European Union (Withdrawal) Bill

Lord Rooker Excerpts

Committee: 6th sitting (Hansard - continued): House of Lords
Monday 12th March 2018 Lords Chamber

I want to finish by talking about something that has hardly been mentioned here: the cost to companies. Companies are horrified by the systems that they will have to put in place. Remember, if you are a small or medium-sized company that trades only with Europe, you have not had to worry about the customs process. Now, such companies will have to put in place, or prepare to put in place in the future, a whole new system, which will cost them dear and is causing them a great deal of concern. The Government need to provide some answers for these companies quickly.

[Lord Rooker (Lab)]

Before the Minister responds, I want to spend a couple of minutes on a highly relevant issue that has not been raised on this Bill at all.

Following the BSE crisis, which was very damaging to the economy, an all-island animal feed arrangement was created in Ireland. It is not generally appreciated that there are a disproportionate number of animals for food production on the island of Ireland, hence its exports to the rest of the world: 15% of the world’s infant formula market is controlled by the dairy industry on the island of Ireland. The animal feed situation, which is crucial, is controlled by the ports around the island of Ireland. After Brexit, the EU will be ultra-sensitive—do not forget that we are the country that gave the world BSE—about the imports of animal feed. Given that there already exists an all-Ireland animal feed arrangement, and all-Ireland control mechanisms at the ports and the mills, how will this work after Brexit for the transport between the north and the south from the feed mills and ports? It simply will not be possible to drive a lorry full of feed across the border into Europe without it being checked. I cannot understand why this issue never gets raised. A third of what we grow feeds animals—it is a huge amount of business. We are what we eat, of course, and the animals are produced that way. What will happen in the island of Ireland to the existing animal feed arrangements? It is highly relevant to this debate.

[Lord Callanan]

I thank the noble Lord, Lord Berkeley, for this debate on Amendments 104 and 231, which raise the important matter of frontier control procedures and freight transport in relation to the Clause 7(1) power. I am particularly grateful to the noble Lord for his helpful technical and operational suggestions. I would have passed them on to my colleagues in the Department for Transport but my noble friend Lady Sugg has already taken careful note of them and I am sure she would like to take them forward with him personally.

I am pleased to reassure the noble Lord that discussions in this field continue with all those involved in the running of our roads and railways and the freight services that use them. How these services and the procedures involved continue to operate after our exit is, however, a matter to be negotiated with the EU. In the event that there is no negotiated outcome, Her Majesty’s Revenue and Customs will treat EU trade as it currently treats third country trade, which means that businesses trading with the EU will need to comply with additional customs requirements. The Government recognise that this represents a change to how UK businesses currently trade with EU firms and so we will model new customs processes and procedures on the existing Union customs code.

The noble Lord’s amendment would prevent the making of regulations in certain scenarios but it does not, and cannot, do anything to prevent those scenarios arising. This will be determined purely by what happens in the negotiations. All it would do in the unhappy situation that we did not secure a satisfactory agreement with the EU is to leave us unable to reflect that situation in domestic law, which of course would only make the position worse. Furthermore, any report that was carried out before the outcome of the negotiations would necessarily be speculative and so would lack a certain utility.

Happily, I can tell the noble Lord that the transport of goods is incredibly important to both the UK and the EU, as many noble Lords have pointed out, and there is a strong mutual interest in reaching an ambitious agreement which maximises the benefits for all businesses and individuals. As such, the Government aim to negotiate for the most tariff and barrier-free trade with our European neighbours, as the Prime Minister said in her speech last week. The Government will ensure that appropriate measures are taken when implementing whatever may be agreed. It will be done in a phased process, thereby providing businesses with enough time to plan and prepare for the new arrangements, minimising disruption.

Whatever the outcome of the negotiations, the Government believe that it is in the interests of both the UK and the EU to have efficient and effective frontier control procedures to achieve one of the strategic objectives of ensuring that UK-EU trade is as frictionless as possible. We will continue to meet our commitment to keeping Parliament fully informed on these negotiations and allow for proper scrutiny, including through regular statements and in our support for the work of committees in this House and the other place. I hope I have reassured the noble Lord that the Government will work hard on securing an agreement with the EU that works well for all in the road and rail freight sectors and I therefore ask that he will withdraw his amendment.

