Vol. 814 Tuesday No. 39 20 July 2021 PARLIAMENTARYDEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT ORDEROFBUSINESS Introduction: Baroness Davidson of Lundin Links ...........................................................119 Questions Council of Europe Convention on Access to Official Documents .................................119 Human Rights Due Diligence ........................................................................................123 Chinese Products and Companies: Human Rights Violations .......................................126 National Food Strategy Independent Review.................................................................130 Minimum Energy Performance of Buildings Bill [HL] First Reading...................................................................................................................133 Conduct Motion to Agree..............................................................................................................133 Medical Devices (Northern Ireland Protocol) Regulations 2021 Motion to Approve ..........................................................................................................142 Medical Devices (Coronavirus Test Device Approvals) (Amendment) Regulations 2021 Motion to Approve ..........................................................................................................142 Leasehold Reform (Ground Rent) Bill [HL] Report.............................................................................................................................154 Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 Motion to Approve ..........................................................................................................204 Legacy of Northern Ireland’s Past Statement........................................................................................................................232 Grand Committee Animal Welfare (Sentience) Bill [HL] Committee (2nd Day).................................................................................................GC 1 Lords wishing to be supplied with these Daily Reports should give notice to this effect to the Printed Paper Office. No proofs of Daily Reports are provided. Corrections for the bound volume which Lords wish to suggest to the report of their speeches should be clearly indicated in a copy of the Daily Report, which, with the column numbers concerned shown on the front cover, should be sent to the Editor of Debates, House of Lords, within 14 days of the date of the Daily Report. This issue of the Official Report is also available on the Internet at https://hansard.parliament.uk/lords/2021-07-20 In Hybrid sittings, [V] after a Member’s name indicates that they contributed by video call. The following abbreviations are used to show a Member’s party affiliation: Abbreviation Party/Group CB Cross Bench Con Conservative DUP Democratic Unionist Party GP Green Party Ind Lab Independent Labour Ind SD Independent Social Democrat Ind UU Independent Ulster Unionist Lab Labour Lab Co-op Labour and Co-operative Party LD Liberal Democrat LD Ind Liberal Democrat Independent Non-afl Non-affiliated PC Plaid Cymru UKIP UK Independence Party UUP Ulster Unionist Party No party affiliation is given for Members serving the House in a formal capacity, the Lords spiritual, Members on leave of absence or Members who are otherwise disqualified from sitting in the House. © Parliamentary Copyright House of Lords 2021, this publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 119 Introduction [20 JULY 2021] Council of Europe: Official Documents 120 House of Lords The Minister of State, Cabinet Office (Lord True) (Con) [V]: My Lords, I apologise for not being present Tuesday 20 July 2021 in your Lordships’ House—I have been since the first lockdown—but I am currently isolating and will not be The House met in a hybrid proceeding. able to attend the House this week. The United Kingdom Government have no plans to adopt the Convention Noon on Access to Official Documents. Prayers—read by the Lord Bishop of Southwark. Lord Foulkes of Cumnock (Lab Co-op): I send my sympathies to the Minister but that is a very unsatisfactory answer, and I wish he was here in person so I could tell Introduction: Baroness Davidson of him to his face. Does he agree that, with certain Lundin Links limited exceptions, access to official documents is essential for transparency, good governance and a functioning 12.07 pm democracy? A number of countries—Ukraine, Estonia, Finland, Hungary, Norway, Sweden and others—have agreed to adopt this convention. Can the Minister give The right honourable Ruth Elizabeth Davidson, having us just one simple reason why the British Government been created Baroness Davidson of Lundin Links,of Lundin are not doing likewise? Links in the County of Fife, was introduced and took the oath, supported by Lord Keen of Elie and Lord McInnes of Kilwinning, and signed an undertaking to abide by the Lord True (Con) [V]: My Lords, the noble Lord Code of Conduct. always tells me that my Answers are unsatisfactory; I do not always agree with him. As it stands, the convention, which has not been adhered to by the overwhelming Oaths and Affirmations majority of EU nations, would not, in our view, allow for the appropriate protection of sensitive information 12.11 pm or of journalistic independence, as Parliament intended when it passed the Freedom of Information Act 2000. TheEarlof Leicestertooktheoath,followingtheby-election under Standing Order 9, and signed an undertaking to Lord Adonis (Lab): My Lords, can the Minister abide by the Code of Conduct. help the House? Can he explain what it is about releasing the official documentation concerning the £37 billion test and trace scheme and the £12.5 billion Arrangement of Business of PPE contracts—including the VIP route, which has Announcement been roundly criticised by the National Audit Office—that might conceivably make the Government reluctant to 12.13 pm sign this convention? The Lord Speaker (Lord McFall of Alcluith): My Lords, the Hybrid Sitting of the House will now begin. Lord True (Con) [V]: My Lords, I have given the Some Members are here in the Chamber while others House the reasons for the Government not wishing to are participating remotely,but all Members will be treated adhere to the convention. However,the United Kingdom equally. Government are absolutely committed to transparency and the principles behind the convention and recognise The social distancing requirements in the Chamber the work done by the Parliamentary Assembly of the have been removed, but I strongly encourage Members Council of Europe in this sphere. We routinely disclose to continue to wear face coverings while in the Chamber, information well beyond our freedom of information except when speaking, and to respect social distancing obligations and in line with many of the provisions of in relation to staff in the Chamber. the convention. Oral Questions will now commence. Please can those asking supplementary questions keep them no longer Lord Thomas of Gresford (LD) [V]: I am sure the than 30 seconds and confined to two points? I ask that Minister is entirely apprised of the fact that the Council Ministers’ answers are also brief. of Europe is completely separate from the EU. The attitude of the Government on an issue such as this Council of Europe Convention on Access to tends to smack of an anti-European thread in the Government, which I am sure is not in the interests of Official Documents this country. Can the Minister kindly explain why such Question a universally accepted treaty should not be acceded to by this Government? 12.14 pm Asked by Lord Foulkes of Cumnock Lord True (Con) [V]: My Lords, I have underlined the principle of this Government’sbelief in transparency. To ask Her Majesty’s Government what plans I refute the idea that there is anything anti-European they have to adopt the Council of Europe Convention here. The current adherents to the treaty are Bosnia, on Access to Official Documents (CETS No. 205). Estonia, Finland, Hungary, Lithuania, Montenegro, 121 Council of Europe: Official Documents[LORDS] Council of Europe: Official Documents 122 [LORD TRUE] resolve of your Lordships’ House, of the Government Norway, the Republic of Moldova, Sweden, Ukraine and the whole of Parliament. All central government and Iceland. The majority of EU countries are not departments are required to publish datasets, including signatories. I think that answers the noble Lord’s point central government contracts, tender opportunities that this is some kind of EU line. and contract award notices over £10,000, central government spending over £25,000, the gender pay Lord Mackay of Clashfern (Con): My Lords, can gap data—I will not prolong the list, because other the Minister say whether a Cabinet paper would be an Members wish to ask questions. However, I stress to official document in terms of this treaty and, if so, would your Lordships that a great deal of information is it be protected under Article 3k? voluntarily published by the Government and that we do and will adhere to the law. Lord True (Con) [V]: My Lords, my noble and learned friend is right to draw attention to this. Although Baroness Jones of Moulsecoomb (GP): I am absolutely protection for deliberations within public authorities thrilled to hear that the Government are, in the words is allowed