Steel Industry

Lord Fox Excerpts

2nd reading
Saturday 12th April 2025 Lords Chamber

[Lord Fox (LD)]

My Lords, it has been an unanticipated pleasure to have a debate with noble Lords today. Many of us following the British Steel saga expected to find ourselves debating the issues in your Lordships’ House at some point, but I do not think we expected to debate them today. I will not comment on how on earth this scramble happened, but, like the Chief Whip and others, I thank the House authorities, Black Rod and her team, and all those across the House who made this debate possible.

The noble Lord, Lord Hunt of Wirral, with his characteristic hubris, made remarkable accusations—remarkable because the decline of the steel industry has been largely under the auspices of his party. Years of neglect and drift have happened on its watch and that has led to the crisis that we now see today. I do not think that the Government should take any lessons from that party, and I do not think that they will.

Having seen the Bill for the first time just a few hours ago—I thank the Minister for her characteristically clear explanation and her letter—I think it is a Bill that gives the Government of the day very strong powers. It is a shame that we should be rushing it through, but we on these Benches understand why the reason for haste is there. Time is now of the essence. The future of the UK’s last blast furnaces at Scunthorpe steelworks hangs in the balance. Closure would bring British virgin steel production to an end, as noble Lords have set out.

As we have heard and read, Scunthorpe’s Chinese owner, Jingye, has turned down offers of help and declared the Lincolnshire plant unviable. President Trump’s tariffs seem to have been the final straw that exposed the remaining elements of the British steel industry to a harsh global reality. Perhaps those in the past who have spoken volubly and favourably on the merits of Trump II would now like to reflect on a global trading environment with higher tariffs than in living memory, and that is after the 90-day suspension.

Owning and running a steel business should be a long-term enterprise; it should be measured in decades, not months. Scunthorpe’s owners since 1988 include the British-Dutch Corus partnership, the Indian Tata Steel conglomerate, then Greybull Capital and finally Jingye. For the latter, Scunthorpe has been a bit-part player in a global multinational with strong Chinese Government links, and Jingye seems happy to walk away from the Government’s £500 million offer to keep Scunthorpe open. But steel is not a bit-part player in our industrial economy; if Britain is to have a green and long-term industrial strategy, and if it is to have a defence industrial strategy, it needs steel.

Finally, after years of successive Governments producing piecemeal temporary fixes, we reach the crux. It is now or never, and nationalisation seems to be the only route to some sort of salvation. Steel has been here before, as my noble friend pointed out, but, of late, nationalisation has been anathema. Perhaps we should not be so squeamish. As my noble friend pointed out, the French, Irish, Danish and Norwegian Governments own our wind farms; the Dutch state runs our trains; and the Chinese Government, through PetroChina, own part of Grangemouth, the UK’s oldest oil refinery. No matter what the Minister had to say, this Bill looks like a paving Bill for nationalisation.

Given the sweeping powers within the Bill, will the Minister tell your Lordships’ House what additional powers the Government think they need to grant themselves full ownership of this industry? Do they actually need any more powers than are currently within the Bill? Given that this is one part of the UK’s remaining steel industry, how does Port Talbot fit into the picture?

Clause 7 speaks to compensation. There is government-backed finance in this. Can the Minister assure us that the measures taken today will not inadvertently increase the value of this business and therefore increase the necessary compensation that may be forthcoming from this Government? Finally, can the Minister tell your Lordships’ House what will happen to the other Jingye steel businesses in the United Kingdom?

We are still waiting for the Government’s so-called modern industrial strategy, but now, with steel in the balance and automotive on the edge, it is time for the Government to get it out there and start working with industry to deliver it. Within that strategy, the future of our steel industry must have a place. We are clear that steel should be classified as a national strategic asset and be backed by a comprehensive plan to ensure that more British steel is used in vital infrastructure projects, from defence to renewable energy. I say to the noble Lord, Lord Kerr, that just because we abandoned aluminium, why should we abandon steel?

Within the industrial and defence strategies, the Government need to determine what sort of steel we need, and need to produce locally, in order to deliver on our key strategic and security objectives. That requires a real analysis of whether electric arc manufacture can produce the sorts of steel that we need. Can the Minister assure your Lordships’ House that this analysis is a priority and will be published before any irrevocable steps are taken on the blast furnace?

