All 6 Viscount Ridley contributions to the European Union (Withdrawal) Act 2018

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Mon 5th Mar 2018
European Union (Withdrawal) Bill
Lords Chamber

Committee: 4th sitting (Hansard): House of Lords
Mon 12th Mar 2018
European Union (Withdrawal) Bill
Lords Chamber

Committee: 6th sitting (Hansard): House of Lords
Mon 26th Mar 2018
European Union (Withdrawal) Bill
Lords Chamber

Committee: 10th sitting (Hansard): House of Lords
Wed 18th Apr 2018
European Union (Withdrawal) Bill
Lords Chamber

Report: 1st sitting: House of Lords
Tue 8th May 2018
European Union (Withdrawal) Bill
Lords Chamber

Report: 6th sitting (Hansard): House of Lords
Wed 16th May 2018
European Union (Withdrawal) Bill
Lords Chamber

3rd reading (Hansard): House of Lords

European Union (Withdrawal) Bill Debate

Full Debate: Read Full Debate
Department: Scotland Office

European Union (Withdrawal) Bill

Viscount Ridley Excerpts
Lord Davies of Stamford Portrait Lord Davies of Stamford (Lab)
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My Lords, I congratulate the noble Baroness, Lady Jones, on introducing the amendment very clearly and effectively. I support it strongly. I also commend the speech of the noble Baroness, Lady Bakewell, who spoke straight from the heart. However, there was nothing at all sentimental or false about what she said; it was said straight from experience and was very matter of fact.

I too have the benefit of living in the country—I see it as a benefit, anyway—and I see many animals. I have cattle grazing on my land and I have a dog; I should declare that interest. I have many times been able to verify how intelligent these animals are, how sensitive they are and what an extraordinary relationship they can have with human beings. All of this is orthodox science. It was demonstrated by Pavlov or Konrad Lorenz and has been demonstrated over and over again, so I do not think there is any doubt about it. It has always seemed to me that caring about sentient animals is one of the marks of a civilised society. There is terrible cruelty to animals in this world. The situation is obviously worse in many poorer countries, for reasons one understands. I think that the European Union has probably the highest standards of anywhere in this matter—certainly far higher than the United States. I hope that we can keep things that way if we have to leave the European Union and that we will at least not resile from those standards. That is why I want to comment on what has just been said.

I am not sure that I have ever said this before, but I agree with every word that the noble Lord, Lord Deben, said in his excellent speech. That being the case, I might normally be tempted simply to record my agreement and then sit down. However, I have some slight hope that if I make similar points to those he made—it was my intention to make exactly the points he pre-empted me in making—but from a rather different perspective, and the Government hear a similar message from different parts of the House, they might for once consider whether there might be something in those points—and it would be very desirable indeed if the Government thought again about the matter.

The noble Lord, Lord Deben, made a couple of very important points. I will not follow him on Northern Ireland as we shall have other opportunities to debate that in the course of our proceedings, and I look forward to taking part in those debates. The noble Baroness, Lady Jones, made it very clear that the Government clearly intend that there should be protection for sentient animals in our legislation, but not to the same high standard that applies at present. Over and over again—countless times—we have heard in these debates that the Government’s only intention in bringing forward this Bill is to transpose Union law into British law so that there is no legal vacuum or legal confusion if we leave the European Union. We understand that that is a perfectly reasonable and logical response to the situation and I think that most of us on this side of the House want desperately to take the Government’s words in good faith.

However, over and over again we find that that is not true, that there is a surreptitious agenda and that rights and protections which exist by virtue of our membership of the European Union are not being carried forward and that the Government appear to have no intention of carrying them forward into domestic law after Brexit. The noble Baroness, Lady Jones, made this absolutely plain and cited the Government’s proposed wording to replace the article in the Treaty of Lisbon on animal welfare. It is quite clear that the Government want to weaken that language. Why do they want to do that? I had always thought that there was a consensus among civilised, humane people on the protection of animals which went across this House and the other place and had nothing at all to do with political parties. Is that not the case? Why should the Government therefore decide in this case not to carry forward into British law the existing levels of protection in the Treaty of Lisbon but to deliberately reduce them and dilute them? Why is that? I cannot understand it.

