My Lords, we have had a good and wide-ranging debate today. I want to pick up on the speeches of the noble Lord, Lord Purvis, who introduced Amendment 6, which I have signed, and the noble Lord, Lord Lansley, whom I thank for his clear introduction to Amendment 12, which we also support. The noble Earl, Lord Caithness, is not a normal ally on many of the issues we have discussed in your Lordships’ House over the years. However, he made the point about the importance of trade so well that I wanted to endorse it. Trade is now central to our existence as a country and very important to the individuals who live here because it impacts on almost every aspect of our lives.
4.30 pm
The issues that have dominated this debate are interrelated with the three key issues that have been around since your Lordships’ House first discussed trade when considering the original trade Bill, but they are also separate. They are interrelated because they all rely on Parliament and the Executive co-operating in a constructive partnership, which I agree exists, to achieve the best outcomes for the UK, as has already been mentioned. The issues are: the non-regression of standards—dealt with in Amendment 22 and addressed in Amendment 12, proposed by the noble Lord, Lord Lansley; the scrutiny of trade agreements and the objectives, and progress made towards those objectives in the final texts; and the process of ratification. These issues are not so separate that they require separate approaches, but they point to different directions under different sources of authority. I believe that, with constructive partnership, the Government and those debating these issues today are not far apart, and it should be possible to get at least a working way forward, even if we cannot find the exact words we want today.
We must recognise that we are in a bit of a quandary. What we thought was a settled set of positions has turned out to be a moving target. A good example is the recent amendment of the Agriculture Bill during its progress between the other place and your Lordships’ House. Amendments were made which effectively support the non-regression of standards, at least in relation to agriculture and the environment. Clearly, that reads across to this Bill, and we will need to return to that issue when we consider Amendment 22. As the noble and learned Lord, Lord Goldsmith, said, a Written Ministerial Statement issued this morning offers greater reassurance regarding the practices and processes required under the present scrutiny and approval arrangements. However, these are not underpinned by statute and there are limitations in respect of some of the issues the Committee will want to raise with the Minister.
Given that we are slightly uncertain as to the Government’s position, how do we want to progress? Where do we want to go with these issues? I hope this
debate has revealed that there is a modest but good case for a 21-st century model for how we do trade. We are the only major democracy which does not allow Parliament a role—the noble Baroness, Lady McIntosh, made that clear in her résumé of the issues in play in other countries. If we do not do something at this stage, trade will be the only public policy area effectively off limits for the UK Parliament. That is unacceptable.
Amendment 6, as has been said, tries to engage with the Government’s red lines. It recognises the royal prerogative, but it is wise to bear in mind the point made by the noble and learned Lord, Lord Goldsmith, about not sacrificing our objectives and principles in pursuit of the royal prerogative. It has been challenged over the years and continues to be debated in relation to parliamentary sovereignty, which we all believe to be more important. Amendment 6 provides a schema that would give Parliament the effectiveness it currently lacks in reviewing and approving trade negotiations, and I commend it to your Lordships’ House.
However, that issue is best addressed by Amendment 12, which focuses on parliamentary procedures under the CRaG legislation. It includes a very important element which we have not debated sufficiently: an analysis of changes in domestic legislation if, as the noble Lord, Lord Lansley, said, that is required by a future trade agreement; and a requirement to undertake those changes before ratification, ensuring that the statute book is in order before we sign up and implement the deal negotiated for us. It looks very hard at the 21-day period of consideration but, in the spirit of partnership, does not challenge the Government’s wish to retain CRaG. However, it ensures that time is made available, not because the Opposition want to debate these issues, but because the Government do. As the noble Lord, Lord Lansley, said, it does not limit ratification in exceptional circumstances. It does the trick of trying to find a 21-st century model, without tearing up the existing position. We will support that amendment if the noble Lord chooses to test the opinion of the House at the end of this debate.
We are not trying to be too radical; we are trying to be fair and reasonable. As the right reverend Prelate the Bishop of St Albans said, we do not want to lag behind everyone else on transparency. There is a consensus for change. If we support Amendment 6 and vote through Amendment 12, we will get a long way down that track.