My Lords, in moving Amendment 92B, for which I have the welcome support of the noble Baroness, Lady McIntosh of Pickering—it is nice to get the support of a Scots advocate for this amendment—I will speak briefly about a matter I raised in Committee relating to Clause 40. It concerns powers for the Secretary of State
“to make regulations for securing compliance with WTO Agreement on Agriculture”.
As presently drafted, there is no requirement in the Bill for the Secretary of State to consult any parties prior to making regulations under this clause. The purpose of this amendment is to impose a requirement on the Secretary of State to consult relevant stakeholders if making regulations under this clause.
As I have highlighted on other aspects of the Bill and previously, it is important to provide an additional layer of scrutiny of the Government’s actions by stakeholders who have a direct interest and a relevant responsibility. This is particularly pertinent, with respect, given the Government’s lack of formal consultation during the ongoing trade negotiations and their seemingly taking action behind closed doors. Incidentally, I wonder what has happened to the joint ministerial committees, which were set up to ensure consultation between the UK Government and the devolved Parliaments and Governments.
The requirement I am seeking, to consult on intended regulations under this clause, will help to ensure openness and transparency and also ensure that any draft regulations are exposed to critical comment from stakeholders. That might actually improve the instrument. Perhaps the Government do not fully appreciate that such scrutiny is not always critical; it can be helpful.
Looking more widely at the WTO provision in the Bill, I understand that the Scottish Government intend to recommend that the Scottish Parliament withhold consent to amended provisions. While I understand that Scottish government officials are content with the amendment to Clause 42, it is almost irrelevant, as the Scottish Parliament’s consent to the whole of Part 6 of the Bill is required. With no more amendments to that part of the Bill, consent is likely to be withheld. Therefore, I ask the Minister whether the Government will now consult the Scottish Government to try to
ensure that this consent is not withheld. It would be much better to go forward with agreement than with conflict. I beg to move.