argyrotsipi/train-dataset huggingface dataset:
Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-03-26
Topic: Agriculture
Hazel Byford (Conservative, Centre-right): My Lords, I thank my noble friend for introducing the seven sets of regulations. At this time of night, having sat here from about 3 pm, other Members will be delighted that I will not repeat everything I have written down, because he clearly introduced the regulations in the correct manner. I am very grateful to Secondary Legislation Scrutiny Sub-Committee A for its 18th report, which looked at the regulations and which it followed up in its 19th report with some extra questions. My noble friend may want to pick up on some of them when he responds. I should declare the family farming interest, in particular the fact that we receive payments, including for environmental matters This is a very important group of statutory instruments which cover matters such as aid for private storage, aid schemes, marketing standards—which are particularly important—labelling, packaging, production methods, conservation and storage and transport certification, to name but a few in the first instrument. The Explanatory Memorandum on the third instrument, on marketing measures, states that our retained EU law is being kept as close as we can to the current system. Paragraph 7.2 refers particularly to public intervention and aid for storage, aid schemes generally, marketing standards, producer organisations, import and export rules—which are extremely important—and crisis measures, which my noble friend did not mention but which he might also want to pick up when he responds On the fourth SI, on marketing measures payment schemes, managing market volatility is again particularly important. Perhaps my noble friend can say a little more about that when he responds. The collaboration and competitiveness of agricultural producers is hugely important: bringing producers together so that we can gain competitiveness in the international trade in which we shall be competing. Promotion and high standards are particularly important, as are the production methods to which they refer. Awareness and recognition of EU quality schemes is increasingly important, and the statutory instruments allow us to achieve that. My noble friend did not mention—but there is so much for him to mention in these statutory instruments, it is probably just as well for us tonight that he did not go through the whole lot—the safety proposed to farmers by removing surplus products. Again, perhaps he would pick up on that. I shall not comment on the fifth statutory instrument at all.
Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 — House of Lords, 2019-03-26
Topic: Agriculture
John Eric Gardiner (Conservative, Centre-right): It is only reasonable that I answer the noble Lord precisely in writing to provide clarity. I would not want to assume the configuration of the £39 billion and whether schemes in this area may be implicated. On consultation, the approach we have taken to engagement has been proportionate and fair, particularly given that the changes made by the statutory instruments are technical and operable in so many cases. We have worked closely with the farming world The noble Lord, Lord Grantchester, asked about the legislative functions SI. These provisions allow the Secretary of State to require export licences for the export of farmed goods. They are necessary to allow the UK to manage any new third-country export quotas that the UK may need to manage. Examples of current export quotas that the EU manages, and that the UK will therefore need to manage, include export quotas for cheese to Canada and the United States and for skimmed milk powder to the Dominican Republic. As I am sure the noble Lord knows, the administration of import tariff quotas will be subject to separate regulations made under the Taxation (Cross-border Trade) Act As I have said, Defra has consulted extensively with the devolved Administrations on all aspects of the SIs, and consent was sought and given for those that relate to devolved matters. In so far as the regulations make amendments to food law, we consulted in accordance with our legal obligations through representative bodies such as Dairy UK, the NFU and local councils. We received replies from numerous public bodies and organisations in England, and in all four constituent nations, expressing support for our proposed operability changes Where industry bodies requested longer transition periods for labelling, we took that into consideration and increased the length of transition to the end of December 2020 On the livestock SI, my noble friend Lady Byford, and the noble Lord, Lord Grantchester, with his long-term dairy interest, will be pleased to hear that stakeholders—and I have been part of this—have played a leading role in helping Defra develop the principles and approaches that will underpin the delivery of its planned new livestock tracing services over the next few years, through its traceability design user group. Again, this is really important, and there is enormous buy-in from industry.
Customs Safety and Security Procedures (EU Exit) Regulations 2019 — House of Lords, 2019-03-26
Topic: Foreign Trade
Michael Bates (Conservative, Centre-right): The current position is that the largest number of businesses affected would be UK businesses. There are an estimated 245,000 traders who will need to register for an EORI. That figure comprises 145,000 VAT-registered businesses and 100,000 businesses below the VAT threshold. Overseas businesses will also require a UK EORI to make customs declarations for goods being imported into the UK after we leave the EU.
