My Lords, I am grateful to all noble Lords who have participated in this debate, which illustrated the issues well. I am grateful in particular to my noble friend Lord Caithness and the noble Baroness, Lady Jones of Moulsecoomb, for their support.
The noble Lords, Lord Stevenson and Lord Purvis, and I have worked together. We are not insisting on the previous amendment sent. I want to be clear that we are looking for a reasonable compromise, but one which gives Parliament its say.
I make no criticism of the way in which the Government have gone about the processes of scrutiny and partnership with both Houses in relation to the continuity agreements, but we are about to enter the process of negotiating wholly new deals. That brings one forcibly to the question: should the Government enter negotiations with the confidence that at least the House of Commons has approved the negotiating objectives? On that, the quoted remarks of the former Secretary of State, who launched the previous Trade Bill four years ago, are relevant—he did not vote for Amendment 1 in the other place because there were other parts of it he did not agree with—so I think we can find a compromise that recognises that there is a democratic deficit which is best met by giving the two Houses a debate but, certainly, by giving a role in approving negotiating objectives to the elected House. That would strengthen the negotiating hand of government rather than bind it.
My noble friend Lord Grimstone was clear about all the ways in which the Government will work with the House, but by at one point saying “personally” I think he recognised the loophole that exists; namely, that if Ministers want to ratify a treaty without scrutiny and debate in the House, they can do it by laying a Statement under Section 22 of CRaG. If, however, they do not want to do that explicitly, they can allow 21 days to pass without a debate and ratify anyway. There is nothing in CRaG to stop them doing so. The purpose of this amendment is simply to close that loophole. If the International Agreements Committee in this House, of which I am privileged to be a member, or the International Trade Committee in the other place were to seek a debate, this amendment would provide that Ministers could not ratify the treaty prior to such a debate. If Ministers agree that there is such a loophole, I am afraid to say that they
should agree with the amendment. Disagreeing with the amendment and leaving the loophole open simply affords the possibility for mischief at some point in the future—maybe not by this Government but by another Government at another time.
The need for the other place to have an opportunity to look at this issue on the basis of a new, more restricted amendment on which we can reach a reasonable compromise gives us a basis for asking the other place to think again. I therefore seek to test the opinion of the House on Motion A1.