Trade Bill

Baroness Laing of Elderslie Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Tuesday 19th January 2021 Commons Chamber

Consideration of Lords amendments

[Madam Deputy Speaker (Dame Eleanor Laing)]

I must draw the House’s attention to the fact that financial privilege is engaged by Lords amendment 11. If the Lords amendment engaging financial privilege is agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.

After Clause 2

Parliamentary approval of trade agreements

[The Minister for Trade Policy (Greg Hands)]

I beg to move, That this House disagrees with Lords amendment 1.

[Madam Deputy Speaker]

With this it will be convenient to discuss the following:

Lords amendment 2, and Government motion to disagree.

Lords amendment 3, Government motion to disagree, and amendment (a) in lieu.

Lords amendment 4, and Government motion to disagree.

Lords amendment 5, and Government motion to disagree.

Lords amendment 6, and Government motion to disagree.

Lords amendment 7, and Government motion to disagree.

Lords amendment 8, and Government motion to disagree.

Lords amendment 9, and Government amendments (a) and (b) thereto.

Lords amendment 10, and Government amendment (a) thereto.

Lords amendments 11 to 31.

[Greg Hands]

This Bill marks a significant milestone. Its passage into law will have numerous benefits for the UK economy: giving certainty to business with regard to our continuity trade agreements; confirming the UK’s access to the global procurement markets; providing protection to businesses and consumers from unfair trading practices; and ensuring that we have the appropriate data to support our exporters and importers. This Bill has enjoyed rigorous parliamentary scrutiny, having been through many of its parliamentary stages twice, and I am delighted to finally see it reach this stage. I am sure it will soon be passed into law, to the satisfaction of all.

I will speak to each amendment in turn, beginning with Lords amendment 1, which is in the name of Liberal Democrat peer Lord Purvis. With our new-found freedom, it is right that Parliament should be able to scrutinise effectively the UK Government’s ambitious free trade agreement programme. However, Lords amendment 1 goes far beyond what would be appropriate for our unique constitutional make-up and would unduly tie the hands of Government to negotiate in the best interests of the UK. The Government have listened to the concerns of both Houses throughout the passage of this Bill and have moved significantly to improve further its enhanced transparency and scrutiny arrangements.

--- Later in debate ---

[Mr Djanogly]

Is not the situation at the moment that, effectively, the amount of scrutiny provided is at the whim of the Executive? If they want to give us hundreds of pages of Bill the day before we have to sign, they can do that. If they want to give another country a month for scrutiny, as with Japan, but us no time at all, they can do that. We need a system here.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I do not think we should go much further down this line. I have 59 Back-Bench Members who wish to participate in this scrutiny now, so let us not go down the rabbit hole of scrutiny but stick to the purpose of the amendments before us.

[Emily Thornberry]

I am grateful, Madam Deputy Speaker. My argument is simply that the scrutiny amendment among these amendments is perhaps the most important, because if Parliament could be allowed scrutiny, we would not focus on other particular issues, because we would know that, in the end, Parliament could make the decision. I would find it particularly astonishing if any Government Minister or Whip is able to look their colleagues in the face and ask them to vote down the amendments on parliamentary scrutiny of trade deals after the shambles we saw in December with the supposed scrutiny of the new continuity agreements—10 deals that were agreed too late to complete the 21-day ratification process before they came into force.

The Minister is an intelligent man, and I am surprised that he is so uninformed. Four of those deals were finally laid before Parliament on the afternoon of new year’s eve, just a few hours before they took effect. The deal with Cameroon has still not been laid before Parliament, almost three weeks after it came into force. Needless to say, there was not a single word of parliamentary debate about any of those 10 agreements before they took effect, let alone any suggestion of parliamentary approval. The very fact that it is possible for all that to happen without falling foul of the Constitutional Reform and Governance Act is all the evidence we should need that the procedures set out in CRaG for the scrutiny of the Government’s trade deals are simply not up to the job.

The Government might make the argument that, since those 10 deals in December did not sell any NHS data or alter our standards on food hygiene, their agreement does not make the case for the amendments I mention or for new levels of parliamentary scrutiny. However, that brings me to the issue of human rights. What happened in December makes an incontrovertible case for Lords amendments 2 and 3, on human rights, and 1 and 5, on parliamentary scrutiny.