Customs Safety and Security Procedures (EU Exit) Regulations 2019 — House of Lords, 2019-03-26
Topic: International Affairs
Michael Bates (Conservative, Centre-right): I am afraid that I will probably disappoint the noble Lord, Lord Tunnicliffe. In this context, I should say that this is certainly not an objective or outcome that we are hoping will occur; we want to leave with a deal, ideally the withdrawal agreement that has been set out. I will deal with the contributions from the noble Lords, Lord Purvis, Lord Palmer and Lord Tunnicliffe, as best I can. There will be some gaps, so I give notice that I will have to write on a couple of points The noble Lord, Lord Palmer, began by asking me to stress the continuity element. I am very happy to say that that is what we are seeking to do. We are simply following the same process as with the onshoring exercise to ensure that we replicate what is there at present. Continuity is the objective. I suspect that the answer to the noble Lord’s subset of questions on number, amount or size of firm is that we are providing continuity of the existing arrangements. I will not be able to answer this evening the point about the innovative idea of firms with 100 employees dividing into two to somehow get around the requirements; I will write on that point if I may Let me deal with the noble Lord’s other point. If the UK leaves the EU without a deal, this instrument will remove the requirement for safety and security declarations for six months. He rightly questioned what assessment we had made of this. Taking this approach, the risk to safety and security will not increase after EU exit, given that goods from the EU are not currently subject to safety and security declarations. The transitional period does not apply to non-EU traders that already comply with the current safety and security regulations. After the six-month transition, businesses will be obliged to submit safety and security declarations The noble Lord, Lord Purvis, asked what information the Government will provide to businesses on EORI and how to register. I take his point about the level of registrations; of course, we wish it were higher. We have tried to make it as easy as possible to register. He has had the experience of doing it. Our belief is that doing it online takes five to 10 minutes. I do not know whether that corresponds with the noble Lord’s practical experience. I have not done it, but our feeling is that it can be done relatively easily. Businesses need to be aware that it will be important for them to do that in the event of a no-deal Brexit.
Customs Safety and Security Procedures (EU Exit) Regulations 2019 — House of Lords, 2019-03-26
Topic: Foreign Trade
Michael Bates (Conservative, Centre-right): That is the whole point. We are saying that, in the event of no deal, they would require that to trade. It is a very serious commitment. If they are above the relevant threshold, that will be a requirement.
Customs Safety and Security Procedures (EU Exit) Regulations 2019 — House of Lords, 2019-03-26
Topic: Technology
Michael Bates (Conservative, Centre-right): Clearly, that is a risk. We have put out technical notices and engaged quite significantly with industry bodies on this. We have listened to the industry, which is one of the reasons why we have taken this approach on safety and security, with the six-month transitional period. We have tried to get the information out there as much as possible. However, we are concerned about that as an eventuality and encourage businesses to register, even at this late hour.
Customs Safety and Security Procedures (EU Exit) Regulations 2019 — House of Lords, 2019-03-26
Topic: International Affairs
Michael Bates (Conservative, Centre-right): The reality is that we would prefer them to have an EORI registration number. It is a fairly straightforward process that takes five to 10 minutes. But we are talking about extraordinary circumstances. The advice I am given and that I am presenting is that they need to give just their name and address to be able to continue to do that The noble Lord asked about the limit on processing of 11,000 per day and whether HMRC had the capacity. The customs declaration service has the capacity to process significantly higher numbers than that The noble Lord, Lord Tunnicliffe, asked whether we would end up with a border down the Irish Sea. These non-fiscal statutory instruments will not create an east-west border between Northern Ireland and Great Britain. This will be a temporary measure until a permanent solution is in place. We will seek to discuss this at the first opportunity with the Irish Government and the European Union. However, until this point, this policy is necessary to avoid a hard border on the island of Ireland and to uphold the Belfast Good Friday agreement.
Customs Safety and Security Procedures (EU Exit) Regulations 2019 — House of Lords, 2019-03-26
Topic: Foreign Trade
Michael Bates (Conservative, Centre-right): The noble Lord may not have been present for a rather fascinating debate on Pepper v Hart, which took place on another Bill recently—the Trade Bill, I think—and my noble friend Lady Fairhead is here. I and the noble Lord, Lord Stevenson of Balmacara, are not going to rehearse that argument again, but a degree of clarity came through that. I do not wish to make light of a very serious point which the noble Lord is raising, that this is impacting on real businesses, real lives and real trading opportunities. What I am trying to do is give as much information as I can from the Dispatch Box in a fast-moving situation, and provide more information in writing. I hope that the noble Lord will accept that in good spirit The noble Lord raised the point about £10,000. I share his surprise. Like him, I am not used to carrying anywhere near that sum across borders. The Financial Action Task Force, an international government body, has identified this as a key risk. This requirement of declaration is set by each of the members; the EU sets the limit at €10,000; the USA sets it at $10,000. The Government chose their own limit, using a memorable round number. They did not want to use another state’s currency or alter the figure to reflect changes in the exchange rate The noble Lord also asked about existing risk profiles. In a no-deal scenario, we will continue to use the current risk profiles, updating them as needed The noble Lord, Lord Tunnicliffe, asked if we had asked the EU for a transitional period. After the UK’s exit from the UK, we will seek to negotiate a safety and security agreement with the EU, so that safety and security declarations are not required on imports between EU countries and the UK The noble Lord, Lord Purvis, asked for the Government’s estimate of when all businesses would have an EORI number. We are committed to making it easier for businesses to be ready. Information is clearly laid out on GOV.UK. I have said all that.
