Trade Act 2021 (Power to Implement International Trade Agreements) (Extension to Expiry) Regulations 2025

Lord Lansley Excerpts

Monday 10th November 2025 Grand Committee

[The Minister of State, Department for Business and Trade and HM Treasury (Lord Stockwood) (Lab)]

My Lords, these draft regulations authorise the enactment of Section 2(10)(b) and Section 2(11) of the Trade Act 2021 and extend the power within Section 2(1) for a further period of five years. I was pleased to see the SI pass through the other place, and I look forward to this debate.

The extension is not just a procedural necessity; it is a strategic imperative that will ensure that the United Kingdom remains agile and responsive in its trade relationships with key global partners. It will enable the Government to continue with their ambitious trade programme with minimal disruption and ensure that key trade agreements that bring jobs and growth to all parts of the UK can be implemented in a timely manner.

Before going any further, I will take this opportunity to provide some further context, for which I turn back to Royal Assent of the Trade Act on 29 April 2021. As noble Lords will no doubt remember, this was a landmark piece of legislation that included a power for the UK to domestically implement trade agreements that it signs with economies that had a trade agreement with the EU before exit day. The power enables Government Ministers, the devolved Governments, Scottish and Welsh Ministers or a Northern Ireland department to make regulations via secondary legislation to implement non-tariff provisions for these types of trade agreements.

The original breadth of this power prompted rightful concern from the House, resulting in the Government at the time eventually conceding a number of safeguards. One of these was to include a sunset provision that would cause the power in Section 2(1) to expire at 11 pm on 31 December 2025 unless it was extended for a further period of five years via an affirmative statutory instrument.

Since taking office, this Government have made great strides in negotiating several agreements that require the implementation power of Section 2(1) beyond the expiry date. The power may also be needed for the ongoing management of existing arrangements, an example of which is to facilitate changes to the wholesale rates set out in an annexe to the EEA EFTA-UK free trade agreement.

The importance of being able to implement the finalised outcome from negotiations cannot be stressed more highly. Not only is it essential for businesses that operate and trade under the newly negotiated terms, but it is important that the UK is seen as a reliable trading partner that upholds its commitments. Without Section 2(1), this becomes increasingly difficult. Furthermore, Section 2(1) has been used to domestically implement such agreements and in future may be used for the ongoing maintenance of existing agreements.

Given the various ways in which it is likely to be needed, extending the power of Section 2(1) is the most prudent approach. We have deemed it necessary for a five-year period, not only to maximise cover but to militate against unforeseen issues that might need correcting via domestic legislation during the ongoing management of our negotiated agreements.

In practical terms, we anticipate that the extension of this power may be used to enable the effective implementation of forthcoming trade agreements with key partners such as Switzerland, covering £45 billion-worth of trade, and Turkey, for £28 billion in trade. These deals, when they enter into force, are poised to deliver further significant economic benefits to the United Kingdom by unlocking new markets, supporting jobs and driving growth across the country. This power will allow for the swift implementation of aspects of trade agreements with countries that had a trade agreement with the EU prior to the UK’s exit from the EU.

Before I conclude, I will offer some reassurances around this power. Any agreement implemented with this power and within scope of the Constitutional Reform and Governance Act 2010 would still be required to complete the usual pre-ratification scrutiny, as well as the non-statutory parliamentary scrutiny and transparency commitments that this Government have put in place. Furthermore, all the safeguards put in place in the original Act will continue to be maintained. We will maintain our safeguards of ensuring that the power cannot be used to reduce UK standards in the fields of the protection of human, animal or plant life, or animal welfare, environmental protection, employment and labour, data protection, and the protection of children and vulnerable adults online. Regulations concerning healthcare services must be consistent with maintaining a publicly funded healthcare service. For these reasons, I hope colleagues will be supportive of this measure. I beg to move.

