European Union (Withdrawal) Bill Debate

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Department: Scotland Office
Lord Hope of Craighead Portrait Lord Hope of Craighead
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My Lords, this is the last of my little groups of amendments. I will also speak to Amendments 284, 298 and 300 in this group, which all relate to what one finds in Schedule 2. This point goes back to what we discussed a little earlier about the difference between “consent” and “consult”. In the existing provisions in paragraph 16 in Part 2 and paragraph 25 in Part 3, which deal with the power of devolved authorities to make provision,

“for the purpose of preventing or remedying any breach of the WTO Agreement”,

that power may be exercised only with the consent of a Minister. The simple point I make in my amendment is—I am sorry: it is rather important that the Minister hears what I am going to say. I will be happy to wait for a moment, if the noble Lords would like to confer. Would it help? I can wait for a second.

Lord Taylor of Holbeach Portrait Lord Taylor of Holbeach (Con)
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Please continue. We have said all that we need to say.

Lord Hope of Craighead Portrait Lord Hope of Craighead
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Thank you very much.

I want to explain to the Minister that the point is a very simple one about the difference between “consent” and “consult”, which we have already been discussing. I do not need to elaborate on the point that each of these amendments seeks to substitute in a revised formula a consent mechanism in place of the provision in the Bill, which is all about consultation. In a sense it is a probing amendment because I do not see why, for the moment, the existing situation where these things are done with consent should not operate in these contexts too. I moved the amendment so that the Minister can explain the position—I hope quite briefly—so that we can move on to what we are all looking forward to: his amendments on Clause 11. I beg to move.

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Viscount Ullswater Portrait The Deputy Chairman of Committees
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I think the Contents have it.

Lord Taylor of Holbeach Portrait Lord Taylor of Holbeach
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My Lords, perhaps I may explain. An Urgent Question has to be repeated at about 6 pm. Rather than have that at a ridiculously late hour, we will adjourn the House until 6 pm. That will provide an opportunity for noble Lords to get refreshment and then we will be able to deal with the next group in toto and without interruption. I think that is the right way to go about it. I have discussed it around the Chamber, as the noble Lord will know.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock
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My point is that we are all here. We have been taking part in a debate. Everyone who wants to take part in the next group is here and it seems sensible to continue. I do not understand.