Iran Nuclear Deal

Debate between Viscount Younger of Leckie and Lord Hannay of Chiswick

Wednesday 8th May 2019 Lords Chamber

[Lord Hannay of Chiswick (CB)]

My Lords—

[Viscount Younger of Leckie (Con)]

My Lords, I regret that the time for Back-Bench questions is up.

Trade Bill

Debate between Viscount Younger of Leckie and Lord Hannay of Chiswick

Committee: 3rd sitting (Hansard): House of Lords
Wednesday 30th January 2019 Lords Chamber

[Viscount Younger of Leckie (Con)]

My Lords, forgive me for stretching the definition of repetition, but before I address the amendments in detail I would like to underline the fact that the Bill concerns continuity for our existing EU free trade agreements as we leave the European Union. I mention that without wishing to revisit the emphasis that we placed on the word “continuity” on Monday last week. Scrutiny of new free trade agreements is not part of the Bill, nor is scrutiny of our future relationship with the EU.

[Lord Hannay of Chiswick]

I really plead with the noble Viscount not to say that again. We all know that if, through inadvertence or incompetence, the Government take us over the cliff on 29 March, this Bill—by then, presumably, an Act—will be the only instrument we have to guide our trade policy. Therefore, will he please stop saying that it is only about continuity and admit, as his noble friend Lady Fairhead did when replying to an earlier amendment, that it is meant to be capable of providing for both eventualities? Will it provide not only for the eventuality in which it is a continuity measure that lasts for the transitional period—what is sometimes laughingly called the implementation phase, in which nothing is implemented—but for circumstances in which we have to operate an independent trade policy on 30 March 2019?

[Viscount Younger of Leckie]

I had only just started, and I stand by my words, because I was about to go on to say that, none the less, I understand the desire of noble Lords, including the noble Lord, Lord Hannay, to debate these issues today—and that is what we have just done. I also appreciate the desire to understand how the Government intend to fulfil our commitments to transparency on and scrutiny of future FTAs as we exit the EU.

The amendments on future FTAs pursue many aims, which the Government understand. To be helpful to the House, during my remarks I will give as much information as I can on progress and process on FTAs. I will also answer the question raised earlier by the noble Lord, Lord Hannay—but not just yet—and will agree with the remarks made by my noble friend Lady Fairhead.

Amendments 33 and 99, which the noble Lord, Lord Stevenson, spoke to, seek to ensure that Parliament has a significant role in free trade agreements via the creation of a new Joint Committee. Amendments 71 to 74, which the noble Lord, Lord Purvis, spoke to, seek to achieve similar outcomes through imposing obligations on the Government in relation to mandate-setting, transparency and scrutiny before signature. I will address those amendments together.

First, I shall give a little context. Brexit does not change the fundamental constitutional principles that underpin the negotiation of international treaties. The making of treaties, including international trade agreements, is a function of the Executive. At the same time, it has long been held—and this Government continue to hold—that Parliament should have the opportunity to scrutinise treaties effectively. In 2010, the Constitutional Reform and Governance Act confirmed, after a process of consultation, the respective roles of the Government and Parliament in treaty-making. The Government will continue to support and facilitate parliamentary scrutiny of treaties under CRaG.

The noble Lord, Lord Purvis, asked about the Israeli trade agreement. There is agreement in principle on an FTA, but subject to—

--- Later in debate ---

[Viscount Younger of Leckie]

I am listening to the noble Lord. I do not know the details of that negotiation, but I will take that back and reflect on it. There may have been some very good reasons why the information was not forthcoming, but I will reflect on that and write to the noble Lord with some information.

[Lord Hannay of Chiswick]

I am very grateful to the noble Viscount for some of the remarks he made about what the Government are likely to do before Report in tabling their own amendments on the negotiating process. That was helpful and it will be good to look forward to that. However, in everything he said, I am afraid I detect an unwillingness to give Parliament a role at a time when it would really help. Everything he said involves decorating the final stage—the approval of an agreement already negotiated—with all sorts of wonderful bells and whistles. We all know that then you have only the nuclear option. You have concluded the negotiations and, if Parliament objects, you cannot amend the text that has been negotiated with the third country. If it objects, it can reject the agreement and that will be very damaging for the national interest and the relationship with that country.

I listened very carefully to the noble Viscount. At one stage, he claimed that the Government would negotiate on trade as the Executive and under their right to do so. That is just the problem. The word “mandate” did not come into a single thing he said. All I can say—politely, I hope—is that when the Government table their amendments, the word “mandate” had better be there. If it is not, I think they will get badly stuck. It is not magic. The mandates under which the European Union negotiates are quite general; they are not specific about this or that tariff, but they are very helpful in setting the parameters under which the negotiations are conducted. I believe the Government would benefit from that, so please think a little about the word “mandate”.

[Viscount Younger of Leckie]

Again, I listen carefully to what the noble Lord says. The best way to answer him is to say that I will indeed feed back his views. They are somewhat negative—somewhat too negative, I would argue. I have spent a lot of time spelling out the details of processes and procedures, as far as I can. Before I give way to the noble Viscount, I also mention that the noble Lord, Lord Hannay, said that we were going to table amendments on Report. I want to make it absolutely clear that I have pledged to come forward with proposals before Report. I give way to the noble Viscount.