It is understandable and right that many Members will focus their contributions on the situation in China and the plight of the Uyghur people. We have all read with horror the first-hand accounts of torture and extrajudicial killings, mass incarceration in detention camps, forced sterilisation and abortions, servitude and slave labour. It shames the world that this is happening in our lifetime and it disgraces the Government of China. It is absolutely right that if a UK trade deal with Beijing is proposed or agreed, representatives of the Uyghur community should be able to seek a ruling from the High Court that the crimes they face in China meet the criteria for a charge of genocide, in turn requiring the UK Government to consider revoking that trade deal. When the Minister has an opportunity to look at the compromise amendment, as it has been called, he will see that that is what is being suggested.

There have been various arguments by Ministers as to why the proposed genocide amendment is neither appropriate nor necessary. I will deal with one of those in particular. It has already been suggested that no trade deal with China is imminent, and so measures to block such a deal are premature—a point well made, Members may think. However, the problem is that it cannot be squared with the fact that both the UK and China have to different degrees announced their plans to consider joining the comprehensive and progressive agreement for trans-Pacific partnership, the trans-Pacific trade partnership.

If the Government cannot guarantee, first, that they will beat China to the punch, and secondly, that they will be given veto power over any future bid by China for membership, I am afraid that the right hon. Gentleman is not in a position to guarantee to Members of the House that a trade deal with China is not on the horizon, because in the shape of CPTPP it most obviously is. That was why I was trying to intervene on the right hon. Gentleman—to see what his answer was. I would be happy to give way again, or perhaps he can answer at the end of the debate.

That dispute about the potential timing of any China deal raises a very important issue, which I hope all supporters of the genocide amendment will consider very seriously. During this debate on trade and human rights, and the surrounding media coverage, it would be very easy to tell ourselves that this is a discussion entirely about China, and therefore entirely about deals that might or might not take place in the future. The reality is that it should, and it must, also be a debate about the deals that the Government have done this month, and the deals that they are openly planning to do in the next two years, because anyone who cares deeply about the human rights of China must also have deep concerns about the records of Egypt, Turkey and Cameroon or Saudi Arabia, Bahrain and Brazil. That is why Lords amendment 3 demands that before the Government negotiate and sign such trade deals in future, they should present Parliament with a report on the human rights record in each country in question and allow Parliament to take that into account during the process of scrutiny and approval.

Let me give the House one example of why Lords amendment 3 is required. Just five days before the US Senate was attacked, it came together to approve a resolution co-sponsored by 20 senators from both parties, from Marco Rubio to Cory Brooker. It was about the brutal campaign of subjugation by the French-speaking Government in Cameroon against the country’s English-speaking minority. The Senate resolution condemned with great force the atrocities committed by the Anglophone separatist militias, and it speaks with equal power about the actions of the Cameroon Government, including “torture, sexual abuse,”

massacres and

“burning of villages, the use of live ammunition against protestors, arbitrary arrest and”

unlawful

“detention…enforced disappearances, deaths in custody,”

attacks on journalists and the regular killing of

“civilians, including women, children and the elderly”.

The Senate resolution noted approvingly that, exactly one year before, the Office of the United States Trade Representative—remember, this was Donald Trump’s trade representative, the direct counterpart of the Secretary of State for International Trade—had terminated Cameroon’s access to preferential trade rights due to

“persistent gross violations of internationally recognized human rights.”

Finally, in that same spirit, the Senate resolution urged members of the international community to join the United States in a strategic collective effort to put pressure on the Government of Cameroon, including through “the use of” all

“available diplomatic and punitive tools”.

I have quoted that Senate resolution at length because I believe that we must ask ourselves what on earth those senators would think if they knew that on that very same day, when they were unanimously passing those strong words of condemnation towards the Government of Cameroon and urging the international community to join them, here in the United Kingdom we were bringing into effect a brand-new continuity trade agreement with Cameroon—a trade deal that was agreed by Ministers apparently with no consideration, and clearly no concern, for the persistent gross violations of international human rights that are taking place inside Cameron; a trade deal that none of us in this House bar Ministers have even been allowed to read, let alone debate or approve; and a trade deal that may or may not contain provisions on human rights, but until the Government finally decide to publish it, we the elected Members of this Parliament simply cannot know. I hope that Members on both sides of the House will keep the example of Cameroon in mind, and consider the words of the US Senate and the actions of the US trade representative, when judging how to vote later.