European Union (Withdrawal) Bill

Lord Rooker Excerpts

Committee: 7th sitting (Hansard): House of Lords
Wednesday 14th March 2018 Lords Chamber

[Lord Stevenson of Balmacara (Lab)]

My Lords, Amendment 146 is an amendment to the one just moved by the noble Lord, Lord Monks, which I support. I speak on behalf of and will use the words of my noble friend Lord Puttnam, who cannot be here today as he is suffering from flu. I am sure your Lordships will want to send him good wishes for a speedy recovery.

I know that my noble friend is very grateful to the noble Earl, Lord Clancarty, the noble Baroness, Lady Bonham-Carter, and my noble friend Lord Judd for signing his amendment, and I look forward to their speeches.

Our creative industries have emerged as one of UK plc’s great success stories of recent decades. According to the latest figures, the UK’s creative industries represented nearly 4% of the UK’s gross value added in 1997. In the past 10 years this has increased by a massive 44.8% to the point where they now contribute £91.8 billion to the UK economy. But, just as importantly, the creative industries have become one of the instruments of soft power through which the UK has helped to shape ideas and thinking across Europe and the world.

Many of the policies developed by the EU, and warmly supported by the UK, have helped to grow our creative industries. I will leave it to others to talk about intellectual property, which is the basis of the creative sector, but I will give one example from the EU framework. It allows UK designers to register their designs and trademarks once in a single application that covers the entire EU and, like the recently established Unified Patent Court, provides an effective and efficient way of defending their IP.

Our creative industries cover a fairly wide range of subsectors, so let us take the example of cross-border broadcasters based in this country. The UK is Europe’s leading international hub for global media groups. It is home to more television channels than any other EU country. According to the Commercial Broadcasters Association, around 1,400 channels are based here, representing more than a third of all EU broadcasting. Over half the channels licensed in the UK broadcast direct to overseas countries. These channels employ thousands of people in this country and one in 10 jobs in the television sector is related, wholly or in part, to the presence of channels that broadcast outwith the UK.

They currently invest more than £1 billion a year in wages, overheads and technology, helping to ensure that the UK broadcasting sector has the critical mass to compete on the global stage. But the reason this works as well as it does—and it does work well—is that when the UK regulator Ofcom grants a company based in the UK a broadcasting licence, that licence, under EU law, has to be recognised by every other EU member state without further checks or review.

So, what happens when we leave? Unless we can reach a reciprocal agreement with the EU, this privileged position will be lost forever, along with the investment and jobs that go with it. It is not just the jobs at the broadcasters themselves—we should think of the value chain and the production hubs that have sprung up around them, helping to make the UK the leading centre for the audio-visual industry in Europe and, by a country mile, the most significant outside the US.

The scenario I describe and the economic minefield it represents are not a far-off prospect. There is a clear and present danger. Last week, as reported in the press today, a group of senior officials from Ireland’s audio-visual regulator was in London, pitching to the major broadcasters the advantages of moving to Dublin. Two weeks from now the President of Estonia, together with her Minister of Culture, will be in London on a similar mission. Others, from Holland, Luxembourg and elsewhere are planning to follow. Without some form of reciprocal agreement with the remaining EU member states, our creative and cultural sectors will undoubtedly suffer irreversible economic and cultural damage.

There is more. Research undertaken by Oxera for the British Film Institute indicates that the proposed diminution of freedom of movement will erode our available pool of talent. This could lead to a decrease of 5% to 6% in the volume of screen sector content made in the UK, along with the loss of some 5,000 jobs. The same research shows that the no deal scenario, under which we fall back on WTO rules, would lead to 14,000 job losses.

However, the freedom of movement challenge is even greater than that. Let us reflect for a moment on the difficulties that orchestras, rock bands, actors and every kind of creative person, whether from the UK or the EU, may have in crossing borders after we become a third country. Then add in the issue of moving equipment between two very different jurisdictions. Lorries queueing at Dover, Harwich and Holyhead will be stuffed not just with food and electrical goods but with musical instruments, sophisticated camera equipment and the physical goods that even in this digital age enable people across the UK and Europe to enjoy the very best of our common European culture.

