221 Matching Annotations
  1. May 2021
    1. However, there are outstanding legal questions, such as the WTO compatibility of non-equivalent treatment of ‘like’ products, for example where imports from an MEA signatory country are authorized, but not imports from a non-MEA signatory country. To illustrate, the question at hand is whether a country can refuse a shipment of a waste product from country A (which is not a signatory to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal) while accepting a shipment of an equivalent product from country B that is a party to that Convention


    2. At least five sets of concerns are commonly identified by environmental advocates. First, existing environmental provisions in TAs do not address the full range of relevant issues, are too weak, and are not sufficiently enforceable. Second, to support and incentivize stronger environmental outcomes, more provisions are needed within the core ‘non-environment’ and ‘non-sustainable development’ chapters of TAs. Third, greater attention is needed to ensure that specific provisions in TAs, such as on investment and investor-state dispute settlement (ISDS), do not undermine or reduce the scope for environmental action. Fourth, market access commitments in TAs can increase trade in ways that exacerbate environment crises of nature, climate and biodiversity loss (such as by boosting trade in unsustainably produced agricultural commodities). Fifth, although most TAs affirm commitments to uphold environmental laws, many countries lack the robust environmental laws and institutions vital for effective environmental protection, especially in the face of the commercial pressures and opportunities associated with international trade.


    3. Investor-state dispute settlement provisions that safeguard space for climate action


    4. key questions shaping international policy discussions include:

      useful for scoping

  2. Nov 2020
    1. review must consider

      no part of review about looking at scope - just effectiveness of current system

    2. a civil sanction may not be imposed

      not even a penalty for not reporting? worth ignoring until pulled up then and letting the enforcement agency spend the time and money? - charges section suggests they may have to cover costs?

    3. n this paragraph “civil sanction” means a sanction of a kind for whichprovision may be made under Part 3 of the Regulatory Enforcement andSanctions Act 2008 (fixed monetary penalties, discretionary requirements,stop notices and enforcement undertakings)

      any limits on these?

    4. ay issue guidance t

      not very strong for a law...

    5. f, before the relevant date, the regulated person gives a notice to the relevantenforcement authority containing the prescribed information, the person isexempt from the Part 1 requirements in respect of their use of the commodity,or the product derived from the commodity, in their UK commercial activitiesduring the part of the reporting period

      so they won't have to report on the illeglity of the first X tonnes when reporting on X+1 tonne? HUM

  3. Jul 2020
    1. The EP’s formal competencies in EU trade policy extend beyond the negotiation of FTAs. The CCP also covers measures of the so-called autonomous trade policy: decisions taken by the EU without approval by a third country

      UK parliament currently able to do this for implementing legislation with usual limitations for implementation through secondary.

  4. Oct 2019
  5. publications.parliament.uk publications.parliament.uk
    1. 5) The Secretary of State may by regulations specify legislative provisions, otherthan devolved legislative provisions, which are, or are not, environmental law(either by describing them or by identifying them)

      SoS can simply exclude?

    2. 40 Meaning of “environmental law”(1) In this Part “environmental law” means any legislative provision, other thandevolved legislative provision, to the extent that the provision—(a) is mainly concerned with an environmental matter, and(b) is not concerned with an excluded matter.(2) Environmental matters are—(a) protecting the natural environment from the effects of human activity;(b) protecting people from the effects of human activity on the naturalenvironment;(c) maintaining, restoring or enhancing the natural environment;(d) monitoring, assessing, considering, advising or reporting on anythingin paragraphs (a) to (c).

      Dodgy definition

    3. requires a person to provide the OEP with information that the personwould be entitled, or required by any rule of law, to refuse to providein civil proceedings on grounds of public interest immunity.


    4. The OEP may apply for judicial review, or a statutory review, in relation toconduct of a public authority (whether or not it has given an information noticeor a decision notice to the authority in respect of that conduct) if the OEPconsiders that the conduct constitutes a serious failure to comply withenvironmental law

      OEP can skip bits of process if serious?

    5. applying the principlesapplicable on an application for judicial review

      Scope is limited by JR

    6. where it applies for an environmental review (see section 33),for permission to apply for judicial review or for statutoryreview (see section 34), in relation to the alleged failure tocomply with environmental law


    7. (6) A complaint under this section may not be made after the later of—(a) the end of the 1 year period beginning with the day on which thealleged failure that is the subject of the complaint last occurred, and(b) if the substance of the complaint was subject to an internal complaintsprocedure, the end of the 3 month period beginning with the day onwhich that procedure was exhausted.(7) The OEP may waive the time limit in subsection (6) if it considers that there areexceptional reasons for doing so

      Assuming this would cover a situation where the failure did not become apparent until post 1-year

    8. 2) For the purposes of those sections, a reference to a public authority failing tocomply with environmental law means the following conduct by thatauthority—(a) unlawfully failing to take proper account of environmental law whenexercising its functions;(b) unlawfully exercising, or failing to exercise, any function it has underenvironmental law.

      this feels loopholey

    9. 24 Monitoring and reporting on environmental law(1) The OEP must monitor the implementation of environmental law.(2) The OEP may report on any matter concerned with the implementation ofenvironmental law.(3) The OEP must—(a) arrange for its reports under this section to be laid before Parliament,and(b) publish them.(4) The Secretary of State must—(a) respond to a report under this section, and(b) lay before Parliament, and publish, a copy of the response.(5) The response to a report under this section must be laid no later than 3 monthsafter the report is laid

      Is there going to be any comeback for the OEP if dismissed/ignored?

    10. 5) In reporting on progress made in an annual reporting period, the OEP mustconsider—(a) the section 8 report for that period,(b) the data published by the Secretary of State under section 15 that relatesto that period, and(c) any other reports, documents or information it considers appropriate.(6) A progress report for an annual reporting period may include—(a) consideration of how progress could be improved, and(b) consideration of the adequacy of the data published by the Secretary ofState under section 15

      Relationship between SoS and OEP reporting

    11. Monitoring and reporting on environmental improvement plans and targets

      Assume this feeds into previous SoS duties of monitoring and reporting?

    12. ) a person exercising a parliamentary function,

      Why excluded?

    13. (6) The strategy must contain an enforcement policy that sets out—(a) how the OEP intends to determine whether failures to comply withenvironmental law are serious for the purposes of sections 28(1)(b) and(2)(b), 30(1)(b), 31(1)(b) and 34(1),(b) how the OEP intends to determine whether damage to the naturalenvironment or to human health is serious for the purposes of section34(2),(c) how the OEP intends to exercise its enforcement functions in a way thatrespects the integrity of other statutory regimes (including statutoryprovision for appeals),(d) how the OEP intends to avoid any overlap between the exercise of itsfunctions under sections 27 to 29 (complaints) and the exercise by eachrelevant ombudsman of their functions, and(e) how the OEP intends to prioritise cases.(7) In considering its enforcement policy the OEP must have regard to theparticular importance of prioritising cases that it considers have or may havenational implications, and the importance of prioritising cases—(a) that relate to ongoing or recurrent conduct,(b) that relate to conduct that the OEP considers may cause (or has caused)serious damage to the natural environment or to human health, or(c) that the OEP considers may raise a point of environmental law ofgeneral public importance

      This feels like a rehash of the IEGS conversations about creating parity with the EU system

    14. 19 The Office for Environmental Protection(1) A body corporate called the Office for Environmental Protection is established

      Establishing OEP

    15. 18 Policy statement on environmental principles: effect(1) A Minister of the Crown must, when making policy, have due regard to thepolicy statement on environmental principles currently in effect.(2) Subsection (1) does not require a Minister to do (or refrain from doing)anything that—(a) would have no significant environmental benefit, or(b) would be in any other way disproportionate to the environmentalbenefit.

      due regard, ministers only

    16. The Secretary of State may prepare a revised policy statement onenvironmental principles at any time (and this section applies in relation to anyrevised statement)

      Dubious - regression?

