Trade (Australia and New Zealand) Bill

Anum Qaisar Excerpts

2nd reading
Tuesday 6th September 2022 Commons Chamber

[Ms Anum Qaisar (Airdrie and Shotts) (SNP)]

It is a pleasure to follow the hon. Member for Penrith and The Border (Dr Hudson). His contribution was incredibly reasoned and, as someone who grew up in a cricket-loving household, I appreciated his cricket references.

These are the UK’s first independently negotiated free trade deals over 50 years, and the agreements are being hailed as a Brexit success by those on the Conservative Benches. However, today we are left to scrutinise a technical Bill that does not work in the interests of Scottish farmers and does not reflect the Scottish Government’s vision for trade. Frankly, this Bill threatens the devolution settlement through provisions designed to constrain the powers of Scottish Government Ministers. These measures have forced the Scottish Government to lodge a legislative consent memorandum in the Scottish Parliament recommending that Holyrood does not consent to the Bill in its current form.

Procurement is of course a devolved matter—a power exercised by Scottish Government Ministers—but this Bill seeks to constrain those powers. It allows UK Government Ministers to make secondary legislation on devolved matters of procurement without further consent from the Scottish Parliament. Additionally, any future amendments made to the trade deals will not receive further consent. Crucially, this removes a level of oversight.

Under the Constitutional Reform and Governance Act 2010, Parliament lacks an effective method of scrutinising as well as examining treaties and trade deals. Concerns over the lack of scrutiny of agreements are not limited to these Benches. Members on both sides of the House, alongside my good friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), Chair of the International Trade Committee, have expressed those concerns about being unable to debate the impact of trade deals, crucially, on their constituents. These deals will have significant consequences for people, businesses and the climate. There must be effective scrutiny of these deals to make sure that we have a positive impact on society.

Scottish farmers, including those in my constituency, are already struggling. They face a crisis of uncapped energy prices and labour shortages causing crops to rot in fields, as well as the lost EU farming subsidies. We now also face trade deals that will harm their interests and have been described by the president of the National Farmers Union of Scotland as,

“very one sided, with little to no advantage for Scottish farmers”.

Of particular concern are the concessions on animal welfare and environmental standards, which could cause lower-quality produce to undercut farmers from across these four nations.

The lack of environmental and animal welfare standards in these trade deals risks food that is pumped full of pesticides and antibiotics entering our markets. The reality is that these goods fall short of UK standards, with Which? finding that 72% of people across the UK do not want food coming in through trade deals that does not meet current standards.

[Angus Brendan MacNeil]

I have hesitated to interrupt the hon. Lady, because her speech is going really well—as well as I hope Celtic will be going tonight when they are cuffing Real Madrid after about 8 o’clock. But the point that she raised earlier, and the point I hesitated on, was that if this United Kingdom was a proper Union, we would not have a situation where the United Kingdom Government were imposing on the Scottish Government in devolved areas that it independently controls. It does not happen in the European Union; there is respect there. We see a sad lack of respect when it comes to the UK Union, when they think they can impose it. That aspect gives us a problem around this deal.

[Ms Qaisar]

I thank my hon. Friend for his contribution and I must admit, as I said earlier, that I grew up in a cricket-loving household and football, sadly, is not my forte.

Once again Scotland is paying the price for being outside the EU, even though over 60% of the country voted remain. The recently negotiated deal between the EU and New Zealand saw stronger safeguards for farmers in comparison to the UK deal. Of course, as an independent country in the EU, Scotland will be able to regain stronger protections.

The Bill bypasses essential parliamentary scrutiny of the Australia and New Zealand trade deals. The elements of the Bill that are up for debate erode the devolution settlement, thus reducing the power of Scottish Government Ministers on matters of procurement. It puts Scottish farmers, along with food and drink manufacturers, at risk of being undercut by meat that potentially may be produced to a lesser standard than that which we currently enjoy.

The UK Government must achieve better protections for Scottish farmers or, crucially, grant the Scottish Parliament the powers to prevent goods of lower standards from being sold in Scotland.