We do not want to return to the era of the carnet, when an enormous amount of paperwork was required simply to move a film camera from London to Paris or Rome. Unless we can wrap a reciprocal agreement around our creative industries, we risk returning to those dark days of zero growth, little confidence and minimal opportunity.

The people who will suffer as a consequence are not just those who work in the creative industries; audiences across the UK will no longer be able to enjoy to anything like the same extent performances by orchestras, theatre companies, dancers, musicians and poets from across Europe. They will not be able freely to access the fruits of a common European culture—a culture that every person in this country under the age of 40 has taken entirely for granted.

The case for remaining in the EU is economic, but it is also cultural and historical. More than 50 years of peace, prosperity and culture exist and must not be forgotten. This is why we need to secure an agreement with the EU that underpins the future of our cultural industries, to the benefit of both our citizens and our economy.

[Lord Rooker (Lab)]

My Lords, I am pleased to announce that this is the last speech I shall make in Committee on the Bill.

[A noble Lord]

Shame.

[Lord Rooker]

Well, when tempers got a bit frayed on Monday evening, I thought, “Well, I’ll make the next one my last one, so I don’t upset anybody even more”. It is my fourth but it will be my longest. I also support the amendment in the name of my noble friend Lord Monks.

I cannot understand why—as one of my noble friends asked on Monday—after the December agreements the UK Government did not do exactly what the EU did and set out a legal document. It looked as though it was the EU’s job to do that but, when you read about it, you found out that it was not. The EU took the view that it would put that agreement into a legal form; we could have done exactly the same but we chose not to. In some ways, to put it at its crudest, I would rather have Monsieur Barnier looking after my interests than the amateurs representing the UK at the present time. It is a really serious issue that we have come to.

I want to raise food standards and have a couple of questions. First, will the UK remain a member of RASFF, the rapid alert system for food and feed? Its members are the Commission, the European Food Safety Authority and the EEA only. There is a legal basis for it; it started only in the late 1970s; it did not exist before we joined the EU and it has been evolving since then. It is a 24/7 system for exchanging information on serious risks detected in food and feed. It is a very simple system with clearly identifiable points.

The latest report on RASFF is from 2016. There were 2,993 notices issued—eight a day—all across Europe to the ports and authorities dealing with these issues. The system keeps people safe and it is run by the EU. You cannot be half in and half out of getting the notifications, or issuing your own.

When I was in government I discovered, much to my surprise, that only two departments run a 24/7 system: one is the Ministry of Defence, for obvious reasons, and the other is Defra. I would like to think that that is still the case, because they are the only two. Part of the reason is these notifications and other issues relating to food.

Research done by the Food Standards Agency for the balance of competences review when I was there back in 2013-14 showed that many people did not feel protected, but the thing that really stuck out when I was re-reading the research report the other day was that 80% of people in the UK did not know that the EU was responsible for the majority of food and feed laws in the UK. Part of the reason for that, of course, is politicians in Brussels masquerading as lying journalists telling falsehoods about the EU over three or four decades—so it was never really understand who was responsible for what.

The UK is a big player in the RASFF system. We are in the top 10 of notifying countries. In 2016 we notified on 79 occasions regarding salmonella and aflatoxins. The countries of origin that are reported most on the system are Turkey, Spain, Iran, China, the United States, India and Egypt, on matters relating to fruit and vegetables, nuts, herbs and spices, and fish and fish products. It is a 24/7 rapid-alert system for what is discovered at ports of entry and in manufacturing.

What are we talking about in terms of food law and what the EU does? I will go through the list. First are the general principles of food law, including traceability and incident reporting; the principle of control on farm to fork; and the establishment of the European Food Safety Authority. Then there are hygiene rules from the farm to the point of sale; official feed controls; and checking out abattoirs each time they are working, 24 hours a day—if there is no vet there, they cannot open. There are massive issues relating to feed safety. I spoke briefly about it the other night, so I will not repeat what I said then. One-third of the land that we use is growing feed; 85% of EU compound feed is now GM or GM-derived material; two-thirds of feed is produced by farmers; there are 4,000 feed mills in the EU; 500 million tonnes are needed each year; and there are serious issues with dioxins and PCBs. Feed safety is crucial. The animals cannot read the labels. We have to do it for them. We have to check this because the reality is that that feed becomes our food. We have to make sure that pathogens and other problems are not passed on through that food chain into the human one.

