UK-Japan Comprehensive Economic Partnership Agreement

Alex Sobel Excerpts

Wednesday 25th November 2020 Commons Chamber

[Alex Sobel (Leeds North West) (Lab/Co-op)]

We know that this deal is almost a carbon copy of the EU-Japan deal. We can discuss the ironies of this Government plagiarising the EU’s work on another occasion. However, I would like to focus on the small but significant differences and what they might mean for the UK.

We will undoubtedly hear a lot of concern about digital rights today, and it would be remiss of me not to voice my concerns and the concerns of my constituents—I am also a graduate of the School of Computing at the University of Leeds—about what the deal means for data privacy. The deal allows for the

“free flow of data between Japan and the UK”,

and from there on to other trade partners, undermining existing data protection frameworks.

Perhaps most concerningly, this means our data being transferred to a range of countries, including the USA, and obviously the other countries that have recently signed the CPTPP. US data protection laws are some of the weakest in the western world. There is no federal oversight, just a patchwork of state enforcement models. By allowing data to be sold off to the US, the Government are removing the right of UK citizens to know where their data is held and for what purpose. We will not be able to stop our data being used in discriminatory ways, and we will not be able to have it deleted. This could well undermine the provisions of the online harms Bill that the Government plan to lay before the House.

It is also worth noting that despite e-commerce and online retail being wrapped up in digital tech services, they are not mentioned in the deal. Instead, the deal only specifically refers to FinTech, which gives us a crucial clue about the Government’s plans. FinTech firms, usually backed by venture capitalists, are necessarily globalised. The deal fails to support small start-ups or individuals. It tells us what we already know: the Conservatives are not the party of business, they are the party of the financial elites. This deal does not create a level playing field.

The lack of concrete and enforceable environmental and sustainable provisions is another real concern of mine. This deal was a golden opportunity to outline and to aspire to establish world-leading practices as both countries work to reduce their carbon emissions to zero by 2050, and to lay the groundwork for COP26 in Glasgow. How many golden opportunities on the climate are the Government prepared to squander in the run-up to COP?

I think it is fair to say that the natural environment is at best an afterthought here. Little consideration was made of the deal’s effect on biodiversity, which is particularly pertinent as we export more agricultural goods and import large quantities of chemicals and plastics. There is an over-reliance on future technologies to excuse the potential increase in carbon emissions caused by international trade. This is worrying, and yet to be addressed.

Japan’s track record on animal welfare and sustainability is shaky, to say the least. Last year, it resumed catching whales for profit in defiance of international criticism, yet the majority of the environmental provisions in this deal are non-enforceable. Flimsy, unenforceable terms present a real barrier to upholding high environmental protection, animal welfare and food standards. The Conservatives promised us in their manifesto that they would not compromise on that, so why are they compromising on it in this first deal?

[Matt Rodda (Reading East) (Lab)]

Does my hon. Friend perhaps notice a pattern emerging here? We have seen the Agriculture Bill, and the widespread concern about chlorinated chicken and other abhorrent practices. We have heard today of the deep concern about some of the things that are happening in Japan. While we obviously welcome the deal, does he agree that there is a pattern emerging of the Government putting serious environmental concerns at the back of the list of the matters they are addressing in these deals?

[Alex Sobel]

I do agree with my hon. Friend. I sat on the Environment Bill Committee many months ago, when the Bill first came in and before there was a huge pause, and this was also clear in relation to that Bill, so we are seeing a pattern across these Bills and these deals.

Moving on to the wider ambitions of the Government, I would like to ask—I see that the Secretary of State is leaving her place, but perhaps the Minister for Trade Policy will respond—whether this is the first step towards joining the regional comprehensive economic partnership, or just clearing the way to become a member of or a signatory to the CPTPP through the British overseas territory of the Pitcairn Islands.

[Jonathan Edwards]

From my understanding of the trans-Pacific partnership, it includes very strict provisions on state aid and an investor-state dispute resolution mechanism, both of which mean conceding a great deal of sovereignty. Does it not just go to show that the great Brexit slogans of “take back control” and “a global Britain” are inherently contradictory?

--- Later in debate ---

[Alex Sobel]

The provisions of the investor-state dispute settlement are exceedingly worrying. We have seen previous trade deals founder on them because they give private entities a whip hand over Government and the state. We are meant to be taking back control, not handing it to private courts.

Perhaps the Minister can enlighten me on the points I have raised about his ambitions towards the CPTPP and the RCEP through that great overseas territory, the Pitcairn islands—which qualifies as it is in the Pacific.

Ultimately, we have to ask what kind of deal we want. Do we want a deal that puts the data privacy and security of the everyday person at its heart, or one that furthers British financial services? Do we want a deal that protects the natural environment or one that encourages lower standards? I would ask the Government to do better in future.