National Security and Investment Bill

Baroness Bennett of Manor Castle Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Thursday 4th February 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I join other noble Lords in congratulating the noble Lord, Lord Woodley, on his arrival in the House. He commented powerfully on the failure of privatisation. They are remarks I welcome and to which I will circle back.

Two Greens are speaking in this Second Reading. My noble friend Lady Jones of Moulsecoomb will talk about the national security aspect of the Bill and I will speak on the investment part. My noble friend will focus on the major, long-identified threats of the climate emergency and the nature crisis, with its many linked dangers, including that of pandemics. On those and other issues, as the noble Baroness, Lady Northover, noted, it is nonsensical that we are debating this Bill while still awaiting the integrated review. I want to focus mainly on the investment part of the title and on another element of national security—poverty, inequality and how the finance curse contributes to them.

There is increasing academic focus on the importance of giving macroprudential regimes a sense of social purpose, including in respect of national security. Excellent work is being conducted at the University of Sheffield, particularly by its Sheffield Political Economy Research Institute, known as SPERI. We have an oversized, overactive, extractive financial sector. A SPERI report conservatively put the cost of the finance curse between 1995 and 2015 at £4,500 billion. That has to be seen as a threat to our national security. Money that could be strengthening our society is lost, as is control over a commodity as essential to a modern society as water or air. The finance curse is built on a sector that, as we learned in 2008, is as fragile and dangerous as an oversized dictator’s statue teetering on an inadequate, narrow pillar.

The other security threat lies in the extractive processes. There are huge and widely acknowledged issues of corporate culture and priorities, as well as regulatory loopholes and blind spots which allow financial funds and senior corporate management to loot companies and hollow out balance sheets. As a society and as a Parliament, we have lost control.

This issue arises particularly in the context of this Bill, where we are talking about investment by foreign companies in foreign states. We might hope that some pressure could be put on domestic companies to act in socially responsible ways by directing at least some of their funds to things we need to keep society running. They have, after all, to exist in this country, even if they seldom keep their profits here. The same constraints do not apply to foreign investors. While we know that a huge percentage of profits from even UK investment ends up in offshore tax havens, we can be sure that those profits will not help us where there are foreign owners.

I want to focus briefly on the nature of a curse—be it finance or resource. We look around the world at nations often identified as suffering from resource curse, such as the Democratic Republic of the Congo, Venezuela, Iraq and South Sudan. They have huge problems of national—and internal—security. Oil is sucked out of their rocks. Our society is milked for cash. Meta-analyses of the resource curse show there is nothing inevitable about this. The quality of governance, the rule of law and the functioning of democracy are crucial to prevent it. Which is where we come back to this law—and the comments of the noble Lord, Lord Woodley.

In the UK, through continuing decades of privatisation, we have sold off the family silver. We are now down to the rather small teaspoons. When, in 2016, the people showed that they wanted to “take back control”, that reality was hidden, but the Government no longer have flamboyantly presented fictions about Brussels to hide behind. When they champion “Singapore-upon-Thames”, they will be held responsible for the consequences. Noble Lords working on this Bill, but particularly the Government, might want to focus on that.

[The Deputy Speaker (Lord Alderdice) (LD)]

The noble Lord, Lord Clark of Windermere, has withdrawn, so I call the noble Baroness, Lady Ritchie of Downpatrick.

Agreement on Climate Change, Trade and Sustainability

Baroness Bennett of Manor Castle Excerpts

Monday 11th January 2021 Lords Chamber

Asked by

[Baroness Bennett of Manor Castle]

To ask Her Majesty’s Government what plans they have to support the initiative for an Agreement on Climate Change, Trade and Sustainability.

[The Minister of State, Department for Business, Energy and Industrial Strategy and Department for International Trade (Lord Grimstone of Boscobel) (Con)]

My Lords, sustainable trade is a priority for the UK as an independent trading nation. We have already liberated more than 100 environmental goods in the UK global tariff and co-sponsored the new plurilateral structured discussions on trade and environmental sustainability in the WTO. We are considering further policy options, including the three policy areas which comprise the Agreement on Climate Change, Trade and Sustainability: environmental goods and services liberalisation, eco labelling, and fossil fuel subsidies.

[Baroness Bennett of Manor Castle (GP) [V]]

I thank the Minister for his Answer. I understand that he will not be able to comment on the outcome, but can he assure me that the UK will seek to have those three measures—ending barriers to trade in environmental goods and services, ending fossil fuel subsidies, and a global eco-labelling scheme—in all future trade deals? Will the UK use its seat on the WTO to get them built into the WTO rules?

[Lord Grimstone of Boscobel (Con)]

My Lords, I am happy to confirm to the noble Baroness that that is the case. We consider these subjects to be very important and we always seek to cover them in our negotiations on future free trade agreements.

Trade Bill

Baroness Bennett of Manor Castle Excerpts

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Wednesday 6th January 2021 Lords Chamber

[Lord Cormack (Con) [V]]

My Lords, it is a pleasure to follow my noble friend Lady Altmann. I join her in congratulating the noble Lord, Lord Hain, on the ingenuity of his important Amendment 26. As he and others have recognised, Amendments 17 and 18 have, to a large degree, been overtaken by events, but I believe that something along the lines of Amendment 26 must be incorporated in the Bill to give reassurance in Northern Ireland. I would go so far as to say that the success of the deal concluded on Christmas Eve, which I welcome, hinges to a large degree upon Northern Ireland.

In his very moving words, the noble and right reverend Lord, Lord Eames, indicated that the fact that the border between the Republic and Northern Ireland is also the border between the United Kingdom and the European Union is a matter of great significance. He also pointed out the sensitivities in Northern Ireland, sensitivities of which I became acutely aware during my five years as chairman of the Northern Ireland Affairs Committee in another place and which, for me, were seen at their most acute and most moving at a meeting I had the privilege to address in Crossmaglen village hall in 2009, following the brutal and sadistic murder of Paul Quinn.

Northern Ireland is a precious part of the United Kingdom. The Belfast agreement must not be put at risk. Free passage across that border, with its 300 points of crossing, must remain and anything that can give reassurance where, at the moment, there is uncertainty, as the noble and right reverend  Lord, Lord Eames, so graphically outlined, must be to the betterment of our relations not only within the United Kingdom—which I pray remains the United Kingdom—but between the United Kingdom and the European Union. Anything that can give such reassurance must, surely, add strength and purpose to the Bill.

I am not going to attempt to rehearse the arguments of the noble Lord, Lord Hain. He put them succinctly and graphically and I believe they should command the support of your Lordships’ House. I therefore have pleasure in supporting these amendments, particularly Amendment 26, and I beg my noble friend on the Front Bench to give a reply that means that the noble Lord, Lord Hain, does not need to divide the House. We should not be divided on an issue that, above all, should unite us—the future of the Belfast agreement. If this amendment cannot be accepted for some technical reason, then I beg the Minister to undertake to introduce an amendment at Third Reading that will encapsulate the fundamental points of this one and underline its purpose. I am glad to give my support to the noble Lord, Lord Hain.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I am pleased to offer the Green group’s support to all these amendments, particularly Amendment 26. It is a pleasure to follow the detailed, highly informed expositions of the noble Lord, Lord Hain, and the noble Baroness, Lady Ritchie of Downpatrick. I do not feel there is a great deal to add, so I will be very brief, but I want to ask two questions of the Minister. First, what assessment have the Government made of the understanding and ability to deal with this of small businesses, particularly in Northern Ireland but also those exporting goods and services to Northern Ireland? How are they dealing with, and how will they be able to deal with, the trading co-operation agreement arrangements? Is the Minister confident that there is sufficient support for those, given the uncertainties that the noble Lord, Lord Cormack, just referred to?

Secondly, venturing into a very complex area but one that I know is of great importance to some people, as I understand it there is a hard border down the Irish Sea for seed potatoes and possibly also for fresh potatoes. Can the Minister explain the situation with potatoes going to and fro across the Irish Sea?

[Lord Wigley (PC) [V]]

My Lords, I am delighted to follow the noble Baroness, Lady Bennett, and to support very warmly the vital point made by the noble Lord, Lord Hain, who has shown such great commitment to Northern Ireland over the years and continues to do so, particularly in the dimension of the Brexit process. I also warmly support the comments made by the noble Baronesses, Lady Ritchie and Lady Altmann, and the noble and right reverend Lord, Lord Eames. I address these remarks particularly to subsection (1)(b) of the new clause proposed in Amendment 26, relating to goods originating in, or moving from, Northern Ireland and entering Great Britain.

Assurances were given to business in Northern Ireland by the Prime Minster that there would be no bureaucratic hindrances whatever on the goods they trade with other parts of the United Kingdom. It now appears that in some circumstances there can be documentary imposition placed upon them. This has serious implications for those selling such goods and those operating ports such as Holyhead. I remind the House that many of the products from Northern Ireland destined for UK markets have in the recent past been coming via Dublin and Holyhead. This is a matter I have repeatedly raised here in the Chamber. If trade such as this requires documentation, whereas trade directly from Northern Ireland to English ports does not, clearly this represents discrimination against Holyhead whether the goods, or part of them, originated wholly in Northern Ireland or were partly imported from third countries.

Holyhead has already suffered in recent days since the conclusion of the Brexit deal, with shipments that previously would have come from Dublin via Holyhead to English markets or on to continental markets now shipped from other locations in Ireland and not coming via Holyhead. Some, indeed, are going directly to the European mainland. We need clarification, so I hope that the Minister will accept Amendment 26 and can give some assurances, which are needed by those operating the port of Holyhead.

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[Lord McNally (LD) [V]]

My Lords, as ever, it is a pleasure to follow the noble Baroness, Lady Kennedy. I also want to speak in support of the amendment. My intervention is based on a long-term commitment to seeing age-appropriate design embedded—as it was in the Data Protection Act 2018—activated and written into future legislation. That commitment owes much to the efforts and persistence of the noble Baroness, Lady Kidron, as has been noted by my noble friend Lord Clement-Jones and others.