There are regulations on hygiene practices. On treatment of contaminants in food, there is an EU-wide framework for maximum levels of certain contaminants to protect public health. Food additives are controlled on an EU basis, as are flavourings. If you visit the ports of entry for food, as I did both as a Minister at Defra and with the FSA, you will find bonded warehouses of things that have been put on one side. Something might look like the product, will be labelled as it, might even smell like it, but it damn well is not the product. The crooked chemists have been to work to try to put filth through the system to cut corners and costs. These are massive issues that we need protection from. Flavourings are an area where corners can be cut. Smoke flavouring, food enzymes and extraction solvents used in the production process are controlled throughout.

Another key EU food standards issue is food contact materials. We cannot put food in any old pack. It might look like a cardboard box, but it has to be one that does not contaminate the food with whatever is in the cardboard, paper or printing. Because of trade issues, it is absolutely fundamental that these matters are dealt with on an EU-wide basis and contact materials are crucial. There are regulations about ionising radiation. I will not frighten people, but we do eat irradiated food, such as herbs, though this is not an issue. Novel food regulations relate to food production and foods that have never been used in the EU before. When someone invents a new product or process, it has to go through these regulations. This is crucial because it was not done across the EU before. GM comes under that heading, but so do other products. On quick-frozen foodstuffs for human consumption, rules are laid down for the speed of freezing, the packaging, labelling and inspection. These are fundamental to protecting trade and people. There are general rules on food labelling. One might want to complain about labels, but they are much more accepted and accurate than they ever were. I can find faults with them, but they work across Europe.

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[Lord Adonis (Lab)]

My Lords, since this is my noble friend’s last speech in Committee on the Bill and as we are so distressed at the thought of not getting his further advice on our procedures, has he detected any advantage whatever, on any substantial issue relating to food protection or standards, from us leaving the European Union?

[Lord Rooker]

The short answer to that is no. I will give the evidence as my final point. In 2013, the coalition Government set up the balance of competences review of 32 areas of government. At the time I chaired the Food Standards Agency, a non-ministerial department, so I was part of the coalition in a way. It was a bit of shock when I turned up to a Cabinet sub-committee one day. There was a separate review on animal health and food safety. We consulted and did a lot of research work. As I said, people thought that the EU does not do much and that they were not very secure. We consulted widely on food standards and safety. The balance of views from the Food Standards Agency and Defra—it was a joint report in the end—was that we were better off being in this system of regulations. I am a Brussels sceptic but I believe that, on balance, UK customers are better protected in terms of food and feed in this system. I have not spent much time on feed, but it is the Achilles heel of all this. But the short answer to my noble friend is no. The balance of competences review, which can be found in the Library, is there for everybody to read. We have been through all this before.

I will finish on this point. What happened to the 32 reports on the balance of competences? They were buried, because they all came out with roughly the same idea: by and large we are better off being in the EU arguing our case than being out. So we never heard any more about them until we had the barmy idea to have a referendum.

[Lord Wallace of Saltaire (LD)]

I spent a lot of my time in government negotiating the 32 reports in the balance of competences review. I remind the Committee that it was a Conservative demand within the coalition agreement of 2010 that there should be an extensive examination of the balance of competences between the UK and the EU. In almost all the 32 reports, the answer was that stakeholders across the country were satisfied with the current balance and did not wish any repatriation of competences from the EU to the UK. The noble Lord is absolutely right: the No. 10 press office did its utmost to ensure that they were published the day after Parliament rose, either for the summer or for Christmas, to minimise the amount of publicity that the reports would get because the Conservatives were scared of the right wing in their own party, as they still are.

[Lord Rooker]

My Lords, I rest my case.

[Lord Moynihan (Con)]

My Lords, I will speak to Amendment 147A, which proposes a requirement to seek ongoing reciprocal arrangements in the field of professional sport. I am grateful to the noble Lords, Lord Addington and Lord Stevenson of Balmacara, and the noble Baroness, Lady Grey-Thompson, for their support of this amendment.