We all know that on occasions such as this when amendments are up for debate, Ministers will try to persuade us that they do not disagree with the good intentions behind them, but they just do not think that they are really required. However, if that is what Ministers say today in relation to Lords amendments 2 and 3 on human rights, or Lords amendments 1 and 5 on parliamentary scrutiny, I only ask Members to remember Cameroon: a trade deal done with a regime that is slaughtering women and children just because they live in English-speaking towns; a trade deal done in the face of the US Senate on the same day that it called for international support; and a trade deal that, incredibly, has still not been laid before Parliament, almost three weeks after it came into force.

I urge all Members to think about the Cameroon deal and how little consideration Ministers gave either to human rights or to the rights of this Parliament when they decided to sign it. Finally, I urge Members to ask themselves and their conscience whether they accept what those same Ministers are saying when they go through the amendments before us today and tell us, “They’re not really required.”

[Madam Deputy Speaker]

I had hoped that we might manage at least the first part of this consideration without a formal time limit, but I will have to impose a time limit initially of six minutes, at the absolute outside—in the hope that Members will take less time than that.

[Sir Iain Duncan Smith]

It is a privilege to speak in this debate. I am conscious that time is tight, so I am going to try to make my points as quickly as possible. I rise to speak in support of Lords amendment 3, and in particular to support and speak to amendment (a) in lieu of Lords amendment 3 standing in my name and the names of my colleagues, as set out on the amendment paper. Amendment (a), by the way, has been in the hands of the Government now for over a week, and I put it on record that I have had no calls back or contact, but maybe that is going to change.

Let me turn to the reasons behind Lords amendment 3. The Lords tabled this amendment because it would enable the courts in the UK to make an advisory—I stress, advisory—preliminary genocide judgment for Governments to consider when signing trade deals with states accused of committing genocide. The amendment provides a sound legal basis for the Government to engage in obligations under the convention on the prevention and punishment of the crime of genocide in a way that is consistent, frankly, with the long-standing UK policy on genocide. After all, we were founder signers of the original charter, which bound the UK Government and all Governments to implement that charter in their own rights, rather than simply leaving it to the International Criminal Court.

The amendment is necessary because, as we have all seen, existing international mechanisms have, frankly, failed: in the UN, any reference to the ICC that is not agreed to by particularly intolerant states is immediately vetoed. The amendment would open perhaps the most important thing that has gone missing: the ability for victims of alleged genocide to see justice. That would include ethnic and religious minorities, such as those in China’s Xinjiang Uyghur region, maybe even the Rohingya Muslims in Myanmar and others. My point is that the amendment would bring that back to the UK courts.

The amendment is very important, as it deals with the UK’s independent trade policy—for the last 50 years, we have not had control; now we have left the European Union and have control—and would allow the UK courts, when a trade arrangement is being negotiated or taking place, to determine on a preliminary basis whether genocide has occurred in the country that we are supposing to strike that trade arrangement with at that particular time. Let me say that this is in regard to free trade arrangements; it does not really cover bilaterals.

The amendment is needed because Uyghurs and victims of alleged genocide have been denied justice for many years. As the right hon. Member for Islington South and Finsbury (Emily Thornberry) said, these are people at the moment—there are others as well—who have been pushed into slave labour, have had sterilisation forced on them and whose population has shrunk by some 85%, and that country is exporting trade goods produced by slave labour. It is quite clear to me, but I am not able to say so, that this has all the hallmarks of genocide. I am not able to say so, because at the end of the day we all agree that the courts have to make that decision.  It is not for individual politicians to do so.

--- Later in debate ---

[Dr Fox]

Because I believe that the high court of Parliament is the appropriate place to do that. Parliament can apply sanctions where it believes they are justified. Our new legislation allows us to do that.

I believe that setting a political precedent to make a political case is bad practice. If Parliament wants to take action against China or any other country, on behalf of those who they believe have been partially, unfairly or violently dealt with, the best route is to try to pressure the UK Government to take those measures. The Lords amendments being put forward today for the very best reasons are the very worst practice. That is a good reason for Parliament to reject them.

[Madam Deputy Speaker]

Before I call the next hon. Member, I give notice that the time limit will be reduced to four minutes after the Chairman of the Select Committee, the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil). We have three more colleagues on six minutes; thereafter, four minutes. I call Shabana Mahmood.

