Trade Bill

Lord Inglewood Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Tuesday 6th October 2020 Grand Committee

[The Lord Bishop of St Albans [V]]

My Lords, I plan to say a few words on Amendment 20, moved by the noble Lord, Lord Grantchester. I am also sympathetic to Amendments 23, 25 and 26.

Food production and environmental standards, as well as the safety that they enshrine, are crucial to a healthy agricultural sector that seeks to mitigate the dangers arising from poor practices and the low-quality products they produce. Ensuring continuity has been a big priority for a number of Members. Issues surrounding the responsible administration of antibiotics to livestock, for example, are not national issues but global public health ones. Despite the Bill covering existing trading arrangements, we should not forget that the raison d’être for leaving the European Union was the assertion of our sovereignty. It is therefore right that the existing arrangements, conducted while we were in the EU, ought to be scrutinised by the relevant departments to ensure that the UK does not inadvertently undermine measures to achieve reductions in the risk of disease or contamination—or, indeed, targets for antibiotic reduction.

This by no means seeks to discredit trading arrangements made while we were in the EU, which I am confident already abide by the regulations set forth in Amendment 20. However, the scrutiny put forward in this amendment will guarantee this and ensure that the UK reinstates its commitments to the environment, food standards and a safe and healthy agriculture sector globally through its existing trading partners. I look forward to hearing what reassurances the Minister can give us on this group of amendments, particularly on whether there is some way in which the broad drift of what many of them try to get at can be brought back in the hope that we do not have to table specific amendments on Report.

[Lord Inglewood (Non-Afl) [V]]

My Lords, I am pleased to speak to these amendments because I believe that each and every one of them is important—not least because of their implications as much as their substance, which matters a lot. After all, the legislation around which they are drafted was made entirely properly via the so-called community method, endorsed by Parliament during our membership of the European Union. As a result, they are as legitimate a piece of law as any domestic statute.

When we left the European Union, it was entirely sensible to slide the then acquis directly on to the domestic statute book and to add a provision enabling amendment by statutory instrument. After all, there is a need for all kinds of consequential adjustment. But it does not follow from this that they have to be amended by statutory instrument, merely that they can be. Equally, perhaps, they can as effectively be amended by Act of Parliament.

Clearly, too, when we left the European Union, the power that Parliament bestowed on the Union in respect of international agreements fell away. This means that such international agreements now again revolve around the use of the royal prerogative. However, as has been pointed out on many occasions, the character of the interdependent world in which we now live means that binding international commitments have a much bigger impact on this country than much domestic legislation, which of course is why the CRaG Act was put on the statute book. The reality is, as many people have pointed out, that the procedures under the CRaG Act are a shadow of substantive full parliamentary procedures in terms of scrutiny, checks and balances, transparency and so on, not least because the crucial international decisions are essentially completed before and not after UK parliamentary deliberation, and by then it is a bit late.

The reality of the world that we live in is that Parliament is given Hobson’s choice. In my mind, for serious, wide-ranging legislative change, that is very undesirable and comes about because of a congruence of our leaving the EU and the role of the royal prerogative. Its effect on legislators and the public is substantial in terms of diminution of their involvement, and scrutiny of what is going on. That is one thing for minor technicalities, but not for major policy changes.

The Government have argued this afternoon that they have made promises in respect of a whole range of these things. Of course they have, but, equally, it was interesting that the Chancellor said earlier today that he would try—I repeat, “try”—to deliver as many manifesto promises as he could. Already there is a bit of a let-out there. And let us be clear: it is not unheard of for Governments to change. After all, I think we have had four in the last five years and, dare I say it, sometimes promises are broken. While it is convenient for Ministers to have Parliament rubber-stamp their wishes, it is not Parliament’s role to do so. Rather, we should deliberate on and then accept, refuse or amend the Government’s proposals—and that is slightly different.

The bulk of the amendments in this group reinforce Parliament’s role in developing agricultural and/or food law. It is difficult to think of anything more important domestically than the quality, wholesomeness and origins of the food that we eat here, be it from the perspective of human physical and mental health, its impact on the NHS and public expenditure or its impact on land management and the environment across the country. In a properly organised world, I suggest that significant changes in respect of these matters merit full parliamentary scrutiny, and at least the amendment is a move in the right direction.

The environment and climate change are in the same category. After all, all carbon emissions, wherever they may originate, do not respect national boundaries, and the effect of excessive emissions, regardless of where they originate, is in general terms a bit like putting the whole globe into a microwave.

On top of all this, where proposed domestic change to ex-EU legislation involves breaches of international legislation—something which it is clear from the events of the last few weeks that the country does not like—I do not believe that the Government should be able to proceed towards that unless either the proper international withdrawal legal procedures have been followed or they have first had express parliamentary authority to proceed.

These amendments do not go as far as I would like, but they are a real step in the right direction.

[Lord Wigley (PC) [V]]

My Lords, I am glad of the opportunity to speak very briefly in support of the amendments that address issues of food safety and the importing of agricultural goods. I had intended to add my name to the lead amendment, Amendment 20, and I concur very much with the points made very effectively by the noble Lord, Lord Grantchester.

As was mentioned in the first bank of amendments that we debated last week, dealing with environmental issues, in this Bill we are overlapping significantly with the debates that we had on the Agriculture Bill. That is again the position as we address the safeguards needed against importing food of inferior quality to that produced in the UK or the European Union.

I am not going to repeat the arguments that I put forward on Report of the Agriculture Bill, but it might be as well to remind the Committee that amendments on those issues were carried in the context of that Bill and they are equally relevant in the context of this one. I hope that the Government will bear that in mind as they seek to pass a Trade Bill—namely, to make it acceptable to all parts of this House. I commend Amendment 20.