My fears for the future of that commitment have not been helped by awaiting the implementation of the long promised internet harms Bill. The harms identified by the 2018 Act are real and present now, and delay leaves ongoing harms unchecked. For over a year I have been working with the Carnegie UK Trust on a paving Bill intended to ease the passage of the online harms Bill. In its briefing for this Bill, the Carnegie team had this to say:

“At Carnegie we remain concerned about the opaque nature of the discussions on the UK/US Trade Agreements and the risks that the wholesale imports of provisions relating to section 230 of relevant US legislation”—


that is, the legislation referred to earlier in the debate—

“may significantly restrict the ability of the UK to enact the systemic online harms regulation it intends”.

My concerns were further increased by the briefing from the 5Rights Foundation, which warns that the US tech lobby is working to ensure that US domestic legislation protects big tech companies from liability, and that that is written into all US trade agreements—a warning that Lord Sheikh emphasised.

If such clauses were to appear in a future UK-US trade deal, they would have a chilling effect on all the advances the UK has made to protect children online. So I believe that this amendment is necessary to protect safeguards already in law or proposed in future law, but which could be voided by clauses written into trade treaties.

I believe the good intentions expressed by the Minister, but we are only six days into our new liberties, so claiming that there are no problems is a little premature. I am a little worried about the self-styled buccaneers in his party, whose idea of behaving in accordance with commitments to the law may be equal to that of the old buccaneers.

Although the amendment would be a valuable addition to the Bill, we must also address the wider issue of the use of the royal prerogative in making treaties. There is an urgent need to review how Parliament deals with trade and other treaties. The 2010 Constitutional Reform and Governance Act—the CRaG Act—is now not fit for purpose. It was drawn up when we had already spent 30 years in the EU, which then had responsibility for our trade treaties. The CRaG Act is out of date, but so too is the concept of the royal prerogative, which is a useful fig leaf for giving Ministers power and preventing Parliament from having power.

A Government who came to power promising to return power to Parliament, not to the Executive, should really examine the CRaG Act, the royal prerogative, and how we handle trade treaties. As has been said, there are lots of Governments, chiefly the US Congress, who have powers to scrutinise. American Ministers, and other Ministers in the same situation, simply have to live with that kind of scrutiny. Let us pass this amendment, but let us then put down a firm marker that there is other work to be done before Parliament can regain sovereignty over treaties.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, it is a pleasure to follow my noble friend Lady Jones of Moulsecoomb in thanking the noble Baroness, Lady Kidron, for tabling Amendment 23. My noble friend and I do not usually speak on the same amendment, but there is a particular range of issues that I want to speak to on this one—issues that no other noble Lords have addressed. I am talking about controlling advertising, a fast-rising area of concern.

When I talk about advertising I also mean some of the broader online issues such as product placement and payments to influencers, which are effectively indirect forms of advertising. This is where I agree with a comment made by the noble Lord, Lord Vaizey, yesterday, which may surprise the House. He expressed concern about differential controls on advertising for broadcasters in the UK, which do not apply online. Yet we know that consumption of media is very much blending now; indeed, the divisions between broadcast and online material, from consumers’ point of view, are pretty artificial these days.

In some areas we already have quite tight controls in the UK for broadcasters and others—on smoking advertising, for example, as well as some controls on gambling advertising, and limited controls on alcohol advertising. We have also seen, particularly in the London underground, controls on the advertising of unhealthy food. As we start to face up to our role as chair of COP26, and face the climate emergency and the nature crisis, a broader concern about advertising is rising, in relation to its place in driving consumption, and driving the destruction of our planet.

The amendment is about children in particular. It is Green Party policy that all advertising directed at primary school age pupils, who psychologists tell us cannot distinguish between advertising and programmes, or editorial content, should be banned. In the online context, it should be possible to create a situation in which we can protect children up to a certain age from online advertising.

I note that just before Christmas, on a question about gambling advertising, the noble Baroness, Lady Barran, speaking for the Government, said:

“We very much welcome moves by the major platforms that give individuals greater control”.—[Official Report, 14/12/20; col. 1518.]


over gambling advertising. Should a future Government decide to enforce even the rights of users to block advertising, I suggest that we do not want to see trade Bills stopping that happening.

I conclude by referring to what the noble Baroness, Lady Kennedy of The Shaws, said. What we are talking about here is giving guidance and democratic control—sovereign control—to our trade negotiators in future trade deals.

[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, I thank all speakers for their contributions to this rather important debate. I was happy to sign up to Amendment 23, tabled by the noble Baroness, Lady Kidron, because surely ensuring online safety for children and otherwise vulnerable people is one of the key issues of our time. Secondly, while the age-appropriate design amendments your Lordships’ House made to the Data Protection Act 2018 have made a start in ensuring that the UK is a safe place for children to be online, much still hangs on the progress of the as yet unpublished online harms Bill. Sadly, there is still rather a long way to go before that become law. If, and when, the online harms Bill, assuming it retains its present ambitions, becomes law, it may provide a bulwark against any tendency the Government may have in future to trade away current or future protections for our children and other vulnerable users. But we are not there yet.

The points made by my noble friends Lord Knight and Lord McNally about the way in which the US tech giant lobby has been forcing changes on recent trade deals are, frankly, chilling. This is not the time to weaken current protections for children online. We must ensure that future trade deals protect our current, and prospective, domestic legislation, and we can do that by taking this issue off the negotiating table.

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[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, Amendment 24 is in my name. Although devolution is a settled fact in our constitutional arrangements, it is odd how often we find that legislation brought before Parliament either ignores it completely or makes token gestures in that direction. The recent experience of those involved in this Bill and the then United Kingdom Internal Market Bill has made this abundantly clear.

The proposed new clause is offered to the Government as a template that I hope they might find of interest as they consider matters relating to the devolved settlements. Building on successful amendments that were made to the then United Kingdom Internal Market Bill, which were accepted by the Government, they propose a two-stage approach: where devolved competences are engaged, there is a separate process, and, where they are not, committing to consult and seek consent from the devolved Administrations should be combined with setting a one-month time limit for the consent process. This proved successful in what became the United Kingdom Internal Market Act, and, as far as we are aware, it is acceptable to the devolved Administrations. I hope it will be of interest to the Minister when he comes to respond, and I thank others who have decided to support this amendment in this debate. I beg to move.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, it is a great pleasure to follow the noble Lord, Lord Stevenson of Balmacara, and to back his amendment. As the noble Lord said, this is territory that we have covered over and over again, so I will not take a great deal of time. The sections of this amendment say that the devolved Scottish Government should not be overruled on matters within their purview; that the Welsh Ministers should not be overruled on matters devolved to them; and that the Northern Ireland Government should not be overruled on matters devolved to them.

We have here something of a reflection of what happened on 30 December, when many noble Lords participated, in one way or another, and in one day both Houses passed a Bill to which we had no consent from the devolved Administrations—indeed, there was opposition from two of them. This amendment aims to create, as the noble Lord, Lord Stevenson of Balmacara, said, a blueprint for the way forward. It is a balanced amendment. Clause 5 says that if the Westminster Government seeks to overrule the devolved Administrations, that has to be explained to both Houses of Parliament.

We hear an enormous amount about sovereignty and taking back control. This Bill seeks to ensure that the nations of the UK are in control of their own destiny in the areas where they have been given powers. I very much hope that your Lordships’ House will back this amendment.

[Baroness Humphreys (LD) [V]]

My Lords, I am grateful to the noble Lord, Lord Stevenson of Balmacara, for tabling this important amendment and presenting us with the opportunity to debate, yet again, the issue of powers and responsibilities in areas of devolved competence being overlooked or ignored—in this Bill and, as we have seen, in other Brexit Bills that have recently come before Parliament.

I acknowledge, as does the Senedd’s External Affairs and Additional Legislation Committee, that the regulation of international trade is a matter reserved to the UK Government, and that on the other hand the implementation obligations arising from international agreements are primarily the responsibility of the devolved Governments and legislatures. Another of the Senedd’s committees—the Legislation, Justice and Constitution Committee—agrees with this analysis, pointing out that the international trade agreements covered by this provision will encompass a wide range of policy areas that fall within the legislative competence of the Senedd, including agriculture and fisheries.

It is of some comfort that Clause 2 of this Bill confirms the respective responsibilities of the two Parliaments by confirming that non-tariff regulations can be made by UK and Welsh Ministers, alone or concurrently, and are then subject to the affirmative procedure in the appropriate Parliament. Nowhere in this clause, however, is there a recognition of the role of the Welsh Government in trade agreements in their areas of devolved competence. I accept that the agreements themselves are a reserved matter, but omitting the devolved Administrations from playing any part in the process indicates the desire of the UK Government to control and create trading agreements in their favour—agreements that might not meet the needs of the devolved nations.

Sadly, we are faced once again with an example of the UK Government ignoring the powers and responsibilities of the Senedd and the other devolved Administrations, and the lack of a reference to them in Clause 2 makes their omission obvious to all. It is another example from this Government of what I have referred to before as “attempted constitutional change by stealth”.

Actions such as these are perceived in Wales as making a mockery of the promise of taking back control. Control is now seen as being consolidated in Westminster, and evidence is mounting that these omissions act merely as a recruiting sergeant for those who wish to promote an independence agenda.

This amendment seeks to provide that, if trade agreements contain provisions relating to the devolved competences of Scottish, Welsh or Northern Ireland Ministers, the consent of those Ministers is required to authenticate that agreement, and it has my full support.

