(1 year, 1 month ago)
Lords ChamberI think I have already alluded to a number of points of help because, first of all, the reducing parental conflict programme sits within my department. We have the Supporting Families programme, which is moving into the DfE quite shortly, and we have the family hubs. On the noble and learned Baroness’s question, we are working across government on family-focused policies, and it is very important that we continue to do that to provide cohesive answers to these very challenging matters.
My Lords, will my noble friend pay tribute to the work of volunteers who man child contact centres, which permit access to warring parents often in a very tense situation? They do a fantastic job. Will he ensure, through the MoJ, that they are properly funded, whether they are in the public or the private sector?
Yes. My noble friend makes a very good point about those who are outside the main programmes but set aside their own time to help, often with some extremely challenging matters. That is often within families themselves. The role of grandparents was mentioned. If there are some issues regarding the parents, the grandparents often have a most important role to step in and help in linking in with those who are skilled and trained in these matters.
(1 year, 3 months ago)
Lords ChamberThere were a number of questions there from the noble Baroness. We know that it is tough for households and businesses across the UK at the moment and are doing whatever we can to support them with the cost of living. The noble Baroness will know that £94 billion is earmarked for giving out. On her question about supporting families who cannot afford the rising cost of infant formula, she will know that in cases of difficulty all local authorities should have an emergency formula provision pathway in place. Families can access this by talking to their health visitor or midwife, who can signpost them to local support. For women who cannot or choose not to breastfeed, Healthy Start provides support towards the cost of first-stage infant formula.
My Lords, I congratulate the Government on organising the Farm to Fork summit but echo the sentiments of the noble Baroness who asked the Question. Does my noble friend share my concern that farmers are not receiving these increasing costs, which they are covering, of energy prices and food production, added to the shortage of staff? Will the Government use every opportunity to investigate the rising profits that the supermarkets are recording?
I take note of my noble friend’s point on the Farm to Fork food summit, which allowed the sector to get together, discuss the future, provide further innovative methods on food supply and discuss the current situation. Supermarkets’ profit margins are actually surprisingly low; I have some figures that I can pass on.
Certainly the tragedies of teenage suicides affect the whole of the UK. The new intergovernment review structure is set up to allow closer co-operation and in-depth discussions between the devolved Governments on strategies to tackle matters such as this very important point that the noble Lord has raised. Engagement going forward into 2022 can be at three levels: portfolio engagement at official level; interministerial standing committee level; and, of course, higher up at the heads of devolved Government council level.
My Lords, given the recent new customs regulations that came into force for goods moving from the UK to the EU on 1 January, can my noble friend give the House an update on recent developments on framework agreements between the four nations of the UK?
This allows me, from the Dispatch Box, to congratulate the noble Baroness on her new appointment. I hope to answer some of her questions on our engagement with the devolved Administrations. I also reassure her that the devolved Administrations received a draft copy of the AIP document 24 hours in advance of publication, and received a final AIP document and explainer in advance of publication on the evening of 20 October. I further reassure the noble Baroness and the House that, as with other free trade agreements, we have been regularly consulting with the devolved Administrations through chief negotiator briefings and the senior officials’ group—which is not naming names, but naming “nearly” names. I hope that helps. The point is that through this process we have understood the devolved Administrations’ priorities in the specific negotiations and have shared texts related to areas of devolved competence.
I will briefly quote my right honourable friend the Secretary of State, who said in the other place during her Statement that conversations took place with Ministers in the devolved Administrations on 20 October
“to really get a sense of, and to encourage, the exciting opportunities that now exist with the agreement in principle.”—[Official Report, Commons, 21/10/21; col. 937.]
As we move from the AIP to signature, there will be refinement to ensure that the concerns and issues specific to the devolved nations are resolved in the final deal.
My Lords, my noble friend is aware that hill farming and sheep production are the backbone of the rural economy in the north of England and other parts of the United Kingdom. I read with great interest in the explainer published by the Government on their website on 20 October that the chapter on animal welfare
“will set out how New Zealand and the UK will uphold their respective animal welfare standards”.
And so it goes on. Will that be complete before the agreement is laid before Parliament, so that we are able to scrutinise it? Will my noble friend commit to maintaining the Government’s manifesto promise to maintain our high standards of animal welfare and not be undercut by imports?
