to do that. She will be delighted to know that you can get well-insulated, double-glazed sash windows to replace the originals.

Retained EU Law (Revocation and Reform) Bill

Debate between Lord Callanan and Baroness Ludford

Committee stage
Monday 6th March 2023 Lords Chamber

[Lord Callanan (Con)]

I am sorry if the noble Baroness believes that. We have debated the principle of the sunset. I accept that she presumably has a different position from mine, but I have stated the Government’s position on numerous occasions. The dashboard will continue to be updated as departments come to decisions on what they want to do with their stock of retained EU law.

[Baroness Ludford (LD)]

My Lords, while it is in my mind, I am not sure the Minister answered my noble friend Lady Brinton’s question, which was, in citing the Delegated Powers Committee report, to ask what was the policy intention and to point out that the Bill is a blank sheet of paper as far as that is concerned. That is what is completely worrying us, because of its effect on the real world and the lack of any parliamentary grip on this process.

For him to say that Amendment 69A would involve the Law Commission in Government policy misrepresents the amendment—no doubt inadvertently—which talks about asking the Law Commission to report on,

“the effect of sections 3, 4 and 5 … on legal certainty, and the clarity and predictability of the law.”

That is surely within the purview of the Law Commission. That would not involve the Law Commission in policy. I fear that the Minister misrepresented Amendment 69A, perhaps in his enthusiasm.

Retained EU Law (Revocation and Reform) Bill

Debate between Lord Callanan and Baroness Ludford

Committee stage
Thursday 2nd March 2023 Lords Chamber

[Lord Fox (LD)]

I apologise for my enthusiasm causing a truncation of the Minister’s response. Does he at least understand, if he does not accept, that as long as the Government resist suggestions such as come through in these amendments, whereby a list of the laws that are covered by the Bill is laid before Parliament and officially and definitively made available—not a catalogue, as we have been promised but a definitive and complete list, of the sort of laws that not only the noble Baroness but all of us feel passionately about—we are bound to be fuelled by distrust?

[Baroness Ludford (LD)]

Before the Minister replies, I add that what the Minister is saying now directly contradicts the letter we had the other day from the noble Baroness, Lady Bloomfield, which we discussed. The distinction is made by the Government between an authoritative catalogue and a comprehensive list. The Government admit that the dashboard is not comprehensive, so how can each department possibly know all the EU law it is responsible for? As anyone can, I can give examples—and I am grateful to the organisation Justice, of which I should declare I am a vice-president, for giving two examples of direct effect treaty articles and directive clauses which are not on the dashboard, which cites only 28 in that category. That is Article 157 of the treaty and a clause of the habitats directive. They are not on the dashboard, so how are we meant to believe that departments know exactly what law they are dealing with?

[Lord Callanan (Con)]

I just explained that point in my earlier answer. The noble Baroness can look at Hansard and come back to me if she is not satisfied with that explanation.

To go back to the intervention from the noble Lord, Lord Fox, let us accept for the purposes of making his point that, as he said, huge swathes of vital REUL will somehow accidentally disappear. The Government do not accept that; we think it is extremely unlikely. However, I understand the point he makes. I refer him to the answer that my noble friend Lady Neville-Rolfe gave to a similar question yesterday. We understand the point that noble Lords are making, we will reflect on that issue and, if necessary, come back to it. Without making any promises, we will reflect on whether that is possible. Obviously, being a member of the Government, I trust them, but I accept that other noble Lords may not have the same faith in what we are doing. It is essentially intended to be a constructive process.

Moving on, Amendment 44A seeks to omit the sunset from the Bill and allow the repeal, revocation or amendment of retained EU law to be carried out only via primary legislation. Currently we are unable to keep retained direct EU legislation up to date with new advances, precisely because of that problem—because some of it is regarded as primary legislation. For those who still wish us to reflect EU law, we cannot even update it in line with any EU changes or new advances because, if we decided to do so, we would need to do it through primary legislation, and parliamentary time does not allow for that. This is creating more legal and business uncertainty, as regulations become more and more out of date and burdensome. The Bill is therefore designed to rectify this issue. This amendment, however, would instead maintain the status quo, which we do not believe is either helpful or beneficial to anyone. Again, I understand that, if people wanted to undermine the fundamental purpose of the Bill, they would support that amendment.