[Lord Lansley (Con)]

My Lords, I thank the Minister for introducing these regulations. This is my opportunity to express a personal welcome to him on his new ministerial responsibilities. I hope he enjoys them. For those of us who are veterans of the Trade Act 2021, such as the noble Lord, Lord Fox, and I—perhaps the noble Baroness, Lady Bennett, also counts in that category—the abstruse nature of the debates that we take part in can always be characterised as having a certain fellow feeling and enjoyment. This debate will doubtless be one of them.

As veterans of the Trade Act 2021 will recall, Section 2(10)(b) confers the power to extend the operation of the Act by a period of up to five years from IP completion date—31 December 2020—and, on more than one occasion, as specified under Section (2)(11). The Act provides for the powers to implement “an international trade agreement” or “a free trade agreement”, but it applies only to agreements to which the European Union and a counterparty were signatories prior to exit day—31 January 2020—so it applies only to those agreements that we referred to at that time as continuity agreements.

Those involved in the original legislation will recall that the regulations were expected to apply principally to procurement agreements and mutual recognition agreements for conformity assessments, as well as similar agreements known as agreements on conformity assessment and the acceptance of industrial products. That was in reference to what my noble friend Lord Grimstone—he of the famous Grimstone rule—enunciated in the passage of that legislation on 29 September 2020. I think it is correct to say that, since the passage of the Procurement Act 2023, further powers are available separately to the Government to include further countries to have access to the government procurement agreement by adding to the list in Schedule 9 to the 2023 Act, so there should be no further need for regulations under the Trade Act 2021 in relation to procurement.

I do not believe the same is true for mutual recognition agreements. One can see that powers in the Act have been used for this purpose. I found three: SI 2021/730, which was the mutual recognition agreement for the USA, Australia, New Zealand, Canada, the Republic of Korea and Japan; SI 2021/1332, which extended the Canadian agreement to construction products; and SI 2022/1400, which applied to Switzerland. Are those powers still needed? I conclude yes, in so far as I can see there are three continuity agreements that include the potential for a mutual recognition agreement or an ACAA, but where such agreements have not been concluded between the European Union and those counterparties. They are the association agreements between the European Union and Ukraine, Moldova and Georgia respectively. Will the Minister say what, if any, ongoing work is being conducted to reach any agreement with any of those three states, or am I correct in thinking that we would implement such an agreement only if or when an MRA or ACAA is concluded between the European Union and one of those states?

I have one further question. Is it the Government’s intention to legislate for a power to implement mutual recognition agreements in free trade agreements in the future? The Trade Act applies to continuity agreements only, and clearly there is a wider question. Will the Minister explain what we might agree with Switzerland or Turkey that is covered by the Trade Act 2021 and regulations under that Act? I am not sure I understand what that would be.

Going outside continuity agreements, the UK-India agreement includes commitments to work on the joint development of technical regulations and can include the acceptance of conformity assessments, but it is not a full mutual recognition agreement. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership states, at Articles 8.5 and 8.6, that each party shall give positive consideration to accepting the results of conformity assessment procedures conducted in the territory of another party and may do so through a mutual recognition agreement; and that, at the request of another party, a party shall enter negotiations for the conclusion of agreements for the mutual recognition of the results of conformity assessment procedures. Among the member states of the CPTPP, Japan, Canada and New Zealand already have mutual recognition agreements in place with us, but other countries may request them. I take this opportunity to ask whether they have done so. On the assumption they have not, were they to do so, would the Government consider implementing legislation for the purpose of bringing mutual recognition agreements into force through statutory instruments, rather than waiting for primary legislation for the purpose?

The conclusion I reach is that these regulations may be needed, if for no other purpose than that the European Union might fast-track agreements with Ukraine and Moldova, although probably not Georgia for the time being. If they are fast-tracked towards EU membership and would be compliant with conformity assessments for industrial products, we may arrive at a situation where we could extend our continuity agreements with them in like fashion. I therefore see the purpose, potentially, for an extension for the next five years.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I join the noble Lord, Lord Lansley, in thanking the Minister for the introduction and repeat his welcome. It is a great pleasure to follow the noble Lord, Lord Lansley, who led us so skilfully and bravely through some truly obtuse bits of the Trade Act in 2021, including questioning his Front Bench very strongly. I will aim not to be obtuse and to be brief. Just the existence of this SI reraises some of the big questions that we discussed in 2021 in the context of what has happened since then.