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[Lord Purvis of Tweed (LD)]

My Lords, I apologise to the House; clearly the message that I had scratched from this group has not got through. I reflected on the fact that three Liberal speakers on this group would spoil the House too much, so I have nothing to add after the very able way in which my noble friend moved this amendment.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, it is a pleasure to follow the very humble noble Lord, Lord Purvis of Tweed, and the noble Baroness, Lady Kramer. I shall speak to Amendment 27, which stands in their names and to which I have added mine. I shall also speak to Amendment 47, in the name of the noble Lord, Lord Bassam of Brighton, to which I have attached my name, and to Amendment 48, which I think might best be described as a friendly amendment to Amendment 47, as it makes just a small addition to it.

As the noble Baroness, Lady Kramer, said in introducing this group, these amendments very much fit together. Amendment 27 refers to the fact that the TRA should listen to a wide range of representative groups. That very much relates to the debate on the preceding group, where the noble Baroness, Lady Boycott, and many others made a powerful case for the importance of food standards and labelling standards. If consumers were listened to by the TRA, it would certainly be very helpful. As we are in a climate emergency and a nature crisis, we need to make sure that expert voices from that area are listened to as well. It is something that perhaps we do not always see traditionally as part of trade, but it is becoming very obvious that it is a crucial part of the whole issue.

On Amendments 47 and 48 in particular, we know that we have a huge problem with the bodies or organisations that are appointed, particularly by Westminster, being representative of all parts of the country in terms of region, background, knowledge and skills. As has just been highlighted by the appointment of the new chair of the BBC, it would seem that, under this Government, there are very few positions in UK society that a long career in the financial sector does not qualify you for. Crucially, we need our government institutions and bodies to be far more representative of our society as a whole. That means including different voices, genders, backgrounds, regions, educational backgrounds, et cetera. These three amendments taken as a package are a modest but important attempt to ensure that, when we formulate and make decisions about trade policy, a range of voices is heard.

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow the noble Baroness, Lady Bennett. I shall speak to Amendments 28, 29 and 30, which are intended as probing amendments. I refer in passing to the report on the Trade Bill from the Select Committee on the Constitution, published in September of last year. The committee says at paragraph 11:

“We remain of the view that the Bill’s skeletal approach to empowering the Trade Remedies Authority is inappropriate.”


It goes on to say at paragraph 12:

“We recognise that there continue to be significant uncertainties regarding the UK’s trading relationships at the end of the Brexit transition period”,


which of course has now passed, and it concludes:

“However, it is not clear why, more than two years after the previous version of the Bill was introduced, the functions and powers of the Trade Remedies Authority cannot be set out in more detail in this Bill.”


Therefore, I gently nudge my noble friend the Minister to say, when he responds to Amendments 28, 29 and 30, what the intention behind the original Clause 6 was.

With Amendments 28 and 29, I seek in particular to focus on understanding better what limits might be appropriate to a request to the Trade Remedies Authority to provide advice on matters of international trade, and, with Amendment 30, to clarify the purpose of the initial consultation before proceeding to a request. At this stage, I should say that I am most grateful to the Law Society of Scotland for its assistance in briefing me and preparing these amendments.

With regard to Amendment 30, it is not immediately clear from the legislation why the Secretary of State would consult the Trade Remedies Authority under Clause 6(3) and how this is different from issuing the original request under subsection (1). I might be missing something but, if you are issuing a request, that seems a little odd. I am grateful to the Law Society of Scotland for raising this with me and, in turn, for the House this afternoon. Surely, if you make a request to the Trade Remedies Authority, you do not need to consult the authority beforehand on the nature of that request.

Can my noble friend clarify whether there is any distinction between the two actions, making it clear that the duty to consult in Clause 6(3) relates to framing or scoping a request to the Trade Remedies Authority, just so we can understand why it is appropriate to shape that request when, in fact, the Trade Remedies Authority is meant to be independent and impartial? By going through this process of consultation, I am slightly concerned that that impartiality and independence may be impugned or compromised.

Amendments 28 and 29 point to the fact that the Trade Remedies Authority has already existed, and exists in abstract, having been incorporated by reference in the Taxation (Cross-border Trade) Act 2018, although we are formally constituting it in the Trade Bill before us today. If it is the case that the Trade Remedies Authority is responsible for carrying out investigations and advising on remedies as set up under the cross-border trade Act, while it is an essential aspect of international trade, it is only one part of that. The proposed amendment therefore would ensure that requests for advice are limited to matters on which the Trade Remedies Authority is competent to advise, having regard to its remit and functions.

The purpose of this group of three amendments is simply to explore a better understanding from my noble friend and the Government through the department as to what the remit of the TRA should be and to ensure that the independence and impartiality of that body will not be infringed through the present drafting of Clause 6(3).

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This amendment is therefore intended to keep the Government honest in their approach to the GPA by ensuring that each House has the opportunity to examine, debate and vote on measures proposed by the Government. An affirmative resolution of each House would be required before proceeding to introduce proposals to the GPA. This would allow each House to carry out its proper function. In the case of this House, that would be scrutiny of the proposals to consider whether, if taken to the GPA, they will fulfil the Government’s ambitions. I beg to move.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I thank the noble Lord, Lord Lennie, for tabling Amendment 46, to which I was pleased to attach my name. I also thank the noble Lord for setting out some very clear and important questions that have not been answered, even at this very late stage of the debate on this Bill.

I note the thinness of this part of the debate. It is very clear that, despite the hard work of the Minister and noble Lords still engaged in this debate, at this late hour, the ability of this House to scrutinise the Bill line by line has been greatly damaged by the disjointed manner in which it has been progressed. We can only do our best.

The noble Lord, Lord Lennie, set it out clearly: we find ourselves saying essentially the same things, again and again. Members on all sides of your Lordships’ House want statutory protections for hard-won environmental standards, workers’ rights, food standards and public health standards. We keep hearing from the Government, again and again, “Oh yes, we want to keep these things”, but we encounter thumping resistance to any attempt to put that in writing so that they can be held to account in the courts for their promises—in the way in which the Government have so often been held to account in recent years. Empty words and hot air cannot be taken to court.

It is late, so I will be brief. I have three bullet points to conclude, outlining the reasons why this amendment should be included in the Bill: sovereignty, democracy and taking back control. For the benefit of Hansard, there is an implied question mark at the end of that last bullet point. It seems that, day by day, in your Lordships’ House, in Parliament and in the country, we are losing control, handing it over to executive authority and all too often to the vagaries of the market. We are seeing a society run for the benefit of the few, not the many.

Trade Bill

Baroness Bennett of Manor Castle Excerpts

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Tuesday 15th December 2020 Lords Chamber

I also reiterate that I had the opportunity to practise EU law in two different European practices—“boîtes”, as they are called—in Brussels. I was also an intern, or stagiaire, in the European Union. I have been contacted in my capacity as the co-chairman of the British-Danish All-Party Group. There are currently 30 or 40 interns from Denmark coming to London alone, and it is hoped that that will continue from January. I gather that this is not in the first order of the negotiations and is outside the Erasmus agreement, but the Danish Chamber of Commerce and the Danish Business Club operating in the UK hope that this will continue. Can the Minister say whether that offer of internship and the responsibilities which pass to the employers in London and other parts of the UK also will continue on a reciprocal basis? With those few words, I welcome the opportunity to speak in favour of this amendment this afternoon.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady McIntosh of Pickering, and to see her acknowledging, as she often does, the benefits and opportunities that freedom of movement gave to her life, and to see her seeking to preserve at least some of those for young people in the future. It is also a great pleasure to speak after the noble Baroness, Lady Bull, and the noble Earl, Lord Clancarty, such champions in your Lordships’ House of the creative industries. We have heard a great deal of powerful testimony about the economic importance of those creative industries. I will take a second to focus on the importance to the quality of life for all of us and the way in which cultural exchange enriches all our lives. The loss of that will make us much poorer in the most fundamental terms, rather than just focusing on the economic ones.

I thank the noble Lord, Lord Fox, for tabling this amendment and all noble Lords who backed it. I urge that this be put to a vote, and very much hope that those on the Labour Front Bench find themselves able to support that vote, for the opportunities and freedoms which have already been outlined.

Picking up on the points made by the noble Baroness, Lady Noakes, I am not sure, given that we now have a deal along the lines of what has been outlined here with Switzerland, how this can be labelled a “pipe dream”, given that it has already been achieved with one small part of Europe. The Government obviously do not think that it is a problem with taking back control to have that agreement with Switzerland. We know that Switzerland is particularly famous for its banking and financial sector, but one would hope that was not the only sector that the Government are focused on and wish to see this kind of freedom of movement in.

The Government’s statement on that Switzerland mobility agreement says that

“UK suppliers will be able to do business in Switzerland as they do now. There will be no economic interest tests, no work permits and no lengthy processing times…This offer will be open to businesses of all sizes, including the self-employed.”

What are the Government trying to achieve in the coming few days? What is the aim for next year? What is the aim for the future?

I also note that it would appear that we have lost a chance of involvement in Erasmus+. This is built on the kinds of relationships that the noble Baroness, Lady McIntosh of Pickering, referred to, with internships, interchange studies and apprenticeships. They set up the relationships that then create the opportunity to deliver these services for British businesses. How do the Government plan to ensure that those relationships are built in the future, so that the opportunities remain for British businesses and creative people to have those interchanges?

[Lord Wigley (PC) [V]]

My Lords, I shall speak in support of Amendment 13, so eloquently moved by the noble Lord, Lord Fox, despite the technical difficulties. I follow the noble Baroness, Lady Bennett, with great pleasure. It is good to see her back in the Chamber. I agreed with everything she said. I also welcome the comments of the noble Baronesses, Lady McIntosh and Lady Bull.

The amendment touches on a matter that is now assuming immensely greater interest among the people of these islands, as the harsh possibility of a no-deal Brexit dawns on them. People are awakening to the reality that their right to move to work in EU countries might now be limited as a direct result of the 2016 vote, notwithstanding the multitude of platitudes expressed by Brexiteers during that referendum.

