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Trade Bill

I thank the noble Baroness, Lady McIntosh, for her introduction to this group of amendments on the Trade and Agriculture Commission. We very much see this as unfinished business from the Agriculture Bill, a not entirely satisfactory outcome to the issue of food standards. A proper recognition of the maintenance of the United Kingdom’s food standards should have been inserted in statute through that Bill rather than just having it as a manifesto commitment. However useful as a mechanism, the TAC cannot block a trade deal that may lead to a lowering of standards. We see this as not entirely good enough, yet the Government are now agreeing that they should, and could, have brought this body into existence at any time, and they are doing it more proactively. With the outcome of the statutory enshrinement of a TAC, together with added improvements through other amendments, we can understand and agree that the non-regression of standards could be said to have been delivered. However, anxieties exist about the Government’s full commitment to the Trade and Agriculture Commission. As a method to monitor food standards and trade deals it is very precarious, but there are many crossovers and references to other amendments and we concede that, in conjunction with those, this is a satisfactory way to proceed at the moment.

Amendment 7, paired with Amendment 44 which introduces a new schedule, in the name of the noble Baroness, Lady McIntosh, and other noble Lords, has

many similarities to the discussions in debates during the passage of the Agriculture Bill. If the noble Baroness will forgive me, the amendment would pre-empt the Government’s amendments, to which I will give more detailed attention, as the Government have already signalled that they will agree to put the TAC on a statutory basis in this Bill. On that basis, I will examine their proposals. As the noble Baroness has outlined, the Government’s amendments are far from ideal, in many respects, compared to hers.

Amendment 31 sets up the TAC to be an expert body, with which we are in agreement, but it is rather silent on precise membership recommendations. Will the Minister outline, in his response to these amendments, how far this statutory body will reflect what already exists in its present, rather weak, form, especially regarding membership? During the passage of the Agriculture Bill, many noble Lords thought that that membership should have been extended to contain consumer interests as well as further food and nutrition interests.

Amendment 32 mirrors further discussions on the Agriculture Bill in that full and precise considerations should be shared with the devolved Administrations. The Minister may be able to give fulsome answers to this in his response to the previous amendment on how the present TAC is set up. We would rather answer the question of membership and its extension though Amendment 33, in the name of my noble friend Lord Stevenson. This extends the possibility of trade commissions being set up for any other industries as may become apparent and necessary through other trade deals which the Government may wish to enter into. We do not necessarily see that the agriculture industry should be unique in having its own carve-out in appreciation of the effect on it of trade Bills. I would very much welcome the Minister’s response to that. There could well be opportunities and circumstances in future trade deals where there may be a severe imbalance in their outcome on different industries, with one industry feeling more imperilled than another by the measures brought about by a future trade Bill. We would not wish a balance of benefits for one industry to played against the detriment of another’s sacrifice.

I turn to further specifics in the Government’s proposals. Our concerns begin to mount with Amendment 34, on the commission’s advisory functions. This proposes an immediate restriction to the process, brought in by amendments to the Agriculture Bill, regarding the functions of the Trade and Agriculture Commission. We find it rather alarming that, when the Agriculture Minister was answering for the whole Government during the passage of the Agriculture Bill, he was very much alive to the aspect of human health, and the implication for that of food, yet in another Bill, barely a month later, a Minister from another department wishes to contradict that.

However, I am glad to see that, through those discussions, Amendment 34 now allows the Trade and Agriculture Commission to report directly to Parliament, independent of the process which the Government had previously been reluctant to stray from, by making the TAC report only through the Trade Committees of the Commons and your Lordships’ House. This gives

better recognition to its work and the importance that the greatest percentage of the UK’s population places on food standards being maintained, as well as on plant health, the environment and animal welfare.

We also have severe reservations about the Government’s Amendment 36, which repeals the advisory body barely three years after its enactment. That amendment proposes that the TAC’s provision, set up in primary statute, could then be repealed or severely altered by secondary statutory order only, as soon as its third anniversary. This would diminish the TAC and its prime process—being part of the parliamentary scrutiny of Trade Bills—which we thought the Government had agreed. It hardly allows the Trade and Agriculture Commission to consider all the new major trade deals which the Government may wish to enact, in addition to the rollover deals that the UK is inheriting through its previous membership of the EU. It is still unknown when, and at what speed, new international trade agreements with America and Australia could come through. Indeed, the Government could time those negotiations to come to fruition exactly as they were disbanding the TAC. That would be a tremendous mistake.

Having proposed the creation of the TAC on a statutory basis, it should now be allowed to gain experience and expertise, and to be taken seriously in that role. It should be able to undertake further research and investigations into agricultural and trade matters in addition to providing momentary comments on each trade deal that the Government may wish it to advise on. Will the Minister outline how the Government intend the TAC to function in this regard?

We have resisted further amendments to the Government’s clauses, especially to the period of only three years before it could be disbanded, and reserve the option of bringing further amendments, following any replies that the Minister may provide, at Third Reading. It is crucial, as the UK begins to undertake its own trade policy, for these matters to be dealt with appropriately and robustly for many years to come.