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Moved by

Lord Lennie

1: Clause 1, page 1, line 10, leave out subsections (2) and (3)

Member's explanatory statement

This amendment prevents regulations being made in relation to cases falling outside the scope of procurement Chapters of the FTAs.

Member
Lord Lennie (Labour)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 c24
House
House of Lords

My Lords, Amendment 1 would prevent regulations being made in relation to cases falling outside the scope of the procurement chapters of the free trade agreements. The noble Lord, Lord Purvis, will speak to Amendments 6 and 19 in this group.

Amendment 1 would remove subsections (2) and (3) from Clause...

Member
Lord Lennie (Labour)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 cc24-5
House
House of Lords

My Lords, I will speak to Amendments 6 and 19 in this group. The questions posed by the noble Lord, Lord Lennie, in moving Amendment 1 are very sensible. I look forward to the Minister’s reply.

According to today’s press, we are now 15 years behind on the commitment that we...

Member
Lord Purvis of Tweed (Liberal Democrat)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 cc25-6
House
House of Lords

My Lords, three important issues arise from the limited number of amendments here, and I want to say something about each of them.

I shall start with the last amendment, Amendment 19. The noble Lord, Lord Purvis of Tweed, referred to the debates on the Procurement Bill, in which many of...

Member
Lord Lansley (Conservative)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 cc26-9
House
House of Lords

I am very grateful to the noble Lord; as usual, he is extremely perceptive. The point I am seeking to make is that, under the GPA, subcentral and regional bodies are covered. We have existing arrangements under the previous EU rules for subnational bodies, and we currently have subnational special...

Member
Lord Purvis of Tweed (Liberal Democrat)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 c27
House
House of Lords

Well, obviously, if we were in the course of further discussions through the Joint Committee arrangements on the free trade agreements to modify the agreements so as to reduce the thresholds, I imagine that there would be some benefit to our businesses—but that is not the position we are in...

Member
Lord Lansley (Conservative)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 c27
House
House of Lords

My Lords, I am delighted to be speaking in what is my first Bill Committee in your Lordships’ House. I start by saying how grateful I am for the engagement that I have had with the noble Lords, Lord Lennie and Lord Purvis, since Second Reading of this important Bill....

Member
Lord Johnson of Lainston (Conservative)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 cc27-31
House
House of Lords

I am grateful to the Minister for giving that information. I would just like to get this clear in mind. If a local authority in the UK—a combined authority, say, or subnational authority—sets its procurement scheme, operating under the Procurement Bill, at the £213,000 level, which is 200,000 SDRs, it...

Member
Lord Purvis of Tweed (Liberal Democrat)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 c31
House
House of Lords

I thank the noble Lord. I am not 100% clear on the point he is making. Thresholds are set at whatever is negotiated. Any contract above the level of the threshold is protected from discriminating or unfair practices. Any contract below the threshold is not protected in the same way,...

Member
Lord Johnson of Lainston (Conservative)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 c31
House
House of Lords

I will not pursue the point much further, but as we discussed during the Procurement Bill, one of the points about thresholds

is that companies will not know that the procurement exists; they can be exempted as far as the Procurement Bill is concerned—that is the point of the thresholds....

Member
Lord Purvis of Tweed (Liberal Democrat)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 c31
House
House of Lords

I thank the noble Lord. As I say, this does not change the process in any way. It is simply about protection for people bidding for contracts. In terms of advertising for contracts, the UK threshold levels remain the same—whatever they may be, given the various national or subnational governmental...

Member
Lord Johnson of Lainston (Conservative)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 cc32-3
House
House of Lords

Before the Minister sits down, I ask for a final point of clarification and then I will shut up on this group. If the Bill passes, does that mean that we have implemented our domestic legislation in order to say to the Australians and the New Zealanders, through a diplomatic...

Member
Lord Purvis of Tweed (Liberal Democrat)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 c33
House
House of Lords

I thank the noble Lord for his comments. This is one reason why we are pressing ahead with the Bill: it is part of the process that will lead to the agreement coming into force. I will cover this later in Committee, I am sure, but there are other legislative...

Member
Lord Johnson of Lainston (Conservative)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 c33
House
House of Lords

Before the noble Lord sits down, can I ask him about his reassurance to the noble Lord, Lord Lennie, on Amendment 1? He said we need not worry about Clause 1(2) because Clause 1(1) can be used only in cases arising from these two trade agreements. I think I follow...

Member
Lord Kerr of Kinlochard (Crossbench)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 cc33-4
House
House of Lords

I thank the noble Lord for that intervention. I think I have made my position clear that any concomitant actions following on from this Bill will relate specifically to the matters necessary for bringing it into force. Pursuant powers—this is an important commitment—are very much linked to what we would...

Member
Lord Johnson of Lainston (Conservative)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 c34
House
House of Lords

My Lords, the problem is that the Bill does not say that. That is the point being made by the noble Lord, Lord Kerr. I thank noble Lords who have spoken: the noble Lord, Lord Purvis, on his two amendments and the noble Lord, Lord Lansley, for a lot of...

Member
Lord Lennie (Labour)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 c34
House
House of Lords

Moved by

Lord Lennie

2: Clause 1, page 1, line 15, at end insert—

“(3A) Regulations under subsection (1) may not be made before completion of such public consultation as the appropriate authority considers appropriate with the relevant—

(a) Scottish Ministers,

(b) Welsh Ministers,

(c) department of the Northern Ireland Executive, and

(d) representatives of the English...

Member
Lord Lennie (Labour)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 c34
House
House of Lords

My Lords, this amendment would require a consultation before regulations implementing the procurement chapters could be made. It would require that consultation to involve the relevant Scottish Ministers, Welsh Ministers, the department

of the Northern Ireland Executive, who are not currently sitting, and regional representatives in England, as the appropriate...

Member
Lord Lennie (Labour)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 cc34-5
House
House of Lords

My Lords, this has continued to be—and I am not just talking about the words we have exchanged today—a very important debate on devolution and the role of the devolved Administrations in our trade agenda. I am grateful for the interventions from the noble Lord, Lord Howell, and the noble...

Member
Lord Johnson of Lainston (Conservative)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 cc36-7
House
House of Lords

Before the Minister sits down, may I ask about the interaction of this Bill and the Procurement Bill and the commitments on consultation? We know that Clauses 1 to 4 of this Bill address devolved areas for Wales and Scotland, and that this Bill introduces the concurrent mechanism. The former...

Member
Lord Purvis of Tweed (Liberal Democrat)
Type
Proceeding contributions
Date
23 January 2023
Reference
827 c37
House
House of Lords