    17. (4) The Secretary of State must be satisfied that the statement will, when it comesinto effect, contribute to—(a) the improvement of environmental protection, and(b) sustainable development.

      not clear why it would need to improve protection - this is an EU standstill clause

    18. Reviewing and revising plans: interim targets(1) On the first review of the first environmental improvement plan, the Secretaryof State must revise the plan so as to—(a) set at least one interim target in respect of each relevant matter, and(b) secure that there is at all times, until the end of the 5 year periodbeginning with the relevant date, an interim target set by the plan inrespect of each relevant matter

      so actually, the first of the annual EIP review sets one milestone re headline targets? Very unclear here if an interim target aims to be a target to achieve within that 5 year EIP period

    19. 16 Policy statement on environmental principles(1) The Secretary of State must prepare a policy statement on environmentalprinciples in accordance with this section and section 17.(2) A “policy statement on environmental principles” is a statement explaininghow the environmental principles should be interpreted and proportionatelyapplied by Ministers of the Crown when making policy.(3) It may also explain how Ministers of the Crown, when interpreting andapplying the environmental principles, should take into account otherconsiderations relevant to their policy.

      This seems very weak

    20. 15 Environmental monitoring(1) The Secretary of State must make arrangements for obtaining such data aboutthe natural environment as the Secretary of State considers appropriate for thepurpose of monitoring—(a) whether the natural environment is, or particular aspects of it are,improving in accordance with the current environmental improvementplan,(b) the progress being made towards meeting any targets set undersections 1 and 2, and(c) the progress being made towards meeting any interim targets set undersection 10 and 13

      This seems useful - SoS must publish in parliament outline of monitoring arrangements 4 months after Env bill passed, then publish data obtained under that. Might be worth checking on what role parliament play here and the timescales involved in publishing data?

    21. Amendment of REACH legislationSchedule 20 confers powers to amend the REACH Regulation and the REACHEnforcement Regulations 2008


    22. (2) In considering the matters in subsection (1)(b) the Secretary of State mustconsider the progress that has been made towards meeting—(a) any targets set under sections 1 and 2, and(b) any interim targets set under sections 10 and 13.(3) In considering the matters in subsection (1)(c) the Secretary of State mustconsider whether Her Majesty’s Government should take further or differentsteps (compared to those set out in the old plan) towards meeting any targetsset under sections 1 and 2

      Surely 3 should cover interim targets too?

    23. 3 Renewing plans: interim targets(1) A new plan prepared by the Secretary of State under section 12 must—(a) set at least one interim target in respect of each relevant matter, and(b) secure that there is at all times, until the end of the 5 year periodbeginning with the relevant date, an interim target set by the plan inrespect of each relevant matter.(2) A “relevant matter” means any matter in respect of which there is a targetunder section 1 or 2.

      dubious as limiting no. of targets under 1&2 hugely limits this bit

    24. Before setting or revising an interim target in respect of a matter the Secretaryof State must be satisfied that meeting the target, or the revised target, wouldmake an appropriate contribution towards meeting the target under section 1or 2 in respect of that matter

      SoS only authority on appropriateness of targets?

    25. If as a result of a review the Secretary of State revises the environmentalimprovement plan, the Secretary of State must lay before Parliament—(a) the revised environmental improvement plan, and(b) a statement explaining the revisions and the reasons for them.(7) If as a result of a review the Secretary of State does not revise the environmentalimprovement plan, the Secretary of State must lay before Parliament astatement explaining that and the reasons for it

      so no mechanism to force the SoS to lay a revised plan? just to explain they won't?

    26. The first review of a subsequent environmental improvement plan must becompleted before the end of the 5 year period beginning with the day on whichit replaces the previous plan (see section 12(4)).

      how far before?

    27. Environmental improvement plans(1) The Secretary of State must prepare an environmental improvement plan.

      EIPs - won't apply to Wales

    28. (3) The significant improvement test is met if meeting—(a) the targets set under sections 1 and 2, and(b) any other environmental targets which meet the conditions insubsection (8) and which the Secretary of State considers it appropriateto take into account,would significantly improve the natural environment in England.(4) Having carried out the review the Secretary of State must lay beforeParliament, and publish, a report stating—(a) whether the Secretary of State considers that the significantimprovement test is met, and(b) if the Secretary of State considers that the test is not met, the steps theSecretary of State intends to take in relation to the powers in section 1and 2 to ensure that it is met.(5) The first review must be completed by 31 January 2023.

      This seems to suggest that the reviews will be ensuring targets are appropriately ambitious rather than if the ambition is being appropriately delivered

    29. Regulations under section 1 or 2 are subject to the affirmative procedure

      Target settings SIs to be affirmative

    30. (3) The Secretary of State may make regulations under section 1 or 2 which revokeor lower a target (the “existing target”) only if satisfied that


    31. Environmental targets: particulate matter

      Air specific additional PM target

    32. must exercise the power in subsection (1) so as to set along-term target in respect of at least one matter within each priority area

      only 'must' is one per (limited) area - also no req for targets by certain date?

    33. “long-term” target if the specified date is no less than 15 years after

      is this LT enough/too LT?

    34. A target set under this section must specify—(a) a standard to be achieved, which must be capable of being objectivelymeasured, and(b) a date by which it is to be achieved

      Monitoring and milestones

    35. Environmental targets

      Weak targets clause

  6. Jul 2019
    1. Yet, notwithstanding that, the Department for International Development has more staff in Kenya than the Department for International Trade has in the whole of the continent from Egypt to South Africa. This is not to say that our international development efforts are too large, or that they are in competition with our international trade and investment promotion efforts. However, if we want to have greater influence, if we want to sell more goods and services abroad, if we want to encourage more British businesses to invest and operate overseas, and overseas firms to locate and invest in the UK, then we must invest in the capabilities required. And this means striking a new balance between our spending priorities – not just focusing on how we divide our national income, but how we grow that income too. Within whatever spending envelope comes out of the next Spending Review, we must ensure that we prioritise those areas that will generate economic growth and wealth creation for our country in the future.

      this whole bit is basically the opposite of what we're saying - DFID and DIT seen as completely separate and with poss conflicting aims that should be lined up behind growing our wealth not env gain...

  7. Mar 2019
    1. The Government does notbelieve that any of the proposals set out above require legislation, and, as we embark on our first independent trade negotiations for more than 40 years, we also do not believe that the rigidity of a system set out in statute would be the best approach. In this context we would note that the scrutiny arrangements which exist between the European Scrutiny Committee in the House of Commons and the EU Select Committee in the House of Lords are not set out in statute but in resolutions of each House. As negotiations progress, we would expect that arrangements will develop through dialogue with the relevant committee(s). It also appears highly likely that the committee(s) would report on the effectiveness of arrangements after the first FTA was complete

      poor rationale for no bill (it seems highly likely??)

    2. Open public consultationsin the pre-negotiation phase to inform our overall approach and the development of negotiating objectives;

      nice - but how accountable?

    3. Present the results of economic (CGE) modelling, giving an indication of the potential impacts on the UK and partner country’s macroeconomy, UK sectoral output and employment, impacts on UK consumers andbusinesses and impacts on countries not party to the agreement, including developing countries;•Provide preliminary assessments of the potential implications for UK nations and English regions, small and medium-sized enterprises, environmental protections, different groups of the labour marketandspecifically whether there are any disproportionate impacts on groups with protected characteristics.