That begs the question, of course, on environmental impact and energy. Whatever the future looks like, it must still be executed within a long-term carbon strategy. We do not support going back on our environmental objectives, but I suggest that the route to achieving them might be different from the one envisaged a while ago.

Secondly, it is clear that certain key industries are massively hampered by energy costs. It is a big issue that this Government handed to that Government: the price for energy has not materially increased since the Conservative Party relinquished control of government. That is on their watch, not this Government’s, but it is now on this Government’s watch to do something about it, and that is what we want to see happen.

As has been pointed out, we also need to understand how the UK will handle the Chinese dumping of steel on our industry. With the US market gone, how will the Government create a level competitive playing field? May I ask that the Trade Remedies Authority accelerate its review of Chinese markets?

Turning to another international issue, at this stage, the Government are not taking the enterprise into full public ownership, so presumably they will transfer money from a UK taxpayer to the plant ownership. Parts of Clause 2 give the necessary powers. This Government seek to uphold the international rule of law, and there are commitments on subsidies arising from the UK’s continued membership of the World Trade Organization, primarily set out in the agreement on subsidies and countervailing measures. Further commitments are contained in the General Agreement on Tariffs and Trade, in trade-related investment measures and the general agreement on trade and services. These are not new commitments, as your Lordships know; the UK was subject to WTO rules when it was a member state of the EU.

Furthermore, the UK-EU Trade and Cooperation Agreement contains a chapter on subsidies aimed at ensuring that subsidies do not have a detrimental effect on trade and investment between the UK and the EU. The requirements of the TCA are incorporated into the UK’s Subsidy Control Act, which has been in force since 4 January 2023. It is important for the Minister to set out how, under its proposed activity, it will meet these international obligations. I want the Government to succeed, but they should succeed within the rule of international law. More especially, at a time when we desperately need a closer trading relationship with the European Union, as set out by my noble friend, we want to know how this Bill and these actions will affect our relationship via the TCA obligations that we have made.

I had the pleasure of working on the Subsidy Control Bill, and it seems to be the core of this issue, yet somehow absent from any discussion of this Bill. Given the complexity of the Act, I do not propose to go into details, but Sections 19 and 20 are the key specific areas. The Act says that a

“subsidy … given during the preparation by the enterprise of a restructuring plan”

can be legal as long as it

“contributes to an objective of public interest”.

That is the point that the noble Lord, Lord Kerr, made, and it is what it seeks to achieve. However, further on is the condition that the public authority giving the subsidy needs to be

“satisfied that the restructuring plan … is credible … is based on realistic assumptions, and … is prepared with a view to ensuring the return to long-term viability of the enterprise within a reasonable time period”.

Do we have such a plan—or when will we get one? Perhaps the Minister can give a brief answer on the subsidy issue and set out in writing the detail of how we will meet our legal obligations to support the Scunthorpe plan.

A great deal of concern has been expressed about the open-ended nature of the Bill and the strength of the measures contained therein. We believe that there needs to be some end point in the Bill, and we are happy to discuss with His Majesty’s Government ways of alleviating our concerns on this—but these are genuine concerns felt right across this Chamber, and possibly at the other end.

This is a very difficult time for the people of Scunthorpe and everybody connected with this important plant. I close by reiterating comments we have heard right across the House: our thoughts go with this community—to the people who must be sick with worry about what is going to happen in their town. We on these Benches will do our utmost to support and maintain this industry so that it can move forward and they can have a future.

--- Later in debate ---

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank all noble Lords not just for participating in this debate but for returning to this place in these exceptional circumstances. Before I respond to the comments that have been made, I reiterate the points made by the Prime Minister yesterday and by the Business Secretary in the other place today: the Government have always said from the outset of their negotiations with Jingye that we would keep every option on the table and act in the national interest to protect British jobs.

UK-forged steel built our railways, bridges and buildings. It is an integral part of our economic future, as it has been in our industrial past. That is why we need to pass this legislation today. I am therefore grateful to my noble friends Lord Reid, Lord Tunnicliffe, Lord West, Lady Drake, Lord Glasman and Lord Hanworth, and to my noble and learned friend Lord Falconer for reminding us how fundamental steel is to our infrastructure and our future economic growth plans. I also thank the noble Baroness, Lady Redfern, and my noble friend Lady Ramsey, who reminded us of the human cost of the potential closure of the Scunthorpe site. We reiterate our commitment to protecting jobs and communities impacted by that potential closure.

