Trade Bill

Viscount Waverley Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 8th September 2020 Lords Chamber

[Viscount Waverley (CB) [V]]

My Lords, this self-styled continuity Trade Bill is a building block. However, in its current form it does not contain all the necessary components. The Bill is also being brought forward in an environment of a moving target, with a degree of despondency over the Brexit endgame process now setting in, not so much because of the exiting itself but because of the manner in which we appear to be doing so. Departure on bad terms would present a Brexit double jeopardy, which is no panacea and certainly not a long-term solution. At some point the UK and the EU must and will enter into a trade deal, but at what cost and when remain in question. My single focus, together with geopolitical positioning and the upholding of British standards, is to assist in making global trade a success. I offer four observations, some good, one not so.

I returned last night from Turkey and have listened carefully to the Minister’s remarks on FTA scrutiny. However, I wish to illustrate that country as a positive example. Turkey has all the potential ingredients of a strategic relationship for the UK, one that includes a broad range of sectors and industries, ranging from energy to manufacturing and from banking to services, and includes a large domestic market with large near-neighbourhood possibilities. It is a G20 economy with a large and young population of 82 million. I am also informed that, given our good political relations, we are well-placed to expand trade and investment in both directions. We would, without reservation, be pushing at an open door—exactly the indicators we should be looking for in a global Britain. It would be helpful if the Minister had time to inform us of the status of the FTA discussions.

What is not such good news is that elsewhere—the name of the country itself is not important—a Secretary of State refused to take a Zoom call to explore a relationship with a certain Deputy Prime Minister on multiple attempts, to which there was zero response. It was one where a major British entity is present and, I am sure, would welcome a boost. This, to my mind, is unacceptable. Additionally, Whitehall does not even have the good manners to properly manage that request, so nul points on that one. In a new era of post-Brexit Britain, surely one advantage must be that we remain agile and open.

I shall conclude on two possible initiatives. First, I am instrumental in the formation of a new APPG for chambers of commerce and trade associations. Both sets of multipliers need to be a focus of attention post Brexit to make them more effective. My purpose is to draw attention to their importance and their need to assist in the UK’s trading endeavours. The Government must look beyond the narrow confines of Whitehall, build a formal process for engaging with stakeholders and ensure that trade opportunities are distributed equally across our regions, utilising local expertise to close on opportunities. We must be innovative in our approach, ensuring that the UK maintains its position on the global stage and furthering our place as a motivator for business.

Secondly, in a declared initiative to serve the UK’s interest, I have developed a trade and network platform for emerging markets, SupplyFinder.com, which provides practical tools and increases bilateral trade with solutions to serve SMEs globally for 224 countries in 14 regions, introduced in eight languages.

I wish the Minister well. There is certainly much to do, and I look forward to the opportunity of engaging on the Bill and other aspects in due course.

Trade Bill

Viscount Waverley Excerpts

Committee stage
Tuesday 13th October 2020 Lords Chamber

[Viscount Waverley (CB) [V]]

My Lords, the noble Lord, Lord Lansley, has succinctly made the case. The final countdown to the United Kingdom embarking on a new chapter in our proud journey has arrived. Transparency and inclusiveness are needed now more than ever. The noble Lord should be thanked for tabling these amendments. The word “trust” has been uttered many times in Committee. These amendments would assist that process. For a nation that built its reputation as a great trading nation, it is surprising how little is understood about how trade impacts. Taking the public’s trust is an imperative. These amendments would provide an important demonstration that the Government are serious about making trade work for everyone, and the promotion of international best practice. Demystifying trade, enabling all stakeholders to understand how it benefits the economy, and demonstrating that to the regions and communities up and down our land is essential.

It is time to look at these issues with fresh eyes, and to bring a more inclusive approach to finding solutions to the challenges we face. By inclusive, I refer to the United Kingdom’s multi-sector business organisations, together with representatives of consumers, civil society and workers. Strong social partnership between government, business and unions is the only way to deliver the required results. After all, a sustainable and inclusive approach would translate into economic growth, jobs and the maintenance of high standards.

Common rules and standards are the best mechanism to reduce red tape and bureaucracy and ensure that we all trade on a level playing field. An annual report, as proposed by the noble Lord, Lord Lansley, would help ensure that robust mitigation strategies are in place to assist companies in understanding, for example, the new trade preferences available and how they can benefit. The noble Lord has flagged that an export strategy should be in place by year-end. This would be extremely commendable.