Perhaps I may refer to one particular group in the service sector, and, in doing so, I draw attention to my registered interests. I highlight the need for those in the performing arts sector to have unrestricted free movement across the countries of our continent. The noble Earl, Lord Clancarty, has already very effectively addressed this dimension, which is so close to his heart. Such freedom of movement is absolutely basic to the cultural services they provide. Many of them, particularly those who are self-employed, have been devastated by the Covid lockdown, and restrictions on their movement once the Covid threats ease would be a second body blow that they just could not endure.

The Government claim that they support the securing of mutuality for the creative sector between the UK and the countries within the European Union. When the Minister responds, will he clarify where they stand on the Creative Europe programme? It is so important for the devolved nations in developing their existing links and helping them maximise their contribution to the UK’s soft-power objectives.

Other people are expressing horror at the fact that they will not be able to take their pet dogs with them when they travel to and forth in our continent without pre-arranged veterinary certificates. Lo and behold, we do not have the number of vets required to handle such cases, as so many of them originate from the European Union and have been given the impression, rightly or wrongly, that they are no longer welcome here. With a proportion of them now opting to go home and very few new vets coming to the UK given the Brexit uncertainty, the whole of the animal sector faces a crisis. Apparently, there have been a significant number of qualified vets among refugees seeking a home in Britain. It would be very helpful if the Government could fast-track them to enable them to help us out in the plight that faces us.

The harsh, cold reality of a no-deal Brexit is now staring us in the face. There is something ironically, cruelly appropriate that the free movement of people—one of the original attractions of having our continent reunited after two disastrous wars during the first half of the 20th century—is now one of the first potential casualties of Britain’s retreat into offshore isolation, hiding behind an array of gunboats to secure our place in the world. Presumably, that is the new normal to which the noble Baroness, Lady Noakes, referred. And is it not cruel that we—the generation who have enjoyed freedom of travel for work, education and leisure purposes—are the ones taking that great boon of unhindered travel away from our children and grandchildren? We should be thoroughly ashamed of ourselves, and I can only shudder at how history will judge us.

I fully support the amendment, although I do not pretend for one moment that it will somehow begin to put right all the negative impact of Brexit in its worst, ugly guise that now stares us in the face. I say no more.

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[Baroness Boycott (CB)]

My Lords, I am very happy to follow the noble Lord, Lord Oates, and to support the amendment in his name along with the noble Lords, Lord Purvis of Tweed and Lord Hain, as well as supporting the amendment in the name of the noble Baroness, Lady Bennett of Manor Castle. Both amendments seek to safeguard our environment and are completely consistent with all our international agreements under the Paris Agreement, which turned five at the weekend.

Trade is so much bigger than just imports and exports. It is arguably how we leave our mark on other countries. However, it is not something that most of us think about day to day. Trade deals are not usually rushed through. Many take absolutely years to happen and a lot of thought goes into them. They also last a very long time.

Having high standards is something we should be proud of, and the huge opportunity before us to trade on our own terms means that we must seize this moment to say no to other countries: “We will not trade with you if you are damaging the natural environment and worsening the effects of climate change”. We are at a junction now where it is not enough simply to partake in these practices at home—something we do well. We need to make sure that we are not indirectly causing them to happen abroad. People often use the phrase: “Evil succeeds when good men”—I would say women—“do nothing”. If we fail now to put these provisions in the Bill, we are as good as doing nothing in the face of all that we know.

I am proud that this country has led and continues to lead the way in decarbonisation. Some of this has been market-led. But 12 years ago we passed a Climate Change Act, and between 2012 and 2017 emissions from energy halved. That is not a coincidence; one logically followed another. Because this was legislated, successive Governments—we are on the fifth since it was passed—have absolutely had to pay attention to the process of decarbonisation. While it has not always been the number one priority, it has been absolutely impossible to ignore. To misquote Benjamin Franklin: “There are three certainties in our life: death, taxes, and now carbon budgets.” The comparison I am trying to draw is that when we have foresight of an issue and put it into legislation, we get the rewards. That is what we must do with our trade policy. We are literally writing the book on blank paper. It would be incredibly remiss of us to miss out this crucial chapter.

At previous stages, Ministers have mused on the importance of halting climate change, but why are they reluctant to put it in the Bill in case there are “unintended consequences”? I argue that the unintended consequences of not placing this in the Bill will be far greater. David Attenborough said to this very House in January, in the Royal Gallery next door, that we are at a tipping point and that “once we pass it, it will be impossible to come back from”. I do not think we have actually reached it yet but, as a responsible global leader, we need to say out loud and clearly, “We will not trade with you if you do not protect the environment.” I worry that without one of these amendments, and given the competing priorities the Government have about so many things, as we are hearing this afternoon, these considerations could end up falling by the wayside. The only way for the Minister to ensure that this remains a priority is to put it in the Bill.

These amendments are fundamentally useful, as they will ensure that whoever is negotiating a free trade agreement will have to stop and think about the impact it has on climate change and, in the case of Amendment 14, find a mutually beneficial way which produces fewer emissions or ensure that in some way they are offset. This could be a key moment when we stand up and say that from now on the UK will not enter anything that increases global emissions. To reach net zero we need to cut our current emissions as well as not making any more.

I understand that Ministers are reluctant to allow certain amendments as they think it would cause a lot of work in the departments, and I understand that a popular Minister may not remain popular for very long if his staff have to do this. However, in the case of Amendment 14, the work will already have been done. I welcome the Written Statement that the Minister’s colleague in the other place laid last Monday, which said that

“the Government will publish an independently verified impact assessment which will cover the economic and environmental impacts of the deal.”—[Official Report, Commons, 7/12/20; col. 22WS.]

While I am not sure whether that is the full net-zero assessment I asked the Minister about in July, I recognise that this is progress and I thank him and his colleagues for making this happen. My point is that environment includes climate change and biodiversity. If I understand it correctly, the assessment should cover the work needed for Amendment 14 and for the greater part of Amendment 21. By putting this in the Bill we can give it the permanence that a ministerial Statement, however well meant, absolutely cannot. I do not doubt the Minister’s sincerity or that he takes the issue seriously, but I worry that this conversation will have to be had every single time we have a reshuffle or a change of Government.

I have tried to show that when something is put in legislation it creates certainty and unlocks investments. This will not be a hindrance. The summit we hosted on Saturday shows the direction the world is going in. We have said that we will no longer invest in fossil-fuel projects abroad. Low carbon is our future, and the countries that are not on board risk being left out in the cold—or, indeed, in the increasingly hot world.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Boycott, and her powerful speech, which clearly outlined why one of these amendments should be on the face of the Bill. Ministerial commitments are just words which apply only to that person in post. I thank the noble Lord, Lord Oates, for outlining Amendment 14, for which I express my support, but I will speak to Amendment 21 in my name, and I thank the noble Baroness, Lady Boycott, for her support for it.

Given that the noble Lord, Lord Oates, has already outlined Amendment 14 so clearly, I will briefly reflect on the practical reality of it. A radio talk-show host was talking to me and complaining that “Everyone talks green now.” She got a little upset when she saw that I was smiling when she said that. As I said to her, although talk is great, there is a lot of truth in that statement, as it is only hot air until we have delivery and commitment. It is clear that the Government are making these commitments; as the chair of COP 26 they are taking their place at the forefront of the world’s talk on these things. It is therefore hard to see why they would have any objection to either amendment. Amendment 14 in particular is on the climate emergency, on which the Government claim world leadership, and surely that leadership should be reflected in every Bill that goes through your Lordships’ House.

I will focus mostly on Amendment 21. The noble Baroness, Lady Boycott, has already started on this point but I will go back to the words of the Minister, the noble Lord, Lord Goldsmith of Richmond Park, who on our first day of debate on these amendments answered an Oral Question from the noble Lord, Lord Randall of Uxbridge. The Minister said:

“The key principle of the convention on biological diversity is that biodiversity should be mainstreamed”,—[Official Report, 7/12/20; col. 950.]


which means “present in everything you do and everything that is done”. Biodiversity on its own does not entirely cover every environmental aspect we are looking at—there is obviously the COP next year on biodiversity, matching up with the COP on the climate. There are many other issues to raise, from soil health to plastics, but those are two good places to start.

I admit to your Lordships that Amendment 21 is rather long, so I will not go through it all in great detail. I will refer just to some of the key points. It is about

“the maintenance of the United Kingdom’s levels of statutory protection in relation to … human, animal or plant life or health … animal welfare, and … the environment.”

It is about

“achieving net zero carbon emissions by 2050”,

and the

“goals and targets contained in an Environmental Improvement Plan, including the 25 Year Environment Plan”.

It is about the United Nations’ sustainable development goals. What is notable about all those things is that I am not setting out some wonderful Green Party targets for a transformed world. They are all things that I am sure the Government would tell your Lordships they have enthusiastically embraced and signed up to. This is about the Government living up to their own commitments and legal responsibilities.

We know—and your Lordships’ House has played its part in ensuring—that when the Government skated up to dodging their international legal responsibilities in other Bills, they were then pushed away from doing it. That has done real damage to the UK’s international reputation, so putting an amendment such as this into the Bill would go some way towards restoring the UK’s international reputation.

I have one more point to reflect on, because it has been a long afternoon and may be a longer evening. At the moment, in the midst of a global pandemic, there is of course a huge focus on public health. Amendment 21 refers to public health, but it is not that public health and the environment are two separate things. We can have a healthy society, and have our people being healthy, only if they live in a healthy environment. These amendments are closely linked and essential to restoring the public health and well-being of the people of Britain, not just the environment as a separate category.

[Baroness Hayman (CB) [V]]

My Lords, I declare my interest as a co-chair of Peers for the Planet. I express my gratitude to the noble Lord, Lord Oates, and the noble Baroness, Lady Bennett, for tabling these amendments and for the way in which they introduced them, and for the speech of my noble friend Lady Boycott in favour of them.

