My Lords, I will speak briefly in support of the amendment in the name of the noble and learned Lord, Lord Hope of Craighead. Before I do so, I thank the noble Lord, Lord True, for his graciousness in coming to speak to the Common Frameworks Scrutiny Committee, which I have the privilege of chairing, and I follow my esteemed colleague the noble Baroness, Lady Ritchie of Downpatrick, in her speech.
The Committee has since taken evidence from Ministers and leading academics across Scotland, Wales and Northern Ireland. I have to tell the Minister that we have found no evidence whatever to support the Government’s claim that the Bill is complementary to the common frameworks. We have heard, time and again, of the deep anxiety on all sides that the Bill undermines them in principle and practice and that, most significantly, it will do serious harm to trust and confidence between the four Governments, as the House has already heard this afternoon. In the words of many witnesses, those relationships have never been worse. We have heard from those witnesses of many examples of how the common frameworks themselves, in pioneering innovative, collaborative ways of working across the nations, have brought a new common purpose and are, in that way, improving relationships.
My first question to the Minister has been asked already: is this not in itself a prize worth keeping? That unity of purpose which makes it possible for two systems to live together to make the internal market stronger and more innovative is at the heart of the amendment in the name of the noble and learned Lord, Lord Hope of Craighead, which he introduced, as usual, in a measured style and with devastating power. The amendment encapsulates both the principles and the purpose of the common frameworks as a means of managing the internal market, but in a rational and predictable way by managing the future divergent policy choices made by the four countries in a post-Brexit world, as they have for many years in the past.
Divergence is the signature and symbol of devolution and a mark of confidence in the right to make choices in each country, in law, which are appropriate to each nation. Doing that brings clarity and stability in the trade in goods and services across the internal market by agreement. The amendment simply asks the Government to change the Bill so that when the common frameworks have reached agreement on divergence, whether in goods or services, that is not demolished or overridden by the operation of the Bill.
No matter what examples the Minister gives, or whatever rationale he finds, this is the effect of legislation made in Westminster. Governments may be equal, but
Parliaments are not. The Minister may say that nothing is being taken away from the powers of the devolved Governments in these clauses, and he is right. The Bill does not need to do that. Its effect, however, is the same, because future legislation in Wales which would, say, have enabled the abolition of a further six types of single-use plastic—which is the ambition—would not be able to be put into effect as long as other manufacturers of plastic goods are able, as they will be under the principles of mutual recognition and non-discrimination, to bring their goods for sale in Wales.
I shall ask the Minister a direct question, and I would very much appreciate a direct answer. Was the Welsh Attorney-General right when he told the Common Frameworks Scrutiny Committee that the legislative preferences in the Senedd could not be enforced on the ground in Wales—that we would not be able to enforce the ban on the extra six plastic products if this Bill came into force? “Enforcement” is the key word. The noble and learned Lord, Lord Hope, was eloquent on how difficult is going to be for trading officers and the courts to know how to enforce it. There is no certainty here, yet certainty is at the heart of the Government’s argument. All this very modest amendment is asking is for the Government to acknowledge this and stop dodging this reality.
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As many noble Lords have said already, the far greater impact is what this Bill is doing to the principles of devolution and the future of the union. I have searched hard to find why the Government are taking such a provocative line that runs such risks. I had hoped we might have seen more of a thaw in Downing Street now the architects of chaos have been chucked out, but it seems Ministers are still in thrall to that toxic heritage.
It is clear, not least from recent government statements, that this Bill is seen as a purely commercial proposition. Its authors cannot see any ethical or political problems that cannot be ignored, dismissed or overridden. Ministers have told us that it is necessary to bring certainty but in reality, it is a dreadful combination of uniformity, imposed by the UK Government, and uncertainty. Where is the comfort for business there?
We are told that the Bill is necessary because it creates a coherent legal framework within which the common frameworks can sit, which is needed because there are gaps. But this very framework chokes the common frameworks off. Whenever we or anybody else have asked, publicly or privately, where the gaps are and why the common frameworks cannot develop to fill them, there has been a deep and embarrassed silence from the Government. We are told that the common frameworks are limited in scope, but when we ask why they cannot be expanded to cover what may be needed, since they have proven to be so flexible, we are again met by silence. Why will the Government not give the common frameworks the time and opportunity to prove themselves?
On Monday in this House, the Government set out their plans for the Queen’s Platinum Jubilee in 2022, which will be a fantastic opportunity to celebrate everything good about this country—its institutions
and communities, in all four nations. I find it profoundly sad and ironic that we should now be debating a Bill that will do more harm to the unity of this precious union of the UK than we can imagine, because it will become a symbol of the disrespect this Government have shown to the devolved nations. I would urge the Minister to read the evidence our committee has taken from those Ministers in Wales and Scotland who are profoundly aggrieved by the conduct of the Westminster Government—by the fact that 24 hours before this Bill was published, they knew nothing about it, and by the fact that every argument and piece of evidence for the damage it would do is brushed aside.
It is not too late for the Government to salvage this situation. The Minister has heard many persuasive arguments from many senior Members of this House already this afternoon. Ministers in this House are always trusted to do their best to prevent the worst consequences and to act on principle. This amendment offers the Government a dignified option that would remove the threat of a major national disruption. I have no doubt that the House will support the amendment this evening. I hope, with all sincerity, that the Minister can show some flexibility.