Trade Bill — After Clause 2 — Trade Agreements and Genocide — Parliamentary Judicial Committee — 22 Mar 2021 at 19:41

The majority of MPs voted against a committee of five members of the House of Commons or House of Lords who have been senior judges assessing reports of genocide by parties to trade agreements, informing Parliamentary consideration of the situation.

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

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

• That this House
• insists on its Amendments Nos. 3C and 3D and
• disagrees with the Lords in their Amendment No. 3E.

Lords amendment 3E, which was rejected by the majority of MPs in this vote began^[3]:

• After Clause 2, insert the following new Clause—
• “Trade agreements and genocide
• (1) Subsection (2) applies if the responsible committee of the House of Commons publishes a report which—
• (a) states that there exist credible reports of genocide perpetrated by a counter-party to a relevant agreement, and
• (b) confirms that, in preparing the report, the committee has taken such evidence as it considers appropriate.
• (2) The matter is referred to the Parliamentary Judicial Committee (“PJC”) for a preliminary determination on genocide perpetrated by a counter-party to a relevant agreement.
• (3) Following a preliminary determination from the PJC under subsection (2) the Secretary of State must prepare a response to the responsible committee of the House of Commons.
• (4) Subsection (5) applies if, after receiving a response from the Secretary of State to the preliminary determination mentioned in subsection :(2), the responsible committee of the House of Commons publishes a report which—
• (a) includes a statement to the effect that the committee is not satisfied by the Secretary of State’s response, and
• (b) sets out the wording of a motion to be moved in the House of Commons in accordance with subsection (5).
• (5) A Minister of the Crown must make arrangements for the motion mentioned in subsection (4)(b), within a reasonable period, to be debated and voted on by the House of Commons.
• ...
• (11) A Minister of the Crown may by regulations made by statutory instrument make provision for or in connection with the establishment and funding of, and appointment to, the PJC, and the process of referral and preliminary determination made pursuant to subsections (2) and (7).
• (12) Regulations under subsection (11) above may in particular—
• (a) specify the procedure by which members (who must have held high judicial office) may be appointed to the PJC, and on whose authorisation;
• (b) make provision about the procedure and rules of evidence necessary for consideration of a referral mentioned in subsections
• (2) and (7), allowing for hearings under oath, the collection of evidence, including exculpatory evidence
• ..
• (8)
• ...
• Parliamentary Judicial Committee” or “PJC” means an ad hoc committee established in accordance with regulations under subsection (11), comprising five members of the House of Commons or House of Lords who have held high judicial office;

The proposed new clause contained further provisions to set out a further process focused on the House of Lords, and further definitions of terms used.

The proposed new clause continued to set out a further process focused on the House of Lords, powers to make related regulations, and definitions of terms used.

Commons amendments 3C and 3D were supported in this vote.

Amendment 3C began^[4]:

• Insert the following new Clause—
• “2A Free trade agreements and genocide
• (1) Subsection (2) applies if the responsible committee of the House of Commons publishes a report which—
• (a) states that there exist credible reports of genocide in the territory of prospective FTA counter-party, and
• (b) confirms that, in preparing the report, the committee has taken such evidence as it considers appropriate.
• (2) If, after receiving a response from the Secretary of State, the committee publishes a report which—
• (a) includes a statement to the effect that the committee is not satisfied by the Secretary of State’s response, and
• (b) sets out the wording of a motion to be moved in the House of Commons in accordance with subsection (3), subsection (3) applies.
• (3) A Minister of the Crown must make arrangements for the motion mentioned in subsection (2)(b) to be debated and voted on by the House of Commons.
• (4) Subsection (5) applies if the responsible committee of the House of Lords publishes a report which—
• (a) states there exist credible reports of genocide in the territory of a prospective FTA counter-party, and
• (b) confirms that, in preparing the report, the committee has taken such evidence as it considers appropriate.
• (5) If, after receiving a response from the Secretary of State, the committee publishes a statement to the effect that—
• (a) it is not satisfied by the Secretary of State’s response, and
• (b) it seeks a debate on the report, subsection (6) applies.
• (6) A Minister of the Crown must make arrangements for a motion for the House of Lords to take note of the report and the Secretary of State’s response to be moved in that House by a Minister of the Crown.
• ...

The proposed new clause contained further provisions to set out a further process focused on the House of Lords, and further definitions of terms used.

Amendment 3D stated^[4]:

• Title, Line 1, leave out “the implementation of”

This reflected the broadening scope of the Bill, and impact over the life of the trade agreement, introduced by amendment 3C.

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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, 22 March 2021, Parliament.uk
• [4]Amendment sheet containing Commons amendments 3C and 3D, "Marshalled list for Consideration of Commons reason and amendments in lieu", 19 February 2021, Parliament.uk
• [5] Trade Bill as of 21 July 2021, Parliament.uk

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