Lessons learned from the past, to effectively distribute the benefits of trade and how to achieve it, are paramount. To that end, and relevant to the issues before us this afternoon, an All-Party Parliamentary Group for Trade and Export Promotion has indeed been launched, which I have the honour of co-chairing. Gary Sambrook, in another place, takes the lead, with MPs across the family of nations being actively involved. The noble Lord, Lord Lansley, kindly referred to this and he is a key participant. I am grateful to him for drawing attention to it. We are certainly working on a full programme, including, quite extraordinarily, a call at 4 am to review progress with a secretariat headed by Chris Southworth. I am delighted that the noble Baroness, Lady Mobarik, and the noble Lords, Lord Lansley, Lord Mann and Lord Purvis, are vice-chairs, contributing much with their combined wisdom. It offers constructive consideration of the issues that bring us together today, bringing together international trade policy, trade promotion, investment and trade finance under one roof, and into an inclusive forum. The APPG is ably supported with a secretariat run by an organisation that lives and breathes trade, the International Chamber of Commerce.

This morning we had our first meeting, made up of 30-plus organisations from around the UK, to learn of concerns and proposals. From this point, we will invite Her Majesty’s Government to attend these meetings, as I have little doubt that they will find areas of interest, in the spirit of delivering better solutions and outcomes that build confidence and trust in trade.

I end where I began, in supporting these amendments. We must work as a team united, so that the UK can go forward as a global player, but not before sorting ourselves out internally. I endorse the suggestion made by the noble Lord, Lord Lansley, and encourage the Government to adopt the amendment to the best benefit of us all.

[Baroness Noakes (Con)]

My Lords, I certainly support all that my noble friend Lord Lansley said about the importance of trade promotion and export promotion. Clearly, this is vital to underpin our success in a post-Brexit world. I also support the intention that underlies the amendment, which is to facilitate holding the Government to account for their delivery in those areas. I find it difficult, however, to support the amendment itself.

All amendments that call for reports need to be treated with a certain amount of scepticism. There is already a vehicle for delivering what the amendment asks for, which is the annual departmental report. If my noble friend had expressed his amendment in terms of a government-wide delivery on his aims, I could understand the need for it to be a free-standing report, but his amendment focuses on the Department for International Trade. Therefore, the annual report for the Department for International Trade should suffice.

There is also the International Trade Committee in the other place. We tend to be somewhat dismissive of the other place’s ability to scrutinise legislation well, but one of the things it does do well is to hold individual government departments to account. If you take the combination of a departmental report and the International Trade Committee in the other place, we have the mechanisms to achieve the very noble intents lying behind this amendment.

Trade Bill

Viscount Waverley Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Tuesday 2nd February 2021 Lords Chamber

Genocide is the crime above all crimes. I urge our Parliament to vote for this amendment to change the ecology of law by bringing into our own institutions of law and Parliament a way in which to make genocide have serious meaning in our contemporary world.

[Viscount Waverley (CB)]

My Lords, these matters must not be allowed to die this evening and, I hope, will allow for variations that the Government will introduce in a concession amendment. It is my sincere wish that the noble Lord, Lord Grimstone, in his response factors that in as a possibility.

Before I turn to the genocide amendment, the noble Lord, Lord Forsyth, said that he does not support the amendment of the noble Lord, Lord Collins, because it complements the Alton amendment. Coming to the defence of the noble Lord, Lord Collins, my understanding is that his amendment is not a substitute but underlines the position that, when evidence on human rights does not pass the high bar of the definition of genocide, his amendment serves as a safety net.

I address my remarks on genocide globally—I am not being country specific—and support unequivocally the remarks of the noble Lord, Lord Collins. He and the noble Lord, Lord Alton, strike a chord of British values and stand for what the United Kingdom is recognised for around the world—decency. The genocide amendment strikes at the heart of our constitutional process, however, and magnifies the call for Parliament to make more meaningful contributions to foreign policy objectives. The motives of the noble Lord, Lord Alton, are undeniably valid but the harsh realities and complexities of our constitutional and legal systems mean that compromise must necessarily be found.

The detail can be endlessly discussed. However, the key principles and norms held by the High Court, the United Kingdom Parliament and the international judicial processes somehow need to be reconciled and merged, rather than remain in potential conflict in future deliberations. This is a quandary, with the devil being in the detail and definitions. I am taken by the suggestion that a Select Committee be chaired, or at least advised, by a former judge.