      Impact assessment will inc some level of env - but seems a little sibling of the economic modelling

    4. Prior to negotiationscommencing we will publish and lay before Parliament our Outline Approach to each proposed negotiation. This will include the scope of the agreement and our negotiating objectives and be accompanied by a scoping assessment providing an economic analysis of the proposed trade agreement. •During negotiationswe will publish and lay before Parliament a Round Report following each substantive round of negotiations. This will provide an outline of talks by policy area. We will also publish an Annual TradeReport covering progress across the full programme of negotiations. •At the end of negotiationswe will lay the full treaty text before Parliament and publish an Explanatory Memorandum. We will also publish a full Impact Assessment.

      scrutiny at 3 main points

    5. Our clear intention is that the Forum willbe a flexible mechanism to enable Ministerial discussion at the key points during trade negotiations. There will also continue to be a programme of official-level technical engagement between the Department for International Trade and the devolved administrations to underpin the Ministerial Forum. Together, these processes willensure that the priorities and expertise ofthe devolved administrations can shape and inform the development of the UKGovernment’s international trade policy and negotiating positions

      If i were a devolved gov i'd want more than opps for discussion at key points - i'd want to be at the table

    6. intention to form a new Ministerial Forum for international trade. This will ensure there is a regular and formal structure to support discussion and engagement between the UK Government and the devolved administrationson trade agreements.

      i'm not sure what else this forum should do but think we should be speaking to colleagues about what is needed...

    7. 8publish an annual report on trade negotiations in a similar model to that of the United States.

      drawn literally the least useful bit from the US model here

    8. This long-standing constitutional framework was recently reviewed, including through a public consultation, and confirmed by Parliament when CRaG was passed in 2010

      we did however point out more recently than 2010 that it was rubbish...

    9. Free trade agreements cannot of themselves change domestic law. Until we know the content of a proposed FTA, we cannot say exactly which implementing measures will be required. However, in practice a comprehensive and deep new FTA mayrequire a combination of legislationas well as some non-statutory measures, for instance dialogue betweenregulators. It is the practice of the UK Government always to implement treaties before ratification. Changes to secondary legislation would be made in the usual way. If changes to primary legislation are necessary, we will bring forward a bespoke Bill for the FTA. For each new FTA there will therefore be an opportunity to scrutinise all the legislative changes necessary to implement it before the FTA is ratified.

      so FTAs cant change law - but this makes clear that they can provoke secondary or primary leg to do so, and only primary would get the level of scrutiny we'd like automatically.

    10. Where the Committee(s) indicated that the agreement should be subject to a debate prior to the commencement of parliamentary scrutiny under CRaG, the Government would consider and seek to meet such requests

      possible debate - but all power still with gov

    11. the committee(s) would have the power to produce a detailed report on the agreement that had been reached. This would ensure there was a report, independent of the Government, to assist parliamentarians and the public in understanding the agreement and its potential implications. The Government would commit to ensuring that there was sufficient time between finalising a new FTA and laying it before Parliament under the CRaG procedure so that the committee(s) could make such a report.

      committee makes report... and?? does it matter if they advise against deal? back to relying on CRAG

    12. able to follow negotiations closely, provide views throughout the process and take a comprehensive and informed position on the final agreement.

      again, suggestion that committee would still be following, not engaging in negs, and may have limited ability to prevent ongoing negs on dodgy things/raise concerns

    13. to ensure effective scrutiny and two-way dialogue, we propose that the committee(s) could have access to sensitive information that is not suitable for wider publication and could receive private briefings from negotiating teams.

      some further information for committees in private, but possibility of ending up with non-transparent 'back room' scrutiny - would need to seehow much evidence is proposed to be private and what opps there will be to engage in that and what interests would dominate

    14. it should draw on the expertise of Parliament throughout negotiations via a close relationship with a specific parliamentary committee in each House. We propose to work with the House Authorities to establish which committee(s) –including the possibility of creating a new one(s) –would be the most appropriate to take responsibility for scrutiny of future FTAs. We are clear that the chosen structure must ensure that both Houses play a role in the scrutiny of FTAs. While the membership of committees is a question for the House itself we would hope that there would be scope to ensure that we could draw on specific expertise in relation to critical issue

      proposes committees (existing or new) but unclear what role they would have

    15. At the start of negotiations the Government will publish its Outline Approach which, as described above, will include our negotiating objectives and be accompanied by a scoping assessment which will be informed by economic modelling, setting out the potential economic impacts of any agreement.

      parliament not engaged in shaping mandate. suggests report will have purely economic focus?

    16. committed to providing updates to Parliament throughout negotiations and confirmed that at the end of the process Parliament would scrutinise the agreements under CRaG.

      Again - only updates through process, scrutiny only via CraG

    17. it has long been recognised that Parliament should have the opportunity to scrutinise treaties that are subject to ratification and we remain committed to that principle in relation to FTAs

      scrutiny of new (US/Aus/NZ/CPTPP) FTAsbut only pre-ratification...

    18. Each new transitioned Agreement currently going through the CRaG will be laid before Parliament with an Explanatory Memorandum as required by CRaG and an additional Parliamentary report which details any significant differences from the original EU agreement

      process for rollovers - CraG plus explanatory memorandum

    19. These proposals do not apply to other international negotiations and treaties, including negotiations on the future relationship with the EU.

      so NOT a future trade policy. Just a consultation response.

    20. the Government is clear that we must have a transparent and inclusive future trade policy
  8. Feb 2019
    1. Today’s debate honours the Government’s commitment that was made back in the summer to hold a debate on these future trade agreements, but it does not provide for the much-needed debate on the Government’s outline approach on an amendable, substantive motion, as proposed by the International Trade Committee in our report on trade policy transparency and scrutiny, which is disappointing.
    2. he third principle is preparedness for our future, depending on what happens with Brexit. In the Select Committee’s evidence sessions on the Trade Remedies Authority, I have been concerned about the sense of unpreparedness. I felt that when questioned, the chief executive was not familiar with our current tariff levels with different countries. When questioned on her views about various trade matters, she seemed rather unprepared. ​That suggests that the Department desperately needs to do more work.


    3. my Committee is currently working on an inquiry on trade with Australia and New Zealand

      itc enquiry?

    4. The Committee feels that the Government should publish a trade policy strategy that articulates a vision for the UK as an independent trading nation—if all those things come into being—and outlines the UK’s immediate and future trade priorities at bilateral, plurilateral and multilateral levels. We propose that such a strategy should outline the UK’s key objectives, interests and priorities in respect of its trade policy. Sadly, we have yet to see such a strategy, so I urge the Government to publish one, as it would allow potential new FTAs, such as the ones we are debating today, to be seen in a wider context.

      itc on overarching strategy

    5. My Committee also recommended that devolved Governments should be consulted on this, as Canada and other countries tend to do.

      itc on devolveds

    6. the Committee published a report in December titled, “UK trade policy transparency and scrutiny,” which made a host of recommendations on Parliament’s role in future free trade agreements. One recommendation is that Parliament should have an opportunity to debate the Government’s negotiating mandate, or “outline approach” to use the terminology that the Department for International Trade favours, on a substantive motion before negotiations begin on the free trade agreements. I think negotiators would find it useful to have such a steer on the will of Parliament as to what they should progress in any negotiation

      ITC recommendations

    7. What steps will the Minister take to address the serious public concerns raised in the consultation? Will there be a further consultation based on the negotiating objectives accompanied by impact assessments? Will this consultation be a model for future consultations on other trade deals?

      good questions on scrutiny

    8. Current procedures are such that this could be the only opportunity MPs have to debate four major trade deals. That would be woefully inadequate. General debates unaccompanied by objectives, strategies or impact assessments, and lacking a vote or the possibility of tabling amendments, do not provide adequate scrutiny ​and could lead to trade deals being signed that are bad for the UK, contain controversial provisions, or do not have public support. Is this, in effect, the debate on the mandate for these trade deals, or will other debates follow? If they will, how will they be conducted? Will there be a public set of negotiating objectives and comprehensive impact assessments?

      snp scrutiny concerns

    9. we demand a formal, statutory input to trade deals, including the ones being discussed today, at every stage of every trade deal, from setting the mandate for negotiations right through to implementation.

      scottish demand for seat at table

    10. having left the EU, we will be able to have a bonfire of the rules and regulations that the EU have applied to farming


    11. does he recognise that our landscape—I am thinking particularly about the landscape of Northumberland and County Durham and the beautiful landscape of the north of England—is driven by the scale of farming that we have now. Its beauty would be much affected and, in my view, much diminished by the kind of efficiency that we see in New Zealand farms.   Share The edit just sent has not been saved. The following error was returned: This content has already been edited and is awaiting review. Sir Paul Beresford  Share All I can suggest to the hon. Lady is that she gets disc two of “The Lord of the Rings”, and if she does not find that beautiful, she needs to go to Specsavers.


