My Lords, I will vote to pass this appalling Bill only because the alternative of no deal is even worse. Let me expand
on one of the many inadequacies of the trade and co-operation agreement in the Bill: the provisions for environmental protection and climate change. One of the great achievements of the EU for the UK, apart from helping to secure peace in Europe, was the major improvement in environmental protection that were secured for citizens right across the UK and Europe as we worked together with European partners in the collaborative way that the noble Baroness, Lady Quin, described so well. The quality of our air and water, our biodiversity and climate change impacts all span national boundaries. We can choose to leave the European Union, but we cannot choose to leave the European bioregion.
The Prime Minister’s letter of 24 December asserted that the agreement
“delivers on our commitment to maintaining … environmental and climate standards”.
Surprise, surprise, the PM got that one wrong as well. The agreement certainly contains reciprocal commitments to high-level principles on environmental and climate change and on energy but alas, neither the agreement nor the Bill delivers adequate provisions for enforcing these commitments. Regression from European environmental standards will trigger any dispute mechanism only in situations where there is demonstrable impact on trade or an investment between the parties. We all know that previous trade agreements have shown how difficult that is to prove. Even if regression from standards sufficient to jeopardise trade was provable, an independent panel of experts would then be appointed to report on the alleged regressions. However, at his briefing yesterday, the Minister already confirmed that the findings of such expert panels would not be binding and the environmental principles in the agreement are “not an obligation”. I am sure that the Minister will say that the agreement requires each party to ensure competent domestic enforcement authorities and effective administrative and judicial procedures to ensure environmental standards. However, the debates on the new office for environmental protection in the other place raise major doubts about its powers, resources and independence.
Yet again, the Prime Minister has given expansive assurances about what the agreement and this Bill deliver for environmental protection and climate change, but they have been revealed to be baseless in a very few days. Can the Minister tell us how the fine assurances on high-level environmental principles and non-regression will be assured? Will he let the Prime Minister know, or is this just another collective EU achievement that we will have needlessly thrown away?
9.40 pm