Sport in the UK is woven intricately into the fabric of European policy and the EU’s bilateral arrangements with the world’s international federations of sport. Professional football sits at the pinnacle of that intricate tapestry. Our duty to sports men and women is, first, to understand the ties that bind the sporting world in the UK to Europe and then to unpick, reshape and ultimately redesign a model that keeps our sporting industry robust, competitive and capable of retaining its positon as a global leader. In the brief time that I have available, I want to set out the key points, genuinely confident in the knowledge that the Minister and the Government, and indeed all parties, are interested in seeking the same solution: the retention of an environment in which the British professional sporting landscape can flourish commercially, competently and competitively on behalf of everyone involved in the industry.

It will not have escaped your Lordships’ attention that today is the second day of Cheltenham. Indeed, my expectation is that many noble Lords would prefer to be at Cheltenham than here, but such is their commitment to the Committee stage of this Bill that they are rightly here debating these issues. Cheltenham highlights an important point. The festival focuses and relies on the movement and transportation of horses and on welfare issues. Thoroughbred horseracing and breeding is a truly international industry, with significant roots in Europe. Its continued growth is predicated on the ability to move racehorses as freely as possible for competition and breeding while, crucially, retaining the highest levels of animal health, welfare and biosecurity. A key element to this is the tripartite agreement, or TPA, between the UK, France and Ireland, which facilitates 25,000 movements annually between the three countries for racing, breeding and sales purposes. There is no clarity at all on what will happen to that tripartite agreement post Brexit, but it is essential for the success not just of Cheltenham but of the industry. At Cheltenham alone, 30% of the runners have crossed European borders in order to race.

I very much hope the Minister can give comfort to the House and tell us that after the proposed transition and implementation period through to the end of 2020, when arrangements for the movement of thoroughbreds are finally determined, they will continue to be based on the thoroughbreds’ high health status. That would mean no severe delays at ports, which is vital, not least for mares who are toing and froing with foals. This issue is critical to the British Horseracing Authority and the Thoroughbred Breeders’ Association, and I very much hope that my noble friend the Minister will take that point on board.

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[Lord Callanan]

Touché, as they say.

We are committed to exploring with the EU the terms on which the UK could remain part of EU agencies. However, our future relationship with the EU and arrangements with regards to agencies such as the food safety authority are still to be determined and are the subject of ongoing negotiations. I would give the noble Lord the same response to his comments on the RASFF system.

[Lord Rooker]

Is it possible to have an answer to the only question that I asked? Are we going to stay a member of the rapid alert food and feed system? If we do not, we are in real trouble. I cannot see the arrangements for that—nobody ever talks about it—but it is pretty crucial. Are we going to stay in that system?

[Lord Callanan]

I cannot give an absolute guarantee that we will; it is a matter for the negotiations. However, I can certainly tell the noble Lord that we see the value of it, and it is one of the many EU agencies and systems that we will seek to continue to collaborate with.

In response to Amendment 146, tabled by the noble Lord, Lord Puttnam, whose illness I was sorry to hear about, and Amendment 147, tabled by the noble Lord, Lord Wigley, I can say that the Government want to seek the best possible outcome for the UK’s creative industries following the negotiations with the EU. In response to the question from the noble Lord, Lord Wigley, we are considering all our options for participation in future EU funding programmes, including the Creative Europe programme.

As the Prime Minister has already made clear, the UK will not be part of the EU’s digital single market, which will continue to develop after our withdrawal from the EU. This is a fast-evolving, innovative sector in which the UK is a world leader.

In response to Amendment 147C, tabled by the noble Baroness, Lady Randerson, who has yet again spoken very effectively on this topic, as she did on Monday evening, the Government fully recognise the central role that transport will play in supporting our new trading relationships as we leave the EU. As I set out in my response on Monday, our ambition for transport is to maintain and develop the current levels of transport connectivity between the UK and the EU to underpin our future trading relationship.