Secondly, on another point made by the noble Lord, Lord Deben, there should be no illusion about this matter as regards international trade. If we are serious about animal welfare, we must impose exactly the same standards that we impose on our own farmers in this matter on any imported animal products, otherwise we will make complete fools of ourselves without any gain to animal welfare at all. All that will happen is that the business will go to farms in other countries which apply appalling standards of animal protection or none at all and who therefore have an economic advantage and can undercut the British farmer with produce that is produced in barbaric fashion. I include in that the way the Americans produce their beef, which is absolutely revolting. They now have zero grazing for over 95% of their beef, which means that you have two animals in an area slightly smaller than the Table in front of me. They never see the air or a blade of grass in their life. That is appalling but it undoubtedly gives the Americans an economic advantage.

Viscount Ridley Portrait Viscount Ridley (Con)
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The noble Lord is repeating a point he made last week about American agriculture. I let it pass then, but on that occasion he said that if you go to Texas, there are no cattle outdoors, and that you would not see a lot of Texas longhorn outdoors. I go to Texas quite regularly and see an awful lot of cattle being raised outdoors. The noble Lord should be careful not to exaggerate what is happening. I do not know what relevance this has to EU withdrawal, but it is important not to go too far in this respect.

Lord Davies of Stamford Portrait Lord Davies of Stamford
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I will come to the relevance to EU withdrawal in a moment. I will just say that I feel that I have not lived in vain, because the noble Viscount has listened to what I said and thought about it for several days. I was perhaps speaking figuratively; in this life you can never apply the word “infinity” or “zero” in a completely literal sense. He may have been to the wrong part of Texas, or to parts where there are expensive ranches and the oil billionaires who own them like to have some longhorn on display. Those ranches exist, and I have seen one or two of them. Perhaps the noble Viscount has some friends who invited him there. That is not the heart of the beef economy. If the noble Viscount knows anything about Texas—he obviously does—he will know that Fort Worth used to be the centre of the Texas meat industry. I used to go there very frequently because I had a lot of dealings with Lockheed Martin, which is based there. I went there at different times of the year and I got to know the countryside around Fort Worth and towards Dallas quite well. That would have been cattle country 100 years ago; there would have been cattle on every horizon. I have literally never seen a single live animal in the area around Fort Worth, which was the headquarters of that industry. That is not a part of the United States where wealthy people have ranches with animals on display, which is a very different matter.

The point I was making—I will not say before I was interrupted, because I was pleased to have the intervention from the noble Viscount, particularly if he has been listening to my speeches carefully—was that there is no point in having any kind of regard to animal welfare and persuading ourselves that we are being humane and civilised in doing so if we then let in, in our imports, meat or other agricultural products which derive from inhuman practices. All we are then doing is making sure that the business and the activity moves from this country abroad with not a single iota of gain to animal welfare or happiness, and causing the destruction of the British livestock industry in the process. That makes no sense.

If we are to do this, we have to do it properly. We should make it a matter of moral commitment that when we leave the European Union—if indeed we do—we stick to the high standards which the European Union has set in this matter and certainly do not dilute them, and secondly, that we ensure that we impose those standards if we have left the European Union and are in a position to sign free trade agreements with other countries. I have explained why I think it is unlikely that we will be in that position in practice with the United States, but supposing that we were, we should in that eventuality impose exactly the same standards on anybody who wants to sell us meat or other agricultural products in future.

European Union (Withdrawal) Bill

Viscount Ridley Excerpts
Committee: 6th sitting (Hansard): House of Lords
Monday 12th March 2018

(6 years, 1 month ago)

Lords Chamber
Read Full debate European Union (Withdrawal) Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 79-VII Seventh marshalled list for Committee (PDF, 331KB) - (12 Mar 2018)
Lord Sharkey Portrait Lord Sharkey (LD)
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My Lords, my noble friend Lady Jolly has added her name to this amendment, but unfortunately she cannot be in her place today. She has asked me to speak in her stead, and I am delighted to do that. I declare an interest as chair of the Association of Medical Research Charities and of the Specialised Healthcare Alliance, which campaigns on behalf of people with rare diseases. Both these organisations have a direct interest in this amendment.