Trade (Australia and New Zealand) Bill (Second sitting)

Anum Qaisar Excerpts

Committee stage
Wednesday 12th October 2022 Public Bill Committees

[The Chair]

I remind colleagues that the scope of the Bill is quite narrow, as Nick alluded to. I do not know whether any other witness wants to comment on that question.

Jonnie Hall: The question raised the issue of standards, and how you could build and ensure standards through any procurement contract. We all have standards in mind around all sorts of trading arrangements, and that has been one of the major focal points of the FTAs with New Zealand and Australia, but we have to bear in mind that it is not just about animal health and welfare and environmental standards; it is about the way in which the production systems operate in New Zealand and Australia. Their costs of production are different from those in the UK, often because of the very high standards and compliance costs that go alongside production here.

Ultimately, an awful lot of procurement contracts will be negotiated on price, given that there will be a written understanding, at least, that the standards in them will be of an equitable value, if that is the right expression. It is the competing on price piece that will probably be of more concern to Scottish producers than anything else, because we operate under different agricultural production systems and our cost structures are therefore different. If it comes to Government procurement issues, it may be that New Zealand and Australian produce is more attractive simply in terms of value for money—I will call it that, but the word “value” is not right.

[Ms Anum Qaisar (Airdrie and Shotts) (SNP)]

Q Thank you to the panel for joining us this afternoon. There has been an indication that suppliers in other countries may receive the same commitments made to Australia and New Zealand. What impact, if any, will that have on your sector’s ability to compete for UK public sector contracts?

Nick von Westenholz: As I said at the beginning, these kinds of arrangements, whether through FTAs or more generally through the Government procurement agreement, obviously put restrictions on the ability of the UK Government to encourage purchasing of UK goods in public procurement contracts. You understand why: these are liberalising arrangements that are intended to encourage trade. But we also know that there is widescale political support for “buy British” provisions in Government procurement, so there is a tension between the sorts of provisions in these chapters and the stated desire from the Government to encourage more Government procurement of British food.

In terms of how much that will come to bear in practice, Australia and New Zealand are obviously on the other side of the world; it is not clear the degree to which they will be pitching for procurement contracts around food, but this would facilitate that if they wanted to. It is part of a wider picture of essentially facilitating more overseas provision of food in public procurement, and that is a concern if your policy objective is to encourage more “buy British” in public procurement.

Jonnie Hall: I agree with what Nick just said. There seems to be some divergence between a policy that is intended to stimulate trade, as opposed to backing local Scottish and British food producers and manufacturers. There will obviously be some sort of trade-off in that situation, and I am not clear where that would leave Scottish producers in the longer term.

Trade (Australia and New Zealand) Bill (Third sitting)

Anum Qaisar Excerpts

Committee stage
Tuesday 18th October 2022 Public Bill Committees

[Gareth Thomas]

I appreciate that Conservative Members will be focusing on other mistakes that the Prime Minister has made, but my hon. Friend is absolutely right. One wonders whether, in the rush to get a deal with Australia, Ministers essentially decided just to give up their negotiating leverage on these issues and hoped to push it through quietly without too much attention. None the less, we have aired these issues. We will reflect on what the Minister says, and we may well come back to this matter on Report. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Ms Anum Qaisar (Airdrie and Shotts) (SNP)]

I beg to move amendment 1, in clause 1, page 1, line 15, at end insert—

“(3A) Regulations under subsection (1) will not come into force before the date on which the procurement Chapters come into force.”

The amendment is pretty self-explanatory. It is about the timing of entry into force. As my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey and I have mentioned, the Scottish Government have consented to the intent of the Procurement Bill. The UK Government’s procurement provisions in the Procurement Bill will supersede this Bill’s procurement provisions when it receives Royal Assent.