--- Later in debate ---

[Lord Stockwood (Lab)]

I thank the noble Lord for his follow-up question. This Government are trying to go beyond the statutory requirements.

The noble Lord, Lord Fox, asked this question earlier: is CRaG inadequate in the modern context? I will go away and read the report so that I have a further written answer for him, but I come back to the idea that CRaG provides an effective and robust framework for the scrutiny of treaties that require ratification, including free trade agreements. Although it was formally legislated for in 2010 under the previous Labour Government, its origins date back more than 100 years. Under CRaG, the Government must lay relevant treaties before Parliament for 21 sitting days before it can ratify them. Parliament has the power to prevent ratification; in the case of the House of Commons, it can do so indefinitely.

In line with the Government’s commitment to transparency, we have gone well beyond the statutory requirements for CRaG and provided comprehensive information to Parliament to support its scrutiny of our trade policy approach. In addition, no trade agreement can in itself alter our domestic legislation, and any changes to our UK legislation that are required for trade agreements will need to be scrutinised and passed by Parliament in the usual way. However, I take the noble Lord’s comments on board; we will come back with a fuller answer.

On the noble Lord’s other points, which were about protections in trade agreements for human rights, animal welfare and the NHS, as I have said, preserving our world-class standards is a priority. We will not compromise them in our trade policy. Regulations 2, 5 and 7 contain safeguards in the areas mentioned by the noble Lord, Lord Fox; we will ensure that they are upheld. None of our FTAs, which are not covered by this power, has undermined our NHS or domestic standards. Parliament has debated this matter at length in its debates on the Australian FTA, the New Zealand FTA and our ascension to the CPTPP. Both required primary legislation.

The noble Lord, Lord Hunt, asked a question about devolution. DBT Ministers wrote to their counterparts in the devolved Governments on 11 August 2025 to inform them of our intention to lay this SI before Parliament. In keeping with our commitment to transparency, we also shared a draft version of the SI for comment. In addition, we committed to maintaining the safeguards around the Section 21 power, as laid down in the Trade Act 2021.

On the question about the use of this SI’s power, before laying the SI, the Government reviewed whether the circumstances were such that the power in Section 2(1) ought to be extended; this provided an opportunity for the power in Section 2(1) to be reviewed. It was HMG’s conclusion that an extension to the power would be necessary. It is possible that the power in Section 2(1) may be relied on to enable the effective domestic implementation of major forthcoming trade agreements with key partners, such as Switzerland and Turkey, but also for the ongoing maintenance of existing agreements.

[Lord Lansley (Con)]

The Minister has again referenced Switzerland and Turkey. Let us leave Switzerland to one side because there is a pretty comprehensive continuity agreement between the European Union and Switzerland, which we have replicated.

Where Turkey is concerned, I want to stick with the question of mutual recognition agreement on conformity assessments. As I understand it, the European Union’s agreement with Turkey does not include a mutual recognition agreement on conformity assessment, although the negotiations between the United Kingdom and Turkey around an extension of a free trade agreement in future might include such a thing; we do not have to decide whether it would or would not. If such an agreement were entered into with Turkey, that would create an agreement with Turkey beyond the scope of the agreement that constituted the continuity agreement because it would include something that was not in the original continuity agreement with the European Union. My question is, therefore, very simple. The Minister does not have to answer it now; he can take it away and have a think about it. If we were to agree with Turkey something that was not in the European Union-Turkey agreement and, hence, not in the continuity agreement that we signed way back in 2021, could it be implemented under the Trade Act 2021 or would that require additional primary legislation?

[Lord Fox (LD)]

We could extend the same question to the situation with Korea, where my understanding is that the current continuity agreement is being rolled over again prior to the negotiation of a new deal. Were a new Korea deal to be negotiated, the question would be the same as the one put by the noble Lord, Lord Lansley.