As the noble Lord, Lord Patel, made clear, the UK has a tremendous record in medical research, in both basic blue-sky research and in translation into treatments. We live in a golden age for medical research, and this golden age is driven very largely by the UK, by efforts in our universities and in our hospitals. There are many reasons for this pre-eminence: world-class university research, world-class medical institutions, the unique NHS system and a funding structure unlike anywhere else in the world, where medical research charities contribute £1.6 billion each year to research, sitting alongside public and private funding.

All this makes our medical research achievement one of the undoubted successes of the United Kingdom. This success has a simple and direct consequence: it produces very significant improvements in health and well-being and very significant improvements in our ability to cure and to treat disease. The chief mechanism by which research turns into cures or treatments is the mechanism of clinical trials.

The UK has long been, and remains, attractive to the pharmaceutical industry, for example, because of the NHS’s ability to run extensive clinical trials. The UK has been able to recruit the very best researchers—again partly because of the NHS. Another reason why clinical trials in the UK are important to researchers, as the noble Lord, Lord Patel, made clear, is our alignment with the other 27 EU states under the existing EU clinical trials directive of 2004.

This alignment is absolutely critical. It allows wide and varied datasets, it creates standard procedures and protocols, and it makes research into rare diseases possible. This last point is of huge importance. Some diseases, very often serious diseases, are so rare that there is not available in any one country a sufficient number of patients for research to take place. But because we are aligned across the EU by the 2004 directive, we can and do find sufficient numbers across 28 countries to carry out effective research.

Pancreatic cancer is a case in point. This is one of the hardest cancers to treat and has an appallingly low survival rate. Just 1% of people diagnosed with pancreatic cancer in England and Wales survive for 10 years or more. The European Study Group for Pancreatic Cancer recruited more than 700 patients from the UK, Germany, Sweden and France to a large-scale clinical trial. The results showed that an extra 13% of the patients on the trial lived for five years when given the tested combinations of chemotherapy and drugs. This is a huge result for patients and for the future of pancreatic cancer treatment, all made possible by, and only because of, the ability to run trials across 28 countries under a common regime. I should add here that the European Study Group for Pancreatic Cancer is led by an outstanding team at Liverpool University.

The 2004 clinical trials directive has proved invaluable. But it has also proved to have many deep and fairly obvious flaws, which we in the UK have been instrumental in trying to correct. After the introduction of the directive, the number of applications for clinical trials fell by 25% between 2007 and 2011, administration costs rose by 98% and delays in actually launching a clinical trial rose by 98%. All this was recognised in 2012 when, with a great deal of UK lobbying, work began on a revision to the directive.

This revision became, in 2014, the new EU clinical trials regulation, referred to in the amendment before us. As the noble Lord, Lord Patel, said, the benefits of the new regulation are straightforward: it speeds up the process for launching new clinical trials; it establishes a more proportionate regulatory regime, with much less red tape; it recognises the concept of co-sponsorship of trials; it simplifies the rules for critical multicountry trials; and it streamlines reporting requirements. This means faster and cheaper trials, faster results and faster delivery of any benefits to patients. All these are of course very good things.

Although the new regulation was agreed in 2014, it was estimated that it would apply only from 2017-18. That was to allow time to get in place the mechanisms needed to make it work properly. But this application date, as has been mentioned, has been delayed yet again, and the EU now says that the regulation will come into force in the second half of 2019. This presents the problem that the amendment addresses. The Bill assumes that we will have left the EU on 29 March 2019, so the new regulation will not be incorporated by this Bill into UK law. Without the amendment, though, the old directive will be, or could be, incorporated. Either way, that means we will not be aligned to the new regulation when it comes into force in the second half of 2019. We will not be part of a group of 28 member states when it comes to conducting clinical trials; we will be a group of one outside a group of 27. The consequences of that for clinical trials in the UK would be disastrous, as they would for UK medical research, for research in the NHS and for our attraction as a research base for pharmaceutical companies.

