My Lords, we welcome back my noble friend Lord Puttnam, who has been too far away. He has just been trying to finance a film, so he speaks with some detailed recent knowledge on these matters. He makes a broader point which is that the losses we are incurring as a result of these changes are very significant indeed and are not taken into account in any of the costings we have seen on the table so far.
We have had a number of contributions. The noble Baroness, Lady Bowles, was right to remind us of the fundamental Paris Convention of 1883—soon to be updated, I think—which will possibly have a larger role to play in the post-Brexit scenario, should there be one. We have to build into that the very odd demarche taken by the Government in this SI, which is to solve a problem caused by the country losing the ability to trade in the way that my noble friend Lord Puttnam has said across all boundaries and simplifying all the arrangements by bringing in an additional right for those who are trading into the UK from outside when it is not at all clear, and almost certainly not the case, that the UK in a separate environment will be offered that. I do not really follow the logic of that. It came
up, as was said, in an earlier SI. I would be grateful if the Minister could respond with a bit more context on why this generous gesture, very asymmetric in its approach, is being made now and in a way that will complicate any future negotiations and discussions.
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I have two further issues, one of which was mentioned by the noble Baroness, Lady Bowles, which is that there are some complicated transition arrangements outlined in the Explanatory Memorandum. Paragraphs 7.10, 7.11 and 7.12 make reference to some of the problems that will occur with court cases being considered at the time of exit. The different EUTMR regulations and the proceedings and rules for that do not sit well with the existing arrangements in the UK. I do not think it needs a detailed response today, but I would be grateful for a note on that when the Minister comes to consider whether he might write to us. As for the continuing role of the ECJ on such determinations—particularly when cases have to be raised in two territories, as noted by the noble Lord, Lord Clement-Jones—how are these going to be resolved? Have they any plans for how that might happen in practice? I look forward to hearing his response.