The draft Bill was not cleared with the Scottish Government in advance of its introduction, while the drafting of key elements of clauses relating to cross-border procurement—which directly engage the legislative consent process—were not cleared with the Scottish Government until the day before the Bill’s introduction. There has therefore been no meaningful opportunity for the Scottish Government to engage on the specific drafting of provisions before their introduction. It is key that we pass legislation that is thorough. That is why such amendments as this are so important. I encourage colleagues to consider the amendment.

--- Later in debate ---

[Sir James Duddridge]

The Procurement Bill is in the House of Lords. It has still not reached us. I do not wish to be disparaging about the House of Lords, but had the Bill started here and were the hon. Gentleman, the hon. Member for Airdrie and Shotts and I on the case, no doubt we would have sorted it earlier. I ask the hon. Lady to reflect and to withdraw her amendment.

[Ms Qaisar]

It will come as no surprise to the Minister that the SNP will disagree with what he is saying. However, we are content to reconsider the amendment and will perhaps bring it back at a later stage. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Ms Anum Qaisar]

I beg to move amendment 3, in clause 1, page 1, line 15, at end insert—

“(3A) Where the appropriate authority is a Minister of the Crown, regulations under subsection (1) may not be made until the appropriate authority has consulted the relevant Scottish Ministers in relation to any matters affecting Scotland.”

[The Chair]

With this it will be convenient to discuss the following:

Amendment 4, in clause 1, page 1, line 15, at end insert—

“(3A) Where the appropriate authority is a Minister of the Crown, regulations under subsection (1) may not be made until the appropriate authority has consulted the relevant Scottish Ministers in relation to any matters affecting farming in Scotland.”

Amendment 5, in clause 1, page 1, line 15, at end insert—

“(3A) Regulations under subsection (1) may not be made before completion of such public consultation as the appropriate authority considers appropriate with the relevant—

(a) Scottish ministers,

(b) Welsh ministers,

(c) department of the Northern Ireland Executive, and

(d) representatives of the English Regions.”

Amendment 7, in clause 1, page 1, line 15, at end insert—

“(3A) Regulations under subsection (1) may not be made before completion of a review by the Trade and Agriculture Commission of the potential impact of the procurement Chapters on industry in the United Kingdom.”

Amendment 20, in clause 1, page 1, line 15, at end insert—

“(3A) Regulations under subsection (1) may not be made before publication of an impact assessment setting out the potential impact of the procurement Chapters on—

(a) employment rights and human rights in the United Kingdom, and

(b) climate change.”

Amendment 22, in clause 1, page 1, line 15, at end insert—

“(3A) Regulations under subsection (1) may not be made before publication of an impact assessment setting out the potential impact of the procurement Chapters on—

(a) Scotland,

(b) Wales,

(c) Northern Ireland and

(d) English Regions.”

[Ms Qaisar]

I should say, Mr Pritchard, that it is a pleasure to serve under your chairmanship.

Amendments 3 and 4, which I tabled with my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey, can be summed up as standing up for Scotland and Scottish farmers on procurement. The Bill fails to ensure that Scottish Ministers have the ability to scrutinise matters of procurement that impact on Scotland. The powers in the Bill are drafted too broadly. They confer too many powers on UK Government Ministers without securing consent from the Scottish Government. That does not appear to be democracy in action.

Scottish farmers are already struggling with energy costs, crops rotting in fields for a lack of pickers, rising fuel costs, the loss of EU farming subsidies, and fertiliser prices spiralling. Experts have spoken about the deal. We heard from the president of the National Farmers Union Scotland, who said that it appears to be very one-sided, with little to no advantage for Scottish farmers. That is heightened by so little having been done to ensure the continuity and expansion of Scottish and British agrifood exports to new and existing EU markets. Scottish interests and Scottish farmers are not expendable.

[Gareth Thomas]

I entirely understand and agree with the hon. Lady’s concerns about how Scottish farmers have been treated. They must rightly be very angry with the Government. Does she accept that the concerns of Scottish farmers are replicated among Welsh farmers and many farmers across England, for similar reasons? There is a sense that there has been a huge giveaway to Australia and New Zealand by the Government, perhaps because they were desperate to do a deal. The anger is only made worse by, as she rightly alludes to, the cost of living crisis facing many farming communities. Is she also sympathetic to amendment 5, which references not only the concerns that she articulates in respect of Scotland but those of the people of Wales, England and Northern Ireland?