The amendment of the noble Lord, Lord Patel, takes no political stance and no view about the merits or otherwise of Brexit. It simply says that the Government must not incorporate the old, defective clinical-trials-directive-derived legislation into UK law before the Government have reported to both Houses about the costs and benefits of adopting the new EU clinical trials regulation.

I entirely support the amendment and believe it to be necessary, but I also believe it does not go far enough in ensuring that we are compliant with the new regulation from the day that it applies. That is what we need, not just to protect existing trials but to make certain that we are part of the new regime, which after all we were instrumental in creating. I very much hope that the Minister will take the amendment as the beginnings of a conversation about how to adopt or realign with the new regulation on day one of applicability, and I hope that he will be able—on Report if not today—to make a firm commitment to aligning the UK with the new regulation from the day that it becomes applicable.

Viscount Ridley Portrait Viscount Ridley (Con)
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My Lords, I have added my name to this amendment. Unlike many amendments to the Bill, this one really is intended to be helpful to the Government and the Bill. Unlike many, it has a genuine point to make and is not merely an excuse to filibuster. Unlike some speeches in support of the amendments, when I say I shall be brief I shall mean it.

As the noble Lord, Lord Patel, says, the Prime Minister’s speech 10 days ago removed the need for lots of amendments to the Bill. In saying that we intend to join or align with the European Medicines Agency if possible, I think she has effectively indicated that the amendment is welcome. However, it is worth pressing the point briefly to get clarity. The background, as the noble Lord, Lord Sharkey, has said, is that the EU passed a disastrous clinical trials directive in 2004, destroying much of a thriving British clinical trial industry almost overnight—a crown jewel of our world-leading biomedical sector. It was not one of Brussels’ finest hours. None the less, the UK remains the leader in Europe and one of the leaders in the world in discovering, developing and testing new treatments for diseases, thanks to our strong pharmaceutical industry and our superb academic sector.

The UK’s MHRA—I shall not spell it out; we know what it stands for—in particular has been instrumental in designing and delivering a robust regulatory environment across the EU, providing an attractive and harmonised framework for clinical trials. It is the senior agency relating to the EMA. This includes reviewing the shortfalls of the clinical trials directive and putting its considerable expertise towards drafting the new clinical trials regulation that is coming along to undo some of the harm done by the 2004 directive.

We have already agreed to the CTR in full but, as the noble Lord, Lord Patel, says, due to a minor delay we risk not only failing to adopt its vastly improved principles in data sharing and expedience but, in the process, losing alignment with our European partners on vital shared research. The CTR will be applied in late 2019, as opposed to this year as originally planned. It will therefore not be covered by the EU withdrawal Bill as it stands. The resulting uncertainty is already having an effect. Clinical trials can run over many years and require significant planning. Uncertainty is already having consequences.

The Government have sent out strong signals that the UK should be a leading centre for the life sciences through the life sciences industrial strategy and associated sector deal. Aligning with the CTR and allowing collaboration to continue to underpin the UK’s thriving research sector will help the Government to achieve that ambition. I and many others are rightly concerned about new regulations that could come in during the implementation period that the UK will have no say in. The clinical trials regulation is categorically not one of those. It was devised with enormous input from British research expertise, was fully agreed to by British representatives in the EU and is regarded as a significant step forward for the governance of cross-national clinical trials. So I hope the Minister will be able to reassure us and the vital biomedical sector in this country by clarifying that we will align with the CTR, as implied by the Prime Minister 10 days ago.

--- Later in debate ---
Lord Patel Portrait Lord Patel
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My Lords, it is difficult for me to sum up. The message is quite clear to me, although that might merely be perception, that my friend, the noble Baroness, Lady Goldie, is in some difficulty. It is quite clear to all those who understand the amendment—and, more importantly, the European trials regulation and the law as specified in the Bill—that there is no reason why we cannot incorporate this into the Bill.