    12. There is protectionist talk of product care and standards matching ours. That is the correct approach, but it is the correct approach for food safety reasons, but not for protection because Australia and New Zealand meet those standards already.

      not true

    13. The size and the power of the industry in New Zealand could shatter our farming. If we are going for free trade, we have to wake up.

      NFU member, positive about NZ industry but sees it as too competitive with our own

    14. That is why my party has repeatedly called for a proper consultation structure that would require the formal engagement with affected stakeholders, civil society, trade unions and the devolved nations.Such a process must also ensure that Parliament has a role in the approval of mandates, impact assessments and reviews of trade agreements. The Government voted down every amendment to the Trade Bill to that effect. We have also been clear that consultation alone is not enough. A comprehensive, independent sustainability impact assessment needs to be conducted in advance of the launch of new trade and investment negotiations to establish the potential social, economic and environmental consequences for all sectors and regions of the UK.​


    15. New Zealand has sought, through a series of side letters with other members of that agreement, to disapply the investor-state dispute settlement provisions of that agreement. I would be delighted if the Secretary of State said that he is going to do the same. Will the UK be seeking ISDS provisions in trade agreements with Australia, New Zealand and the United States, despite the fact that, as he said, the Secretary of State believes they should not be necessary“under systems such as the UK’s
    16. The Secretary of State has established a number of trade working groups, including with Australia in 2016, New Zealand in 2017, and the US in July 2017. To date, we have precisely no information about what has been discussed in those working groups, what progress has been made towards a future trade agreement with those nations, what assurances have been sought and concessions agreed, or what representations have been made on those issues.

      lack of transparency

    17. The farming sector in this country is extremely nervous about the impact on its ongoing viability should the UK open up market access for imported agri-food, particularly from the United States. Concerns over production standards, animal welfare, sanitary and phytosanitary standards have not been put to rest by the Environment Secretary’s repeated assurances that our domestic standards will not be lowered. At no point have the Government ruled out allowing access to our markets for goods produced to lower standards than our own. Indeed, the latest rumour is that the Government will seek to counter the impact of the importation of such goods with tariffs. The Secretary of State did not rule that out in his earlier remarks—again, I would give way to him if he sought to intervene, but he does not.

      interesting - ways to get around promises on standards

    18. The Secretary of State has repeatedly welcomed the perceived benefit to UK consumers of cheaper New Zealand lamb, and today he again dismissed—I was glad to hear him be so robust—safety concerns over things such as GMO foods or chlorine-washed chicken from the United States. In response to one of his colleagues, he said that there will be no lowering of either sanitary or phytosanitary standards or of animal health and welfare regulations in this country. I welcome that, and we will hold him to it.

      'dismissed safety concerns'? hold to commitments.

    19. The Government are committed to the established principle that Parliament must be able to scrutinise trade agreements at the beginning, throughout and at the end of negotiations. We must have a mechanism that balances real and meaningful scrutiny with the need to maintain the greatest possible security for sensitive negotiating positions and potentially market-sensitive data. I am grateful to Members on both sides of the House for their encouragement and the private conversations that we have been able to have on this issue. The Government are considering how best to balance these elements and I will bring forward further proposals very shortly, not least because we need this for the Trade Bill to make progress on Report in the other place. We will of course take account of views expressed on the subject in this debate

      hmm. balance

    20. An FTA with New Zealand would be an opportunity to set an ambitious precedent for future agreements and to build our relationship with a key ally in multilateral forums. It will give us the opportunity to pioneer modern and enduring trade rules, to update the global rulebook and to identify where we can collaborate to promote free, fair, rules-based trade in markets around the world.

      New trade rules?

    21. CPTPP, is a key interest for the United Kingdom as we leave the European Union
    22. we want to maintain our high standards of consumer products, our high environmental standards, our high standard of labour law protection and our high animal welfare standards as part of our approach to global trade. I am not sure that I could be clearer
    23. I have already said that we give high priority to those standards, including animal welfare standards.
    24. When we leave the European Union, an ambitious UK-US free trade agreement will be a key priority for the Department for International Trade, and we have ​already been laying the groundwork. The US-UK trade and investment working group has now met five times
    25. One of the most important trade agreements we are considering is, of course, with the United States, which is our largest single-nation trading partner,
    26. To further that agenda, we will also be exploring how those values should be reflected in the design and provisions of future trade and investment agreements. We are absolutely clear in our policy that any future deals must ensure high food safety, animal welfare standards and environmental protections and maintain our excellent labour standards. The Government are committed to ensuring that this House and people across the country will have the opportunity to scrutinise such commitments in any future free trade agreements—a subject on which I will elaborate later.
    27. The United Kingdom has proud and long-standing domestic commitments to protect the environment, to fight against climate change and to uphold high labour standards. We have clear commitments to sustainable development and the protection and advancement of human rights, as mentioned by the hon. Member for Glasgow East (David Linden), who is no longer in his place. We have a proud and long-standing tradition of promoting those values throughout the world, and the Government remain determined to meet our international commitments in that regard. That will not change as we leave the European Union.
    28. The Government have been clear that more trade does not and cannot come at ​the expense of the deterioration of our world-class regulations and standards, whether they relate to the recognised quality and safety of our products, our labour laws or our environmental protections.
    29. The UK as well as the EU have been at the forefront of improving the investor-state dispute settlement system and its transparency; in particular we supported the UNCITRAL—United Nations Commission on International Trade Law—rules on transparency that became effective in 2014. We have always seen this as being a necessary part of agreements, but we do absolutely agree that transparency is one of the ways that will give greater public confidence in the system itself.

      isds = neccessary although reformable?

    30. I would like to see us use outward direct investment to help some of the poorest countries develop the ability to add value to their primary commodities; and I would like then for us to be able to use our freedoms in tariff policy to be able to reduce those tariffs on those value-added goods.

      hmm. investment? taariffs?

    31. one of the issues that I want to see built into real-time parliamentary scrutiny of our trade agreements so that the House can determine whether the values represented by the United Kingdom are reflected in those agreements.
  9. Jan 2019
    1. If a serious breach of air pollution limit values occurred in a Local Air QualityManagement Area, the OEP may wish to commence enforcement proceedings (vianotices) against both the Local Authority in question, which has obligations underPart IV of the Environment Act 1995 to put in place an action plan to deliverpollution reduction measures, and the Secretary of State for Environment, Food andRural Affairs, who has a duty under the Air Quality (Standards) Regulations 2010 toensure compliance with limit values

      Does the complainant have to know (all of those) who caused the issue they are complaining about?

    2. T

      Timeline above suggests that the OEP would have indefinite time for investigations. is this good or bad?