I welcome the opportunity to contribute to the debate about how climate change obligations and aspirations can be integrated into the UK’s trade agreements going forward. As has been stated, if the Bill remains silent on these issues we could risk offshoring our environmental impact, increasing emissions and undermining UK producers by allowing goods produced to lower environmental standards to be imported into the UK. But by being clear about our commitments on climate change in the Bill, we can do more than simply preventing harm.

In the last two weeks, we have heard a great deal about building back better and greener. The Government have published their Ten Point Plan for a Green Industrial Revolution. The Committee on Climate Change’s report on the path to net zero has set out a detailed plan to take us to 2050. The energy White Paper was published this week, as was the report of the Economic Affairs Committee of your Lordships’ House on post-Covid economic recovery. All these reports point to the opportunity and the urgent need for that green industrial revolution, and for it to be on a global scale. The need to ensure our future economic well-being and the need to address the climate crisis are not in conflict or extraneous to trade policy.

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[Baroness Bennett of Manor Castle (GP)]

My Lords, I offer my support to Amendment 19 in the name of the noble Lord, Lord Stevenson of Balmacara. I regret that we have not yet heard his explanation for it, but I look forward to that. Like the noble Lord, Lord Lansley, I also speak in opposition to Amendment 15 in the name of the noble Baroness, Lady Kramer, although for somewhat different reasons. I regret we are not being joined in this debate by the noble Lord, Lord Hendy, who gave an excellent outline of the problems with ISDS in Committee, and I urge noble Lords who have not caught up with that to go back to it, because it is an excellent explanation from an expert viewpoint.

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[Baroness McIntosh of Pickering (Con)]

My Lords, in connection to Amendments 16 and 25, I really would prefer to go down the continuity agreement route than to adopt these two. It is my understanding that the UK has reached—I think the noble Lord, Lord Purvis, said this in moving Amendment 16—a rollover agreement with Kenya. Indeed, it was signed this month, less than a week ago, which I welcome. I know that we had a long debate in Committee about the asymmetry of many of the free trade agreements, but I do not know if that applies in this case. It would be my strong preference that we press the Government to continue their good work in reaching agreements, with the rollover economic partnership free trade agreements.

My question to the Minister is therefore very simple: could he say where we are in reaching agreement with Ghana—which reached an EPA with the EU relatively recently, in 2016—and Cameroon, which reached an EPA with the EU in 2014? Rather than at this stage lumbering the Government with even more add-ons, as set out in Amendments 16 and 25, it would be my preference to carry on the work that they have achieved with the Kenya rollover agreement. I urge my noble friend the Minister to continue to complete the agreements with Ghana and Cameroon.

My noble friend said earlier—it was not his exact phrase—that it takes two to tango. It takes two to complete these agreements, and if any specific obstacles have been raised with any specific products relating to the rollover agreements we currently enjoy, through our membership of the EU, with Ghana and Cameroon, it would be very helpful to know what they are this afternoon.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise briefly to speak in favour of Amendment 16 in the name of the noble Lord, Lord Purvis of Tweed, and Amendment 25, in the name of the noble Lord, Lord Purvis, and the noble Baroness, Lady Sheehan.

I want to reflect on the context in which we are having this debate: a double blow has come forward in terms of our international aid budget. Someone came to me on Twitter and said, “I’m really confused, because it seems like our GDP is going down, so our aid is going down anyway, so why are we also cutting the percentage of aid?” I had to say, “No, you’re absolutely right, this is a double blow.” We have often given very effective help to some of the poorest people in the world, so it is important that we do whatever we can to make sure that aid is directed in the right kind of way.

The second, contextual, point I want to reflect on is why these countries are in the least developed and lower middle-income categorisations. If you go down the road to the Foreign Office, up to Liverpool or across to Bristol, you will see the colonial legacy of lots of the wealth of these countries, which was sucked out in the past. That legacy continues to have extremely deleterious effects. There is also the impact of multi- national companies—very often corrupt—today, which hold down the essential development of many least developed and lower middle-income countries. I note what the noble Baroness, Lady Sheehan, said too about the history of how DfID came to be split from the Foreign Office, and the concerns that have to be expressed about that reunion.

In those contexts, it is really important to do whatever we can in your Lordships’ House to defend, to hold the line and to keep whatever we have now. We will have the fight about the aid budget percentage when it comes along, but let us do what we can now in the Trade Bill.

[Lord Lansley (Con)]

My Lords, I am very glad to follow the noble Baroness, Lady Bennett of Manor Castle, and to speak to these two amendments.

May I first say a word about Amendment 25? As the noble Lord, Lord Purvis of Tweed, said in introducing it, we had an interesting debate in Committee on the trade preference scheme—our unilateral preference scheme —and, indeed, I might say to my noble friend the Minister, an even more useful subsequent round table, although we were virtual, about the structure of the trade preference scheme when it comes.

As far as I can see, Amendment 25’s objectives should be able to be encompassed within the trade preference scheme using the Taxation (Cross-border Trade) Act 2018, and the regulations under its Section 10. I just want to see those regulations and have an opportunity for us to talk about them to check that they achieve that objective.

Regional Comprehensive Economic Partnership

Baroness Bennett of Manor Castle Excerpts

Tuesday 15th December 2020 Lords Chamber

[Lord Grimstone of Boscobel (Con)]

My Lords, I completely agree with the noble Lord’s comments in relation to India and am very pleased to be able to say that the UK and India have agreed to pursue an enhanced trade partnership, which is, of course, the first step to a wider road map to deepen trade ties. This is an ambitious approach, and I look forward to it moving to a conclusion in due course.

[Baroness Bennett of Manor Castle (GP)]

My Lords, what assessment have the Government made of the climate impacts of RCEP, particularly its impacts on disciplining the fossil fuel subsidies around the world, which are currently $500 billion? Is this being considered in all our trade negotiations, along the lines that New Zealand and others are aiming for with the Agreement on Climate Change, Trade and Sustainability?

[Lord Grimstone of Boscobel (Con)]

My Lords, because we have no intention of joining RCEP at present, we have made no assessment of its effect on climate change.

Trade Bill

Baroness Bennett of Manor Castle Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 7th December 2020 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, I support Amendment 8. Unlike the noble Earl, Lord Sandwich, I also support Amendment 9.

In opening the debate on this amendment, the noble Lord, Lord Collins, asked whether we have a consistent approach on human rights. The Prime Minister spent a lot of time when he was Foreign Secretary, and since then as Prime Minister, talking about going global. That is not just about trade, which concerns the noble Baroness, Lady Noakes, but about a wider set of interests and principles. We can trade widely but is that all that we should be doing? I do not believe that it is mere virtue-signalling to suggest that, if we want free trade agreements, we should also think about wider issues associated with the countries with which we are trading.

The noble Earl, Lord Sandwich, is right that there are difficulties in adjudicating on genocide. Whenever genocide is raised with the Ministers at the FCDO, they say, “We cannot possibly talk about it unless it has been brought as a legal case and confirmed by the courts.” That is why Amendment 8 is important as a wider amendment that talks about human rights more generally, but the two go together.

As my noble friend Lady Northover pointed out, it is important that the Government support this amendment. Free trade should not be the only thing that matters. If, as an independent country now separate from the European Union, we seek to play a major role in the world, surely that should be based on our fundamental values and principles—not just on the value of trading contracts but on the value of relationships more generally. Trade in goods that comes from forced labour, modern slavery and concentration camps is surely not something that anybody in this country or Her Majesty’s Government can condone. As my noble friend Lady Northover said, surely the Government can support this amendment. If they cannot, it is even more important to have it in the Bill. I support Amendment 8.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I declare my position as co-chair of the All-Party Parliamentary Group on Hong Kong, which may have some relevance to this. I join with many other noble Lords in thanking those noble Lords who have tabled and supported these amendments. I should warn the House that, in about the next minute of my contribution, I am going to be very concrete and graphic—this needs a trigger warning for anyone who has been a victim of torture or abuse.

This is an account provided by Ömir Bekali, a Uighur Muslim from Xinjiang in the far south-west of China, the former owner of a small tourism business, who spoke to the “Varsity” magazine in Cambridge in October. The noble Lord, Lord Alton of Liverpool, talked about the big picture of what is happening in Xinjiang, but this is one man’s story. Ömir said:

“They shackled my hands and put black fabric [over] my eyes … I feel my body tremble whenever I remember that moment … My feet and my hands were tied up with iron shackles and they beat my hands, they beat my feet … they beat my back and my stomach … They put needles in between my nails and my fingers”.


After I have spoken, I will tweet a link to the report, which contains much more and worse than what I have just put on the record.

The world has, sadly, been hearing reports of human rights abuses for decades, centuries and millennia. I have to respectfully disagree with the noble Baroness, Lady Noakes, who suggested that these amendments would not help the Uighurs. What we are doing is making sure that we do not go backwards from the inadequate but still existing controls that we have with regard to human rights and trade under our former EU membership. I agree with the noble Earl, Lord Sandwich, who said that the calling out of human rights abuse and putting it on to the international agenda is crucially important in terms of influencing the behaviour of peoples and nations.

In the UK, we have often had the cover of saying, “Perhaps little can be done in far-away places with few connections with over here, and there is little that we can do to help.” It was often the excuse—a very thin and inadequate excuse—that that was only the word of one individual; it was not hard evidence of what was happening. But that is not the case anymore, because we now have satellite pictures of massive so-called re-education camps, concentration camps or straight-out prisons in Xinjiang. We have even, due to the globalisation of the economy, the occasional desperate note pleading for rescue from abusive forced labour falling from a holiday present into the living-room of a shocked British household. That is a practical demonstration of the fact that we know well: our trade, companies and society, and our prosperity, are inextricably linked in a crucial way to the economic structures that are fed by these abuses. Our economic structures and political arrangements all too regularly, either tacitly or even explicitly, condone or accept such behaviour.

