Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020

Lord Bowness Excerpts

Monday 16th November 2020 Grand Committee

[Lord Bowness (Con) [V]]

I thank my noble friend for his introduction of this instrument, one which was certainly needed for me. To follow all the cross-references proved very difficult, and I shall not pretend that I could do so in every case. In parenthesis, I wonder why this instrument, which is an amending instrument in respect of the earlier 2019 regulations, is not the subject of a consolidated instrument.

The whole thing is a very good example of how difficult it is properly to scrutinise what is going on in the Brexit proceedings. I am speaking this afternoon because I believe that consumer protection is an area on which Brexit may have considerable impact, and it is not mentioned very often. I do not believe that there is an awareness among people, whether for or against Brexit, who appreciate what may be lost without a comprehensive agreement with the European Union. I entirely endorse the call for co-operation with the EU 27 made by my noble friend Lord Moynihan.

I have some specific questions for my noble friend. If they are answered in the footnotes or in an equally opaque statutory instrument, I apologise. First, what is happening to the European Consumer Centres Network, which was created to provide advice if things go wrong with a cross-border purchase? Furthermore, what is the position of the UK European Consumer Centre, funded jointly by the UK and EU to give free advice to consumers who have bought goods or services in another EU country? Similarly, what is happening to the online dispute resolution platform, enabling consumers to locate suitable alternative dispute resolution providers to handle their complaints?

In an answer to a Written Question, my noble and learned friend Lord Keen of Elie told me

“Existing EU instruments in the area of civil judicial cooperation (including—


this is important—

“disputes in family and consumer matters) will continue to have effect between the UK and EU member states during the Implementation Period.”

There is no surprise about that. He went on to say:

“The position after 11pm on 31 December 2020 will depend on the outcome of negotiations”.


But where are we on that matter, apart from running out of time? I hope that my noble friend will be able to confirm that these are all matters that have been discussed and, although we may say that nothing is agreed until everything is agreed, there is an agreement in principle to maintain these important areas.

I have put down Written Questions about a very important consumer right relating to air travel—namely, EU Regulation 261/2004, which deals with passenger rights in the event of flight delays and cancellations. I have been told by my noble friend Lady Vere of Norbiton, speaking from the Department for Transport, that the rules apply until 31 December. I think we have all got that message. She said that, after that date, the rules are

“retained in domestic law and will therefore continue to apply.”

I have great doubts as to whether this, being a regulation, can be retained without amendment and requiring some domestic legislation. I have asked about this but have not yet had a reply.

I understand that, as of 31 December, the EU law on passenger rights no longer applies to passengers departing from a UK airport to an airport in the EU 27, unless—and this is important—the airline is a union carrier. Yet again I ask, in a different forum, what is the position on that regulation, and how do the Government intend to replicate in full the rights currently enjoyed?

United Kingdom Internal Market Bill

Lord Bowness Excerpts

2nd reading & 2nd reading (Hansard): House of Lords
Monday 19th October 2020 Lords Chamber

[Lord Bowness (Con) [V]]

My Lords, it is a little daunting to follow the learned speech of the noble Lord, Lord Anderson of Ipswich, and the excellent maiden speeches that we have heard this evening. However, Brexit is a phantom that still haunts and divides us, and the major issues in the Bill, whether the stated intention to flout a freely entered-into withdrawal agreement or the potential disputes around the devolution settlements as affected by the Bill, are a manifestation of that divide.

I put it to your Lordships, with some regret, that the fault for that rests fairly and squarely on the Prime Minister and his cohorts of hard-line Brexiteers. He said that the divide should be healed, but nothing has been done to bring those of a different point of view close. Most of those who voted remain are ready to accept the realities of leaving the European Union but wanted a closer collaborative settlement. There has been no attempt to accommodate those views. We rejected the single market, the customs union, the Norway option, membership of agencies such as the European Aviation Safety Agency, and all the matters that benefit citizens—mutual recognition of drivers’ licences, blue badges and the European health insurance card, which are currently in limbo. But fear not: we have a blue passport.

The Prime Minister told us that he had achieved an oven-ready deal. He crowed about it and fought an election on its basis. The electorate were, it seems, sold a gold brick because, as it turns out, much of the political declaration that accompanied the oven-ready agreement has been abandoned, if not rejected. There is no more talk of the

“ambitious, broad, deep and flexible partnership”

and more, or of the level playing field.

