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Lord Hunt of Wirral (Con)

Speaking in the House of Lords on 10 November 2025

Debate

Trade Act 2021 (Power to Implement International Trade Agreements) (Extension to Expiry) Regulations 2025

Contribution

My Lords, I join noble Lords in welcoming the Minister. I too participated in the debate on the steel industry, mentioned by the noble Lord, Lord Fox, where we had the benefit of two maiden speeches from the two new Ministers, the noble Baroness, Lady Lloyd, and the noble Lord, Lord Stockwood. Looking back, that was a really good, wide-ranging debate. I thought this would be a very narrow, rather simple statutory instrument to deal with, having looked at it—until my noble friend Lord Lansley got up. It may be that it applies only to continuity agreements, but thanks to the noble Baroness, Lady Bennett of Manor Castle, and the noble Lord, Lord Fox, we have entered a much wider debate. If I were the Minister, I would welcome that, because it gives him an opportunity to set the framework in the ways that my colleagues have outlined. Having said all that, this instrument merely seeks to extend for a further five years the power under the Trade Act 2021. This power enables Ministers, including those in devolved Governments, to make regulations to implement the non-tariff provisions of continuity trade agreements with so-called partner countries—those that had agreements with the European Union before the UK’s exit. This instrument does not change the substance of the policy; it merely extends the time within which that power may be used from December 2025 to December 2030. The rationale is that it will bring legal certainty and flexibility to implement existing and future agreements. I understood that it is particularly directed to those agreements under discussion with Switzerland and Turkey. I hope the Minister will be able to explain the context and answer the questions posed by my noble friend Lord Lansley. I would also like to know what has happened concerning the agreement under discussion with the Republic of Korea; the Minister may well be able to explain why he omitted to mention it. Continuity and predictability in our trading relationships are indeed important for British businesses and exporters, particularly small and medium-sized operations. It is also sensible that the devolved Administrations can continue to use this power where matters fall within their competence. From paragraph 6.6 of the Explanatory Memorandum, on the legislative and legal context, I understood that the devolved Governments had been asked and were consulted on the power in Section 2(1). What happened in those consultations and what responses were received from the devolved Governments? Then we have the whole question of parliamentary scrutiny of trade agreements, which has been raised in this debate. It would be very helpful if the Minister could give us some outline of what his approach will be and the approach of his department. I would also like to press him on several points of oversight and accountability. First, the powers granted under Section 2(1) must always be exercised within the statutory protections set out in the Trade Act. I instance employment rights; environmental standards, already referred to; animal welfare; data protection; and the integrity of our publicly funded healthcare services. It would be really helpful if the Minister could give us assurances on those points. Secondly, I would like him to give us a little more context about how this five-year period has been calculated. It must be used wisely. The power was always intended to be a transitional mechanism following EU exit. From looking back at those debates, already referred to, it was never seen as a permanent feature of trade policy. We therefore expect the Department for Business and Trade to report in due course on how frequently the power has been used and whether a further extension beyond 2030 will genuinely be necessary.

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