My Lords, it is a pleasure to follow the noble Lord, as always. I am glad he asked his questions because they are very pertinent. I slightly regret his reminding me that I have spent just about half of the time I have been in this House covering a Trade Bill. The gestation period of this Trade Bill seems extraordinarily long. It has even managed to spawn an offspring: a baby Bill that we now have to cover in a rushed way. It is quite extraordinary, really. As the noble Lord said, perhaps it may fly the nest by the end of January.
I read the Hansard from the debate in the Commons and in many respects the Minister rephrased what the Minister in the Commons, Greg Hands, indicated for it. I will turn to that, but our Minister made two interesting references that indicated that both the substantive areas had received substantial scrutiny in both Houses. A reader of Hansard would not have realised that the government amendments were withdrawn in Committee because of the very valid questions put. As the noble Lord, Lord Lansley, indicated, there are still some questions.
That said, if the Government believe very strongly that these powers will be absolutely necessary on 1 January, they should have them. However, I remind
the House that these are powers that the Government did not realise they needed, and they could not even draft them properly when they did. Now they do know that they will need them at the end of the year, they are having to rush them through. They will then be superseded by the longer-term powers.
During the course of the Trade Bill, the Minister said that the whole Bill was necessary on 1 January. We now know in much clearer terms, from Greg Hands’s speech and the Minister’s contribution, exactly why they need that. To quote the Minister, it is
“to mitigate any temporary friction”.—[Official Report, 16/12/20; col. 312.]
We now know what that means. After months of warnings during the Trade Bill that the Government were not ready for its border operating model, and months of them saying, “We are ready and it will be ready”, we now know that it is not. The Minister said that we are regaining control of our borders. This Bill demonstrates that they are not in control. Only now, with four working days before the end of the year, have they realised that they need these powers.
It is valid that the Government will have the borders operation centre—what could be termed “a crisis centre”—ready; I do not deny that. We have been calling for such a centre for months, but the Minister has been saying that it was unnecessary because it was going to be smooth, businesses were prepared and there had been plenty of time. At the Dispatch Box, the noble Viscount, Lord Younger of Leckie, said that businesses had no excuse for not being ready because they had been given all the information. We now know that there is a crisis centre that must be operational. The Government did not even know that one member of this crisis operating centre from one agency did not have the legal power to share information with someone sitting next to them in the operating centre from another department. It is literally extraordinary.
The Government also said that it was, to quote Greg Hands,
“to identify and resolve the root cause of disruption.”—[Official Report, Commons, 16/12/20; col. 313.]
I think we know what the root cause of disruption is; nevertheless, if this is to ensure that there is not a crisis built on chaos at the border, then yes, and if it ensures that security is maintained and vital goods are processed, as the noble Lord indicated, then yes, this information should be authorised to be shared.
There is one outstanding issue. I thank the Minister for responding to the points raised in Committee, and some of the changes to the measures in this Bill reflect that the Government listened in Committee, especially regarding the consultation with the devolved authorities. I welcome that, and that yesterday the Welsh Senate, and now the Scottish Parliament, have provided approval, which I welcome.
The Minister said that Northern Ireland engagement is ongoing. As I understand it, the measures in the Bill are required for all United Kingdom ports for the operation of the border operating centre for the whole of the United Kingdom. Am I to understand that the measures in the Bill will not be operational for considering the impact of Northern Ireland ports? Can the Minister confirm that there is no legal authority for information
to be shared with Northern Ireland Ministers or between Northern Ireland authorities and the UK Government on 1 January? The Minister must clarify that, not least because of all the debates that we have been having about the preparedness of businesses and what they need to know about the procedures in Northern Ireland. His clarity on that would be welcome.
One point still outstanding concerns Clause 2 and the public authorities sharing information. The Government have indicated that this is a vital reason why they want this legislation to go through. This is for strategic highway companies or port authorities to provide the information to the centre on the smooth operating of our ports. The point that I raised in Committee, which has not been addressed, is that under Clause 2(3)(c)
“a strategic highways company appointed under section 1 of the Infrastructure Act 2015”
covers only England and Wales. It does not cover Scottish highways. Similarly, in Clause 2(3)(d)
“a port health authority constituted under section 2 of the Public Health (Control of Disease) Act 1984”
does not cover Scotland. Does the duty that is now, as the Minister said, “vital”, cover Scottish highways to Scottish ports and, indeed, Scottish ports? I welcome that the information will be shared with the Scottish Government and the Welsh Government, but I am curious as to why that power does not enable Scottish highway operators or ports. If they are all under the aegis of Scottish Ministers, it would be helpful if the Government could clarify that.
Finally, it is a sad state of affairs that we are spending the last day before the recess, potentially before we are recalled to scrutinise a very large piece of rushed legislation, rushing through this legislation. The news yesterday and today that, of all companies, Hornby has halted exports from the United Kingdom because of the uncertainty and the mess at the borders, and that one of our premier clothing companies, Jigsaw, is halting exports to Europe, shows that the harm being done by the confusion, and the likely disruption, is not to foreign importers to the United Kingdom but to British exporters out of the United Kingdom.
I end by quoting Lyndon Davies, Hornby’s chief executive, in the Guardian:
“I’ve seen the Gulf war, Falklands war, three-day week, crashes on the stock market—after all these things there are issues. All we’re asking is, tell us what is going on. We’re forced into a position of saying, ‘what is the point of going through the pain of all these orders?’ What the world of business has to do is sort out the mess and the carnage of what’s left.”
That is one hell of an indictment of the position that we are in, for, as the Minister said, “regaining full control”. Before we come back and before we sunset this piece of legislation, to be covered in the next trade Bill, can the Minister clarify that our ports and borders are ready, because Hornby, Jigsaw and others are clearly indicating that they are not, and that the big cost is to British businesses?
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