Protecting Against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2019 — House of Lords, 2019-03-26
Topic: International Affairs
Rona Fairhead (Conservative, Centre-right): I thank noble Lords for their contributions in this short but useful debate. I hope I have been clear about the Government’s commitment to the continuation of these regulations. To address the point made by the noble Lord, Lord Stevenson of Balmacara, about why we are doing this, we believe that if we do not retain and amend this legislation, we will no longer be able to offer protection to UK businesses from the harmful effects we consider to be illegal under international law. We would in effect be acknowledging the superiority of the sanctions regime of a third country relative to our own. Successive Governments since the 1980s have agreed that this is unacceptable and our Government is no exception The noble Lord, Lord Stevenson, also highlighted some of the real challenges of these regulations. Yes, they provide protection, but there is also a challenge for companies who find themselves in that spot between being blocked from complying and failing to comply, and therefore being in breach of sanctions. This instrument is not a perfect solution. In application it is probably to be used more as a tool to dissuade companies and individuals from complying with extraterritorial sanctions. In terms of usage, only about 14 applications have been received by the Commission. I hope that answers the hard point of the questions The noble Lord, Lord Purvis of Tweed, asked some questions about the application process for the exemptions. At the moment businesses apply to the European Commission for exemptions; we will try to make that a bit more straightforward by providing a dedicated mailbox for our businesses to apply for exemptions once the SI enters into force. We hope that that will be a much more readily accessible approach On the question of when guidance will be published, over the coming months we will start with the EU guidance and update it to make sure that it complies with the UK context In terms of the devolved Administrations, I think that the noble Lord, Lord Purvis, acknowledged that this is a reserved power. We have kept the devolved Administrations informed of the policy on this matter and have sent them the Explanatory Memorandum. In terms of criminal proceedings in Scotland, this has been permitted under the 1996 order, so I hope that that is relatively straightforward My final response is to the noble Lord, Lord Stevenson. He asked how this fits in with current foreign policy with regard to Iran in particular. There are sanctions that we support against Iran. However, as I have said before to the House, we believe that the Joint Comprehensive Plan of Action is the best plan to make sure that we prevent Iran obtaining nuclear weapons. We believe that protecting trade with Iran, supported by this blocking regulation, is important to show that we are committed to legitimate trading with Iran. We are firm believers in the importance of the JCPOA.
Protecting Against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2019 — House of Lords, 2019-03-26
Topic: Foreign Trade
Rona Fairhead (Conservative, Centre-right): Let me address that head-on. We are absolutely clear that we want certainty and protection for businesses. It is a difficult issue: support comes through banks, many of which choose not to engage given their dependence on their licence to operate in the US or for other commercial reasons. That is their choice to make Protection is not actually an EU event, it is an E3 activity—the UK, France and Germany. We have created a special purpose vehicle, the official name of which is INSTEX. It is designed to help businesses conclude legitimate trade. We believe that it has the potential to support the delivery of the sanctions relief that we committed to under the JCPOA and will facilitate trade under European and international law. It is part of the E3, and I think that that will be maintained. I acknowledge that it is not a perfect situation, but we are trying to make sure that we are clear that we are protecting businesses as much as we can in a difficult situation To conclude, I thank noble Lords who have participated for their constructive and challenging input to the debate. I hope that I have been able to provide further clarity and I commend the regulations.
Cat and Dog Fur (Control of Import, Export and Placing on the Market) (Amendment) (EU Exit) Regulations 2019 — House of Lords, 2019-03-26
Topic: Agriculture
Rona Fairhead (Conservative, Centre-right): My Lords, the regulations are necessary to maintain the ban on trade in cat and dog fur following the UK’s withdrawal from the European Union. We recognise the strength of feeling in the UK against a trade that could encourage killing cats and dogs to make money out of their fur. The regulations are most certainly needed to continue to meet the public’s expectations. Without them, the legislation imposing the ban would be inoperable The regulations were laid before Parliament on 4 March. They are made under powers in the EU withdrawal Act 2018. Noble Lords will know that, given the context, those powers are limited and allow only the correction of technical deficiencies in existing EU law that, by the operation of the Act, will be retained in UK law following withdrawal. The regulations correct such deficiencies, for example by replacing references to the EU and its institutions with the appropriate UK references To be clear, such powers cannot make policy changes. I add that it is beyond the scope of the regulations and today’s debate to consider wider changes to the ways in which animals with fur, and indeed other creatures, are protected. This is about ensuring continuity and making sure that the legislation is operable. To ensure that the ban on trade in cat or dog fur is maintained, I commend these regulations to the House.