--- Later in debate ---

[Lord Callanan (Con)]

I will talk to the lawyers and attempt to get the noble Lord an answer to his concerns.

The noble Baroness, Lady Ludford, mentioned the habitats directive. I am slightly loath to go back there, after the long discussion with my noble friend Lord Benyon on Tuesday, but let me restate again for the benefit of the record that the Government have been clear about the importance of environmental protection across the UK, not least through the Environment Act, which includes a legally binding target to halt the decline of nature by 2030. As I emphasised earlier in the debate, we are committed to meeting this target and we will of course not undermine our obligations to the environment.

[Baroness Ludford (LD)]

I apologise to the Minister, but that is not the point I was asking about. I am no expert on the habitats directive, but a specific clause has been interpreted in case law as imposing a preventive, proactive duty—in our case, on the Environment Agency. Will that be retained?

[Lord Callanan (Con)]

Case law is being retained. Case law is not being abolished, it will still exist, and courts will still be able to take account of it. Removing the complex and opaque legal gloss associated with Section 4 of the 2018 Act will improve the clarity of our domestic law. It would be, in our view, inappropriate, to leave these provisions on our statute book, and we wish to end them as soon as reasonably practicable. We consequently also oppose Amendment 137, which specifies that any regulation made under the power conferred by Amendment 62 would be subject to the draft affirmative procedure.

--- Later in debate ---

[Lord Callanan (Con)]

I do not think he said that; he said that there has to be an end to EU supremacy in UK law. While we are all swapping letters, perhaps the Labour Party might want to write us a letter to clarify what he meant. I am not being serious, of course; it is not the Labour Party’s job to do that.

Amendment 142 in the name of the noble Baroness, Lady Ritchie, seeks to clarify that this Bill does not disturb Section 7A of the European Union (Withdrawal) Act 2018. That section makes the rights and obligations in the withdrawal agreement available in domestic law. It also provides that domestic legislation must be read and given effect subject to those rights and obligations. I can reassure the noble Baroness that this Bill will not disturb Section 7A of the 2018 Act. I can also assure her that the Bill provides powers to restate rights and obligations required for Article 2 of the Northern Ireland protocol as needed. The Government will ensure that all necessary legislation is in place by the Bill’s sunset date to uphold all the commitments made under Article 2.

Amendment 100, tabled by my noble friend Lady McIntosh, would remove the sunset date for the compatibility power in Clause 8. It is not necessary to have a power to specify legislative hierarchies beyond 23 June 2026, by which time the Government will have exercised the power as needed.

I move on to Clause 5. I understand that the noble Lord, Lord Fox, has given notice of his intention to oppose the question that Clause 5 stand part of the Bill. General principles of EU law were developed in CJEU case law, with which EU institutions and member states must comply. I submit that it is clearly no longer suitable for our status as an independent nation outside the EU—however much the Liberal Democrats wish that not to be the case—for these specific principles to continue forming part of UK law. The powers in the Bill allow the Government to codify clearly any necessary effects to bring clarity to our domestic statute book.

[Baroness Ludford (LD)]

I am sorry to interrupt the Minister but that remark was gratuitous. The point is about legal certainty. It is not about whether we as a party, or anybody else, would have wanted to remain in the EU—it is clear that we would. It is about whether the law will be clear, and whether the judges will be able to operate it, and whether businesses, unions and whoever will know what they are supposed to be doing. That is the point that we have been trying to make over four days on this Bill. Brexit is irrelevant to this discussion, and I do not believe I have used the word once in these proceedings. What is important is whether the law will be able to be operated with certainty, clarity and predictability.

[Lord Callanan (Con)]

That is fair enough; it was a slightly gratuitous point. I actually agree with the noble Baroness—we want the law to be as clear and accessible as possible. That is why we do not believe that the general principles of EU law, which of course were developed by the CJEU for use primarily by EU institutions and member states, should be relevant to the UK now that we are an independent nation, whatever our differences of opinion might have been on that.

Employment Rights Legislation

Debate between Lord Callanan and Baroness Ludford

Wednesday 1st February 2023 Lords Chamber

[Lord Callanan (Con)]

As I have said to the noble Lord on this issue before, our workers’ rights, of which we are very proud, do not and did not depend on our membership of the EU. We have standards far in excess of those provided by the EU. Regarding the regulations the noble Lord mentions, as with all retained EU law we will look at that and see whether it is appropriate for the UK economy, and if necessary we will modernise, update or replace it.

