Trade Bill Debate
Full Debate: Read Full DebateDepartment: Department for Business, Energy and Industrial Strategy
Lord Hendy
Main Page: Lord Hendy (Labour - Life peer)Department Debates - View all Lord Hendy's debates with the Department for Business, Energy and Industrial Strategy
Committee stage
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Committee: 2nd sitting (Hansard)
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Committee: 2nd sitting (Hansard): House of Lords
Thursday 1st October 2020
Read Full debate Trade Bill 2019-21 View all Trade Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 128-III Third marshalled list for Grand Committee - (1 Oct 2020)
Thursday 1st October 2020
(3 years, 8 months ago)
Grand CommitteeRead Full debate Trade Bill 2019-21 View all Trade Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 128-III Third marshalled list for Grand Committee - (1 Oct 2020)
Moved by
Lord Hendy
17: Clause 2, page 2, line 23, at end insert—
“( ) Regulations under subsection (1) may make provision for the purpose of implementing an international trade agreement only if the international trade agreement does not contain any form of investor-state dispute settlement mechanism applicable to any part of the United Kingdom in relation to a claim brought by a foreign investor against a United Kingdom public authority except to the extent that—(a) the laws of the United Kingdom administered in the courts and tribunals of the United Kingdom so provide, and(b) a person (whether or not an investor) domiciled in the United Kingdom has equal protection under those laws and equal access to redress for any such claim in those courts and tribunals.( ) In this section “public authority” includes the Crown, Parliament, an appropriate authority as defined in section 4(1), a local authority, and any person who has functions which include functions of a public nature.”Member’s explanatory statement
This amendment would preclude the subjection of acts and decisions of UK public bodies to claims for compensation by foreign investors under ISDS or other multilateral investment courts or tribunals. It would not preclude a foreign investor relying on UK domestic law or the UK’s judicial system.
“( ) Regulations under subsection (1) may make provision for the purpose of implementing an international trade agreement only if the international trade agreement does not contain any form of investor-state dispute settlement mechanism applicable to any part of the United Kingdom in relation to a claim brought by a foreign investor against a United Kingdom public authority except to the extent that—(a) the laws of the United Kingdom administered in the courts and tribunals of the United Kingdom so provide, and(b) a person (whether or not an investor) domiciled in the United Kingdom has equal protection under those laws and equal access to redress for any such claim in those courts and tribunals.( ) In this section “public authority” includes the Crown, Parliament, an appropriate authority as defined in section 4(1), a local authority, and any person who has functions which include functions of a public nature.”Member’s explanatory statement
This amendment would preclude the subjection of acts and decisions of UK public bodies to claims for compensation by foreign investors under ISDS or other multilateral investment courts or tribunals. It would not preclude a foreign investor relying on UK domestic law or the UK’s judicial system.
Lord Hendy (Lab) [V]
I am in your hands, Chair. I see what the time is, and my speech to move this amendment will not be as short as the interventions I made earlier in our discussions of the Bill. I cannot guarantee that I will finish by 7.30 pm, I am afraid. Do you wish me to proceed? Should I break in the middle of my speech? How should I conduct it?
Motion to Adjourn
Moved by