My Lords, I have a lot of sympathy with the points made by the movers of this amendment in their powerful speeches. What they propose ticks a lot of boxes. It is fair to say that, as we have just heard, this is closely modelled on the Trade and Agriculture Commission, and it may therefore suffer from some of the problems it has encountered in recent hours, let alone days. However, taken together, it is a bit surprising that those who drew up these proposals think that they are necessary, given that the intention behind the Government’s move is presumably to try to make sure that this whole area is tidied up and organised in a way that minimises the number of quangos and additional bodies that they have to consult, and gives them as much authority and freedom of movement as they would want in carrying out their negotiating mandates. That is of course what happens under the royal prerogative.
I took from the noble Baroness, Lady McIntosh, that this is really about trying to concretise the Government’s commitment—which they have made on many occasions, as we have heard—to our high environmental, labour, food production and animal welfare standards, and to protect our public services. A permanent commission, set up in the way that she talked about, adequately funded and properly located within the corridors of power, could contribute to that and allow a continuing review of how the Government are operating. Whether or not it is effective, I will come to in a minute.
I thank my noble friend Lady Henig for making the case for leading with our high standards. Despite the contention of the noble Lord, Lord Lansley, surely we should be saying to the world that we are proud of our high standards and that we challenge those who want to trade with us and access our markets to match us in every aspect, or to persuade us to raise them even higher. If that means that we cannot do trade deals with countries that cannot match our standards for imports, then that is the situation, as the noble Lord, Lord Purvis, clearly pointed out. It does not change things, and in any case, it is a good thing.
Further to the point made by the noble Lord, Lord Purvis, if it is true that food standards are set by secondary legislation—and, as he suggested, even by agencies responsible under the primary legislation to have power to change regulations—then, as my noble friend Lady Henig says, we do have a lower standard of scrutiny here. We have an obligation to do something about it. The question is what. I would prefer to see a firm commitment on the face of the Bill which sets our standards in a way that does not permit anyone to change them without full parliamentary scrutiny.
Can we see a way forward? I think we can. From what I have heard from the Minister so far today and in discussion with him, I am positive that we might be able to come forward with something. I would be happy to meet him, during the pause, to progress it. In the interim, I do not think that this amendment has got quite the essence that we are looking for. I believe that it would be perhaps better to focus more on other amendments that come forward.
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