The noble Baroness, Lady Deech, asked me about aviation agreements. She is of course correct to say that all worldwide aviation agreements are concluded on a bilateral basis, as are most of our existing aviation agreements. We benefit from a number of these as part of the single sky policy through our membership of the EU and we are currently discussing replacing those agreements with the countries concerned.

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[Lord Callanan]

I apologise to the noble Baroness, but I do not think I used the word “flexible” in respect of that agency. I said that the agency does some valuable work, as do a number of other EU agencies, and that is one matter that we need to discuss.

[Lord Rooker]

Will the Minister accept that it is not an agency? Get briefed. Have a look at the annual report of RASFF. It is a 24/7 system that is incredibly simple. That is why it works. We are either in it to give notifications or to receive notifications. You cannot be half in and half out. I should have thought this was non-negotiable, to be honest.

[Lord Callanan]

The noble Lord is right: it is not an agency. I was referring to the food safety agency. As I have said, the system, or whatever we want to call it, does good work, we value our participation in it and it is one of the things that we will want to raise as an urgent priority in the negotiation, as will be our participation in a number of agencies mentioned by the Prime Minister.

I am sure that noble Lords will return to this debate at Report, and I am more than willing to engage closely with any noble Lords who wish to talk about these issues in the interim. I hope—I suspect that I have not—that I have helped to allay some of noble Lords’ concerns in this debate and that the noble Lords will feel able to withdraw their amendments.

European Union (Withdrawal) Bill

Lord Rooker Excerpts

Report: 3rd sitting (Hansard): House of Lords
Wednesday 25th April 2018 Lords Chamber

[Baroness Ludford]

My Lords, from these Benches, very briefly, I just say that we share the concerns expressed in the amendments of the noble Baroness, Lady Kennedy. There are just two points that I would ask the Minister to respond on. First, what is the meaning of “routine” in the Northern Ireland position paper of last August? There was a pledge that:

“The development of our future immigration system will not impact on the ability to enter the UK from within the CTA free from routine border controls”.


A lot hangs on that adjective; can the Minister please elaborate on what that means and on what border controls will be allowable?

Secondly, the draft withdrawal agreement requires the UK to ensure that the CTA,

“can continue to operate without affecting the obligations of Ireland under Union law, in particular with respect to free movement for Union citizens and their family members”.

How will it be ensured that the free movement rights of EU citizens that Ireland is obliged to secure will be respected post Brexit?

[Lord Rooker (Lab)]

My Lords, I do not think it should go unremarked in this short debate, where there is a Northern Ireland connection, that in neither House of this Parliament are there any representatives of the nationalist community and yet, in this House, we have members of the DUP who never, ever give a view. They claim to represent the majority in Northern Ireland—the leader today has threatened the Prime Minister, if she deviates, with deselection—but, at the same time, there is something wrong with the debate, because we are not fully representative. Why do we have these people in this House who never give a view, and yet their views are important? I just think it is worth putting this on the record.

[Lord Dykes (CB)]

I am very glad that the noble Lord, Lord Rooker, has made that point, because it is noticed and it is not said enough that there is a gap there which really makes the Chamber awkward from the point of view of these issues. I also support what my noble friend Lord Cormack said and thank the noble Baroness, Lady Kennedy of The Shaws, for raising these matters. It will be quite alarming if there is an erosion of the common travel area arrangements, which are historic since 1923, just because other things are happening in a geopolitical sense regarding new legislation for leaving the European Union. The psychological aspect is important too, because creating that common travel area so long ago, as a unique and special example of co-operation between countries, was a way for the British to make up to the Irish for what had happened in the past and, as the noble Baroness, Lady Kennedy, said, a way of promoting economic co-operation and activity. People came towards Britain, mostly, rather than the other way round, but increasingly, as the Irish economy developed in the post-war period, people also went to Ireland for work and travel.

The present situation is that there should literally be no erosion or changes; it should be exactly as it was. Yet, one hears these stories of what is happening—the wrong kind of attitude on the part of certain officials, and so on; I will not go into more detail than that. This arrangement is very important, because it is a miniature Schengen between just two countries and, partly for that reason of course, both countries decided not to join in the full Schengen arrangements, although there were also other reasons connected at the margin. It is a very precious aspect of the wider picture of there being no change at all to the Irish border arrangements, which is so important for both this legislation and the future of our relationship with the European Union. This of course means, effectively—yes, we have to say it—staying in the single market and customs union, and why not? In the meantime, this arrangement is crucial and I hope that the Government will reassure us tonight that there is a commitment to keeping the purity of the CTA and that there will be no erosion.