[Baroness Ludford (LD)]

My Lords, when this came up in Questions on 23 January, the Minister, in response to the noble Baroness, Lady Wheatcroft, said that he had not seen the comments of CBI director-general Tony Danker, reported in the FT that day. He surely now has, but I will remind him. Mr Danker said that the plan to scrap EU laws wholesale is creating huge uncertainty for UK firms and risks throwing industry into some chaos; that companies are asking whether we are really going to erode maternity and paternity regulations and health and safety standards; and that he concluded that we need to recognise that divergence will often shrink our market size and add a skipload of red tape. Will the Minister recognise that business does not want this scrapping of EU laws?

[Lord Callanan (Con)]

We will no doubt have this debate at Second Reading of the rule legislation on Monday. If those are the comments of the director-general of the CBI, then he is wrong. Our paternity and maternity regulations are far in excess of those guaranteed by EU minimums. We are proud of that and will continue with them.

Employment Rights

Debate between Lord Callanan and Baroness Ludford

Tuesday 19th July 2022 Lords Chamber

[Lord Callanan (Con)]

I could not disagree more with the noble Lord. Given his record it is understandable, but the noble Lord is obsessed with trade unions, which, as I keep reminding him, represent only a minority of workers. The best workers’ right is the right to a job, and this Government are delivering record levels of employment.

[Baroness Ludford (LD)]

We have a national shortage in the workforce of hundreds of thousands, which is a crisis for future growth. Just yesterday we saw a new report from the Recruitment and Employment Confederation, which has found that the UK economy could potentially lose up to £39 billion a year from 2024 if we do not resolve labour and skills shortages. Does the Minister agree that improving employment rights is an important way of attracting people back into the workforce and retaining those already in it?

[Lord Callanan (Con)]

The noble Baroness makes some valid points. We are very proud of our record on workers’ rights. It is about getting the balance right between a flexible economy and allowing employers to manage their workforces. That is what results in the record levels of employment we now have.

European Research Council

Debate between Lord Callanan and Baroness Ludford

Wednesday 27th April 2022 Lords Chamber

[Lord Callanan (Con)]

I partly agree with the noble Lord. I agree that time is running out but not that the Northern Ireland protocol is the problem. The EU entered into an agreement which it is now refusing to implement; that is the long and short of the problem. As soon as some Members stop making excuses for the EU’s bad behaviour, we might succeed. We stand ready to associate with the Horizon programme as soon as the EU is prepared to sit down and implement the agreement that it signed.

[Baroness Ludford (LD)]

My Lords, everyone agrees that UK participation in Horizon is of benefit to researchers in the UK, the EU and beyond, but also of mutual benefit is the UK’s commitment to stick to legal engagements that it has made. I am afraid that there is some pot and kettle going on from the Minister. Why are this Government again threatening to breach the Northern Ireland protocol and to take powers—we expect this in the Queen’s Speech—and undermine the trust that is essential to making other co-operation work? This is linked to the Northern Ireland protocol, but it is the Government’s failure to honour their commitments which is the problem.

[Lord Callanan (Con)]

I am sorry that the noble Baroness refuses to accept where the blame lies in this circumstance. The UK has not breached any agreements that we signed with the European Union. We have abided by all of them. The EU signed an agreement to say that we would associate with the Horizon programme but is refusing to implement that agreement. The Liberal Democrats and others should stop thinking that everything which the EU does is perfect and believe that there are some cases where it gets things wrong.

Postmasters with Overturned Convictions: Settlement Funds

Debate between Lord Callanan and Baroness Ludford

Wednesday 15th December 2021 Lords Chamber

[Lord Callanan (Con)]

I agree substantively with many of the points that the noble and learned Lord made. He is tempting me to comment on the lawyers of his profession who took part in funding the case of the 555 members and the amount that went on legal fees, which perhaps I should not do in this House. I sympathise greatly with many of the points he made. Perhaps I would go even further and say that even when the Post Office knew about many of these problems, it appears it then attempted to cover it up. However, these facts will emerge in the inquiry that is taking place. The judge who is leading it is doing extremely well and is progressing with exposing that injustice.