    3. bodies in Northern Ireland, Scotland and Wales responsible for implementing environmental law will not be covered by the remit of the OEP in respect of devolved matters. If, however, they were responsible for implementing environmental law in respect of any reserved matters, they would fall under the definition of ‘public authority’ and therefore be within the remit of the OEP in respect of those reserved matters

      what reserved matters could to body serve upon in it's current formulation?

    4. in the event the UK leaves the jurisdiction of the EU institutions before the OEP is fully established (for instance in a ‘no deal’ scenario), it would still be able to take action against failings which occurred after the UK’s date of exit but before it was fully established.

      Filling the no deal gap

    5. Subsection (4) sets out certain types of case which the OEP should seek to prioritise when developing and reviewing its complaints and enforcement policy. In particular, the OEP must prioritise those cases that it considers have, or may have national implications. The definition of national implications will be for the OEP to determine, but this provision is intended to steer the OEP to act in cases with broader, or more widespread significance, rather than those of primarily local concern. For example, an individual local planning or environmental permitting decision would not normally have national implications, whereas a matter with impacts or consequences which go beyond specific local areas or regions could have.

      determining which issues the OEP should take on due to national significance.

    6. Subsection (3) specifies that the first statement setting out how the data for monitoring will be obtained and how improvement in the environment will be assessed must be laid before Parliament within four months of this clause coming into force.

      time limit on setting requirements

    7. For example, there is no need for Ministers to consider the environmental principles policy statement in the development of pensions legislation, where there is not likely to be any significant environmental impact.

      Hmmm. would we argue that there could/should be limits placed on - for example - investment here to prevent financing fossil fuels etc?

    8. These Explanatory Notes relate to the draft Environment (Principles and Governance) Bill as published in Draft on 19 December 2018 (Bill Cm9751) damage. xRectification at source principle: Environmental damage should as a priority berectified by targeting its original cause and taking preventive action at source.xPolluter pays principle: The costs of pollution control and remediation should beborne by those who cause pollution rather than the community at large.xSustainable Development: Development that meets the needs of the presentgeneration without compromising the ability of future generations to meet theirown needs.xIntegration principle: Environmental protection requirements must be integratedinto the definition and implementation of polices and activities.xPublic Access to environmental information: Individuals should haveappropriate access to information concerning the environment that is held bypublic authorities. This can include information on the state of the environment,but also on policies or measures taken or on the state of human health andsafety, where this can be affected by the state of the environment.xPublic participation in environmental decision-making: Individuals should beable to participate in environmental decision-making processes.xAccess to justice: Individuals should be able to effectively access judicial andadministrative proceedings, including providing redress and remedy forcitizens.These principles cannot be changed without primary legislation.

      primary leg needed for change

    9. These Explanatory Notes relate to the draft Environment (Principles and Governance) Bill as published in Draft on 19 December 2018 (Bill Cm9751) The OEP will also manage and investigate complaints about alleged contraventions of environmental law by public authorities. The draft Bill sets out who may make such complaints, what form they must take, and the time limits for making complaints. The OEP will also be able to take enforcement action where public authorities are suspected of being involved in a serious breach of environmental law.

      again - investigate 'breaches' but enforce only on 'serious breaches'??

    10. Ministers of the Crown will consider the environmental principles in developing policy by having regard to a corresponding environmental principles policy statement published by the Secretary of State.

      have regard to formulation seems especially weak when expressed like this...

    11. An Environmental Audit Committee report on the Government’s 25 Year Plan for the Environment (“the Plan”) was published on 18 July 2018. This report recommended that the Plan be put on a statutory basis. The draft Environment (Principles and Governance) Bill seeks to do this by introducing a duty on Government to prepare a plan for improving the natural environment, the first of which will be the current 25 Year Environment Plan.

      suggests they really don't see this as going beyond the current plan but unclear on how tangible metrics should be developed from it.

    12. There are some environmental elements of the Withdrawal Agreement which our current proposals do not cover, namely those concerning the independent body’s scope to enforce implementation of the “non-regression” clause. We will consider these provisions of the Withdrawal Agreement ahead of publishing the final Bill


    13. The text sets out that, if the protocol is required, the UK and EU will not reduce their respective levels of environmental protection below those in place at the end of the implementation period

      note the 'if' attached to N-R

    14. non-executive members are to be appointed by the Secretary of State

      SoS able to appoint OEP members :(

    15. he Secretary of State must pay to the OEP such sums as the Secretary ofState considers are reasonably sufficient to enable the OEP to carry out itsfunctions

      SoS able to decide how much money is adequate

    16. missions of greenhouse gases (within the meaning of the ClimateChange Act 2008), but not the subject matter of the FluorinatedGreenhouse Gases Regulations 2015 (S.I. 2015/310);(b) disclosure of or access to information;(c) the armed forces, defence or national security;(d) taxation, spending or the allocation of resources within government

      Things that are excluded from the remit of the OEP

    17. Subsection (1) does not apply if the OEP considers that in the circumstances itwould not be in the public interest to publish a statement

      Hmmm. transparency?

    18. nforcement(1) The OEP may make a review application in relation to conduct described in adecision notice given to a public authority as a failure of the authority tocomply with environmental law.(2) The OEP may make a review application in relation to conduct of a publicauthority occurring after a decision notice was given to the authority that issimilar, or is related, to conduct that was described in the notice as a failure ofthe authority to comply with environmental law.(3) In this Act, a “review application” means—(a) in England and Wales or Northern Ireland, an application to the HighCourt for judicial review, or(b) in Scotland, an application to the supervisory jurisdiction of the Courtof Session.(4) Neither subsection (1) nor (2) overrides any requirement for permission of thecourt to be obtained before making a review application

      The JR bit

    19. The written response to a decision notice must set out—(a) whether the recipient agrees that the failure described in the noticeoccurred,(b) whether the recipient intends to take the steps set out in the notice


    20. A complaint under this section may not be made by any person whosefunctions include functions of a public nature.

      No whistleblowing?

    21. either House of Parliament or a person exercising functions inconnection with proceedings in Parliament

      what does this mean?

    22. not a devolved function

      OEP doesn't deal with devolved functions

    23. proper account

      who determines what a proper level of account is?

  10. Oct 2018
    1. Duty on government as a whole to meet the objectives for example via a duty on the Secretary of State

      is this strong enough?

    2. Government to set targets, milestones and metrics. These should be set within a given period of the passage of the Act (for example, 12 months)

      i like this

    3. An independent body or bodies accountable to devolved parliaments for devolved responsibilities and to UK parliament for UK responsibilities.

      devolved formulation is nice but surely not accountable TO?

    4. oversight arrangements


    5. responsibilities

      again, vague in comparison to our duty

    6. •principles


    7. objectives – because although objectives exist for a number of environmental issues, they have variable status, are currently piecemeal and inconsistent, do not reflect the ambition in the 25 year plan

      25 yp has no ambition

    8. The most powerful, appropriate and proportionate way is probably through organisations and imple-menting an environmental policy to take account of the environment in carrying out their activities.

      hugely business focused. no responsibility for government, seems very fragmented

    9. spatial understanding of how the environment interconnects

      definitely feeling like the WWF stuff... I find this pretty distracting fro the point.

    10. To avoid this situation persisting, the new Act would need to make it a duty of government as a whole to create the conditions to achieve environmental objec-tives. This could be framed for example as“environmental goals to be considered and addressed across government as a whole in determining the most effective, integrated approach to resolving collective environmental problems

      this isn't a duty on government in the way we've been calling for at all - much too tied to goals, not demanding enough

    11. A duty on government to keep on track to achieve the goals. This would need to be accom-panied by a mechanism to ensure whole of gov- ernment responsibility

      this is also quite supportive, esp in this formulation

    12. The main principles are in the EU treaty and will not apply after EU exit.

      they seems to almost be suggesting that we could just make up new ones..