I note that Amendment 8, in the name of the noble Lord, Lord Collins of Highbury, has been criticised as being too weak, but it is a start and a step in the right direction of acknowledging the link between trade and human rights. Amendment 10, in the name of the noble Lord, Lord Blencathra, steps up to and links with Amendment 9 that we will consider in the next group. The Green group will support them all. The amendment provides a strong and clear focus on genocide, even if it is limited in scope.

Let us start here and see how far we can get. I would say to Members of your Lordships’ House that if you will not be joining the many Lords who have said that they will back at least some of these steps, my question is this: what will you say to Ömir, who has spoken out bravely in the hope of action to protect people still in Xinjiang and people around the world who are suffering human rights abuses? Choosing not to do something is not a neutral act, but an active choice, a choice of morality, a choice about the kind of world we all live in, now and in the future.

I am sure that many noble Lords will be familiar with the short story by the late and brilliant Ursula K Le Guin, “The Ones Who Walk Away From Omelas”. For those who are not, it is about a wonderful, prosperous and flourishing city that relies for its prosperity entirely on the permanent misery and the deliberate abuse of the human rights of a single child. Those who walk away are those who reject this bargain. We have today a trade system built on the misery not of one but of millions. Will noble Lords reject that bargain?

[Lord Lansley (Con)]

My Lords, I am glad to have an opportunity to contribute to this important debate. I thank the noble Lords, Lord Collins of Highbury and Lord Alton of Liverpool, my noble friend Lord Blencathra and other noble Lords for bringing forward amendments. They give us an opportunity to consider some important issues. I will talk about Amendments 8, 10 and 45, and refer to Amendment 9. Having done so, I will not speak on the next group.

With Amendment 8, the noble Lord, Lord Collins, has set out an encompassing process for an examination of the human rights situation in countries with which we might enter into international agreements. The list of agreements to be included at the end of his amendment is very wide ranging indeed. Many of these agreements would extend far beyond trade, but it is not criticised on that account; it is intended to be encompassing. This is a very wide-ranging process on the route into trade agreements, on the point at which they are laid before and, if necessary, reported to this House and subsequently in annual reports.

The question that immediately comes to mind is what happens as a consequence. What happens is that one of the two Houses of Parliament has to do something about it. From listening to the debate, noble Lords have specific and sometimes compelling examples of the human rights abuses, violations and even—as Amendment 9 refers to—genocide that may be the responsibility of states with which we enter into agreements. The first point to make is that we should be responsible for thinking in precise terms about whether to enter into those kinds of agreement with those states and under those circumstances. We should not set up a wide-ranging, encompassing, endless process of bureaucratic scrutiny but take responsibility for determining with whom we have relationships, the character of the relationships we enter into and whether to sustain them.

That brings me to my second point, where I agree with my noble friend Lady Noakes: how can we abdicate that responsibility to the High Court? We have spent a lot of our time debating whether Parliament should intervene in the Executive’s prerogative power to initiate, conduct and enter into trade agreements and treaties. Here we are discussing an amendment in which people seem to think that Parliament should not do that but hand responsibility to the High Court to determine whether we remain in an agreement or should revoke an agreement that we have entered into. I cannot, for the life of me, see that it is right for Parliament to abdicate its responsibility to the High Court.

In practice, I come back to how we have to take that responsibility ourselves. Everybody has talked about China, but the noble Lord, Lord Collins, made an interesting speech illustrating this by reference to Egypt. I am not going to take a view on that today, because I do not have the knowledge to argue that it is right or wrong to roll over the agreement with Egypt in the way in which we intend, but the noble Lord asks the right question, in my view, at the right time. We have all the powers available to us to decide whether to enter into such an agreement. We do not need to change the Bill to change that fact; it is a matter only of looking at the circumstances of an individual agreement with an individual counterparty, and asking whether we should do it or not.

Another thing to mention is the timing of this. There is always, “If not now, when?” This is difficult because, yesterday, the Government initiated a review of our own human rights legislation. Our Human Rights Act requires that, if a court were to determine that we are acting in a way that is incompatible with the European Convention on Human Rights, it can make a declaration of incompatibility. Then Ministers can make an order—they do not have to—to remediate that incompatibility.

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[Baroness Smith of Newnham (LD)]

My Lords, the noble Lord, Lord Cormack, referred to the genocide in Rwanda. When that happened, I was a graduate student writing on the European Parliament. I happened to be visiting a friend in Italy, and she had a visiting Catholic priest from Rwanda who said to me, “Please help”. I was in my 20s and I was involved in a political party, but I was not able to speak in a Parliament. I certainly could not go and stand in the European Parliament and try to effect change. But I always felt that there was something wrong and that there ought to be a way to deal with something that is called genocide without waiting for the UN Security Council to come to a decision, where it is always possible for one state alone to veto the idea of genocide.

Since arriving in your Lordships’ House, I, like other noble Lords, have heard the noble Lord, Lord Alton, and the noble Baroness, Lady Cox, again and again raise the issue of genocide. From the Government Front Bench we always hear the same refrain: “We cannot do anything unless there is a legal ruling. There needs to be a judgment. Unless something is called genocide by a court, we cannot act.” As the noble Lord, Lord Forsyth, pointed out, this amendment will begin to effect that change. It is not court interference or damaging the separation of powers; it is enabling this House and the other place to remind the Government that there are times when it is vital to act.

Her Majesty’s Government, particularly the noble Lord, Lord Ahmad of Wimbledon, repeatedly tell us that there needs to be a legal case for us to talk about genocide. This amendment would allow that to happen. Surely it is time for the amendment to be passed, for the other place to be able to think about this and to take a lead. As the noble Baroness, Lady Kennedy of The Shaws, pointed out, this might be a novel act, but that is no reason not to make that act. Surely, if we want to play a role in the world, sometimes it is necessary to act first.

It is not about virtue signalling; as the noble Lord, Lord Alton, pointed out, it is about virtuous behaviour. Unlike the noble Baroness, Lady Noakes, I think there are times when one has to say that, however important trade is, some issues are more important. You cannot simply equate trade and the value of human life. This is about human life, and we must stand to be counted. I urge noble Lords to support this amendment.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, it is a pleasure to follow the powerful speech of the noble Baroness, Lady Smith of Newnham. I join many other noble Lords in thanking the noble Lords who tabled this amendment. I will be brief, because I want to ensure that as many Members of your Lordships’ House as possible have the chance to vote tonight. I must humbly associate myself with the highly powerful speech of the noble Baroness, Lady Kennedy of The Shaws, who made the crucial point about the international importance of our deliberations here tonight on this novel and innovative legal move.

This brings me to the first of the three points I would like to make. In discussing a previous group of amendments, the noble and learned Lord, Lord Hope of Craighead, said that the UK has been a leader for many decades in human rights developments. UK civil society, lawyers and campaign groups certainly have been, and Governments of various stripes have often been dragged along by those campaigners. That is what we are seeing here tonight: individuals in your Lordships’ House and campaign groups saying that we cannot tolerate the current situation and we have to act.

The noble Baroness, Lady O’Loan, referred to the Magnitsky sanctions—another new and powerful weapon in the human rights armoury, which has developed from the actions of US civil society and campaigners. I always like to highlight good news, and I think we can see in that pairing a real sign of good news. Although, as many noble Lords have commented, the international community and the United Nations have been inactive or unable to act in hideous case after hideous case of genocide, we are seeing new attempts, new approaches and new ways of ensuring action. That is why this is so important.

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I will not be putting my amendment to a vote. However, its main points will be brought back when this House debates the Medicines and Medical Devices Bill on Report.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Sheehan. I support her Amendment 43 and share her concerns about big pharma, although I would go further and suggest that the profit motive should have no place in healthcare. Chiefly, I will offer three brief paragraphs in support of the cross-party Amendment 11, so ably introduced by the noble Baroness, Lady Thornton.

Looking at the excellent UNISON briefing on this amendment, I was taken back, as was the noble Lord, Lord Freyberg, to the Committee debate on the Medicines and Medical Devices Bill, in which we were discussing the place of artificial intelligence and big data in care and, of course, the dreaded algorithms. Clearly, this will be a fast-growing area of care, needing careful monitoring and democratic oversight, which is what this amendment seeks to achieve. What is decided by Parliament must not be undermined or overturned by free trade agreements. As the medicines Bill debate highlighted, these are big issues and there are huge issues around discrimination and potential misuse—accidental or otherwise—of the data, the algorithms and the whole approach.

I wish briefly to point noble Lords to the case of Henrietta Lacks in the US, including the treatment of her cells, the treatment of her data and the destruction of her privacy. It is an experience that surely should be studied as we face the loss of the protection of GDPR, as there remains uncertainty about the plans for WTO e-commerce rules and as there is grave concern about the way in which the UK-Japan agreement undermines UK domestic digital and AI regulation in healthcare services.

[Lord Clement-Jones (LD)]

My Lords, I rise to speak to the health data aspects of Amendment 11, which has been mentioned and was so well introduced by the noble Baroness, Lady Thornton, and the noble Lord, Lord Freyberg. I would add to the point of the noble Baroness, Lady Thornton: I join her in deploring the fact that we are debating this group of amendments, which are so important in this area, impacting on the NHS, at this late hour.

NHS data is a precious commodity, especially given the many transactions between technology, telecoms and pharma companies concerned with NHS data. In a recent report, EY estimated that the value of NHS data could be around £10 billion a year in the benefit delivered. The Department of Health and Social Care is preparing to publish its national health and care data strategy in the new year, in which it is expected to prioritise the

“safe, effective and ethical use of data-driven technologies, such as artificial intelligence, to deliver fairer health outcomes.”

Health professionals have strongly argued that free trade deals risk compromising the safe storage and processing of NHS data.