I pay tribute to the then Agriculture Secretary, Elizabeth Truss, who set up the first ever agricultural attaché in China, which brought enormous benefits—to the tune of a 21% increase in the export of pig parts that are not appreciated by the British public. We have now lost that trade. I understand that New Zealand has a wide network of export support that is, in part, supported by its own Government. How wide is our support to help our farmers boost their farm exports to New Zealand?
On undercutting, I reassure my noble friend that British farmers should not be concerned. I acknowledge that price is an important factor in consumer choice, but it is not just about price, as buying local is also a significant determinant. There are strong buy-British trends in the UK, and support for British farmers. Some 81% of retail sales of beef in the UK are under the British logo, with Aldi, Budgens, Co-op, Lidl, M&S and Waitrose all using 100% British beef. There should be some reassurance on that front and from bearing in mind the amounts that are likely to come from New Zealand compared to the EU, say.
I cannot give any guarantee on timings but I take my noble friend’s point. I will just finish with the reassurance that maintaining our high standards of animal welfare is a red line in all our trade negotiations. We will not compromise on our high environmental protection, animal welfare or food standards, including in any deal that we agree with New Zealand.
I do not have any information to hand as to what meetings took place at the point when the protocol was being negotiated. However, I can tell the noble Baroness that the Secretary of State met the Jewish community last week and impressed upon it that the Government were urgently seeking solutions to the flow of important goods for that group.
Although I welcome the extension for chilled meats between GB and Northern Ireland, we are just kicking the can down the road. Will my noble friend give a commitment that we will negotiate an SPS agreement, such as has been agreed between New Zealand and the EU? Will he further give the House a commitment today that there is no threat to the availability of kosher or other such foods from the protocol or any other legislation currently before the House, such as the Animal Welfare (Sentience) Bill?
My noble friend’s question takes us slightly beyond the immediate subject. However, on supplies to supermarkets, which I think is the gist of her question, a lot of work has gone on to ensure that supplies continue to fill their shelves in Northern Ireland. We announced in March that arrangements for supermarkets and their suppliers who are trusted traders supplying food will continue until October, meaning that they do not need to complete health certificate paperwork. But as they have made clear to us, notwithstanding the considerable government investment to support these efforts, there are still some real challenges to sort out.
(3 years, 8 months ago)
Lords ChamberMy Lords, I turn to Amendments 2 and 3, tabled by my noble friend Lady McIntosh of Pickering, which seek to restrict the Clause 2 power so that it can only be used to implement agreements which are “wholly or substantially similar” to previous EU agreements. I can assure noble Lords that all the continuity agreements that we have signed to date have stayed true to our mandate of replicating the predecessor EU agreements, and that will not change for those that we are yet to conclude.
As noble Lords know, we have voluntarily published parliamentary reports for your Lordships’ reference alongside every continuity agreement, which outline any differences required to make the agreements operable in a UK context. As those reports show, none of our continuity agreements have diverged significantly from previous EU agreements. None of the debates in which these agreements have been discussed has resulted in a negative resolution. During the passage of this Bill, we have heard suggestions that the Government are delivering agreements which go above and beyond continuity, and that a more extensive scrutiny process is therefore required for them. The evidence is clear that this is not the case. We are seeking only technical changes to make agreements function in a UK-specific context, meaning that the current scrutiny measures are fit for purpose. I know that noble Lords will point to the recent UK-Japan CEPA. It is correct that that agreement goes further than the EU-Japan EPA in areas including digital trade. However, as your Lordships are aware, as the Government knew that this agreement would go beyond continuity, we provided enhanced parliamentary scrutiny of it.
Setting the UK-Japan CEPA to one side, your Lordships will appreciate that technical changes are required in some areas to allow agreements to work in a UK bilateral context. In these circumstances, the Clause 2 power could be used to make technical changes to UK domestic law to ensure the obligations under the agreement are met. The power in Clause 2 is therefore essential to allow us to implement in domestic law the obligations that arise from continuity agreements. The substantially similar wording is unfortunately ambiguous and could lead to uncertainty as to whether a trade agreement could be implemented via the Clause 2 power. The effect of this could be a possible disruption to concluding and implementing continuity trade agreements, potentially resulting in a gap in preferential trading relationships after the end of the transition period.