    13. reduce unnecessary bureaucracy, progressively making policy more user friendly

      sounds innocuous but worries me in implication

    14. internationally aligned – so they enable UK businesses to trade with the world and access markets for UK solutions.

      worrying implications for our trade red lines

    15. oversight by an independent and respected body or bodies t

      strong, well resourced and independent would be much stronger watchdog demand

    16. a coherent framework of maps and plans for the place-based environment so there is a clear and stable basis for sectors to plan, invest and collaborate to achieve the range of environmental outcomes that are place specific;4clear and lasting responsibilities for organisations who directly control and influ-ence the state of the environment to incorporate environmental objectives into their activities, reducing the need for government to prescribe 'end-of-pipe' solutions


    17. an integrated process of plans at national level

      is this similar to the WWF point?

    18. ong term objectives, targets, milestones, metrics and principles,

      GUK will probably be OK with this. Not sure i agree with long term or targets and metrics in the bill

    19. The Environment Act may have been prompted by EU exit, but is an opportunity to establish a world lead-ing framework for the environment both on land and at sea.

      this bit is actually nice phrasing

  11. Aug 2018
    1. when courts in the UK or the EU interpret provisions of national legislation intended to give effect to the agreements, they could take into account the relevant case law of the courts of the other party.

      so case law could be optionally regarded...

    2. The agreed rule changes would also need to be given effect in UK law through domestic legislation. The UK Parliament would scrutinise this legislation in accordance with normal legislative procedure, respecting the principle that a sovereign Parliament has complete control over domestic law. This means that the UK Parliament could decide not to give effect to the change in domestic law, but this would be in the knowledge that it would breach the UK's international obligations, and the EU could raise a dispute and ultimately impose non-compliance measures.

      domestic implementation of regulatory alignment

    3. the Joint Committee would consider whether a proposed new or amended UK rule remained equivalent with the EU’s existing rule, or an existing UK rule remained equivalent to a proposed new or amended EU rule.

      regulatory alignment may not mean adopting every new regulation

    4. There would therefore always be an option for the rule not to be added

      so there would be opportunities for future divergence - those might just have trade implications

    5. where there is a common rulebook, these rules can be relied on by individuals and businesses and enforced by UK and EU courts in the same way, because they have been interpreted consistently;

      regulatory alignment means consistent interpretation of laws as well as consistent laws

    6. As a result, the UK therefore proposes to:a.agree a mechanism for annual negotiations on access to waters and fishing opportunities; andb.promote sustainable fisheriesto meet international commitments such as sustainable development goals.

      Fisheries mechanisms / sustainability

    7. Based on key areas of current cooperation between the UK and the EU, these accords should cover: a.science and innovation; b.culture and education; c.overseas development assistance and international action; d.defence research and capability development; and e.space.

      Specific cooperation accords on science & international action

    8. a series of cooperative accordsthat enable the UK and the EU to work together in areas ranging from science and innovation to development and international action; andd.an agreement onfishing opportunities that establishes a framework for reciprocal and fair access to waters and the allocation of opportunities, based on the most up-to-date scientific methodology, promoting sustainable fishing and respecting the UK’s position as an independent coastal state

      specific areas of cooperation - general innovation and fishing

    9. The UK would advocate for the reduction of barriers to trade, particularly those stopping poorer countries accessing richer markets. The UK would also use its voice in the WTO to resist unfair protectionism, tackle unfair trading practices and hold others to account for the global rules

      Wider trade policy - tackling UTPs but also 'unfair protectionism

    10. In the context of trade negotiations, a common rulebook for goods would limit the UK’s ability to make changes to regulation in those areas covered by the rulebook. Ifthe Government wanted to make a change, including in light of trade negotiations with other partners, it could discuss this with the EU through the mechanisms set out in chapter 4. However, the UK would retain the freedom to make changes in other areas of regulation if considered desirable domestically.

      Detail of common rulebook proposal - gov could 'discuss' proposed changes with the eu, including in light of other trade deals

    11. comprehensive Nuclear Cooperation Agreement (NCA) between Euratom and the UK

      Euratom only agency mentioned here - and via an agreement

    12. The UK’s world leading climate ambitions are set out in domestic law and are more stretching than those that arise from its current obligations under EU law. The UK will maintain these high standards after withdrawal.

      climate commitments

    13. that effect, the UK and the EU should commit to the non-regression of environmental standards. There should also be a reciprocal commitment to ongoing environmental

      ...cooperation, including in international fora, to solve shared global environmental challenges. - GUK asks.

    14. committing to high regulatory environmental standards through a non-regression requirement;

      non regression and high standards commitment

    15. the UK is seeking access to the EU’s communications systems, such as the Rapid Alert System for Food and Feed (RASFF), Rapid Alert System for Serious Risk (Rapex), and the Information and Communication System for Market Surveillance (ICSMS).

      RAPEX / RASFF - same access as now?

    16. By being outside the CAP, and having a common rulebook that only applies to rules that must be checked at the border, the UK would be able to have control over new future subsidy arrangements, control over market surveillance of domestic policy arrangements, an ability to change tariffs and quotas in the future, and the freedom to apply higher animal welfare standards that would not have a bearing on the functioning of the free trade area for goods –such as welfare in transport and the treatment of live animal exports

      big welfare focus as opp again - delivery?

    17. The UK will be establishing its own GI scheme after exit, consistent with the WTO Agreement on Trade-Related Aspects of Intellectual Property (TRIPS)

      will this roll over existing GIs?

    18. The UK’s proposal for a common rulebook on agri-food encompasses those rules that must be checked at the border.

      limitation - is there a definitive list of these?

    1. The Government’s longstanding commitment to providing Parliament with a vote on the final deal as soon as possible after the negotiations have ended has been confirmed in statute by section 13 of the EU (Withdrawal) Act 2018. 143.Under section 13 of the EU (Withdrawal) Act 2018 the House of Commons must vote to approve the Withdrawal Agreement and Future Framework before the Withdrawal Agreement can be ratified. Section 13 also provides that the Withdrawal Agreement and Future Framework must be considered by the House of Lords. The Government expects and intends to achieve a deal that Parliament can support.144.Section 13 also sets out that the Withdrawal Agreement cannot be ratified until an Act of Parliament has been passed which contains provision for the implementation of the Withdrawal Agreement. This is a condition that will be satisfied by the EU (Withdrawal Agreement) Bill.145.The EU (Withdrawal) Act 2018 also sets out that the Government must, so far as practicable, hold the vote to approve the final deal in the House of Commons before the European Parliament votes on the Agreement.1

      meaningful vote detail stuff

    2. Before ratification takes place, there will be a final scrutiny processprovided for by the Constitutional Reform and Governance Act 2010 (CRAG). Under this Act, theWithdrawal Agreement must be laid before both Houses of Parliament for a period of 21 sitting days. Provided that the treatyis not resolved against, the Government may proceed to ratification.

      What would it mean to resolve against the treaty?