The noble Lord, Lord Warner, suggested that we might need to bring another amendment; I suppose he means with the view to having a vote. That was not my intention when I tabled the amendment. It was merely to clarify the Government’s position on importing the European trials regulation into the Bill as we are the prime movers of the regulation and we are formulating it. The solution identified by the noble and learned Lord, Lord Mackay of Clashfern, seems to be the answer to cover all such regulations that we might have agreed to and might come into force. This is not the first time that he has come to my rescue. He has done so twice before, on admixed embryos and on mental health having equal esteem. Both times they were put to the vote and the votes were won—so that is a warning.

I hope the Minister might agree that more work needs to be done on this by Ministers. I am glad to understand that the noble Lord, Lord Callanan, is to meet with Cancer Research UK and others at some stage in March, I assume to discuss this and other science issues. I hope he will agree that there might be a place for the Ministers to meet and see whether there is a solution. Otherwise, I fear that either there will be an amendment in the form suggested by the noble and learned Lord, Lord Mackay, or, if it is not me, somebody else will table an amendment. We can tell from the support this amendment received even from strong Brexiteers such as the noble Lords, Lord Lawson and Lord Forsyth, and the noble Viscount, Lord Ridley, that such an amendment might be carried.

Viscount Ridley Portrait Viscount Ridley
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As a result of this debate, could the noble Lord consider the possibility that he, I and the other supporters of the amendment have been doing so on false pretences—that is, on the assumption that some action is needed to make it come into law—whereas, if the noble Baroness, Lady Ludford, and the noble and learned Lord, Lord Judge, are right, perhaps it automatically does? That might explain the problems that we have got into today, and we would have wasted an hour and a quarter on something that might not matter.

Lord Patel Portrait Lord Patel
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I thank the noble Lord. That is why I hope the meeting will help the noble and learned Lord, Lord Judge, and others to clarify that the amendment was not necessary, in which case we are saying that any such regulation that we have agreed to stands. On that basis, I beg leave to withdraw the amendment.

European Union (Withdrawal) Bill

Viscount Ridley Excerpts
Committee: 10th sitting (Hansard): House of Lords
Monday 26th March 2018

(6 years, 1 month ago)

Lords Chamber
Read Full debate European Union (Withdrawal) Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 79-XI Eleventh marshalled list for Committee (PDF, 81KB) - (26 Mar 2018)
Viscount Ridley Portrait Viscount Ridley (Con)
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It seems from what the noble Lord is saying that the purpose behind these amendments is to keep open the possibility of preventing or reversing Brexit, which is very different from the purpose that my noble friend Lord Tugendhat outlined, of getting a better deal for Brexit. Will he clarify that difference?

Lord Dykes Portrait Lord Dykes
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All the amendments are designed, rather like the noble Lord, Lord Tugendhat, inferred, to improve the technicalities of the Bill, despite people having different views on our future membership or not of the European Union. There may be a stronger content in, for example, some of the suggestions made by the noble Viscount, Lord Hailsham, which I fully support, but that is perhaps the only such example in that cluster.

European Union (Withdrawal) Bill

Viscount Ridley Excerpts
Viscount Ridley Portrait Viscount Ridley (Con)
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My Lords, many of the arguments we have heard on these amendments almost boil down to saying that nothing can ever be changed for the better. This is, indeed, a peculiar psychological quirk of human beings, but it is not borne out by history. As my noble friend Lord Lamont said, if this amendment is passed and we are in a customs union but not in the European Union then the UK will be obliged to operate a system of external tariffs with no say in setting them. The UK would not be able to enter into new trade agreements with other countries around the world and would be bound by the rules and standards of the European Court of Justice—and that would apply even in the domestic economy. The UK would be significantly worse off than it is today.