[Shabana Mahmood (Birmingham, Ladywood) (Lab) [V]]

I wish to speak in support of Lords amendment 3, known as the genocide amendment, moved by Lord Alton in the other place, which deals with trade agreements made with states accused of committing genocide. I associate myself with the remarks made by my right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry), the shadow Secretary of State for International Trade, on that amendment and on the human rights situation more generally.

I am grateful for the cross-party efforts that led to the addition of the amendment to the Bill; I hope that another cross-party effort in this House will be successful today. I note the comments the Minister made in opening the debate today. They follow the position taken by the Foreign Secretary when he made a statement to the House on forced labour supply chains last week. The approach taken by the Government is dispiriting and deeply disappointing. If the Government prevail today, I believe they will come to regret it.

The amendment will, first, send a clear signal about the absolute basic threshold that must be crossed before we strike trade deals around the world, and about the sorts of people, countries and regimes that we will do business with. Not being a genocidal state should be the absolute minimum requirement that all of us in this House should be able to sign up to. It would enable the UK courts to make what is, in effect, an advisory preliminary determination of genocide for the Government to consider when they are signing trade deals with states accused of committing genocide.

The Government say that genocide determination is a matter for judges, not politicians. That is the long-standing position of UK Governments of all political persuasions. The amendment would provide the only viable legal route to have a genocide determination made by judges.

That is why the remarks made by the former Secretary of State for International Trade, the right hon. Member for North Somerset (Dr Fox), just a few moments ago, are entirely wrong. When we talk about genocide, it has to be a determination made by judges in a legal context. The problem is that at the moment the international legal system—the routes provided by the United Nations and international treaties—are, frankly, a busted flush. Something is needed to break the cycle of inaction and ineffectiveness. We are awash with warm words that simply do not change the situation on the ground. All we are currently laying the ground for is an after-the-fact statement of sorrow when genocide has occurred. The world keeps saying, “Never again” in relation to genocide, yet it occurs with shocking, depressing regularity.

China is, of course, the most striking example of the failures of the international system. The Government recognise and condemn the actions of the Chinese regime against the Uyghur people in Xinjiang. Mountains of evidence exist about forced sterilisation, mass detentions, slave labour and the destruction of culture and heritage. To my mind, a genocide is being perpetrated by the Chinese regime against the Uyghur people, but of course that requires a legal determination in a court to have legal force, rather than simply political and moral force.

Every international legal route is blocked by the Chinese Government—China has a veto. It has a majority on the UN Human Rights Council and is not a party to the International Criminal Court. The amendment provides a mechanism for the UK High Court to make a preliminary determination in the context of a trade agreement. If the UK High Court rules that the extremely high evidential bar for the crime of genocide is satisfied, its judgment will be available for the Government to consider.

Perpetrators of genocide should not be rewarded. They must know that actions have consequences, and an increasingly belligerent China needs to see that the British Government will not simply stand by and watch, impotent and unable to do anything whatsoever. The modest import and export restrictions linked to forced labour abuses that were made by the Government last week are welcome, but they do not deal with the specific charge of genocide, so I am afraid that that action, although it is welcome and although it was taken by the Government only last week, cannot get them off the hook on agreeing with the amendment today.

The amendment does not give the courts too much power. It is supported by eminent lawyers in the other place who have dealt with the issues around the separation of powers far better than I can in the short time available to me. In any case, if the Government agree that genocide determination is a matter for judges, the fact that at the moment their position amounts to saying that they will go along with a genocide determination made by international judges through the international system, but not one made by our own High Court, to my mind, simply does not stand up.

The amendment does not prevent the international legal system from kicking into action, although frankly that seems impossible at this point. In any case, it is a preliminary determination. It would enable the word “genocide” to be used credibly in a legal sense and I simply do not buy the idea that the courts would be swamped with vexatious claims. They can, will and regularly do dismiss claims that lack minimum standards of evidence. I say to the Minister that, if the amendment still does not work for the Government, they should have considered compromise amendments and efforts to reach compromise offered by Members from their own Benches, which I agree with and support. They say we have no trade agreement with China. We do not have an FTA with China, but we have other bilateral trade agreements with China, such as the UK-China bilateral trade and investment treaty. Others could be made.

Genocide is described as the crime above all crimes. Surely we can all agree in this House today that it must be the minimum starting point for the conditions we will place on whom we will trade with. I urge the Government to change course and accept the amendment today.