    3. The first step is approval of the final deal as negotiated under the Article 50 process. This will be Parliament’s opportunity to have its say on the withdrawal package the Government has negotiated, comprising theWithdrawal Agreement as well as the framework for our future relationship with the EU. The process for the vote is set out in the EU (Withdrawal) Act 2018

      Meaningful vote

    4. It is in everyone’s interests -the UK, the EU and third countries -that international agreements continue to apply to the UK during the implementation period. There is a willingness to find a pragmatic way to ensure continuity of international agreements and thereby minimise the impact of the UK’s departure on them. A number of countries have already welcomed this approach publicly, which is encouraging. 94.The continued participation of the UKin these international agreements will need to be provided for by the Bill. To the extent international agreements are considered a part of EU law under the Withdrawal Agreement,79theywould be given effect in the UK through the saved and repurposed ECA mechanisms.

      continued participation in international agreements - note the importance of other MS wecloming this

    5. The UK and the EU have agreed that representatives or experts from the UK will therefore be able tocontinue to attend certain Commission-led EU meetings, and meetings of EU entities where the presence of the UKis necessary and is in the interests of the Union, or where the discussion concerns acts addressed to the UK and its citizens.76The UK will also retain access to specific networks, information systems and databases on current terms for the duration of the implementation period.

      Confirmation of retaining access to institutions etc during transition

    6. As part of delivering a smooth and orderly exit, the UK and the EU have agreed that during the implementation period, the existing EU mechanisms for supervision and enforcement will continue to apply to the UK.68This will ensure that EU rules are interpreted and applied consistently in the UK and the EU during this time, providing certainty for businesses and citizens.

      Confirmation of continued governance at an EU level

    7. Whilst the Government would hope to make any corrections before the end of the implementation period, it is possible that some deficiencies will only become apparent after the conversion of EU law has taken place. The Billwilltherefore amend the sunset on the correcting power at section8 of the EU (Withdrawal) Act 2018so that the powerexpireson 31 December 2022. This arrangement will preserve Parliament’s intention when it passed the EU (Withdrawal) Act 2018 to give the UK Government and the devolved administrations two years beyond the end of the application of EU rules and regulations in the UK to ensure thatthe UK has a functioning statute book.

      Extended powers to create legislation - any concerns around this?

    8. The Bill will also modify the parts of the 1972 Act whose effect issaved to reflect the fact that the UK has left the EU, and that the UK's relationship with EU law during this period is determined by the UK's commitments in the Withdrawal Agreement, rather than as a Member State. The Bill will take a selective approach to saving the effect of the ECA

      so the WIAB could choose not to save a variety of sections in the end, if it so desired...

    9. During the implementation period, EU law will continue to apply to and in the UK under the terms set out in the Withdrawal Agreement.66New pieces of directly applicable EU law that are introduced will continue to apply automatically within the UK; other new EU measures introduced during the implementation periodwill need to continue to beimplementeddomestically.

      new EU laws continue to apply during implementation period and must be legislated for

    10. The Withdrawal Agreement sets out that the UK’s implementation of the citizens’ rights agreement will be monitored by an independent authority.51This will be a new authority that the UK will establishin the Bill. Its powers will have effect from the end of the implementation period.48.The European Commission will perform theequivalent role of monitoring compliance in Member States. This arrangement will ensure that the citizens’ rights agreement is faithfully implemented in both the UK and the EU, providing additional assurance for EU citizens living in the UK and UK nationals living in other EU countries.49.In the UK, the Independent Monitoring Authority (IMA) will have the power to receive complaints from citizens and take appropriate action if they believe there has been a failure on the part of the authorities to implement the terms of the Withdrawal Agreement. The IMA, once established, will additionally: a.report annually to the Joint Committee on the implementation and application of Part Two of the Withdrawal Agreement in the UK;52andb.conduct inquiries into systemic problems with implementation in the UK.

      are there EU citizens rights pertaining to the environment that this body could enforce?

  12. Jul 2018
  13. publications.parliament.uk publications.parliament.uk
    1. independence?

    2. A body corporate called the Trade Remedies Authority (“the TRA”) isestablished.

      Establishes TRA

    3. regulations under sec 1 by SI

    4. Collection of exporter information by HMRC

      HMRC can collect export info and gov can make more regs to say how it does that and what info it collects - but cant use those in this case to amend or repeal existing leg

  14. Mar 2018
    1. Mention has been made of the new environmental body. Strictly speaking, under this clause as it currently stands, the Government would be able to establish, under secondary legislation, the kind of body that the noble Lord, Lord Krebs, who is no longer in his place, was arguing for earlier—a body so powerful it could sanction other public bodies, including the Government, if it was able to reproduce the powers that presently rest with the European Commission. That is an enormous power, which this House would not allow the Executive arm of government on its own without primary legislation conducted through the two Houses.

      interesting point

    2. “Appropriate” is another one. It is a word that creates space when we do not want to be precise—but when you are dealing with matters of law you need precision
    3. “Necessary” is a high bar to meet. The courts have said that the nearest paraphrase for “necessary” is “really needed”, but such a test would be too constrictive.


    4. The noble Baroness also expressed concern about not losing any EU functions. The Government are committed to ensuring continuity, but there are a small number of functions it would be inappropriate for us to transfer to a UK public authority after exit. Examples might include the functions of the Translation Centre for the Bodies of the European Union or the Authority for European Political Parties and European Political Foundations. The Clause 7(1) power makes provision to remove these functions, but only if, outside the EU, they were somehow deficient, not simply because the Government disliked them as a matter of policy.The noble Baroness raised the important matter of maintaining rights, standards and equalities protections, and I want to make clear to noble Lords it is not the intention of this Government to weaken these as a result of our exit from the EU. It is for that very reason that it is necessary for Ministers to have the ability to make adjustments to any relevant legislation to ensure we can continue to enjoy these rights, standards and equalities as we currently do when we are no longer part of the EU.

      government response to general points

    5. The Minister will have noted that not a single Member of the Committee has spoken in favour of the present position in the Bill. From all sides of the Committee, it has been stated that the Bill, as it stands, is not acceptable

      goldsmith, henry vii

    6. I anticipate that the test of necessity will be an easier one to apply for those entrusted with the power than the test of what is appropriate. The latter involves an element of judgment, which is not always easy to exercise;
    7. have had more representations on Clause 7 than on any other part of the Bill—representations from national organisations, human rights organisations, advocacy organisations, legal organisations, professional organisations, and from individuals.

      public and sector focus on this

    8. The powers given to Ministers are “appropriate”. That is a weasel word. Nobody is better placed than I to describe it as such. It is a subjective word, very difficult to define in advance, impossible to challenge and non-judicable. That is why, when I was a Minister, I used it often—at the Dispatch Box, in drafting and in correspondence. I knew full well, as does every person who has stood at the Dispatch Box, that “appropriate” means precisely what the Minister wants it to mean.
    9. I agree with the passionate remarks of my good friend, the noble Lord, Lord Cormack, about the dangers facing this Parliament—mainly the other House, of course, but also this one—in allowing these dangerous provisions to go through without any amendment
    10. When the bus with “£350 million a week” was going around the country, and when those who emerged from it, including the blonde bus conductor, told people, “We want to take power back from the European Union and Brussels”, no one said, “We want to take power back so we can give it to 109 Ministers or public authorities”. If they had said that, I rather fancy that the bus would not have received the generous welcome that it did on many occasions.
    11. As to the distinction between “appropriate” and “necessary”, the suggestion I have heard that Ministers do not realise they are open to legal challenge is, I think, quite wrong. Ministers are well aware that they might be open to legal challenge, and that is why they prefer “appropriate” to “necessary”. It gives them a “plump legal cushion”—that wonderful expression of the noble Lord, Lord Wilson—behind which they can hide.
    12. Then there was the Strathclyde review. Let us not forget what happened in 2015 when this House was criticised for flexing its political muscle. The review said that we should,“understand better the expectations of both Houses when it comes to secondary legislation and, in particular, whether the House of Lords should retain its veto”.We were openly bullied and told, “Don’t you dare challenge a statutory instrument again”. In fact, I remember in that debate, the Government went so far as to say, “You are threatening the very existence of this House if you threaten us any more”. Now we have the potential for thousands and thousands of statutory instruments. Are we going to challenge every one of them and threaten our very existence every day? Do Henry VIII clauses give Governments the power of royal despots?

      they're quite angry....