A customs union is, by definition, a form of discrimination. Ricardo, Cobden, Gladstone: those great liberals would be spinning in their grave at the thought that their descendant party today is in favour of this form of trade discrimination. The answer to growing protectionism in the world is not to retreat inside a protectionist bloc of slow-growing countries that constitute just 10% of the world’s future economic growth, but to seek free trade opportunities wherever we can find them. The answer is not to discriminate against African and Asian economies, but to be open to all. It is not to turn our back on our friends in the Commonwealth, eager to do trade deals with us in this week of all weeks. It is not to yearn to,

“keep a-hold of Nurse

For fear of finding something worse”.

It is to embrace a model not of harmonisation and identical regulation designed to prevent and extinguish innovation, but one of mutual recognition, to learn how to achieve better ends by better means. It is not to rely on a wall of protective tariffs to keep the world at bay, but to play to our strengths as a common-law, English-speaking, scientifically advanced nation of shopkeepers and entrepreneurs. It is not to be parochial and regional, but to be ambitiously global. And it is not to listen to millionaire loveys and Trekkies gathering in Camden.

I am genuinely surprised that some in the parties opposite want to discriminate against Africa, with an average agricultural product tariff of 14.8%, 25% on sugar refining, 20% on animal products and 31.7% on dairy products.

Viscount Ridley Portrait Viscount Ridley
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I thought there were to be no interventions.

Lord Hannay of Chiswick Portrait Lord Hannay of Chiswick
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I just want to ask the noble Lord where he gets his idea that being in a customs union with the European Union will mean imposing tariffs on Africa when the European Union has zero tariffs on all African countries.

None Portrait A noble Lord
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Middle stump!

Viscount Ridley Portrait Viscount Ridley
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The European Union has an external tariff. It applies to not all products from Africa, admittedly, but to a considerable number. It also applies to Caribbean and Asian countries: there is a 20% tariff, for example, on tomatoes.

I beg those who have not yet made up their minds how to vote to recognise this amendment for what it is. It is an attempt to wreck the Bill and to prevent Brexit.

Lord Adonis Portrait Lord Adonis (Lab)
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I defer to the noble Viscount in his knowledge of millionaires. Maybe he is right, maybe he is wrong, but I do not think that they particularly enter into it. It is ordinary, hard-working people who will, of course, suffer the consequences if our trade collapses, and they are the people we should have at the front of our minds. However, on the point about trade with the wider world, almost two years ago a very thorough analysis of our trade and trade policy was made by a prominent politician in a speech. This is what she said:

“It is tempting to look at developing countries’ economies, with their high growth rates, and see them as an alternative to trade with Europe. But just look at the reality of our trading partnership with China—with its dumping policies, protective tariffs and industrial-scale industrial espionage. And look at the figures. We export more to Ireland than we do to China, almost twice as much to Belgium as we do to India, and nearly three times as much to Sweden as we do to Brazil. It is not realistic to think that we could just replace European trade with these new markets”.


That was the current Prime Minister speaking on 25 April 2016, and I do not think anything has changed since.

European Union (Withdrawal) Bill

Viscount Ridley Excerpts
Report: 6th sitting (Hansard): House of Lords
Tuesday 8th May 2018

(5 years, 11 months ago)

Lords Chamber
Read Full debate European Union (Withdrawal) Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 79-R-VI Sixth marshalled list for Report (PDF, 210KB) - (3 May 2018)
Lord Callanan Portrait Lord Callanan
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The House will be pleased to know that I shall not repeat all the arguments against the amendment, but, following on from the questions that the noble Lord asked me in Committee, it would perhaps be helpful for him to know that the Government intend to commence this provision of the Bill shortly after Royal Assent. That was a question that the noble Lord asked me in Committee and I wanted to be up front with the House about it.

Viscount Ridley Portrait Viscount Ridley (Con)
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I had prepared an enormous speech on this amendment which your Lordships will be glad to hear I will not give, but after all that we have gone through so far on this Bill it is appropriate that some of us put on record our admiration for the endurance, patience, diligence and good manners of my noble friend Lord Callanan.

Lord Callanan Portrait Lord Callanan
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It is very kind of my noble friend to say so; I am very grateful for his comments. I look at the vast expanses of empty Benches on the other side; perhaps they do not share that sentiment, but it is nevertheless nice that we have finally reached the end of Report. I am sure that we will return to some of the issues in the future.

