Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2019

Let me be clear on the purpose of these amending regulations. In the absence of these regulations, existing European Union law will not be effective in UK domestic law on the day we exit the European Union. These regulations are made using the affirmative procedure, because they delegate a legislative power to the Secretary of State. The regulations replace the Commission’s power to update the list of controlled goods with a power for the Secretary of State to update, exercisable by way of regulations made using the negative procedure. After EU exit, the legislation will enable the Secretary of State to control the export from the UK of the listed goods that could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. As far as is possible, the legislation will operate as it does now, but controls on the goods will apply when they are exported from the UK rather than from the EU.

Our export controls have an important part to play in promoting global security by controlling the goods that leave our shores. The Government have a responsibility to be prepared for any exit day scenario and we need to ensure that these controls continue to function. Exit-related legislation provides the necessary legislative building blocks to ensure readiness on exit day, whenever that is. The European Union (Withdrawal) Act enables a functioning statute book on exit day by providing Ministers with the tools to deal with deficiencies in domestic law arising as a result of our exit from the EU. Thus, these regulations take another step towards completing the legislative part of controlling the export of strategic goods in preparation for a no-deal exit scenario. The Department for International Trade will continue to work on providing detailed advice and guidance about export controls and trade sanctions. If these regulations are no longer required on exit day, we expect to revoke or amend them. Alternatively, commencement could be deferred to the end of an implementation period.

I take this opportunity to remind the House that these regulations are solely about preparing for European Union exit and ensuring that we have a functioning statute book in any scenario. They do not change policy. Broadly, all the provisions applying to exports from the EU customs territory today will instead apply to exports from the UK. For this reason, the Government have made every effort to provide certainty for businesses and the public whenever possible. In August last year, we published a technical notice on export controls, which explained our plans for post-EU exit export control licensing. We have also included EU exit advice, both in the export control training programme and at the annual export control symposium, and given extensive advice to key sector trade organisations.

To conclude, the legislation is necessary to ensure that we are prepared for EU exit and continue the ban on trade in torture goods and control the trade in goods with potential torture application. I commend the Motion to the House. I beg to move.

It was explained that such a data-sharing treaty with the United States was potentially so valuable that we were prepared to forgo the death penalty assurance. I am concerned that a future free trade agreement with the United States might be so valued by this Government, or any future Government, that they might be prepared to remove certain goods from the list of those that could be used for capital punishment at the request of the United States, if this was necessary to ensure such a free trade agreement. The Government are already prepared to provide evidence to United States law enforcement even if it results in someone being sentenced to death. I am now concerned that this Government may also be prepared to provide the United States with the goods that would enable the US to carry out such an execution, without the explicit consent of both Houses of Parliament. I look forward to the Minister’s assurance that this will not be the case.

“The impact on business, charities or voluntary bodies is a new requirement for torture goods export licences”.

This being the case, can the Minister tell the House why no impact assessments have been produced for this statutory instrument? It seems that there is a requirement on the Government to do so on behalf of the businesses, charities and voluntary bodies for which there is a new requirement regarding torture goods export licences.

By how many UK businesses will these changes be felt? As I said before, a figure of an average of 10 grants per year was used in the other place by way of explanation, but communication about these new export licences would happen through a notice to exporters, which includes some 20,000 companies. Could the Government not be more precise about their communication on this extremely serious matter—that is, could not the 10 or thereabouts companies per year that engage in the export of such goods be communicated with directly concerning the changes in and requirements of the transferal of the law from the EU to the UK? Can the Minister explain the new criteria justification for permitting the export of such goods? Will there be any changes to the current criteria or will they remain the same? It is assumed that compliance with international standards will remain an obligation on the Government, but that will be made more difficult as the UK will no longer be in the EU’s tent, so to speak, to communicate about these matters. Can the Minister confirm that the Government will continue to comply with international standards and explain how they will get information about what is being considered, what has been rejected and what has been accepted—or, indeed, denied—for licensing by the European Union or other international bodies, post Brexit?

We are considering the most important part of the UK’s continuing reputation as a country that places human rights at the centre of our international relations. Although, on these Benches, we support the requirement of the SI, it is necessary that the Government address these and other questions before the House agrees to it.

I can reassure noble Lords that breaches of export controls are dealt with as an offence under the Customs and Excise Management Act 1979 with a maximum penalty of 10 years’ imprisonment or unlimited fines. I was very interested to hear that. The noble Lords also raised the list of items subject to control. As I said in my opening remarks, the Government are committed to robust controls over the trade in goods usable for capital punishment, and those controls will not be the subject of any free trade agreement with the USA. I hope that that gives reassurance to noble Lords. We are part of the global Alliance for Torture-free Trade. The United Kingdom is a member of the alliance because of EU membership, but will remain a member when we exit the EU.

The noble Lord, Lord Lennie, asked whether the regulations will create new or impose greater burdens on business. As I said, we are talking about only 10 licences that are granted per year. Some 70% are completed in 20 working days and our target for processing them will remain the same. We do not envisage that there will be any impact on the time taken to get the licence if we are not still part of the EU. I should also like to reassure the noble Lord that there will be no relaxation of the strict way in which the controls are applied. That will not change, as I think I have said a couple of times.