Agriculture Bill
Debate between Lord Wallace of Tankerness and Lord AdonisThursday 23rd July 2020
(3 years, 10 months ago)
Lords ChamberRead Full debate Agriculture Act 2020 View all Agriculture Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 112-VII Seventh marshalled list for Committee - (23 Jul 2020)
Lord Wallace of Tankerness [V]
My Lords, I am pleased to follow the noble Lord, Lord Blunkett, and I can assure him that my wife would be delighted if there were some means of restoring dialogue to “The Archers”. I want to speak briefly in support of Amendment 212, tabled in the names of the noble Lords, Lord Hain and Lord Wigley. Clause 33 is a welcome step forward in making provision for a scheme which will address the long-running issue of a levy on livestock produced in one part of the UK but slaughtered in another being retained in that other part of the UK. This has long appeared to me to be unfair and has been the source of some contention, so the Government are to be commended for their initiative in this clause.
I support the amendment because it puts further flesh on the scheme to be devised by providing for the levy to be repatriated to the devolved Administration of origin, thus making it clearer what a key objective of that scheme should be. Quality Meat Scotland estimates that over £1.5 million of levy on Scottish animals is lost each year due to the fact that some cattle, sheep and pigs produced in Scotland are slaughtered elsewhere in the UK. I rather suspect that little goes in the opposite direction. If such a sum were repatriated, it could be applied to the promotion of quality Scottish beef, lamb and pig products. I therefore support the amendment and I hope that it commends itself to the Minister.
Private International Law (Implementation of Agreements) Bill [HL]
Debate between Lord Wallace of Tankerness and Lord AdonisWednesday 13th May 2020
(4 years ago)
Lords ChamberRead Full debate Private International Law (Implementation of Agreements) Act 2020 View all Private International Law (Implementation of Agreements) Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 101-I Marshalled list for Virtual Committee - (7 May 2020)
Lord Wallace of Tankerness (LD)
My Lords, I will make two preliminary points. The first echoes what has been said in many of our proceedings so far this afternoon. Perhaps not surprisingly, as a member of the Constitution Committee, I do not think that Clause 2 should be in the Bill, for all the reasons already outlined both in committee reports and by a number of your Lordships in debates on earlier groups. I have not yet been persuaded or heard any argument to the contrary, so my primary position is that Clause 2 should not be there.
The second point is that, where these amendments relate to jurisdictions within the United Kingdom, it is a question not of whether it should be done but of how. In his response to the first group of amendments, the noble and learned Lord, Lord Keen, gave some good reasons why, as a matter of public policy, there should be certainty in the arrangements, for argument’s sake, for enforcing a Scottish court’s order in England, as there would be for enforcing an English court’s orders in France. Therefore, it is a question not of whether there is merit in having some kind of intra-UK arrangements but rather of how it should be done.
During Second Reading I reflected briefly on this and referred to the briefing from the Bar Council. It is perhaps worth going back to it and reminding ourselves what it said in relation to the provisions in Schedule 6:
“The question, however, whether to apply an international convention’s rules between parts of the United Kingdom is often a very difficult one. Where it is to be applied, extensive amendments to that convention are often appropriate, (an example being the provisions in the Civil Jurisdiction and Judgments Act 1982, which apply a substantially modified form of the European Union rules to intra-United Kingdom cases). The Bar Council is concerned that schedule 6 does not provide sufficient safeguards in this respect and considers that it should be amended to provide the requisite clarification.”
I endorse that. It is not a question about whether it should be done. We have heard that, for example, in the Civil Jurisdiction and Judgments Act 1982 there were requirements to amend or change the rules for intra-UK cases.
It is also important to note that we are giving powers to the national authorities—not just the United Kingdom Parliament but to Scottish Ministers and Northern Ireland Assembly Ministers. As far as I can see—I stand to be corrected if I have not noticed something —these regulations would be brought in without any consultation between the different Administrations. There is no doubt that private international law is a devolved matter as far as the Scottish Parliament is concerned, but negotiating international treaties does not affect the sovereignty of the United Kingdom, and it seems to make some sense that there should be some negotiation, or at least consultation and discussion among the constituent parts of the United Kingdom, before regulations are brought forward. As far as I can see, neither Clause 2(2) nor Schedule 6 makes any provision for that.
My position is that it is not a question about whether it is right and proper that there should be intra-UK arrangements but rather that what is proposed in the Bill does not provide adequate safeguards about how that should be done.