Treaty Scrutiny: Working Practices (EUC Report)

Baroness Donaghy Excerpts

Monday 7th September 2020 Grand Committee

[Baroness Donaghy (Lab) [V]]

My Lords, first, I congratulate the noble Earl, Lord Kinnoull, my noble friend Lady Taylor and my noble and learned friend Lord Goldsmith on their reports. They provide an excellent basis for the future if the Government are prepared to listen.

I am a member of the EU Select Committee and I chair the EU Sub-Committee on Services. I also chaired the former EU Sub-Committee on Internal Markets. We scrutinised a number of rollover treaties, such as those with South Korea and Switzerland, and experienced the weaknesses of the current CRaG Act procedures. The CRaG Act needs reform, even though the Government have stated that they are not minded to do it. I agree with the Constitution Committee’s conclusion that the current system of treaty scrutiny is “anachronistic and inadequate”.

An article in Parliament Research entitled Treaty Scrutiny: A New Challenge for Parliament, said that the CRaG Act

“relegates Parliament to a ‘weak form of sign off at the end of the process’.”

Parliament has a responsibility to develop its scrutiny capacity, even within the confines of the CRaG Act. This House has responded with the setting up of the International Agreements Committee, which will aim in principle to be open and transparent and will have a good chance of securing time for debates on significant treaties.

We have had warm words from the Government about drawing on the extensive experience and expertise of both Houses, but we should not be used just as a reference library. Treaties, whether on trade, the environment, protecting our public health service or jobs and employment standards, directly affect our daily lives, which is why parliamentary scrutiny and accountability are so vital. It is also why keeping faith with the devolved Administrations is so important. They have a legitimate interest in any agreement reached on their behalf in terms of both policy and devolved competencies. It might just help to keep the United Kingdom together.

The content of future treaties is for another debate. However, the House might be interested to know that one of the witnesses to the Internal Markets Sub-Committee produced a complete table of contents of modern free trade agreements—a massive piece of work. Countries bind themselves to various restrictions, standards or regulation in order to reach a deal. We should remember that when we hear all the stories of the UK freebooting on the high seas.

Incidentally, all such treaties contain some reference to level playing fields or non-regression clauses. Disguise it as you will, any Brexit deal will have to cover this—as will all other treaties. The irony is that we are applying for membership of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, where the UK will be expected to conform to some kind of restrictions on standards, dumping or dispute resolution. If it is half a world away, it is okay; if it is a country within half a day’s travel, apparently it is not okay.