Retained EU Law (Revocation and Reform) Bill

Lord Hannay of Chiswick Excerpts

Committee stage
Thursday 23rd February 2023 Lords Chamber

[Baroness Neville-Rolfe (Con)]

Let me reflect further with the lead Minister on this matter and come back. The point that I was making is that the suggestion that nobody is listened to is not right. We are listening and we are concerned to make sure that necessary protections are extended. That is the intention.

[Lord Hannay of Chiswick (CB)]

I just say to the noble Baroness on the issue of common frameworks and the devolved Administrations that your Lordships’ European Affairs Committee, in the form of our chair and two other members, went to Cardiff and Edinburgh to take evidence on a completely different matter. Both in Cardiff and in Edinburgh, we were told there was absolute dismay at the way they were not being told what was going on with REUL, and that there seemed to be an unwillingness to recognise that some of legislation had actually been devolved. They were just being told, “Well, it will have gone”. This is quite serious stuff, frankly. I am not expecting the Minister to answer this question now, but will she please say that intensified discussions will go on with the devolved Administrations about the implications of the Bill for them? Otherwise, there is a lot of trouble ahead—and these were not people from opposing parties; they were people from the Minister’s own party as well.

[Baroness Neville-Rolfe (Con)]

I find it difficult to answer that. My understanding is that there has been extensive dialogue with officials across all these portfolios, as noble Lords would expect: that is how government runs. In my areas of responsibility, which do not include food these days, there is extensive dialogue between departments, and that is very helpful. That has been the process here and will continue to be the process.

--- Later in debate ---

So, as many people have said, there are ways in which your Lordships’ House can make the Bill less bad. A “no regression” clause saying that none of the changes will weaken the protections would be something, although pretty complicated, I suspect. Removing the sunset clause, ensuring that departments have time carefully to consider the changes, would be another, but it is very clear that the best possible outcome would be no Bill at all.

[Lord Hannay of Chiswick (CB)]

My Lords, I want to pick up on the amendments of the noble Lord, Lord Rooker, and, particularly, my noble friend Lord Krebs, which I support.

The debate so far seems to have illustrated two points which have perhaps not come out fully in Committee so far. One is how much better it would have been had the Government taken a sectoral approach and legislated sector by sector. This is shown by the reference made recently in the debate to the Financial Services Bill going through this House now. That Bill replaces a large amount of European legislation, and it is going through without any problem at all because the Government have taken a careful, considered approach, have consulted all the interests concerned and have come forward with proposals which, broadly, are going to get the approval of both Houses. That sectoral approach would, frankly, work infinitely better than the across-the-board approach being applied now, and to which these amendments seek to make exceptions.

The second area on which our debate on these amendments has thrown a lot of light, and on which the government contributions so far to these debates have not thrown much light, is the potential implications for the trade and co-operation agreement with the European Union. These are extremely far-reaching, as has been made clear by various noble Lords, including my noble friend Lord Krebs. If we diverge substantially from the legislation that we and the European Union had when we signed the trade and co-operation agreement, there will be trouble. There will be negative implications for our trade with the European Union. Trade in the food and agricultural areas which a lot of these amendments are talking about has been one in which Britain’s exports have been rising steadily for 45 years, since we joined the European Union. They could be hampered.

They have already been hampered by the Government’s refusal to sign an SPS agreement with the European Union, which we could do perfectly easily and which would remove quite a lot of the problems and suffering under the Northern Ireland protocol. An SPS agreement would remove the additional bureaucracy and the problems that there have been with our exports, but that would be before there is any divergence at all, because we still have the same legislation as they have on the other side of the channel. However, because we are not prepared to test things either coming in or going out, or to have an agreement which says that we do not need to, our trade has already been damaged quite a bit. That is nothing compared to what will happen if the Government decide to diverge sharply from the legislation that we currently have and are seeking to abolish.

When the Minister replies to the debate, it would be good if she could say what consideration the Government have given to and what impact assessments they have made on the potential for damage to our trade under the trade and co-operation agreement if the European Union should consider that we are diverging to an extent which invalidates what we signed in 2020.

[Lord Inglewood (Non-Afl)]

My Lords, when I came into this debate, I did not anticipate saying anything, but I wear two hats—one as a farmer and one as a lawyer. I will not put my lawyer’s hat on. I would like to comment on the remarks, which were entirely to the point, of the noble Lords, Lord Rooker and Lord Hannay.

I have been actively involved, in one way or another, in agricultural businesses since the 1970s. I remember the damage, which the noble Lord, Lord Rooker, described, to my livestock business—as an aside, it was subsequently destroyed in the hecatomb of foot and mouth. It goes to the bottom line of farmers’ businesses. As is well known, farmers are under the financial cosh because of all the changes being brought about on environmental payments and support systems, which are really hitting their incomes.

We are told by the Government that one of the desirable consequences of Brexit will be that British agriculture will be able to find markets elsewhere around the globe. In order to do that, there are two essentials. First, the other parties to these transactions must have long-term confidence in the quality and character of the product coming from this country. Secondly, they need to be sure that whatever rules are in place will remain, because these businesses depend on long-term supply agreements. The uncertainty hanging over the agricultural industry as a result of—if I may put it this way—clever-clever intellectual games by politicians and lawyers will damage their business. That is very unfair, not only for its own sake but because it will have a particular effect on those whose businesses are already being damaged by current government policies.