An endgame that ticks the boxes of being nimble and well-informed, but not disruptive of judicial domestic or international processes, is highly desirable—where the United Kingdom is deemed in lockstep so as not to trespass on constitutional territory or infringe on the royal prerogative. However, democratic oversight should be contained within this mix to instil our values; that is what I am looking for today. That will ensure democratic oversight in a manner that addresses the heart of the points made both by the noble Lord, Lord Alton, and by Mr Tugendhat from another place —whom I had the privilege to listen to while he made his remarks—and, ideally, the Government, mindful that the UK, or any other country, is not in a position to solve issues before us in isolation.

I understand that the Government are—or at least were—minded to bring forward a concession amendment, which would certainly be my preference, but for technical reasons, as we have heard already this evening, it is not before us at this time. That in itself is sufficient to send this process back to the other place, to allow that possibility to occur. I urge all noble Lords to support the noble Lords, Lord Alton and Lord Collins of Highbury, to hopefully then allow a concession to be included for consideration.

[Baroness Altmann (Con)]

My Lords, I speak in support of Amendment C1, in the name of the noble Lord, Lord Alton, and the very similar Amendments C2 and C3, in the names of my noble friends Lord Forsyth and Lord Cormack. I echo the tributes paid to the noble Lord, Lord Alton, for his dedicated work on this issue and his powerful and moving speech.

As the child of two parents who fled the Holocaust, and most of whose family was wiped out by the Nazi regime, I feel duty-bound to do my best to ensure that the repeated promises of “never again” are more than mere words. Just a few days after Holocaust Memorial Day, there are lessons that we should have learned from the genocides of the 20th century, but too often we turn a blind eye, as this is so much easier.

I recognise my noble friend the Minister’s words, that our courts can find individuals guilty of genocide, but this will not cover Governments which engage in such behaviour. It is all too easy to appease and to look for ways to avoid confrontation. Of course, there is a place for diplomacy, but if there are no consequences, in trade and other areas, for a country whose Government engage in such behaviour, then they can continue with impunity. Such impunity will lead to further crimes against humanity.

We are living in an increasingly authoritarian world, as powerful countries are crushing domestic dissent and those who oppose the ruling power. The lessons of World War II are being forgotten, but they must not be. I mention just one of the horrific concentration camps, Ravensbrück, which began as a labour camp that was, uniquely, exclusively for women opponents of Nazism in the 1930s. It ended up as a forced labour camp producing goods for powerful German companies and then also as a camp for the industrialised death of innocent victims.

There are clearly parallels today in Xinjiang, where what is happening to Uighur Muslims should provide a reason for our Government to support an opportunity to ask our courts to investigate this. As others have said, clearly China would just veto an ICC inquiry. This cannot just be left to the Executive. There is no excuse for inaction in the face of such evil in the 21st century. I echo the words of Chief Rabbi Mirvis that we must not be silent, and I believe that these amendments also uphold the Government’s stated aim of putting victims first. The Government now have the chance to do so.

As it prioritises trade, this amendment has a specific focus. It aims to ensure that in the tiny number of cases—thankfully, today—where our trading partner or prospective partner is committing genocide and this determination is made by our courts, the Government will have the reason, and the power, not to continue to negotiate or co-operate on trade. No matter how important trade and economic prosperity are to us in the short term, it cannot be worth being complicit in genocide and, in the long run, it will damage us all. This country increasingly favours ethical trade and, as other nobles have said, this is a matter of morality and values. Trade cannot be prioritised over genocide.

A parliamentary Select Committee is not enough on its own; it would still need to have the power to refer this to a court. The noble and learned Lord, Lord Hope, has confirmed that there are no practical difficulties in courts evaluating evidence of genocide. This has been echoed by the powerful words of so many other noble Lords, including the noble Baroness, Lady Kennedy, the noble Lord, Lord Carlile, my noble and learned friend Lord Mackay, Supreme Court judges and former Attorney-Generals. They are all united in the view that this issue can and should be determined by the courts. My right honourable friend the Prime Minister himself has said that

“genocide is a strict legal term, and we hesitate to deploy it without a proper judicial decision.”—[Official Report, Commons, 21/11/17; col. 839.]

Precisely, my Lords, which is why it is important for us to support Amendment C1.

The concession made by the Government this afternoon—I have huge sympathy for my noble friend the Minister in the position in which he finds himself today—does not provide for a court ruling on this issue and would therefore not trigger the UK’s obligations under Article 2 of the 1948 genocide convention. I believe this country has never recognised genocide while it was taking place. This amendment would take the pressure away from politicians and place it with the courts, of which we are rightly so proud; they are world-leading authorities in legal matters.

These are complex problems, but I urge noble Lords to support this amendment and remember that, as Edmund Burke said, all it takes for evil to triumph is for good people to be silent.