To paraphrase what the noble Lord, Lord Purvis, and my noble friend Lady McIntosh, said, they asked: “Why not put this on the face of the Bill, and if the power is not needed to transition trade continuity agreements, why do we need it at all?” As stated in the impact assessment and Explanatory Notes, the Trade Bill is not needed to transition trade continuity agreements themselves. However, the power will provide the implementing powers necessary to fully implement trade continuity agreements over time and in all circumstances. The Clause 2 power is intended to be used only to ensure that a limited number of obligations in these trade continuity agreements, particularly in relation to procurement and mutual recognition, are fully implemented in domestic law via secondary legislation.
I hope that with those explanations, my noble friend Lady McIntosh is reassured that our use of this power will be limited to continuity agreements that faithfully replicate predecessor EU agreements. As a result, I ask my noble friend to withdraw her amendment.
I am most grateful to my noble friend Lord Younger of Leckie. With the reassurance he has given me that any agreement will be a continuity agreement and will “faithfully replicate” its predecessor, and with the further reassurance—which I would like to write into the record if I have understood it correctly—that if any future continuity agreement, such as the Japan CEPA agreement, will go further, there will be “enhanced parliamentary scrutiny”, I beg leave to withdraw my amendment.
I am so sorry. I am seeking clarification as to whether it is the Government’s intention to withdraw Amendment 36 this evening.
Perhaps I can help my noble friend. The Minister is happy with what he has said, and I urge my noble friend to draw her remarks to a close.
(3 years, 10 months ago)
Lords ChamberMy Lords, I will deal with Amendments 85A and 89A, in the name of my noble friend Lady McIntosh of Pickering, together, as they are closely related. My noble friend has written half my speech, because it echoes her remarks. Both amendments concern legal professional privilege, which, as noble Lords know, is a long-standing principle that protects the confidentiality of communications between lawyers and their lay clients, and vice versa. It enables lawyers to consult and advise their clients, without clients fearing that information will have to be disclosed later.
As a matter of general interest, any person who wishes to consult a lawyer must be free to do so under conditions which ensure uninhibited discussion. I do not believe it has been mentioned in this debate that this principle is recognised and protected under Article 8 of the European Convention on Human Rights. I can therefore provide an absolute assurance to the Committee that the Government have no intention, either now or in the future, of using these powers to seek or share information that is protected by legal professional privilege.
For Clause 7, the information being requested from exporters will be provided voluntarily. This has already been said by me and other noble Lords. That the information is being provided voluntarily is, perhaps, an indication of the Government’s position on minimising burdens and, therefore, not requiring privileged information to be disclosed.
As part of this short debate, it is crucial to make this point: Clause 8 allows for the sharing of data that is already held by HMRC for its administrative functions. Such information cannot, therefore, be subject to legal professional privilege, as it has already been provided to HMRC. However, I understand your Lordships’ concerns about data sharing, and I reassure the Committee about the safeguards we have put in place around the collection, handling and processing of information collected under this clause. In response to the winding-up speech of my noble friend Lady Noakes, who raised concerns despite my remarks, I take this opportunity to confirm that I will write to her and all noble Lords, and put a copy in the Library of both Houses, concerning those reassurances.
The data-sharing powers in this clause are permissive, so all instances of data sharing must be approved by HMRC. Criminal penalties for any unauthorised sharing of data will apply under the existing Commissioners for Revenue and Customs Act 2005. Nothing in the clause permits the disclosure of information that is not otherwise permitted in data protection law, including the Data Protection Act 2018 and the Investigatory Powers Act 2016. A lot of this was said in the remarks on the previous amendment. I hope that this provides the reassurance that my noble friend Lady McIntosh seeks on this point, and that she will withdraw her amendment.
My Lords, I am grateful to those who have contributed and for the support expressed by the noble Baroness, Lady Bowles, and the noble Lord, Lord Bassam. I am slightly concerned by the response of my noble friend Lord Younger. I understand that Conservatives support, and have enshrined in this and other legislation, the European Convention on Human Rights, but it begs the question of what would happen if a future Government were to resile, so they were no longer a signatory to it. This is not beyond the realms of possibility as we leave the European Union. I realise that the Council of Europe is a separate organisation, but it begs the question.
As my noble friend Lord Younger so clearly said in summing up, legal professional privilege exists so that information can be communicated between lawyer and client. I am sure he recognises that many UK statutes already give express protection of legal professional privilege and that it is protected vigorously by the courts. The noble Lord, Lord Bassam, was absolutely right that this is a probing amendment, but my concern is only that, if we do not insert something like this, my noble friend and the Government may face future court cases, in the event of a breach of legal professional privilege. Having expressed these concerns, I beg leave to withdraw the amendment at this stage.
