Trade Bill

Lord Grantchester Excerpts

Consideration of Commons amendments
Tuesday 23rd February 2021 Lords Chamber

Moved by

[Lord Grantchester]

Leave out from “disagreed,” to end and insert “do disagree with the Commons in their Amendments 6C, 6D and 6E in lieu, and do propose Amendment 6F in lieu—

6F: After Clause 2, insert the following new Clause—
“Standards affected by international trade agreements
(1) If regulations under subsection (1) of section 2 of this Act, or any other provisions of primary or subordinate legislation to implement an international trade agreement as defined in section 2(2), contain provision about healthcare services, the provision must be consistent with maintaining UK publicly-funded clinical healthcare services.
(2) If regulations under subsection (1) of section 2 of this Act, or any other provisions of primary or subordinate legislation to implement an international trade agreement as defined in section 2(2), include provision in any of the areas listed in subsection (3), the provision must be consistent with maintaining United Kingdom levels of statutory protection in that area.
(3) The areas referred to in subsection (2) are—
(a) the protection of human, animal or plant life or health;
(b) animal welfare;
(c) environmental protection;
(d) employment and labour;
(e) data protection;
(f) the protection of children and vulnerable adults online.
(4) In this section—
“UK publicly-funded clinical healthcare services” means publicly- funded clinical healthcare services provided in the United Kingdom, or in the part of the United Kingdom in which the regulations or other provisions have effect, on the date on which a draft of the regulations is laid or (as the case may be) the provisions are first published;
“UK levels of statutory protection” means levels of protection provided by or under—
(a) primary legislation,
(b) subordinate legislation, or
(c) retained direct EU legislation,
which has effect in the United Kingdom, or in the part of the United Kingdom in which the regulations or other provisions have effect, on the date on which a draft of the regulations is laid or (as the case may be) the provisions are first published.””

[Lord Grantchester (Lab)]

I thank the Minister for his introduction and explanation of the Government’s amendment in lieu on the non-regression of standards. Indeed, I am grateful to him for fulfilling the commitment made earlier to bring forward the Government’s amendment at this point and in the Commons earlier this month.

The amendment marks a tremendous step forward for the Government and is to be welcomed. Together, we have built on the initial agreement negotiated in 2019 through the standards amendment to the then Trade Bill that set standards on food, environmental protection and animal welfare into statutory form in trade agreements. That set up the progress that was fulfilled in the then Agriculture Bill—now the Agriculture Act—and is translated further into the Trade and Agriculture Commission, which is implemented in this Bill.

As that progress has been made, the equivalent standards amendment has needed to reflect the wider interpretations of the standards into further relevant areas. While that list may vary among people, as may the relative importance of its elements, it is welcome progress that the Government recognise the fundamental area of employment and labour law, now with the addition of the National Health Service, data protection and online harms. I recognise these important concessions, agreed with the Government, which they have included in their amendments. I thank the Minister for all the discussions he has conducted on the issue.

However, the Government are still stumbling over one important facet of this. In 2019, the nation was in a different place regarding trade agreements. At that time, the amendment related to rollover agreements, which this Bill primarily focuses on. However, that is not the full extent of the Bill as it now stands. Then, rollover agreements had yet to take place. Two years later, as the Minister reminds the House with regular updates, our trading relationships have now been extended to some 70 countries with the continuation of rollover deals. The issue is no longer as pertinent to those deals, as the Government’s achievements in maintaining EU-wide agreed standards has recognised. The Government’s attention is now focused on the more precarious area of potential trade agreements with countries such as the United States of America, Australia and New Zealand, which would break new ground.

My amendment’s focus is different from that of the Government’s amendment in lieu as it will also apply to all future trade agreements yet to be secured. With all the delays to this Trade Bill and reinterpretations over developments and over time, this demarcation—this line of argument—has become rather muddled. Indeed, the Government recognised the extension over that line in the Commons, where the Minister there supported an earlier amendment in lieu tabled by Sir Robert Neill which covered new trade agreements, albeit on another issue. Referring back to the Agriculture Act, the main concession reached there was the addition of Clause 42, which created a reporting mechanism to all trade agreements through an amendment to the CRaG process. So it is a rather muddled line indeed.

Taking this patchwork approach together, it is clear that the Minister and the Government understand that UK standards can be affected, even diminished, by trade agreements—both those that exist through agreed EU rollovers and new agreements—and that the UK needs effective protection. I welcome that, but it seems that we are not altogether there yet in terms of having complete effective protection from the impact of future trade deals. However, from the Minister’s submission and his further remarks when he comes to reply, this technical drafting can translate into a practical interpretation that it will be all but impossible not to respect the non-regression of standards in all future trade agreements. Does the Minister agree with that statement? Across all the proposals supported by your Lordships’ House, the processes of scrutinising and agreeing trade agreements will need to be explored and experienced in how they will work; the Minister’s confirmation would certainly be appreciated.

--- Later in debate ---

Motion C2 (as an amendment to Amendment 6F) withdrawn.

[Lord Grantchester (Lab)]

I am grateful to all who spoke to this amendment and sincerely thank the Minister for his approach. I note what the noble Baroness, Lady McIntosh, said about further measures that we would have wished to secure. The Minister, however, has been convincing enough that alternative methods to secure adequate maintenance of food standards will be sufficient. Of course, we wait to see how that proper maintenance will be achieved.

Everyone has contributed to making this as effective as possible, given the Government’s resolve not to be prescribed in their future actions while they undertake to continue the non-regression of standards. We will see how all that works. Meanwhile, it has been important that so many have spoken up and I have certainly appreciated that support. However, on this occasion, I beg leave to withdraw.

Motion C1 (as an amendment to Motion C) withdrawn.