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[Baroness Jones of Whitchurch]

I am always loath to argue with noble and learned Lords on technical legal matters.

[Lord Rooker]

Perhaps I may suggest a reply to my noble friend. I am being practical now. We are in charge of our own procedure in this House, so what would be the problem, if the House wants to pass this amendment, in passing a technical drafting amendment to remove four words exclusively on Third Reading? That is the end of the problem.

[Baroness Jones of Whitchurch]

As ever, I thank my noble friend for his helpful advice. He must be right.

We of course support the amendment in the name of the noble Baroness, Lady Jones of Moulsecoomb. It is another option but, on the basis of the debate we have had so far, I hope noble Lords will support Amendment 40 as it stands.

European Union (Withdrawal) Bill

Lord Rooker Excerpts

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Lord Rooker (Lab)]

The House of Commons is not in control of the legislative canvas—the Government are. This amendment, sent to the Commons, would provide it with a canvas on which it can operate. It can change it or modify it if it does not like bits of it and send it back, but without this canvas it cannot operate in the way my noble friend is describing.

[Lord Grocott]

I have never seen the word “canvas” in Erskine May—I do not know quite what my noble friend refers to. However, we know that the House of Commons can pass legislation if it wants to; it can be introduced by a Private Member’s Bill if required, although obviously not on a matter like this. Legislation can be introduced—

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[Lord Lisvane (CB)]

My Lords, Amendment 53 in this group is in my name and those of the noble Baronesses, Lady Hayter of Kentish Town and Lady Wheatcroft, the noble Lord, Lord Tyler, and—most recently and much to be welcomed—the noble Lord, Lord Callanan. In Committee I had occasion to speak about the legislative Damascus road so I am very glad that in respect of this issue at least the Minister has added this highway to his travel plans.

I respectfully commend my noble and learned friend Lord Judge for his excoriation of Henry VIII clauses. It is a very poor rejoinder to say that the exercise of these powers is subject to the way that Parliament deals with statutory instruments, whether they be affirmative or negative, because too often that is an occasion for merely perfunctory examination. Over a period of time—and I have looked at quite close quarters at the way that the threshold between primary and secondary legislation has moved upwards over the past couple of decades and more—it is ultimately subversive of the primary legislative process.

If my noble and learned friend presses his amendment, I will of course support him, but if he chooses not to do so or fails to convince your Lordships, I will fall back on my amendment, to which the noble Lord, Lord Callanan, has so helpfully added his name.

[Lord Rooker]

My Lords, I had not intended to speak in this debate, which is way above my pay grade, but in answer to the question asked by the noble and learned Lord, Lord Judge—which I invite the Minister to get briefed on—about how this has been allowed to happen and when, I say that it would not have happened in David Renton’s time. He was the Member for Huntingdonshire in the other place and was still active here at 92, taking parliamentary draftsmen apart on a weekly basis, under the Government of whom I had the privilege to be a member. I am sure the noble Lord, Lord Lisvane, recalls this. He was meticulous. He chaired a report in the other place in the late 1970s on the drafting of legislation. It was his life’s work. He could pick apart these issues. No one is doing that these days and it is allowing slipshod work by parliamentary draftspeople to get on to the statute book, and it is about time we did more about it.

[Lord Tyler (LD)]

My Lords, I am a signatory to Amendment 53, as the noble Lord, Lord Lisvane, said, and I want to contribute one very small thought to your Lordships. Many of us will recall that at the outset of consideration of this Bill by your Lordships’ House, there were many attacks in anticipation that we might amend it. But the very fact that the Minister has signed our amendment indicates that your Lordships’ House is doing its job. That is the whole point of our presence in the legislative process.

