Trade (Disclosure of Information) Bill — House of Lords, 2020-12-17
Topic: Foreign Trade
Gerald Grimstone (Conservative, Centre-right): My Lords, on 31 December, the UK will regain full control of its borders at the end of the transition period. Irrespective of the ongoing negotiations with the European Union regarding a free trade agreement, the Government have been clear that there will be additional requirements for people and goods traveling to the EU. I am sure that your Lordships will appreciate that since the Trade Bill will not pass until next year, it is vital that we ensure there is no gap in the Government’s ability to share the information that they already collect and hold in order to mitigate and manage any temporary friction from the end of the transition period. That is exactly what this Bill achieves, substantially replicating amendments made to the Trade Bill—namely, Clauses 8 through 10 I know that my noble friend Lord Lansley and the noble Lord, Lord Stevenson, have asked what the differences in clauses are between this Bill and the Trade Bill. As I have already mentioned, the clauses are substantially the same but there are minor differences. Most notably, Clause 4 of this Bill provides for the expiry of Clauses 1 to 3 if, in the same Session in which this Act is passed, an Act resulting from the Trade Bill is passed which in the opinion of the Secretary of State contains provisions that have the same or similar effect to Clauses 1 to 3. This sunsetting is necessary to ensure the statute book is kept in good order. This clause will therefore provide that Clauses 8 to10 of the Trade Bill form the permanent basis for data-sharing. This Bill also includes an explicit reference to the DAs on the face of the Bill, alongside references to investigatory powers legislation and sentencing, which were absent from the clauses in the Trade Bill. However, these changes will be made to the Trade Bill clauses in due course, and amendments are already tabled and appear in my name on the Marshalled List This Bill will allow the effective use of government data to ensure the smooth flow of goods and services after the end of the transition period. The Cabinet Office’s Border and Protocol Delivery Group is leading work to ensure that our borders are robust and efficient, establishing a border operation centre to monitor and manage flow through the border and support the mitigation of any disruption. This Bill ensures that the Government make best use of the data they already collect and hold and in so doing reduces inefficiencies and bureaucracy for business. It will support better services by permitting data on the flow of international trade to be shared and analysed, helping to identify and resolve the root cause of any disruption. It will also allow the Government to use data more effectively to plan new controls at the border, ensuring that security is maintained, new requirements are introduced seamlessly and any temporary friction is properly mitigated The Government recognise that this Bill is being proposed on an expedited schedule and that many noble Lords attach great importance, rightly and properly, to data security, as demonstrated by a number of thoughtful previous contributions on this subject. I reassure the House that this Bill contains measures to ensure that the permitted use of data that it facilitates is both discretionary and specific. I stress that the Bill does not create any additional powers to collect data; it applies only to the public bodies specified and only when those public bodies are satisfied that data use would support a Minister’s functions relating to trade. It creates an offence of unlawfully disclosing information and ensures that data-sharing remains subject to GDPR and DPA protections With regards to the expedited schedule of the Bill, I emphasise that all these measures have already been subject to substantive scrutiny in this House and the other place during the passage of the Trade Bill, through the relevant clauses, without further amendment. The Bill contains a sunset clause that will ensure consistency with the powers being delivered through the Trade Bill. Clause 2(9) provides the power for a Minister of the Crown to add public authorities to the data-sharing gateway and therefore has the potential in a narrow sense to alter the executive competence of the devolved Administrations. I therefore make the same two commitments to the devolved Administrations on data-sharing as I made in Committee on the Trade Bill. First, the data shared under Clause 2 will be used by the border operation centre being established by the Cabinet Office to develop strategic insights into the flow of trade and functioning of the border. The Cabinet Office is committed to sharing strategic analysis related to flow of trade where it will support the more effective management of flow through the border. The Cabinet Office will continue to work closely with the devolved Administrations to ensure that relevant analysis and information can be shared to support devolved functions relating to trade and management of the border. Secondly, the UK Government commit to consulting the devolved Administrations before any devolved authorities are added to the list of specified authorities that can share data under Clause 2 In breaking news, I am pleased to say that the Senedd and Scottish Parliament have both granted legislative consent, and I am grateful to my colleagues in the Welsh and Scottish Governments, who have worked at pace to consider this Bill and schedule the necessary votes. However, due to the accelerated timetable of this Bill, the Northern Ireland Executive have not brought forward a legislative consent memorandum, and the Assembly has not voted on legislative consent. I reassure noble Lords that the Government will continue to engage with the Northern Ireland Executive on this matter In conclusion, this Bill is necessary to ensure that the Government can use their information properly to minimise disruption at the border following the transition period. It is limited in scope and contains specific safeguards to prevent inappropriate or excessive sharing of data. This will, in turn, underpin the delivery of a world-class border fit for the UK’s future as an independent trading nation, protecting our country, strengthening our economy and growing our international trade. I beg to move.