European Union (Withdrawal) Bill

Viscount Ridley Excerpts
3rd reading (Hansard): House of Lords
Wednesday 16th May 2018

(5 years, 11 months ago)

Lords Chamber
Read Full debate European Union (Withdrawal) Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 102-I Marshalled list for Third Reading (PDF, 72KB) - (15 May 2018)
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb
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No, no, no. These protections are for our air, our food, our animals, our countryside and ourselves: it is for us that we are doing this.

I have had a lot of flak from people for voting for Brexit, and one of the biggest things that they are unhappy with—obviously I get a lot of green people emailing me—is the risk of losing our environmental protections when we leave the EU. It is something that I worry about as well. Currently, our Government are policed by the Commission and the European Court of Justice. But our Government cannot be trusted on environmental issues, on which they have routinely lost legal cases. Examples include ClientEarth forcing the UK to make good on reducing our lethal levels of air pollution, and the Commission forcing us to reduce the disgusting levels of human waste in the River Thames. So I agree with the criticisms levelled against me and levelled against Brexit. If we do not replace the legal powers of the Commission and the ECJ and maintain the environmental principles that underpin them, Brexit will be a disaster from an environmental point of view. This amendment is our chance to put that right.

The naysayers to this amendment—if there are many in the House—might suggest that the whole point of Brexit is to remove ourselves from EU institutions and so it is wrong to try to recreate their functions. This is plainly wrong. Parliament can, and should, determine what our environmental principles are and who should enforce them. It is perfectly right for Parliament to insist that a statutory body, with real enforcement powers, should hold the Government legally accountable to its national and international environmental obligations.

To me, the crucial part of this amendment is proposed new subsection (1). The Government have repeatedly promised us that leaving the EU would not mean any diminishment of rights, obligations and protections. But, clearly, if we do not pass this amendment, we will be diminished.

Other Members of your Lordships’ House have said how feeble the option is that the Government are offering us. The reason for this feeble environmental watchdog is probably because of the divisions in the Government. On the one hand we have a wonderfully ambitious Environment Secretary, whom one can almost imagine frolicking in a field of wheat. On the other hand we have an International Trade Secretary who dreams of GMO-fed beef and chlorinated chickens from factory farms in America.

Viscount Ridley Portrait Viscount Ridley
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I am most grateful to the noble Baroness. Surely her speech and many other speeches would do very well as submissions to the consultation. The supporters of this amendment asked the Government for a consultation and they got a consultation. If they have criticisms to make of what has been proposed in the consultation, let them submit them to the consultation. Is that not how it is supposed to work?

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb
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I thank the noble Viscount for his intervention. I will most certainly do as he suggests. That is a very good idea.

A compromise appears to have been reached between the Trade Secretary and the Environment Secretary. They seem to have said, “Okay, let’s have a watchdog but let’s make it toothless, so that it won’t actually have the powers and duties it needs to be effective”. So the Government propose that the new body will not be able to initiate legal action, will have no legal obligation to operate the current environmental principles—such as polluter pays—and will be kept out of anything to do with dangerous anthropogenic climate change. The consultation fails to propose anything close to what we have already.

The amendment is therefore inconvenient for the Government, so they will oppose it. Of course, a real environmental watchdog could not be anything but inconvenient to a Government. We want it to be inconvenient to a Government. We want it to actually hold them to account. We want it to stop them doing bad things. We want it to uphold all the principles of clean food, clean air and clean seas that we currently have.

The Minister has made good on his promise to put the issues out to consultation ahead of Third Reading, but it is simply too weak. It is weaker than the EU law that we have already and it could, of course, be weakened after the consultation. We have no guarantee that the issues will not be kicked into the long grass under the weight of other legislation coming through from Defra.

It is less than a year to Brexit day, and it is obvious that the Government’s promised Bill on the environment simply cannot be passed until long after we leave the EU. That means that there will be a governance gap, which we cannot afford. So I urge every Member of this House to vote for this amendment.