[Ms Qaisar]

I thank my colleague for his intervention. He is correct that the challenges that Scottish farmers face are the same as those faced by Welsh farmers and farmers from across the four nations. A key point that he failed to mention, however, is that in Scotland over 60% of people voted to remain in the EU, and there is still a lot of anger from Scottish farmers in that regard.

Last week, we also heard from Jonnie Hall from NFU Scotland. He said something that struck me:

“There are clear potential impacts for particular sectors that are already really quite vulnerable in large parts of the United Kingdom, not least in Scotland. I am thinking particularly of the red meat sector and how important that is to the rural economy of Scotland and, indeed, the whole economy. Scotch beef and Scotch lamb are iconic products, but we are not in a situation whereby we can stack it high and sell it low, as it were. Anything that comes along and undermines our position in that respect is clearly going to be a considerable threat—I use that word advisedly—to the viability of agricultural businesses here in Scotland.”––[Official Report, Trade (Australia and New Zealand) Public Bill Committee, 12 October 2022; c. 32, Q40.]

Concerns have also been raised by the Scottish Cabinet Secretary for Finance and the Economy, Kate Forbes, and the Minister for Business, Trade, Tourism and Enterprise, Ivan McKee. They recommended that the Scottish Government do not give consent for the Bill in its current form. We need to be really careful. The UK Government must not continue on the path of creating delegated powers to implement the Bill.

Amendments 3 and 4 seek to ensure that there are high levels of dialogue and discussion between Scottish and UK Government Ministers. That dialogue would ensure that matters of procurement in Scotland are at the heart of this legislation, crucially protecting the interests of Scottish farmers. In order to support Scottish interests and farmers, I ask Members to please support the amendments.

[Dame Nia Griffith (Llanelli) (Lab)]

I rise to speak in particular to amendments 5, 20 and 22. I am sure that the Committee will be pleased to hear that in talking about amendment 5 and consultation, which is vital, I will also refer to amendment 22 and the issue of impact assessments, so as not to repeat myself. To avoid excessive repetition, I will give examples based on the Welsh Government, but that will certainly apply to Scottish Ministers, to the Northern Ireland Administration and to regions across England. The issue for us is that here we have a clause that will implement part of a trade agreement in which we would have liked to have seen better consultation and a more nation-specific impact assessment. What we can do here is try to put in appropriate consultation before the legislation that clause 1 will allow is finalised.

It is essential that there should be consultation specific to the nations and regions of the UK for a number of reasons. In the case of Scotland, Wales and Northern Ireland, devolution means that within areas of devolved competence, such as agriculture and economic development, there is increasing divergence in the way that things are done. Indeed, public procurement policies are different, and it is important to see the impact of the implementation of the Bill on each nation.

There may be very different economic profiles for the different nations and regions. In the case of the Bill, what is of particular significance is the relatively greater importance that the production of beef, sheep meat and dairy products has in certain nations compared with the UK as a whole. The same may be said for specific regions of England, for example, the relative importance in Cumbria of the beef and sheep meat sectors. Equally, there can be concerns for a particular region because of its reliance on fishing or a specific industry. To give an example, 70% of agricultural output in Wales is beef, sheep meat or dairy, and 70% of the farmland in Cumbria is for beef and sheep livestock farming, with a further 16% for dairy. The importance of livestock farming in Scotland has just been mentioned by the hon. Member for Airdrie and Shotts.