Through this amendment, the objective is to ensure that the NHS—not US big tech companies and drug giants—reaps the benefit of all this data. This is especially important given what the Ada Lovelace Institute called in its report—The Data Will See You Now—the “datafication” of health, which, it says, has profound consequences for who can access data about health, on how we practically and legally define health data and on our relationship with our own well-being and the healthcare system. Health information can now be inferred from non-health data, and data about health can be used for purposes beyond healthcare. So harnessing the value of healthcare data must be allied with ensuring that adequate protections are put in place in trade agreements if that value is not to be given or traded away.

There is also the need for data adequacy to ensure that personal data transfers to third countries outside the EU are protected in line with the principles of the GDPR. Watering down the UK’s data protection legislation will only reduce the chances of receiving an adequacy decision. There is also a concern that the proposed National Data Strategy will lead to the weakening of data protection legislation, just as it becomes ever more necessary for securing citizens’ rights. There should, however, be no conflict between good data governance, economic growth and better government through the effective use of data.

The section of the final impact assessment of the Comprehensive Economic Partnership Agreement—CEPA—between the UK and Japan on digital trade provisions says that the agreement contains:

“Commitments to uphold world-leading standards of protection for individuals’ personal data, in line with the UK’s Data Protection Act 2018, when data is being transferred across borders. This ensures that both consumer and business data can flow across borders in a safe and secure manner.”


The Department for International Trade, as mentioned by the noble Lord, Lord Freyberg, issued a document headed “UK-JP CEPA—a good deal for data protection”. However, the agreement has Article 8.3, which appears to provide a general exception for data flows, where this is

“necessary to protect public security or public morals or to maintain public order”

or

“to protect human, animal or plant life or health”.

The question has been raised of whether this will override data protections and what its impact will be on access to source codes and algorithms. There is also the question of the combined effect of Article 8.84, on the free flow of data, which provides that:

“A Party shall not prohibit or restrict the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person.”


Article 8.80, on personal information protection, says:

“Recognising that the Parties may take different legal approaches to protecting personal information, each Party should encourage the development of mechanisms to promote compatibility between these different regimes.”


It is all very well making reassuring noises, but what public legal analysis of the language in the relevant articles—and how advocacy will be permitted despite this—are the Government going to provide? Why, for instance, are these articles included, which the EU for its part will not sign up to? Unless the Government do this, there will be zero trust in future trade deals, especially regarding the US.

To date, there have been shortcomings in the sharing of data between various parts of the health service, care sector and Civil Service. The development of the Covid-19 app and the way the Government have procured contracts with the private sector for data management have not improved public trust in their approach to data use. There is also the danger that the UK will fall behind Europe and the rest of the world unless it takes back control of its data and begins to invest in its own cloud capabilities. Specifically, we need to ensure genuine sovereignty of NHS data and that it is monetised in a safe way, focused on benefiting the NHS and our citizens.

With a new national data strategy in the offing, the Government can maximise the opportunities afforded by the collection of data and position the UK as a leader in data capability and protection. As Future Care Capital says in its briefing on the Bill:

“Any proceeds from data collaborations that the Government agrees to, integral to any ‘replacement’ or ‘new’ trade deals, should be ring-fenced for reinvestment in the health and care system, pursuant with FCC’s long-standing call to establish a Sovereign Health Fund.”


This is an extremely attractive concept. Retaining control over our publicly generated data, particularly health data, for planning, research and innovation is vital if the UK is to maintain its position as a leading life science economy and innovator. That is why, as part of the new trade legislation being put in place, clear safeguards are needed to ensure that in trade deals, our publicly held data is safe from exploitation, except as determined by our own Government’s democratically taken decisions.

Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020

Baroness Bennett of Manor Castle Excerpts

Tuesday 1st December 2020 Grand Committee

[Baroness Bennett of Manor Castle (GP) [V]]

I thank the Minister for his clear introduction to the statutory instrument, and it is a pleasure to follow the clear expressions of concern of the noble Lord, Lord Moynihan, for green, sustainable change, the need for systems thinking and the joining up of various elements of environmental impacts in understandable ways.

It is clear that now, on 1 December, there is little alternative but to back the statutory instrument. As have so many noble Lords in recent days and weeks, I can only say thank you to the Secondary Legislation Scrutiny Committee for its clear examination of this and so many other SIs. I note that the committee says that

“this instrument allows qualifying NI goods which meet EU … requirements to be placed on the GB market, even where these requirements may differ from those that will apply in GB after the TP”

and that the instrument will also

“allow products from GB to be placed on the NI market, provisions are made for a UK(NI) mark which will have to accompany all products which have been CE certified by UK bodies and are destined for the NI market.”

The report continues, but I shall stop there. I am thinking particularly about small, independent businesses. Is the Minister confident that they are getting the advice and have the chance to understand these complex, very last-minute arrangements? As he said, this is another change from the 2019 statutory instrument. I am thinking of traders on eBay, perhaps, and similar trading platforms. What contact have the Government had not just with big businesses but such trading platforms, which are these days used by many small traders? They are suffering under the turmoil of Covid and now have this problem, but as we see regulations change and possibly diverge in future, it will only become more complex. There is a need to deal with the next month and the next 12 months, but will support also be in place for the long-term, continuing problems that will inevitably arise?

Both the Minister and the noble Lord, Lord Moynihan, noted that this is a chance to look over where we are with ecodesign. I doubt that many noble Lords can forget the period when these EU regulations were applied—or were mooted—over the past decade or so. It was a tabloid storm. British floors would turn into archaeological assemblages like a slovenly medieval household without 2,000-watt vacuum cleaners. British marmalade would be spread on soggy, white or somehow or other inadequate toast without a huge blast of heat. We would all be breaking our necks on the stairs without incandescent lighting burning up the planet while showing us the way. I wonder whether some of the journalists who were writing that guff then might like to recant now, particularly as, as the Minister noted in his introduction, it had the “terrible” effect of saving households £100 a year, as well as cutting greenhouse gas emissions.

Now it seems we are in a different age. The Government have issued a consultation on higher energy standards, improving on EU standards. I can only applaud that. The cleanest, greenest, cheapest energy you can have is the energy you do not need to use. The EU headline energy efficiency target for appliances for 2030 is at least 32.5%. Do the Government have in mind how much they would like to exceed that figure by? I also note that the consultation refers to the possibility of appliances being part of a smart grid. Your freezer might be part of the energy storage system, and there is talk of improving the performance of ovens and stove tops from A to A+, which could save 300,000 tonnes of carbon dioxide each year.

There is also talk of displaying lifetime energy costs at the point of purchase for a product, plus additional information on the cost of running it and, importantly—this picks up points made by the noble Lord, Lord Moynihan—how easily it can be repaired, reused and recycled, and how durable it is. Will the Minister consider whether the Government could sign up to the Manchester declaration, also known as the right to repair? We would be talking about an end to planned obsolescence, the creation of a situation where, if any element of an appliance goes wrong, it can be repaired, ideally at home or in a repair cafe, with the parts available when needed and the documentation available to assist the repairer. This is in a context where—I cite a German study from 2015, but I doubt the situation has changed—there was effectively a doubling in the proportion of defective appliances sold from 2004 to 2012, and the number of appliances failing in their first five years of use rose from 7% to 13%. We are talking about a real change towards ensuring that we and our appliances tread lightly on the planet.

We come back to Northern Ireland. Our discussion has already revealed how fast-changing this area is in technology, practice, consumer expectation and the urgent planetary need. The future will surely look back and ask just what we thought we were doing in the past few decades in terms of planned obsolescence. Batteries in a certain brand of popular phone were designed not to be replaced. There is the sheer profligacy of our use of resources. In Northern Ireland, the trading situation the Minister outlined in his introduction means there will be ongoing considerable difficulty. Are the Government ready? Do they have sufficient plans in place to help small business in particular, not just through the inevitable chaos of January and the next 12 months but in the years to come?

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

The noble Baroness, Lady Bowles of Berkhamsted, has withdrawn, so I call the noble Lord, Lord Grantchester.

Product Safety and Metrology etc. (Amendment etc.) (UK (NI) Indication) (EU Exit) Regulations 2020

Baroness Bennett of Manor Castle Excerpts

Friday 27th November 2020 Lords Chamber

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I am delighted to follow the informative and detailed speeches of the noble Baronesses, Lady McIntosh and Lady Ritchie. I spent some time today seeking to understand the way businesses have to take a step up in the supply chain due to Brexit product safety rules and how the complications for businesses based in Northern Ireland and exporting to Northern Ireland and Ireland play out. I think I have a handle on it now, although it is very hard to be sure. As the noble Baroness, Lady Ritchie of Downpatrick, pointed out, there are hundreds and thousands of businesses around the United Kingdom now seeking to make the same leap and to achieve the same understanding. As the noble Lord, Lord Foulkes, pointed out, they still cannot know, with 34 days still to go, what rules will apply.

To be specific, I was looking at cosmetics and thinking about some small specialist businesses I know that make high-value organic cosmetic products, often sold online and at a small scale—a popular and fast-growing market. The difficulties that these businesses and many others face were acknowledged by the Minister, who noted that the time for compliance in the UK has been extended from earlier plans, but I will ask him about the challenges they will face from 31 January. If they are exporting to the EU—and I assume to Northern Ireland; perhaps the Minister can confirm this—as well as having a registered responsible person in the UK, which is a legal entity that must hold the product information file and whose name and address must be listed on the product packaging, they have to locate an appropriate registered person in the EU and ensure that labels have been updated for products placed on the market in the EU from 1 January. For the cosmetic product notification portal, products will have to be registered in the UK and in the EU—a transfer that has been made by 31 December or started again from scratch.

This stepping up procedure legally means that businesses are more susceptible to investigation by enforcement bodies, and criminal prosecution and liability, in relation to these goods. A risk of civil liability can be passed on through contracts, but criminal liability cannot. From reading up on this, I discovered that enforcement action can lead to customs delays, product seizure, stop notices and enforced product recalls. I think of the lorry queues we recently saw at Dover when the French enforcement procedures were being tested, and I worry.

