Trade Bill — After Clause 6 — Trade And Agriculture Commission: Advisory Functions — 19 Jan 2021 at 18:04

The majority of MPs voted not to require the Government to request advice from the Trade and Agriculture Commission on human life and health matters when preparing a report on if a free trade agreement relating to agricultural products maintains United Kingdom levels of statutory protection in areas including health and the environment.

MPs were considering the Trade Bill.^[1][2]

The amendment accepted by the majority of MPs in this vote

• Amendment (a) proposed to Lords amendment 10

Lords amendment 10^[3] stated:

• Insert the following new Clause—
• “Trade and Agriculture Commission: advisory functions
• (1) Section 42 of the Agriculture Act 2020 is amended as follows.
• (2) After subsection (4), insert—
• “(4A) In preparing the report, the Secretary of State must—
• (a) request advice from the Trade and Agriculture Commission on the matters referred to in subsection (2), and
• (b) publish the request, together with any associated terms of reference or guidance.
• (4B) Before laying the report, the Secretary of State must lay before Parliament any advice received in response to a request under subsection (4A).”
• (3) In subsection (5)—
• (a) after “report” insert “or advice received in response to a request under subsection (4A)”;
• (b) omit “of it”;
• (c) in paragraph (d) after “report” insert “or advice”.
• (4) After subsection (6), insert—
• “(6A) On or before the third anniversary of IP completion day and at least once every three years thereafter, the Secretary of State must review the operation of subsections (4A) and (4B) and consider whether to make regulations under subsection (6B).
• (6B) The Secretary of State may by regulations repeal subsections (4A),
• (4B) and (6A), and amend subsection (5) to remove reference to advice requested in accordance with subsection (4A).
• (6C) Regulations under subsection (6B) are subject to the affirmative resolution procedure and may not come into force before the third anniversary of IP completion day.””

Section 42 of the Agriculture Act 2020^[4] began:

• A free trade agreement that includes measures applicable to trade in agricultural products may not be laid before Parliament under Part 2 of the Constitutional Reform and Governance Act 2010 unless the Secretary of State has first laid a report complying with subsection (2) before Parliament.

Amendment (a) to Lords amendment 10 stated^[5]:

• Line 6, after “subsection (2)” insert “except insofar as they relate to human life or health”

The amendment approved in this vote removed a requirement for the Government to request advice from the Trade and Agriculture Commission on human life and health matters when preparing a report on if a free trade agreement that includes measures applicable to trade in agricultural products maintains UK levels of statutory protection for the life and health of humans, animals and plants, animal welfare and the environment.

The motion supported by the majority of MPs in this vote was:

• That the amendment be made.

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• [1] Parliament's webpage on the Trade Bill, Parliament.uk
• [2] Explanatory notes to the Trade Bill, 18 January 2021, Parliament.uk
• [3] Lords amendments to the Trade Bill, 18 January 2021, Parliament.uk
• [4] Section 42 of the Agriculture Act 2020 as enacted, Legislation.gov.uk
• [5] Amendment paper for Commons Consideration of Lords Amendments as at 19 January 2021, 19 January 2021, Parliament.uk

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