Those outside of the 555 settlement are able to secure compensation through the historical shortfall scheme, which is the other one I mentioned in my response to the noble Lord, Lord McNicol. On the third category, Paul Scully in the other place—I quoted his words earlier—certainly went further than the Government have gone before on those points, and he has promised to work with those who were affected.

[Baroness Ludford (LD)]

My Lords, I absolutely join with others in welcoming this Statement and join in the tributes paid by the noble Lord, Lord McNicol, to the noble Lord, Lord Arbuthnot. I also welcome the Minister’s praise for the journalist Nick Wallis, which is the main route by which I heard about this.

My noble friend Lady Randerson talked about the way that individuals were picked off and given to understand that they were the only ones in trouble. There is a certain uncomfortable echo of that in the way that all these different categories are being treated differently and put in silos. We have these 66 people covered by this new scheme—those who have been acquitted. Then we have the 555 civil litigants who settled, and then I think the noble Lord said that there are around 2,500 applicants to the historical shortfall scheme, and there may be others. So there are thousands of other people who are all being treated differently. It seems that we need some kind of holistic approach, because they are all in the same moral boat. They are all the victims of the most appalling scandal. It is not a political scandal but a public scandal.

My honourable friend Alistair Carmichael in the other House had a debate in Westminster Hall in which he referred to the ongoing problems in the attitude of the Post Office—the arrogance. Can we cut through that arrogance? Will the Government cut through it and treat all these thousands of victims of the Post Office in a similar way and not divide and rule, which is unfortunately the echo that is coming to me?

[Lord Callanan (Con)]

That is not an entirely fair comment. We as a ministerial team and a Government inherited this scandal. We are making endeavours within the powers and legal procedures that we have. We cannot ignore the fact that a civil court case has taken place and there was a full and final settlement. We have to negotiate within government for additional funding to be made available. I can assure the noble Baroness that the Minister for Postal Affairs is attempting to do so and is trying to work with the parties to bring this to a resolution. There is clearly moral equivalence between the different categories, even if there is not necessarily a legal equivalent at this stage. I am not a lawyer but, to be fair, there are differences in the cases. It would be right for the Government to try to compensate them all to the greatest degree possible within existing legal procedures, and my honourable friend is attempting to do that.

The noble Baroness referred to the culture of the Post Office. Again, her comment was a little unfair. The Post Office is under new leadership and it has committed to changing its ways. I can assure her that Ministers regularly discuss this matter with the Post Office. It has a programme of change, including the appointment of two recent postmaster non-executive directors to try to get some say in the senior leadership team from those working on the ground. I know that the new chief executive is committed to doing his best to overcome this scandal, right the wrongs and put the business on a sound footing in the future.

UK Property Ownership: Overseas Jurisdictions

Debate between Lord Callanan and Baroness Ludford

Wednesday 13th October 2021 Lords Chamber

[Lord Callanan (Con)]

We are already investing £20 million in the reform of Companies House to provide many of the services the noble Lord refers to, but many of the reforms also require primary legislation and we will legislate when we can. The noble Lord is not correct in his basic assertion: the UK’s anti-money laundering regime was reviewed by the Financial Action Task Force and the UK achieved the best rating of any country assessed so far in the round of evaluations.

[Baroness Ludford (LD)]

My Lords, Guardian reporter Luke Harding, involved in analysing the leaked Pandora papers, has said, “There is a message for the super-rich here: don’t hide your cash under a palm tree because, sooner or later, an investigative journalist will find it.” That is just as well, because the Government seem very relaxed about dirty money buying up London. Why have only four unexplained wealth orders—McMafia orders—been issued since 2018 and none since July 2019? Is the Minister relaxed that a government assessment last November concluded that money laundering through the UK had actually increased since 2017?

[Lord Callanan (Con)]

As I just said in the previous answer, we are absolutely not relaxed about this and we are determined to root out any financial chicanery and money laundering where possible. Investigations in which a UWO may assist are likely to be complex: application to a court for a UWO may take many months or years, but enforcement authorities continue to seek opportunities to utilise unexplained wealth orders in appropriate cases. These are difficult and complex matters.

Post Brexit: Small Service Businesses

Debate between Lord Callanan and Baroness Ludford

Monday 24th May 2021 Lords Chamber

[Lord Callanan (Con)]

As I said, we are working closely with the sector and across government to consider how we can help resolve these issues. I understand the noble Lord’s point. This has been very damaging to the creative industries. It is hard to quantify the impact at the moment. Given the pandemic, not many people are travelling anywhere, but we will monitor the situation closely.