Mostly in this context I am worried about small businesses. Is the Minister confident that they are ready? Have they received sufficient support? Will they get help with the surely inevitable tangles from 1 January? This applies across the UK, but it is particularly acute in Northern Ireland and for those seeking to sell to Northern Ireland. Looking to the future, as the noble Lord, Lord Moylan, pointed out, regulations will likely diverge further. Will there be support for small businesses, particularly those in and exporting to Northern Ireland, to assist them in navigating through the maze?

Comprehensive Economic Partnership (EUC Report)

Baroness Bennett of Manor Castle Excerpts

Thursday 26th November 2020 Grand Committee

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, coming this far down a long and distinguished speakers’ list, including the welcome expertise of the noble Lord, Lord Darroch of Kew, whom we already know has a very sharp eye for political realities and the ability to communicate them clearly, I seek to meet my regular aim of adding to the debate, rather than repeating points already made. However, I note how many speakers have highlighted how this continuity-plus agreement has been radically oversold by the Government as ground-breaking.

That the Government have a problem with trust is a statement of the obvious. They seem to fail to understand that assertion is not fact. The disrespect for reality-based politics dates back to at least the second Bush Administration in the US and seems to have spread its tentacles across the Atlantic with great success. Our Government would do well to recover a respect for reality when commenting on future trade agreements, not just for their own future, but for the level of trust and engagement in politics. The noble Lord, Lord Woolley, has just powerfully commented on that in the Chamber. It is something that the UK has a particular problem with.

As a former resident of Bangkok, where I counted as friends a number of members of the large Japanese community, I found the extended focus on blue cheese exports particularly grating—not to coin a pun. Of course, we can understand the attraction of strange and exotic foods, but 100,000 tonnes a year in sales is not, I venture to say, something we are likely to see growing significantly in this particular market.

There are many things missing here. A crucial area, highlighted by the consumer organisation Which?, is the digital. This potentially undermines the general data protection regulation, and threatens the data adequacy agreement with the EU, as many noble lords have already addressed. There are also grave concerns in the area of animal welfare. As the RSPCA has noted, there is no new language, only poor existing language that does not even recognise animals as sentient beings, something that my noble friend Lady Jones of Moulsecoomb has often addressed in the House. There is no provision to implement the Government’s commitment not to lower animal standards in free trade agreements. We come back to trust again. This part of the agreement says:

“The Parties will cooperate for their mutual benefit on matters of animal welfare with a focus on farmed animals with a view to improving the mutual understanding of their respective laws and regulations.”


I can only concur with Compassion in World Farming in saying that this wording is meaningless.

I want to focus an issue that I have been engaging with this week through the All-Party Parliamentary Group on Antibiotics. In 2017, the UK used 281 tonnes of antibiotics in animal agriculture and Japan 809 tonnes. Those figures come from the excellent Antibiotic Footprint website. It struck me in preparing for today that perhaps we could bring our technological leadership a step further, compared to the other place, by bringing slides into our speeches, for the image of the size of each nation’s footprint is a compelling and telling one—although, of course, the United States looms enormously, as it would in a similar graphic for greenhouse gas emissions and so many other environmental destructions, something to keep in mind when a trade deal there is potentially on the table.

Japan is working on reducing antibiotic use, but is clearly well behind us, something to think about at the end of World Antimicrobial Awareness Week. That is closely related to the issue of animal welfare, which is a crucial issue in its own right but also crucial for human health, as the issue of mink and Covid-19 has recently illustrated only too clearly. The risks of factory farming anywhere in the world are obvious, and trade should be one of the mechanisms we are using to tackle that.

To pick up a point made by the noble Lord, Lord Oates, about the truly world-leading work by Costa Rica, Fiji, Iceland, Norway and Switzerland with New Zealand on the Agreement on Climate Change, Trade and Sustainability, and to quote their agreement,

“trade policies, practices and rules have an important and substantive role to play”

in tackling the climate emergency, and indeed broader issues of sustainability.

Your Lordships have heard me ask before a question too often ignored. What is the economy for, and what is trade for, as a subset of that question? Growing GDP is the assessment most commonly used, yet we know that GDP is a terrible measure of national progress. Chasing it has given us a trashed planet, an insecure society and a dreadful state of public health. This agreement does not live up to the Government’s promises of improvement and does not meet the crises facing us, so it can only be called a failure, and a failure to live up to the promise. New Zealand and its allies are leading; we are again trailing far behind.

United Kingdom Internal Market Bill

Baroness Bennett of Manor Castle Excerpts

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Wednesday 25th November 2020 Lords Chamber

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, in his very clear and crisp outline of the reasons for his Amendment 64, the noble and learned Lord, Lord Thomas of Cwmgiedd, referred to my speech in Committee about pork barrelling. The noble and learned Lord helpfully informed us about box 3.1 in the Red Book, which I have not yet had a chance to read but which seems deeply revealing about the Government’s clear political intentions. The smell of roast meat is certainly in the air.

Government Amendment 66, offering retrospective annual transparency, is a slight improvement on the Bill, but so slight that I find the words “slightly better than nothing” rather hard to get out. Considerably better improvement is offered by Amendment 65, in the name of the noble Lord, Lord Wigley, which provides stronger democratic control and devolved Administration involvement. However, that is clearly the opposite of the Government’s apparent intention, as the noble Baroness, Lady Finlay of Llandaff, demonstrated, using their own words. I agree with the noble Baroness, Lady McIntosh of Pickering, that this is also of great interest to the English regions, whether Yorkshire, which I hope will soon have a democratic parliament of its own, or Cornwall, which has similar ambitions.

--- Later in debate ---

[Lord Cormack (Con)]

My Lords, I put my name to my noble and learned friend Lord Mackay of Clashfern’s amendment out of admiration for him and for the way in which he has sought positively to contribute to our debates on the Bill, both in Committee and on Report. All his contributions have been informed by his passionate unionism. He is a truly remarkable man. He was a most revered Lord Chancellor and, of course, had he lived in Edinburgh in the Age of Enlightenment he would have been one of the adornments of that age. We are extremely fortunate to have him as a Member of your Lordships’ House.

I say to my noble friend Lord True that my noble and learned friend Lord Mackay has indicated that he does not wish to push his amendment to a Division because he is appreciative of the recognition of the importance of the union displayed by my noble friends Lord True and Lord Callanan, and indeed all those who have spoken from the Front Bench. However, and I say this on my own account, while I completely understand why my noble and learned friend does not want to divide on this amendment, and I admire him greatly for all that he has done, I still believe that the union is in peril, and it is terribly important that my noble friends on the Front Bench take most carefully into account all that has been said today on the subject of the union. All the amendments have been informed by a great love for the union, a recognition that it is at risk and a passionate, consuming desire to ensure that the most successful union in European history does not come to grief.

If, when he comes to wind up, my noble friend Lord True could emphasise his own devotion to the union, that would be a reward to my noble and learned friend Lord Mackay for his persistence, and a recognition from your Lordships’ House of the esteem in which we hold him.

[Baroness Bennett of Manor Castle (GP) [V]]

It is a pleasure to follow Lord Cormack, who has neatly demonstrated in this last group on Report how much this has been a cross-party, cross-House effort. There may be many things that we disagree on, but what has been broadly agreed is that the Bill is not currently fit for purpose. We have seen that again and again, with very strong votes for the amendments put forward by your Lordships’ House from a wide range of directions. It is fitting that, in opening this group, the noble and learned Lord, Lord Mackay of Clashfern, demonstrated the House’s persistence in the face of technological challenges, which has been a great credit to the House right through this debate and, indeed, through the entire Covid-19 pandemic.

I will speak briefly to Amendment 75, introduced by the noble Lord, Lord Purvis of Tweed, to which I have attached my name, as have the noble Lords, Lord Fox and Lord Wigley. I shall not go through it in detail; it is a very detailed amendment, but that reflects of the nature of this debate and the issue of trust. Your Lordships’ House has heard again and again, including in reports from its respected committees, of great concern about details, plans and policies not being put in the Bill. This is one more amendment that seeks to tackle that. Looking at the overview of this, your Lordships’ House has, perhaps slightly ironically, been standing very firm as a defender of devolution and democracy. We will almost certainly return to this again and I urge all Members of this House to stand up for these issues, which are crucial for the future of the United Kingdom, whatever shape that might take.

[Lord Wigley (PC) [V]]

My Lords, I am glad to have the opportunity to speak in this group of amendments and to follow the noble Baroness, Lady Bennett, who has made a massive contribution to our work on the Bill. As I have stated in previous debates, the House would be well advised to listen to the words of the noble and learned Lord, Lord Mackay of Clashfern. Time after time, he has alerted the House to the need to find an acceptable compromise on these matters. In particular, Amendment 75, in the name of the noble Lord, Lord Fox, to which I have added my name, serves that purpose. The amendment addresses the need to have a coherent framework for the work of the Joint Ministerial Committee and to provide a mechanism for when there may be disagreements. The noble Lord, Lord Purvis, stated that this amendment provides for any opportunity to achieve a consensus where that is possible—an excellent aspiration.

Likewise, the noble Lord, Lord Cormack, stressed tonight, as he has before, the need to find ways of co-operating. As I am sure he would be glad to hear, I add that my main objective in seeking greater powers for Wales is not primarily to demolish the union, but to change it into something that better serves the interests of our respective countries. That means giving greater power and being prepared to be flexible, something that has not been entirely apparent in the Government’s attitude to the Bill.

There clearly has to be some mechanism for dealing with situations where there is a disagreement among our four nations. It should have been the duty of the Government to find an acceptable solution, but they have failed to do so. I therefore believe that we should give MPs in the other place an opportunity to address this matter again by writing an amendment along these lines into the Bill.