It is no secret that the farming and food processing sectors are most concerned about the treaties; those are the sectors for which ongoing consultation on the implementation of the treaties and their impact on public procurement is absolutely vital. The Government’s impact assessment singled out agriculture, food and fishing, and food processing, as the sectors that lose out in both the Australian deal and the New Zealand deal, with gross value added down in the Australia deal by £94 million, and in the New Zealand deal by £48 million. Food processing is down in the Australia deal by £225 million, and in the New Zealand deal by £97 million. Obviously, there is real worry about what will happen to our farming industry because that has a massive impact on the guardianship of the local rural community, the family farms, and affects our culture—the Welsh and Gaelic languages.

Regarding the markets, let us take the example that 85% of the beef produced in Wales is consumed in the UK, as is 60% to 65% of sheep meat. There is a question about the impact that the huge and rapidly increasing tariff-free quotas of meat from Australia and New Zealand will have on our own farmer’s ability to sell into the UK markets. While we have mentioned the issue of school meals, it is not necessarily in the public procurement of the finished product, but in the supply chains of ingredients, where we will potentially see Australian and New Zealand products—cheese or meat—displacing UK produce. That is in conflict with some of the devolved nations’ procurement policies, where there is a wish to support the local and circular economy.

Further concerns have been raised. In the New Zealand deal the weights allowed in under the tariff rate quotas refer to the carcase weight equivalent, whereas in the Australia deal the volumes are shipped product weight, which means that they could be used disproportionately for the Australians to send their most expensive cuts, thus challenging the most lucrative part of the market for our farmers. We saw something similar to this during covid: when restaurants were not allowed to open, there was a drop in demand for steaks and higher end meat products, while supermarkets continued to demand the lower value products, and that had repercussions for our farmers and food processing industry.

Trade (Australia and New Zealand) Bill (Fourth sitting)

Anum Qaisar Excerpts

Committee stage
Tuesday 18th October 2022 Public Bill Committees

[Gareth Thomas]

I am grateful to you, Mr Twigg, for allowing me briefly to respond. I am grateful for the Minister’s willingness to write to the Committee with a more detailed response to the concerns that Professor Sanchez-Graells raised. I am happy not to press amendments 7 and 20. However, tempting as it is to think that the Minister has given comprehensive answers, he was almost comprehensive but did not give quite enough for us not to press amendments 5 and 22. We will press them to the vote.

[Ms Anum Qaisar (Airdrie and Shotts) (SNP)]

The legislation does not reflect the values that Scotland stands for, and it does not adequately safeguard food and farming standards in Scotland.

The powers in the Bill should not be exercisable by UK Ministers in relation to Scotland without a requirement for them to secure the consent of Scottish Ministers. That is what amendments 3 and 4 propose. While negotiation of international agreements is a reserved matter, the implementation of such agreements in devolved areas such as public procurement is devolved. There is no reason for UK Ministers to hold such powers in relation to Scotland.

The Scottish Government have consistently and successfully implemented international obligations on procurement since 2006, when they first transposed the EU directives, and they have been consistent in their commitment to upholding international law. The Scottish Government continue to engage with the UK Government on the issue, and I understand that officials are in continual contact with counterparts in the Cabinet Office and the Department for International Trade.

It might be better to make provision in the Bill for the implementation of those agreements, rather than using a delegated power. The Minister mentioned the issue, although I still do not understand why that is not possible and there appears to be no particular reason for powers needing to be provided. Such agreements are signed and there is common understanding of the amendments that need to be made to procurement legislation in order to implement them. That could be done in the Bill, which in turn could provide for commencement regulations to ensure that the amendments took effect at the desired moment.

I thank the shadow Minister, the hon. Member for Harrow West, for his sympathy, as he put it, towards amendments 3 and 4. Those amendments are specific to discussion and dialogue between the UK Government and the Scottish Government, and I would argue that amendment 5 is not as strong as our amendments. However, we do support Labour amendments 7 and 22.

Question put, That the amendment be made.

--- Later in debate ---

[Gareth Thomas]

I am grateful to the Minister for his explanation. I now understand a little better the reason for the provision. I will reflect on his remarks, but for now I will not press this to a vote. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 2 agreed to.

Clause 3 ordered to stand part of the Bill.