[Baroness Ludford (LD) [V]]

My Lords, the noble Lord, Lord Frost, admitted last week to our European Affairs Committee that the Government rejected the EU’s offer of a visa waiver system whereby arts and culture workers, such as musicians, could tour on the continent without a mass of red tape. The Government now seem to be trying to reach bilateral deals with individual EU countries, but this may well be blocked by Brussels. What effective strategy do the Government have to give mobility to a sector worth billions to our economy?

[Lord Callanan (Con)]

The proposals from the EU were complicated and would not have resolved many of these issues, so the noble Baroness should be wary of believing some of the propaganda she reads. We tried to reach a comprehensive agreement, but our proposals were rejected by the EU. I know that she will find this hard to believe but that is what happened in practice.

Workers’ Rights

Debate between Lord Callanan and Baroness Ludford

Tuesday 26th January 2021 Lords Chamber

[Lord Callanan (Con)]

We will of course always clamp down on unscrupulous practices where they occur, including on those who do not pay the minimum wage. I am proud that it was a Conservative Government who banned exclusivity clauses in zero-hours contracts, giving gig economy workers more control over the hours that they work. We will look to go further where we can.

[Baroness Ludford (LD) [V]]

My Lords, as my noble friend Lord Fox said, there is no business demand for weakening job protections, but they would be severely hit by even worse border friction and possible tariffs. Can the Minister say how, in their review of employment rights, the Government are assessing the potential for EU trade sanctions under the level playing field provisions of the trade and co-operation agreement? Also, the tweet from the Conservative Party impliedly criticising the EU law for having no pay provisions is, as he knows, completely disingenuous, because the treaties bar the EU from having such provisions. The Conservatives would have been the first to complain if the treaty had such provisions.

[Lord Callanan (Con)]

I am surprised that the noble Baroness is asking about the trade and co-operation agreement, because the Liberal Democrats voted against it and therefore would have preferred no deal, but it is the case that, under that trade agreement with the EU, either party can consider whether divergence on labour standards merits a rebalancing of the agreement. We will of course completely comply with our obligations, as we do under all trade agreements.

Covid-19: Impact of No-deal Brexit on Vaccine Supplies

Debate between Lord Callanan and Baroness Ludford

Wednesday 16th December 2020 Lords Chamber

[Lord Callanan (Con)]

The noble Lord makes a very good point. I can assure him that there are a number of backup plans. We have worked very closely with the suppliers and we are confident that the cold supply chain will not cause any problems. Obviously, everybody is aware that this vaccine has to be transported at a temperature of minus 70 degrees, plus or minus 10 degrees centigrade, and the manufacturers have put in place proper supply units that are maintained at that cold temperature and can also be used for temporary storage.

[Baroness Ludford (LD) [V]]

My Lords, I am involved with the diabetes research charity JDRF. It has been in regular contact with the Department of Health and Social Care and insulin manufacturers, and has been reassured about the stockpiles of insulin being held. The main concern now is around replenishment of supply. We are already reading about freight movement difficulties and with, or especially without, a Brexit deal, this could well get worse after 1 January. Will the import of the Covid vaccine from January affect the replenishment of supply of essential medicines imported from the EU, such as insulin, and what plans have been put in place to prevent disruption?

[Lord Callanan (Con)]

I can reassure the noble Baroness that there will be no disruption to supply. We have put in place extensive measures to avoid any impact on the supply of essential medicines, in addition to the vaccine, beyond the end of the transition period. The Department of Health and Social Care has put a huge amount of planning work into this, so I think that her concerns are unfounded.

Post Office: Horizon Accounting System

Debate between Lord Callanan and Baroness Ludford

Tuesday 6th October 2020 Lords Chamber

[Lord Callanan (Con)]

Yes.

[Baroness Ludford (LD) [V]]

My Lords, I too pay tribute to the noble Lord, Lord Arbuthnot, for bringing a measure of justice to this case. In a debate in February, he said:

“It is hard to find words strong enough to condemn the people in charge of this catastrophic fiasco. What have the people in charge suffered as a result? One of them, Paula Vennells, has been given a CBE and now sits on government-sponsored boards. None of the rest, as far as I can see, have suffered at all.”—[Official Report, 25/2/20; col. GC 87.]