    13. “Appropriate” is so bland, broad and subjective as to be almost meaningless, as has been said, and it gives the Minister excessive influence and discretion. “Necessary”, by contrast, is more specific and requires justification—and I believe that the courts prefer to handle litigation over “necessary” than “appropriate”, for reasons one can understand. Clause 7 is stuffed with powers that need to be addressed in this way.
    14. The Bill confers on Ministers wider Henry VIII powers than we have ever seen”,
    15. These amendments would tighten, in two ways, the threshold which the Minister of the Crown has to reach in order to be able to exercise the powers. They would tighten it by providing, first, that the powers could be used only where it was “necessary” to use them, not where it was considered “appropriate”. Secondly, they would give an objective test for whether the use of the powers was necessary, rather than the subjective test of whether the Minister considered it appropriate.
    1. Yes, absolutely. In fact, I would go further than that. I am sure that we could provide the evidence not only in terms of international obligations but in terms of Article 191, where all these things can be found. However, let us do that trade and see where the gaps lie, and perhaps we can make some progress on that basis. Certainly, we would welcome any opportunity to iron out some of the differences that appear to exist.

      response on possible changing of amendment at report stage

    2. As the noble Lord, Lord Deben, said, we are not asking for anything more; we are just asking for what is in the existing provisions. We are just trying to put it into language that most people would be able to understand and not tie it up in legal knots.
    3. Common approaches are being considered in a number of areas, which will help to provide the necessary environmental protections. While the UK Government and the devolved Administrations sometimes make different choices on implementation of some policies, these common rules provide significant benefits, such as making it simple for businesses from different parts of the UK to trade with each other and enabling us to meet our international obligations and, therefore, protect our common resources. This is pertinent to the environmental commitments and protections that he rightly raised.
    4. I thank the European Environmental Bureau for this—with the headline, “Precautionary in principle, flawed in fact: European Commission review accepts environmental groups’ criticism of chemical regulation”.

      This is a bit worrying because them pushing for further regulation is making the countess argue against REACH - need to counter: "but I also ask that we do not mirror the behaviour of the REACH organisation and that we tighten up our own principles and make sure that we get it right."

    5. On Amendment 113, the secondary legislation made using the powers under Clause 7 will be subject to parliamentary oversight, using well-established procedures. This amendment would require us to make all the regulations within one month of Royal Assent. This would not allow time for stakeholder consultation and would also not allow sufficient time to make all the SIs—noting that affirmative SIs take longer than one month to be laid and made.

      Is this right? is the amendment impossible?

    6. Amendment 66 also goes further than the existing principles set out in EU and UK law today. In particular, it would introduce a new power for courts to declare provisions in primary or secondary legislation to be incompatible with the environmental principles. This power does not currently exist in either EU or UK law.I will go a little further. The precautionary principle is included in, for instance, the REACH regulation and the invasive species regulation, so it will be preserved by the Bill in those areas. Similarly, the polluter pays principle, referred to by a number of noble Lords, is referred to in the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, which will also be preserved by the Bill. EU case law on chemicals, waste and habitats, for example, includes judgments on the application of the precautionary principle to those areas, which will, likewise, be preserved by the Bill.The purpose of the Bill is to convert and preserve the law so that after exit it continues to operate as intended. This includes many of the directives referred to, such as the wild birds and habitats directives, as transposed through domestic legislation. It is not appropriate for the Bill to introduce new powers of this kind.   Share this contribution Lord Deben   Share this contribution My noble friend has explained that some things are already there. Can he give me an undertaking that if we were in consultation to remove from this amendment anything that is additional to where the European Union now is, he would accept this amendment? That is the issue. If we were to do that, would he accept the amendment?   Share this contribution Lord Callanan   Share this contribution I cannot give an assurance that we would do that. This is about legal certainty—taking a snapshot of existing laws and transferring them into UK law as it is. It is not about creating new powers within the Bill. There will be a further opportunity to discuss this when we publish our proposals for the new body.   Share this contribution Lord Deben   Share this contribution I have not said “new powers” or talked about creating legal certainty. He keeps using that phrase. I merely said that if we amend this so that there is no additionality to what is already in European law, will he accept that as an amendment?   Share this contribution ​ Lord Callanan   Share this contribution If a new amendment is put forward, of course we will look at it and consider its legal implications. I can give that assurance.

      But it refers to them at EU level, no? Chance of an amendment at report stage that isn't ambitious enough based on these commitments?

    7. My Lords, is the Minister familiar with Einstein’s theory of relativity? The reason I ask is because if you do the sums, I reckon that there is just over 12 months to go between now and the proposed date of exit from the European Union. We are talking about a three-month consultation period—starting heaven knows when, because we still do not know when the document for the consultation will be launched—then we have perhaps another nine months to pass an environment Bill through Parliament, if it is to be a statutory body, and then perhaps another six months to set up the organisation, fund it and appoint ​the staff. That sounds like a minimum of 18 months to go into 12. But of course, as Einstein pointed out, if you can travel at a speed faster than 186,000 miles per second, you can stretch time, so I hope that the Minister is proposing to invoke Einstein’s theory of relativity in ensuring that the body will be in place by the proposed date of exit.


    8. I could not help but remember an Adjournment debate in the other place, over 30 years ago, when the late, great Reggie Bennett mentioned the problems that he had enjoying his favourite sport of swimming off the south coast. He said, “Mr Speaker, there are very few beaches onto which I can now go and swim. All I can do is go through the motions”. That just brings home, in a very simple but important way, that we owe a lot to directives that have come from Europe and been brought into our laws.
    9. The points he made on the archaeological issues are of very great importance indeed, and it is crucial—I speak as a fellow of the Society of Antiquaries and a former vice-president of that body—that these points are taken into account.

      again, archeological influence

    10. The clean growth strategy says that the Government are considering the UK’s future participation in the EU ETS post Brexit. It would certainly appear possible to stay in the EU ETS. Iceland, Liechtenstein and Norway participate in it. For a range of reasons it certainly appears to be a good idea.On Friday, the Prime Minister told us that she wants to secure,“broad energy co-operation with the EU”,and to protect the single energy market on the island of Ireland and the UK’s participation in the EU internal energy market. This will be easier if we are in the EU ETS. The clean growth plan anticipates increases in electricity imports from Europe via interconnectors. This will be easier and fairer on UK generators if we are in the EU ETS.
    11. Here in your Lordships’ House we are very fortunate to have a considerable number of noble and learned Lords who give us the benefit of their expertise. I have noticed that they often disagree, and very strongly. Therefore, surely keeping these issues in the Bill would save an awful lot of legal time and legal argument and would be better for the Government. I say that in a spirit of total helpfulness and support.
    12. It is now well established that the scheduling of ancient monuments and the listing of historic buildings, valuable though they are for the most conspicuous sites, are insufficient to protect rural landscapes and historic town centres. Indeed, planning authorities regularly make the provision of prior archaeological investigation a condition for the granting of planning consent for developments, whether for roadworks, motorways or new buildings.Archaeological concerns are enabled and can be met by the application of environmental principles, which are codified in Article 191 of the Treaty on the Functioning of the European Union. These principles provide safeguards against adverse policy change and provide a basis for legal challenge

      archeological arg again

    13. On Amendments 66, 112 and 113, I simply say that, if the Government are sincere in their stated commitment —as the noble Lord, Lord Deben, said—to uphold all the environmental commitments that we are signed up to and to uphold the spirit of the transfer of EU law into UK law, they should have absolutely no hesitation in supporting all these amendments.
    14. I shall speak to my Amendment 67A

      relating principles to food production