Trade Bill — House of Commons, 2018-07-17
Topic: Foreign Trade
George Michael Edward Hollingbery (Conservative, Centre-right): No, I am afraid I will not Finally, I thank my right hon. Friend the Member for Chelsea and Fulham (Greg Hands); my hon. Friends the Members for Chichester (Gillian Keegan) and for Gloucester (Richard Graham); and the hon. Members for Swansea West (Geraint Davies), for Nottingham East (Mr Leslie) and for Bath (Wera Hobhouse) for their contributions to the debate Question put and agreed to. New clause 12 accordingly read a Second time, and added to the Bill. New Clause 13 Reporting requirement not to apply in exceptional cases "(1) Section (Report on proposed free trade agreement) does not apply to a free trade agreement if a Minister of the Crown is of the opinion that, exceptionally, the agreement needs to be ratified without laying before Parliament a report which meets the requirements of subsection (3) of that section (2) If a Minister determines that a free trade agreement is to be ratified without laying before Parliament a report which meets the requirements of section (Report on proposed free trade agreement)(3), the Minister must, as soon as practicable after the agreement is ratified, lay before Parliament— (a) a report which meets those requirements, and (b) a statement indicating that the Minister is of the opinion mentioned in subsection (1) and explaining why."—(George Hollingbery.) See Member’s explanatory statement for NC12. Brought up, read the First and Second time, and added to the Bill. New Clause 14 Report to be laid with regulations under section 2(1) "(1) This section applies where a Minister of the Crown proposes to make regulations under section 2(1) for the purpose of implementing a free trade agreement to which the United Kingdom and another signatory (or other signatories) are signatories (2) A draft of the statutory instrument containing the regulations may not be laid before Parliament unless, at least 10 Commons sitting days before the draft is laid, a Minister of the Crown has laid before Parliament a report which gives details of, and explains the reasons for, any significant differences between— (a) the trade-related provisions of the free trade agreement to which the United Kingdom and the other signatory (or other signatories) are signatories, and (b) the trade-related provisions of the existing free trade agreement (3) Subsection (2) does not apply if, at least 10 Commons sitting days before a draft of the statutory instrument containing the regulations is laid, a report in relation to the agreement has been laid before Parliament under section (Report on proposed free trade agreement)(3) (4) In this section— ‘Commons sitting day’ means a day on which the House of Commons begins to sit; ‘the existing free trade agreement’ means the free trade agreement to which the European Union and the other signatory (or other signatories)— (a) were signatories immediately before exit day, or (b) where the report is laid before Parliament before exit day, are signatories on the day the report is laid before Parliament; the ‘trade-related provisions’ of a free trade agreement are the provisions of the agreement that mainly relate to trade."—(George Hollingbery.) This new clause requires a Minister to lay a report before Parliament at least 10 Commons sitting days before regulations implementing a new free trade agreement are laid in draft under clause 2(1). The report is required to explain any significant differences between the new agreement and the existing agreement with the EU. The duty to lay a report does not apply if a report on the agreement has already been laid under NC12. Brought up, read the First and Second time, and added to the Bill. New Clause 3 Free trade agreements: Parliamentary scrutiny and consent "(1) The Secretary of State shall not commence negotiations relating to a free trade agreement unless— (a) a Minister of the Crown has laid before Parliament a sustainability impact assessment conducted by a credible body independent of government following consultation with— (i) each devolved authority, (ii) public bodies, businesses, trade unions and non-governmental organisations which, in the opinion of the Minister, have a relevant interest, and (iii) the public, and the assessment shall include both qualitative and quantitative assessments of the potential impacts of the proposed trade agreement, including social, economic, environmental, gender, human rights, labour, development and regional impacts, (b) a Minister of the Crown has laid before Parliament a draft of a negotiating mandate relating to the proposed trade agreement, setting out— (i) all fields and sectors to be included in the proposed negotiations, (ii) the principles to underpin the proposed negotiations, (iii) any limits on the proposed negotiations, and (iv) the desired outcomes from the proposed negotiations, and (c) the House of Commons has approved by resolution a motion, drafted in terms which permit amendment, setting out a proposed negotiating mandate and authorising the Secretary of State to enter negotiations on the proposed trade agreement on the basis of that mandate, and the House of Lords has approved a resolution in the same terms as that approved by the House of Commons (2) The United Kingdom may not become a signatory to a free trade agreement unless— (a) during the course of the negotiations, the text of the trade agreement as so far agreed or consolidated has been made publicly available within ten working days of the close of each negotiating round, (b) between each round of negotiations, all documents relating to the negotiations have been made available for scrutiny by select committees in both Houses of Parliament, (c) upon conclusion of the negotiations, the House of Commons has approved by resolution a motion, drafted in terms which permit amendment, setting out the text of the trade agreement as negotiated and authorising the Secretary of State to sign the proposed agreement, and the House of Lords has approved a resolution in the same terms as that approved by the House of Commons, and (d) the text of the trade agreement includes provision for a review of the operation and impacts of the agreement no later than ten years after the day on which the agreement comes into force."—(Caroline Lucas.) This new clause would ensure that all new free trade agreements are subject to parliamentary scrutiny and consent. Brought up, and read the First time. Question put, That the clause be read a Second time.