Retained EU Law (Revocation and Reform) Bill

Lord Inglewood Excerpts

Committee stage
Thursday 23rd February 2023 Lords Chamber

[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.

[Lord Fox (LD)]

My Lords, this has been a very long debate and I think there have been a lot of excellent speeches across the Committee. I was struck by the noble Lord, Lord Hacking, displaying his underlying humanity in expressing concern for the welfare of the Government Front Bench. I was also worried about which of them will receive the Defra buckets; I am hopeful that they will not receive the shovel of the noble Baroness, Lady Young, at the same time.

I shall speak to Amendment 25, which is in my name, and more generally on the issue of safety in the workplace, which is a subject we have yet to discuss today. The noble Lord, Lord Inglewood, talked about harm to business; this is about harm to people at work. My background for more than 30 years was in manufacturing industries, where the potential for harm to employees is very high and the role of employers and regulation in their supply chain is a very important part of making sure that nobody who goes to work comes home damaged that evening, because nobody should be harmed by the work they do.

Amendment 25 deals with asbestos and its safe handling. It would exclude the Control of Asbestos Regulations 2012 from the sunset clause. The regulations create the framework for the management of asbestos. These regulations form the framework for the management of asbestos, with provision ranging from building owners to those removing it or analysing samples which may contain asbestos fibres. Asbestos is a very serious issue in this country. Asbestos is the single greatest cause of work-related deaths in the UK. Asbestos-related diseases currently kill around 5,000 people a year in Great Britain. This is a really important regulation.

First, we should note that the British Occupational Hygiene Society, a leading scientific body in this field and the chartered society for worker health protection, has welcomed the findings of a review by the Health and Safety Executive of the current Control of Asbestos Regulations. The Health and Safety Executive’s review findings highlighted that the regulations were broadly effective and should be retained. In essence, they seem to do the job, although it of course suggested refinements to improve them. However, those bodies have raised the alarm—I am sure your Lordships will not be surprised—that these regulations get thrown into the mix by the Bill. What will happen at the end of this year? Will they be retained, modified or revoked? We need to understand the future of this really important piece of legislation.

Of course, other major regulations protecting health in the workplace are also in danger of falling off the statute book. In 2021-22, 123 workers were killed in work-related accidents, many others received life-changing accidents and many thousands died from work-related ill-health. Lots more needs to be done to ensure that working people, their families and their friends do not suffer the pain and bereavement that workplace accidents can cause.

Can the Government explain why they are proposing that these laws should be put in doubt? That is what this Bill does, in the same way that it does to all the other 4,700 regulations: it puts them into play. For any of these to be moved back, forgotten or revoked will push the country back decades; that is what the automatic expiry of these laws could create.

I am taking the Minister’s advice to make sure that we put on record the laws we are concerned about. I was not going to mention them, but I need to make sure that everybody knows we care about them because, as we know, this is the only forum we may get to talk about them. I shall talk about the so-called “six pack” of laws that forms the core of the country’s workplace safety regime—it was mentioned en passant by the noble Lord, Lord Hendy, when he spoke to the first group. For reference, the “six pack” are: the Management of Health and Safety at Work Regulations, the Manual Handling Operations Regulations, the display screen equipment regulations, the Workplace (Health, Safety, and Welfare) Regulations, the Provision and Use of Work Equipment Regulations and the Personal Protective Equipment at Work Regulations. All of them form the centrepiece of how businesses are regulated on safety.

The best businesses operate above the law; that is how you improve safety. From my own experience of working within these businesses, I know that safety awareness goes beyond these regulations. But this is a minimum standard: it is, almost literally, a safety net, and it has to be retained. There are no grounds for calling into question these laws going forward. As the British Occupational Hygiene Society chief executive, Kevin Bampton, puts it:

“Asbestos, noise, radiation, gas safety and indeed the whole mechanism for management of health in the workplace are listed as retained EU law to be repealed, restated or amended. Most of these standards have been pioneered in the UK. The UK fought the European Commission over decades to retain its unique and effective approach to Health and Safety Management and the REUL Bill is likely to throw this all away”.


That is why I proposed this amendment and why I want to bring workers’ safety to the fore.