When the Minister, the noble Lord, Lord Callanan, answered a question from the noble Lord, Lord Arbuthnot, in March, he said:

“There is no question but that the Post Office management at the time behaved disgracefully but none of them is now in post.”—[Official Report, 5/3/20; col. 719.]


None the less, what are the Government doing to hold these people to account, at least by reviewing honours and public sector appointments awarded?

[Lord Callanan (Con)]

The noble Baroness makes a very good point. I made my views clear on this matter earlier in the year, and I have written to the Department of Health and Social Care—the letter is now public—expressing my views on this. Of course, there are appropriate procedures that need to be followed in appointments and in honours, but personally I would have no problem with those matters being looked at.

European Union: Trading Arrangements

Debate between Lord Callanan and Baroness Ludford

Thursday 30th January 2020 Lords Chamber

[Lord Callanan]

It is of course always a pleasure to be back in front of this House. By my rough calculation, this is my 50th Oral Question in front of your Lordships, who are always extremely inventive in the points they raise. The noble Lord, Lord Pearson, is right that we want to have a free trade arrangement with as little friction as possible. We accept that we are leaving the single market and customs union, we are not going to go for the dynamic alignment that the Labour Party is urging on us, and within those constraints we want an ambitious arrangement with as few frictions on trade as possible.

[Baroness Ludford (LD)]

My Lords, will the Minister provide the noble Lord, Lord Pearson of Rannoch, who thinks that the UK can keep existing trade arrangements with the EU, with a list of clubs—gentlemen’s, sporting, golf, dining or whatever—that allow people to resign and stop paying the subscription fee but still enjoy all the benefits and advantages of membership?

[Lord Callanan]

I will leave the noble Baroness to have her own conversation with the noble Lord, Lord Pearson, about the benefits or otherwise of various clubs that the two of them might wish to be part of.

[Baroness Ludford]

Not the same one.

[Lord Cormack (Con)]

Can my noble friend think of a club which the two might wish to be part of?

European Union (Withdrawal Agreement) Bill

Debate between Lord Callanan and Baroness Ludford

Committee: 2nd sitting (Hansard continued) & Committee stage & Committee: 2nd sitting (Hansard continued): House of Lords
Wednesday 15th January 2020 Lords Chamber

[Lord Callanan]

We certainly have no current plans to extend it any further.

[Baroness Ludford]

The Minister gave an example of telecoms legislation, which will change. Why can such deficiencies not be dealt with under the existing text of Section 8—namely

“any failure of retained EU law to operate effectively … or any other deficiency in retained EU law.”?

Why, in the example he gave, is Section 8, as it exists now in the 2018 Act, not adequate?

[Lord Callanan]

Of course it may be possible to continue to use that power but until we see how the legislation works out—how it is introduced during the implementation period—we will not know that exactly. We therefore think it appropriate to extend the sunset period, et cetera, to give us the new powers to correct upcoming or future legislation that may be introduced during the implementation period.

[Baroness Ludford]

I was not talking about the length of the time of the powers but about extending the scope. Amendments 24 and 26 are relevant to the provisions that would insert new subsections (2)(ea) and (9), which widen the criteria for finding a deficiency. If there were a change in telecoms legislation, the existing Section 8 in the 2018 Act seems perfectly adequate because the Government could say that there is a failure of retained EU law to operate effectively, because telecoms legislation has changed. That is enough. We do not need the new, widened scope to find a deficiency.

[Lord Callanan]

It is certainly the view of our legal advisers that we would potentially need the new, widened powers to be able to do that, but I can write to the noble Baroness with further details of why it is necessary.

[Baroness Ludford]

I have probably made it fairly clear that I do not find the Minister’s assurances terribly convincing, and I look forward to his letter. Perhaps the legal advisers can explain to him why it would be necessary in my example. Our Constitution Committee has consistently warned us against wide powers in this area—things where there could be mission creep outside technical corrections to policy changes. I think its alarm bells are flashing on this, which is pretty convincing to me. The Government giving themselves a power to correct deficiencies because something

“is not clear in its effect”

and has something to do with

“any aspect of that withdrawal”

is pretty wide in scope.

I have to confess that I have not been reassured or convinced by this short exchange, but that is probably all I will get until we see further information. I beg leave to withdraw Amendment 24.