My Lords, Amendment 26 is in my name and I thank the noble Baroness, Lady Finlay, for her support. This amendment would not only require Ministers to consult devolved Administrations in relation to trade matters but would provide a mechanism under which the procedures that flow from trade agreements would be dealt with in consultation, and with their consent. I shall also speak to Amendment 31, which is supported by the noble Baroness, Lady Finlay, and the noble Lord, Lord Bruce. Amendment 31 again deals with the question of consultation and would add a small section at line 40 of page 2 of the current Bill.
Amendment 50, which is also in this group, is a slightly different measure but an important one none the less; again, it is supported by the noble Baroness, Lady Finlay. Here, we try to bring forward for the consideration of the Committee the question of having a joint ministerial committee and the powers that it might need to discuss international trade issues in relation to the interests of the devolved Administrations. Before anyone in the Committee raises the question of
whether we are aware of what we are doing, we are well aware that Amendments 26 and 31 deal with continuity agreements but that Amendment 50, being a proposed new clause, in fact points forward to the new free trade agreements in which we hope the Government will be engaged, and would provide a mechanism under which these could be considered in the context of the interests and involvement of the devolved Administrations.
As with all the others in this group, these amendments are about strengthening and protecting our current devolution settlement. In common with most amendments in Committee, they are probing in nature, although I hope it will be agreed around the Committee that they raise rather big issues, some of which overlap with the internal market Bill, shortly to be received in your Lordships’ House. My noble kinsman, the noble and learned Lord, Lord Hope of Craighead, has raised many of the issues covered by these amendments regularly over the years, and I look forward to his contribution later in the debate—although I think that is now likely to be on Thursday. I hope very much that he will be able to attend then.
These amendments stem from the well-known Sewel convention, which has served the country well for many years. But the problem with the Sewel convention, now incorporated into many devolution Acts, is that it covers only primary legislation. It was founded on the principle, however, that UK Ministers would not normally seek to legislate in primary legislation for issues that were not reserved under the devolution Acts. But the question of whether it should or could be made to apply to secondary legislation is still open.
At Second Reading the noble and learned Lord, Lord Hope, asked for clarification, but I am afraid that he did not receive much from the responses at that time. So I hope Ministers will take the opportunity now to be clear why, if the powers, for example, to modify retained EU law are to be used by Ministers in the UK Parliament to amend legislation in devolved areas, there is no mention of this in the Bill or a requirement to consult devolved Ministers, let alone a clear commitment not to legislate without obtaining their consent. These probing amendments give the Minister the chance to resolve these matters, which are of pressing importance given the imminent elections north of the border and in Wales. I look forward to his response.
Amendment 50 takes the argument a step further, post the implementation period, in the sense that we currently have very little understanding of what happens if consultation has been carried out but consent has not been obtained from any or all of the devolved Administrations on any matter, including, of course, trade. I am sure the Minister is aware that this is an important issue in the Internal Market Bill where mutual recognition and non-discrimination issues are the key to the smooth running of our internal sale and resale of goods and services.
We urgently need a means of settling disagreements, one that commands confidence and trust, so Amendment 50 is a probing amendment but it points the way, I think, towards reforming and restructuring the present, informal arrangements for the Joint
Ministerial Committee in relation to international trade and gives it powers to approve mandates, receive progress reports and see the final agreements before they are ratified. The amendment is clearly complementary to Amendment 57, which is in my name, which deals with parliamentary scrutiny more generally and which is in a later group. I beg to move.