(3 years, 10 months ago)
Lords ChamberThe noble Lord makes a very good point and I hope that he will not take this as being unempathetic; I am just making a point that focuses particularly on Brexit and the transition period. Putting aside the obvious huge problems that businesses are facing at the moment, there has been more than enough time—four years—for businesses to prepare. We have done our best to support them during this period.
My Lords, I think my noble friend was doing quite well until that last remark. Saying “four years to prepare” when we have not even heard what the situation will be on the Northern Ireland border is not quite the approach I would have hoped for. My noble friend did not answer the question about the number of available vets. This is a source of great anxiety to many, particularly those with livestock as well as products crossing the border. I hope that my noble friend will be able to put my mind at rest on that at some point.
I agree entirely with what my noble friends Lady Noakes and Lady Neville-Rolfe said with regard to home-produced substitutions. To a certain extent, that should already be happening given that those involved in home-produced food have come into their own during Covid; other priorities are maintaining our existing markets and opening up third-country markets for trade in poultry, other meat and breeding stock.
I agree with the noble Lord, Lord Fox, who said that it is all very well to embrace change, but businesses need to know what that change is before they can do so. Certainly, all the evidence that we have heard as recently as this September, along with a letter that we have followed up with a different department, Defra, as regards the rules for the checks and controls on the borders, make it incumbent on us to get information out as best we can.
I am grateful for the opportunity to debate these issues. I have listened to what my noble friend Lord Lansley said. I just hope that we do not get to the situation that we can see in Luxembourg, which has almost more free zones than it has territory. If my memory is correct, Luxembourg has a very large number of free ports in comparison with the size of that state. However, I find it difficult to share in the enthusiasm of realising our destiny until such time as I am 100% sure of what our destiny will be. With those remarks, I beg leave to withdraw the amendment at this stage.
(3 years, 10 months ago)
Grand CommitteeI am grateful to my noble friend Lord Younger for explaining in some detail the negotiating mandate we have agreed with the US. Could he confirm that this extends to animal welfare, as well as environmental protection standards, which is the subject of Amendment 69?
I was a little confused when my noble friend Lady Noakes talked about tomatoes. I had not talked about tomatoes, but there we are. The Minister referred to “unintended consequences”, which I am loath to envisage, and specifically to tea, cocoa and bananas. I understand that they are largely covered by fair trade provisions for marketing in the UK. Is that indeed the case?
I thank my noble friend for that. I am not sure that I can be drawn to talk about tomatoes. The best thing I could do, particularly for the points on the US, is to write to her with a full answer on animal welfare, which I could attempt, but also on tea, cocoa, bananas and the fair trade question.
It is praise indeed that the noble Lord, Lord Kerr, has said that the document is admirable and I am pleased to have been able to listen to that very carefully. I take note of what the noble Lord says about the US and our prospects, but I do not agree. If we take, for instance, SMEs as one particular issue, there are 5.9 million small businesses, but relatively few export to the US. This new deal will provide a tremendous opportunity for SMEs to do business in the US. From the analysis we have done—the noble Lord will have probably read the document—we believe we have more to gain in the UK in terms of business with the US than the US has in return. I think it is exciting and I am not at all dismissing the point made by my noble friend Lord Howell and the noble Lord, Lord Kerr, about the importance of the Far East. The point is that, as we have left the EU, and as we go through this transition period, the opportunities are absolutely tremendous in terms of what we can do in global deals generally, but it makes sense for us to start with the US.
My Lords, will my noble friend remind me: was is not the United States that imposed a tariff of 25% on exports of Scotch whisky to the United States from Great Britain? Will my noble friend ensure that the Government make it a commitment of these negotiations that that tariff will be removed? Can I pin him down on the wording used in both Houses? He said that the Government will not lower our standards of environmental and animal welfare. Will he commit to prohibiting imports of any product of animal origin from the United States that does not meet the same standards of production in this country?
I will first take up my noble friend’s question about Scotch whisky. Yes, it is true that there is this 25% tariff on Scotch whisky, but my understanding is that that is linked to an unfortunate state aid issue linked to Airbus. This is unfortunate and disappointing. My noble friend will know that we are looking to work through those issues. We very much hope, wish and expect that the tariffs on Scotch whisky will come down. My noble friend makes a very good point—I know that she has raised the issue of environmental standards on several occasions. Once again, we will not lower our standards as we negotiate new trade deals.