Lords division · 23 Feb 2021 · No. 1

Trade Bill

Lord Alton of Liverpool moved, as an amendment to Motion B, to leave out from “disagreed,” to end and insert “do disagree with the Commons in their Amendments 3C and 3D in lieu, and do propose Amendment 3E in lieu—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.(6) Subsection (7) applies if the responsible committee of the House of Lords 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.(7) The matter is referred to the PJC for a preliminary determination on genocide perpetrated by a counter-party to a relevant agreement.(8) Following a preliminary determination from the PJC under subsection (7) the Secretary of State must prepare a response to the responsible committee of the House of Lords.(9) Subsection (10) applies if, after receiving a response from the Secretary of State to the preliminary determination mentioned in subsection (7), the responsible committee of the House of Lords 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.(10) 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, within a reasonable period, in that House by a Minister of the Crown.(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 ofevidence, including exculpatory evidence, and the standard of proof to which the PJC should work.(13) In making such regulations the Minister of the Crown must have regard to—(a) the experience gained in the operation of this section;(b) the object and intended purpose behind the operation of this section including—(i) the upholding of all undertakings in and international obligations arising from the United Nations Convention on the Prevention and Punishment of the Crime of Genocide;(ii) provision of meaningful referral without unreasonable hindrance to the PJC or the committee making the referral pursuant to subsection (2) or (7).(14) Regulations under subsection (11) may contain supplemental, incidental, consequential and transitional provision.(15) A statutory instrument containing regulations under subsection (11) is subject to annulment in pursuance of a resolution of either House of Parliament.(16) In this section—“counter-party to a relevant agreement” means a counter-party with which the United Kingdom has a bilateral trade agreement or is engaged in negotiations for a bilateral trade agreement;“genocide” has the same meaning as in the Convention on the Prevention and Punishment of the Crime of Genocide (see Article 2 of the convention) and refers to genocide occurring, or continuing, after this section comes into force;“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;“preliminary determination” means a public finding by the PJC of genocide perpetrated by a counter-party to a relevant agreement, after due consideration by the PJC of all available evidence;“the responsible committee of the House of Commons” means any select committee of the House of Commons charged with responsibility for this section;“the responsible committee of the House of Lords” means any select committee of the House of Lords charged with responsibility for this section.””The House divided:

The Contents have it

Majority 153

Contents: 367 Not Contents: 214

At a glance The Contents won by a margin of 153 votes. The Government's position was Not Content, and it lost.

How the parties voted

Contents

Labour	138
Crossbench	85
Liberal Democrat	78
Conservative	29
Non-affiliated	18
Bishops	10
Democratic Unionist Party	4
Green Party	2
Ulster Unionist Party	1
Plaid Cymru	1
Lord Speaker	1

Not Contents

Conservative	180
Crossbench	20
Non-affiliated	13
Ulster Unionist Party	1

The party breakdowns are our own analysis of the official voting records (recorded votes only; they do not describe the formal whip). How we work this out.

Peers attend divisions ad hoc, so there is no did-not-vote list. Tellers are counted in the Content and Not Content totals, unlike in the Commons.