Now, the famous agreement—signed by the Prime Minister and approved by this Parliament—is considered defective, and this Bill seeks power to flout international law and amend the agreement to make it acceptable to the leader of the Brexit legion. The enormity of what the Government want to do has been more than adequately expressed by other noble Lords of both remainer and Brexit tendencies. To produce a measure considered constitutionally and legally appalling certainly unites both sides, but not in a way that one would have hoped.

It is convenient to blame the European Union for the current situation but whatever difficulties we face in the negotiations, we are the ones who decided to leave. We have a very integrated market with the European Union, we are 22 miles from mainland Europe and we have been part of the system for more than 40 years. It is unrealistic to expect that the European Union will treat us as just another third country. Now, we have the spectacle of the Government almost rejoicing at the prospect of no deal. We shall be like Australia, which has such good arrangements that it is seeking a free trade agreement with the European Union. We want a Canada free trade agreement, but not just the Canada deal—we want Canada-plus, because we believe that we are in some way entitled.

We refused an extension of the transition—pointless bravado. Now we do not want to continue talking, even when the EU negotiators are ready to come here—more bravado. Small wonder that the EU has reacted to the Bill with a determination to stand by what has been freely agreed and signed by this Prime Minister. We should drop the provisions in the Bill which seek to undermine and change the withdrawal agreement.

I will vote for the amendment of the noble and learned Lord, Lord Judge, and vote for any amendments presented during the passage of the Bill which seek to amend the offending provisions. In considering how far we should press our objections, we need to revisit the Prevention of Terrorism Act 2005, when Conservatives and others maintained our objections for five rounds of ping-pong. We must not acquiesce in recreating our reputation as perfidious Albion.

OneWeb

Lord Bowness Excerpts

Wednesday 8th July 2020 Lords Chamber

Asked by

[Lord Bowness]

To ask Her Majesty’s Government, further to the announcement on 3 July that they will (1) invest $500 million, and (2) take an equity share, in OneWeb, what safeguards are in their agreement with OneWeb to ensure that other shareholders and investors in that company are not hostile to the interests of the United Kingdom.

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Callanan) (Con)]

My Lords, the investment in OneWeb is still subject to US court approval and regulatory clearances. The Government undertook appropriate due diligence. We will continue to ensure that this ambitious acquisition safeguards the UK’s interests and maximises future opportunities for this innovative technology. The Government have a special share that provides them with the final say over any future sale of the company and over future access to OneWeb technology by other countries on national security grounds.

[Lord Bowness (Con) [V]]

I thank the Minister for his Answer. As I understand it, we are buying a share in a bankrupt British company whose manufacturing and assets base is in the United States under an agreement yet to be approved by a foreign court, i.e. one in New York state. Can the Minister specify the share that we are buying, tell us who the other parties are, and how the capabilities of the satellites which we propose to acquire compare with the US GPS and EU Galileo? Will there need to be much more expenditure to bring this acquisition and its assets up to that standard?

[Lord Callanan]

The Government will invest $500 million, on an equal basis with Bharti Global Ltd. As part of the agreement, a small equity stake will be held by existing OneWeb creditors. This is not specifically designed for global national positioning systems; these satellites operate in a lower orbit for a number of missions, but primarily for earth observations and tele-communications.

China: Supply Chains

Lord Bowness Excerpts

Wednesday 1st July 2020 Lords Chamber

[Lord Grimstone of Boscobel]

My Lords, in general, as an open economy, we welcome foreign trade and investment where it supports UK growth and jobs. We do not accept investment that will compromise our national security. The noble Lord will be aware that the nuclear industry is one of our most highly regulated industries. He can rest assured that we would not accept any involvement from any party that did not meet our strict criteria.

[Lord Bowness (Con) [V]]

I add my congratulations to the Minister. First, the report referred to in my noble friend’s Question mentions the possibility of a free trade zone with the Five Eyes. Has Her Majesty’s Government specifically examined that proposal? Secondly, given the critical importance to China of the belt and road initiative, what approaches have we made to the countries of Asia and the Caucasus to join in putting moral pressure on China over Hong Kong, and about trade possibilities to assist us and those countries in dealing with China?

[Lord Grimstone of Boscobel]

At the moment, we are consulting on various areas where it might be possible to launch a free trade zone, but I am not aware that Five Eyes membership will be a qualification for that. UK engagement with the belt and road initiative is focused on practical steps and collaboration to help ensure that infrastructure investments are delivered in line with recognised standards in four key areas: transparency; environmental impact, including carbon emissions; social standards; and debt sustainability. Such standards lead to good projects, which benefit all parties. With their world-leading experience, British companies have an important role to play in contributing to that effort.