Cat and Dog Fur (Control of Import, Export and Placing on the Market) (Amendment) (EU Exit) Regulations 2019 — House of Lords, 2019-03-26
Topic: Foreign Trade
Rona Fairhead (Conservative, Centre-right): My Lords, I will try to address a number of the concerns raised. The noble Lords, Lord Stevenson of Balmacara and Lord Purvis of Tweed, both mentioned a broader, more extensive ban. There may be time another day to talk about extending the ban. There have been no challenges to this ban under WTO rules. Our position is that that is beyond the scope of this statutory instrument, and therefore it is not a subject for discussion today There is a power to derogate in the current regulations. Because we are required only to correct technical deficiencies and because it exists, removing it would amount to more than correcting a technical deficiency. The power is there so that it is appropriate to bestow it on the UK. But let me be absolutely clear here on the Floor of the House—and this is why I am not going to address the other detailed questions of the noble Lord, Lord Purvis—that the Government have no plans to use that power. As the noble Lord said, the derogation is for education and taxidermy. We have no plans to make use of that power The noble Lord, Lord Purvis, asked about the use of specific analytical methods. The requirement to report was to the Commission. We no longer need to do that, because we can determine what analytical methods we use. As the UK uses DNA-based methodology, we consider that to be the most appropriate overall and expect to continue to use it On the agreement of the devolved Administrations, it is recorded in the Explanatory Memorandum to the 2008 regulations on this subject that this is a reserved matter. The international trade regulation falls within the general reservation for international affairs set out in the Scotland Act 1998. We have shared these regulations with the devolved Administrations in draft, and, in practical terms, we are confident that there is consensus across the UK on the desirability of maintaining the ban I can confirm to both noble Lords who have spoken that we expect these regulations to continue to be rigorously enforced. HMRC will continue its role. It inspects consignments of fur at the point of entry into or exit from the UK, and on retail premises, to ensure they do not contain any cat or dog fur. It will retain its existing power to seize goods it considers to be in breach. It can also bring criminal proceedings against any persons found to have breached the prohibitions With that, I hope I have addressed the noble Lords’ questions.
Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 — House of Lords, 2019-03-26
Topic: International Affairs
Rona Fairhead (Conservative, Centre-right): There are two points that I would like to raise on cyber capability, and to some extent they will also address the process that the noble Lord, Lord Stevenson of Balmacara, asked about. There will be an open pro forma licence for materials going to what we consider to be low-risk territories—that is, the EU. Where there will be a change is if the products go into the EU and are then exported from the EU to another part of the world. Cyber and cryptographic goods are an area that we are taking increasingly seriously. The noble Lord, Lord Purvis, mentioned some of the open general export licences, but only those absolutely consistent with our consolidated criteria are included. All high-risk capabilities are deliberately excluded. As your Lordships will know, the controls on cryptography come from the Wassenaar agreement. There are various agreements that we comply with. The EU Parliament has suggested removing regulation from dual use, but we believe that we have international obligations to implement the controls and we do not agree with that. To be absolutely clear about cyber surveillance, which I believe is a key concern in the work that the noble Lord is doing, cyber surveillance equipment is not included in the open licence Regarding the more general impact of our exit on future co-operation with the EU, we absolutely recognise the importance of maintaining close co-operation and hope it will be a key part of the negotiation on our future partnership with the EU The noble Lord, Lord Stevenson of Balmacara, raised a subject that is probably for another day. I can just give some reassurance that the Export Control Joint Unit has been created with the Ministry of Defence, the Foreign Office and DIT. DIT is essentially the regulator; the other two departments provide their input, advice and challenge. The unit is established and populated. It is a very important subject but, as I said, one for another day I think we all agree that it is critically important that we maintain robust strategic export controls, to fulfil our international obligations and to keep the world safe. I hope that I have been clear about the Government’s commitments to this regulation. I finish by reiterating a key point of my opening statement: that if we do not retain and amend this EU legislation, we will no longer control the export of dual-use goods or firearms. We have a responsibility to ensure the security and safety of our people, and this legislation supports that objective. I commend this Motion to the House.