Clause 4

Extent, commencement and short title

[Ms Qaisar]

I beg to move amendment 2, in clause 4, page 3, line 5, at end insert—

“(4) This Act expires on 31 December 2027.”

[The Chair]

With this it will be convenient to discuss the following:

Amendment 8, in clause 4, page 3, line 5, at end insert—

“(4) This Act expires at the end of the period of two years beginning with the day on which it is passed.”

Amendment 21, in clause 4, page 3, line 5, at end insert—

“(4) If the United Kingdom becomes a full member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, this Act expires on the day that the United Kingdom becomes a full member.”

[Ms Qaisar]

The UK Government are negotiating trade deals for the first time in more than 30 years, and that is not an easy task. Trade deals in matters of procurement are not just for Government photo ops; they impact on every fibre of our and our constituents’ being. Therefore, we must have high levels of security at the start, during and at the end of discussion about the legislation. I appreciate that we have the CRaG—Constitutional Reform and Governance Act 2010—process during the drafting of legislation, but as has been said this afternoon, it does not guarantee a debate or any votes in Parliament. It is a poor scrutiny tool from the outset.

In setting an expiration date, our amendment would allow for scrutiny at the end. That would enable Parliament to judge the legislation’s effectiveness on the proposed date of December 2027. That would also allow our constituents to examine the usefulness of the legislation in matters of procurement that have arisen over the years. We must also consider the potential of traders across the country getting locked into agreements that do not work for them. Consumer group Which? has already found that 72% of people in the UK do not want food that does not meet current standards coming in through trade deals. The majority of survey respondents—67%—also felt that the UK Government provide a poor level of information about new trade deals. The amendment would ensure that we bring public and parliamentary scrutiny to the forefront. I urge colleagues to support the amendment.

[Gareth Thomas]

Amendments 8 and 21 are probing amendments, to understand better how the Procurement Bill and potential accession to the CPTPP might affect the provisions in the procurement chapters of the Australia and New Zealand free trade agreements.

As I understand it, the Minister has touched on some of the reasons why the New Zealand and Australia free trade agreements need to stay on the statute book for considerable time to come, but I want to understand whether the Procurement Bill will provide the opportunity to sweep up the measures proposed by the two amendments, so that this Bill can be taken off the statute book to avoid any legal uncertainty. Clarity on that would be helpful. If there is a chance that the legislation will not be necessary, because the Procurement Bill would take the matter forward, that creates additional opportunities for Members to consider the impact of the trade legislation going forward.

I wonder whether Ministers might be tempted to think, “Let us stick with the Trade (Australia and New Zealand) Bill because we have no idea whether the Procurement Bill will survive in its current iteration.” I say gently that, given the chaos in the Minister’s party, one does not know which legislation will survive if there are further ministerial changes. He will understand that there has been considerable criticism of the Procurement Bill. Clearly, it would not be appropriate to dive into that now, but it would be helpful to understand the interplay between that crucial piece of UK domestic legislation and the two procurement chapters. If the experts in his Department are wrong about the concerns that Professor Sanchez-Graells outlined about possible GPA-minus provisions now being the problem for British exporters to Australia and Australian exporters coming here, the Procurement Bill might provide an opportunity to sort those problems out.

Amendment 21 refers to the CPTPP and the potential accession of the UK to it. It would be good to hear from the Minister how the negotiations are going and what might be a reasonable timeline for the House to have the chance to consider the accession documents to the CPTPP. I ask that because the provisions in the procurement chapter of the Australia free trade agreement appear to largely mirror the provisions in the procurement chapter of the CPTPP. Everything that has been written about the CPTPP suggests that we will be rule takers and will not be able to shape in any significant way the procurement chapter of the CPTPP that we might wish to join. Was that part of the motivation for Ministers deciding to just roll over and accept the request of the Australians for the GPA-minus provisions in the procurement chapter of the Australia FTA? We would simply have to accept them on joining the CPTPP.

