I want to write to Lord Clement-Jones
Lord Clement-Jones: ...am pleased that we are now debating them on the Floor of the House. I referred in Committee to what my noble friend Lord Tyler said about the critical importance of effective and timely scrutiny of Brexit-related secondary legislation. We have to do this properly. I noticed that the tag in front of this business is “Business expected to be brief”, but we do still have a few loose ends,...
Lord Clement-Jones: ..., which caters for creative workers such as musicians, actors or artists who are working and touring in the UK, will continue. This is welcome but, again, without the right reciprocal provisions, Brexit is likely to make touring much more difficult for musicians and crews to move across Europe. Increased red tape will make it harder to promote music overseas. Then, if the withdrawal...
Lord Clement-Jones: ...summer music festivals such as Glastonbury, Edinburgh, Glyndebourne, Reading and Leeds. Is this the hostile environment we can now expect for all artists—whether they are EU citizens or not—if Brexit takes place? Is the Home Office now dictating our cultural and creative exchanges?
Lord Clement-Jones: My Lords, has the Minister read the document from the Intellectual Property Office entitled IP and Brexit: The Facts? There are no facts in it. It says that the Government recognise the concerns of IP professionals, and recognise that owners of registered community design rights “want clarity”. On trademarks, it says that the Government, “is looking at various options”, and similarly...
Lord Clement-Jones: ...as mentioned by the noble Lord, Lord Stevenson—off-the-shelf or not—being initially financed is the absolute bare minimum required. Then again, we are heavily dependent on skilled EU workers. A Brexit brain drain is already threatening the UK tech sector, which relies heavily on foreign talent from the EU. DeepMind is already setting up a laboratory in Paris because of that. We need...
Lord Clement-Jones: ...what plans they have to update the regulation of the electronic communications sector in a manner which will avoid imposing additional complexity on British companies trading across Europe after Brexit; and whether those plans are dependent on whether the EU Electronic Communications Code is implemented during the transition period after the UK leaves the EU.
Lord Clement-Jones: ...assessment they have made of the impact on the fashion and other design-based industries of the potential loss of European unregistered design rights for United Kingdom-generated designs following Brexit.
Lord Clement-Jones: ...It is vital to many key sectors—manufacturing, retail, health, information technology and financial services in particular—that the free flow of data between ourselves and the EU continues post Brexit with minimum disruption. With an increasingly digital economy, this is critical for international trade. TechUK, TheCityUK, the ABI, our own European Affairs Sub-Committee and the UK...
Lord Clement-Jones: To ask Her Majesty’s Government what assessment they have made of the ability of United Kingdom audiovisual services to take advantage of the European Union country of origin rules after Brexit.
Lord Clement-Jones: ...channels based here which are broadcast to the EU and get the benefit of a single regulator in the form of Ofcom. The Creative Industries Federation states, in its report today on global trade and Brexit: “To ensure the UK remains a leading hub for international broadcasters, the continued mutual recognition of broadcasting licences between the UK and EU Member States is imperative”....
Lord Clement-Jones: ...Only today, the noble Baroness, Lady Williams, prayed in aid a recital in an earlier rather useful debate on Clause 13. We really need to know what the status of these recitals is both pre and post Brexit. Is it that of an immediate aid to interpretation or an integral part of the law, or is it more like that of a Pepper v Hart statement, to be used only when the meaning is not clear in...
Lord Clement-Jones: ...change after that or not? If we are relying on that kind of interpretation, we need to have a pretty clear idea and a pretty good statement from the Government that it will continue after Brexit. Where I am still unpersuaded and thought the argument was not really as good as it could have been was over my Amendment 41, on recital 71. Children are not adequately drawn into the legislation...
Lord Clement-Jones: To ask Her Majesty's Government what incentives, if any, they plan to introduce to ensure that, following Brexit, firms continue to develop intellectual property in the UK, including for paediatric products and orphan medicines; and whether, in so doing, they will take into account any recommendations arising out of the European Commission’s current analysis of intellectual property...
Lord Clement-Jones: .... To me, “solely”, in the ordinary meaning of the word, does not mean that human intervention is there at all, and that is a real worry. The writ of the article 29 working group may run until Brexit but, frankly, after Brexit we will not be part of the article 29 working group, so what interpretation of the GDPR will we have when it is incorporated into UK domestic law? If those rights...
Lord Clement-Jones: My Lords, I thank the Minister for that interesting exposition, which ranged from now into the future. He has given a vision of the post-Brexit shape of our data protection legislation. Extraterritoriality will apply even though the language used may be that of the applied GDPR as opposed to the GDPR itself—just to be confusing, perhaps as much as the Minister confused us. I want to be...
Lord Clement-Jones: ...is the concern in many sectors—manufacturing, retail, health, information technology and financial services in particular—that the free flow of data between ourselves and the EU continues post Brexit with minimum disruption. With an increasingly digital economy, this is critical for international trade. We have been briefed by techUK, TheCityUK, the ABI, our own Lords EU affairs...
Lord Clement-Jones: My Lords, I am afraid that there is precious little to welcome in the Queen’s Speech for our arts and culture and our creative industries. The Creative Industries Federation, in its Brexit report published last autumn, reinforced by its recent report, Our Red Lines on Brexit, rightly stated: “Talent and skills are fundamental to the UK’s creative success. It is vital we continue to...
Lord Clement-Jones: ...agreed that the principle of transparency should be incorporated into law, whether directly or by transposition. Clearly, if the EU directive is passed within the two-year period after notice of Brexit is given, it may well be incorporated into UK law. The Minister gave encouragement to the principle but did not say that the Government fully supported that element of the directive. Article...
Lord Clement-Jones: ..., and so on, but she never actually agreed that the principle of transparency should be incorporated into UK law. Clearly, if the EU directive is passed within the two-year period after notice of Brexit is given, it may well be incorporated into UK law. However, the Minister did not say, “Yes, and moreover, given the call for evidence, we have heard the evidence on transparency and we...
Lord Clement-Jones: ..., for his contribution, and the noble Lord, Lord Stevenson, in particular for an amendment that we would all support if only it were practical. Who knows? There may be some silver lining to Brexit at the end of the day. I do not think that that is quite substantial enough for many of us but it is certainly a little glimmer. I thank the noble Duke, the Duke of Somerset, as well. Of course...