Ministers were egged on and convinced by the more incendiary Back-Benchers in the other House, and the tabloid media, that it would be outrageous if your Lordships’ House amended in the tiniest detail this wonderful Bill that was going to be put in front of us. The Minister has now helped us do some amending. We have already had seven changes, I think, improving the Bill, with a large majority in some cases. So I plead with the Minister to recognise in future that we are doing our job when we improve this Bill. It did not come to us perfect. It will go back to the other place a great deal better than when it came to us. I hope that there will not be so many incendiary attacks on your Lordships’ House in future by curious Back-Benchers in the other House.

Incidentally, I yield to nobody in wishing to reform your Lordships’ House, as some noble Lords will know to their cost. I was a strong supporter of the agreed Cross-Bench 2012 Bill. I now find it rather odd that the people who want to reform this House, or indeed to abolish it, are the very people who stood in our way on that occasion.

European Union (Withdrawal) Bill

Lord Rooker Excerpts

3rd reading (Hansard): House of Lords
Wednesday 16th May 2018 Lords Chamber

For the Government to fight the amendment, they must explain why weakness is strength, why doing less is doing more, and why not accepting the views of those most concerned with the environment—inside and outside the Government—is better than accepting them. It is a difficult task and I do not think it is winnable task. I say to the whole House that this is a chance for us to vote seriously for the future and to do here what we did 10 years ago with the Climate Change Act, which this House would never dream of saying was other than a success because it is the lead for every country in the world. If the Prime Minister is right and we want a world-class watchdog and to set standards for the whole world, there is no better way than to take the lessons of the Climate Change Act and put them in the Bill, as the Government promised they would.

[Lord Rooker (Lab)]

My Lords, I wish to confirm exactly what the noble Lord, Lord Deben, just said about the Climate Change Act. I moved the Second Reading of that Bill in this House: it started in this House, not in the Commons. At the end of the day, it required that effort down in the Commons, referred to by the noble Lord, to make it an all-party operation. So it is an Act genuinely owned by Parliament.

I want to be brief. It is only since the Maastricht treaty that the ECJ has had the ability to levy fines on non-compliant states, a power that the UK thought to give to the court. It had the advantage of lifting the laggard member states, which benefits us all. And the UK fares well on the scorecard of cases won. We have the third highest success rate of any country now in the EU. Of 750 cases opened against the UK since 2003, 668 were resolved before reaching the court, but the number on the environment suggest that a new system of environmental enforcement might be needed after we leave to maintain standards.

Overall, 34 environmental cases brought before the court by the Commission against the UK actually went to judgment. Four were dismissed as inadmissible or unfounded. The 30 remaining cases resulted in a judgment against the UK, in whole or in part. I am talking only about environmental cases; these do not include cases on agriculture or fishing. In our 44 years of membership of the EU, there has been a roughly 60/40 split between Tories and Labour: both have been bad on the environment and have needed a kick up the backside. In the four years from 2007 to 2010, the UK was the fourth worst in infringements among the 28 member states. In the six years from 2011 to 2016, we were the ninth worst in infringements among the 28. So it requires an external push to get change.

I know from my experience at MAFF and Defra, and from being responsible for agriculture at the Northern Ireland Office, that actions taken to avoid fines are cheaper than paying the fines. Infraction by the EU, or the threat of infraction, has driven environmental policy in this country for 30 years on all the issues referred to by the noble Lord, Lord Krebs, whether it is clean beaches or better water quality. Without the threat of a fine, an ultimate sanction that cannot be levied by the Supreme Court in this country, no action would be taken. This, therefore, is a very modest proposal to try to protect against some of the pressures that necessarily come from the economy, the Treasury and business on the environment. Who speaks for the environment? We had better all speak for the environment —without it, we are all sunk.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support the amendment of the noble Lord, Lord Krebs. He laid it out extremely well, but I cannot resist adding to his comments. I say, first and foremost, that this has nothing to do with Brexit, nothing to do with exiting the EU; it is all about British institutions. Quite honestly, I take deep offence at the disgraceful contribution just now. I voted to leave; I very much want us to have a successful Brexit, but for me a successful Brexit is a green Brexit. It is also about the Government honouring their promises to move all European law over. In my view, this is the most important amendment that we have considered in the whole passage of the Bill. This House has the opportunity today to secure our world-class environmental protections that have come about through our membership of the EU.