The noble Lords, Lord Hunt and Lord Moylan, complained about the urgency with which we have had to rush this legislation through. I think they do not appreciate the urgency of the situation we find ourselves in. Those blast furnaces were in danger of failing within days. That is why we are here today and why this action was so necessary. Like the noble Lord, Lord Fox, I am not inclined to take lessons from the party opposite, given their record over the previous 14 years. In her year and a half as the Business and Trade Secretary, Kemi Badenoch met UK steel companies on just three occasions. On the party opposite’s watch, UK steel production plummeted by 4 million metric tonnes between 2010 and 2023—an eye-watering fall of 42% in manufacturing. The UK went from the 17th largest steel producer in the world to the 26th largest over that period. The economic output of UK steel halved to £2.3 billion in that time. The noble Lord, Lord Hunt, heralded the use of coal and the opportunities that it would provide. I must remind him that it was his party that closed the coal mines and made us reliant on imported coal in the first place.

The noble Lord, Lord Moylan, asked if we would apologise. The Government will not apologise for acting in the national interest. As my right honourable friend said in the other place, this issue should have been resolved years ago. The situation we inherited across the board on assuming office is one in which most of our foundation industries found themselves in difficulty. Since 2010, UK crude steel production has almost halved. We know that rebuilding our steel industry after years of neglect will be a challenge, but it is one that this Government have grasped and it is why today, where others have shied, we have stepped up to take action.

I move on to some of the points that have been made. The noble Baroness, Lady Brinton, asked about the legal advice from the Attorney-General. It is the Government’s policy not to discuss advice provided to the Government.

The noble Baroness, Lady Coffey, asked about Teesside. Ultimately, British Steel has been responsible for commercial decisions regarding its location strategy. The Government were right to prioritise protecting as many jobs as possible during those negotiations, but it is not right to force job losses in Scunthorpe to benefit Teesside. However, of course we want to do the best we can by Teesside communities, so the Government are continuing to work with the Tees Valley Combined Authority and local partners on regional investment and growth opportunities.

The noble Lord, Lord Fox, asked about international law and our obligations. I can assure him that everything we do is in compliance with our international law obligations under the WTO, the GATT framework and international law more generally. I reassure him that we are entirely satisfied that these short-term powers are within the terms of our international law obligations.

The noble Lord, Lord Kerr, the noble Baroness, Lady Brinton, and others asked whether compensation would be paid. We need compensation provision within the Bill to preserve the investment climate and to comply with international standards, but the chances of compensation being recovered are slim because the powers are there to protect the company’s assets, not to damage them. Compensation would also have to be done via an SI, which would be subject to parliamentary scrutiny through the negative resolution.

The noble Baroness, Lady Brinton, also asked whether the Bill’s powers were overreaching for the Secretary of State. The powers are linked to what a relevant person could have done. Basically, they are to do anything that management is empowered to do, so they are there within those confines.

The noble Lord, Lord Hunt, the noble Baronesses, Lady Brinton and Lady Laing, and other noble Lords asked about the sunset clause. Because of the speed at which the legislation has been drafted and the uncertainty of the situation, it was neither necessary nor appropriate to set a timeline for these specific interventions. The current international situation is unpredictable, so a fixed sunset clause would not be workable or acceptable, as we might have to come back to Parliament and do it all again. We can, of course, revoke directions at any time in relation to a particular steel company once the need for intervention has passed. We would welcome working with the Business and Trade Select Committee to make sure we work with Members and keep them updated so that these powers are not in place any longer than is absolutely necessary. We understand the concern of the House about the use of these powers, and it is right that Parliament closely monitors this. We will be updating the House every four weeks on the use of these powers.

[Lord Fox (LD)]

My Lords, I thank the Minister for those words. What this House seeks, rather than an update, is the opportunity to invoke these powers in a way that they appear to be intended. They have been called emergency powers, and the Minister has called them short-term powers. Will the Government, within six months of this Bill coming into force, commit to having a substantive debate, in both Houses, to determine whether the Act will continue and to acting on any resolution of the House of Commons on the further continuation of those powers?

[Baroness Jones of Whitchurch (Lab)]

My Lords, I have been here on a number of occasions answering questions on the situation with steel. In the future, we will continue to engage as widely as we have done to make sure that Parliament is updated on these matters. As I have said, we will update the House every four sitting weeks on the use of these powers. I honestly think that, in these circumstances, that is sufficient.