The Minister will know that a series of trade experts have suggested that we will be rule takers if the CPTPP comes into force. We will not have much opportunity to influence the negotiations, and that is a considerable concern given that the idea of Britain being a rule taker was a motivation for many to vote for leaving the European Union. I look forward to the Minister explaining the interplay between provisions in the Trade (Australia and New Zealand) Bill and those in the Procurement Bill and the CPTPP.

--- Later in debate ---

[Sir James Duddridge]

I will certainly do so.

Turning to the question of whether the powers fall away, as ever it is slightly more complicated than yes or no. The powers in clause 1(b) for dealing with matters arising out of, or related to, the FTA chapters will cease to exist for England, Wales and Northern Ireland when the new procurement system becomes law through the Procurement Bill, assuming that all happens; those functions will instead be carried out through the powers in clause 82 of that Bill. It is different for Scotland, because competency for treaty making is at the UK level, but the actual procurement legislation and processes are done by the devolved Assembly. Scotland has separate procurement regulations from the rest of the UK and will retain those regulations after the Procurement Bill comes into effect.

[Ms Qaisar]

The Minister struggled to say the name of the Scottish National party at the start of his speech. I was a modern studies teacher before my election, and I would be more than happy to share my old PowerPoints on Scottish politics with him if he is struggling to remember the name of the largest party in Scotland.

Over the course of today’s sitting, we have heard time and time again—mainly from Opposition Members—that there has been a lack of scrutiny of this legislation. The amendment proposes that we can come back to this House in five years’ time and discuss the reality of how this trade deal has impacted not just us but our constituents. Trade deals are no longer pieces of paper that are signed by Trade Secretaries—they impact the fibre of our constituencies across all four nations. We therefore intend to push the amendment to a Division.

Question put, That the amendment be made.

--- Later in debate ---

Brought up, and read the First time.

[Ms Qaisar]

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to discuss the following:

New clause 2—Assessment of impact on hill farmers and crofters in Scotland—

“(1) The Secretary of State must publish an assessment of the impact of the implementation of the procurement Chapters on hill farmers and crofters in Scotland within six months of Regulations made under section 1 coming into force and every six months thereafter.

(2) The impact assessment under subsection (1) must be laid before both Houses of Parliament and before the Scottish Parliament.”

New clause 3—Impact assessment: Geographical Indications—

“The Secretary of State must publish an assessment of the impact of the implementation of the procurement Chapters on the operation of Geographical Indications in the United Kingdom within two years of Regulations made under section 1 of this Act coming into force.”

New clause 4—Impact assessment—

“The Secretary of State must publish an assessment of the impact of the implementation of the procurement Chapters within twelve months of the coming into force of Regulations made under section 1 of this Act and every three years thereafter.”

[Ms Qaisar]

The SNP has proposed new clauses 1, 2 and 3 because we need impact assessments to fully examine the practicalities of these trade deals in matters of procurement, which is so important. I will begin with new clause 1. By examining the social, economic and environmental impacts, we can ensure that we are presented with a fair assessment. That is especially important, as we believe that the UK Government have rushed these trade deals and matters of procurement through Parliament with little to no scrutiny.

While the Bill is narrow in its focus on the procurement chapters of these two agreements, it is important to note the huge potential for imports to increase. Australia currently exports 5,000 tonnes of beef to the UK each year, but the agreement will allow 35,000 tonnes in the first year, increasing each year after that. We know that Australian producers do not have to adhere to the same animal welfare and environmental standards as Scottish farmers. It is a similar story with the agreement with New Zealand, under which exports to the UK beef market will rise to 68,000 tonnes by year 15 of the agreement.

Crucially, there are almost no benefits in this deal for Scotland’s food and drink sector. All this legislation achieves is to expose the Scottish agricultural market to the most export-orientated food producers in the world. Our new clause seeks to ensure that we can examine the impact of the deal. The UK Government’s own analysis shows that the deal with New Zealand will deliver a mere 0.03% of UK GDP benefit over 15 years, and the Australia deal will contribute 0.08%. Scotland has been forced against its will to trade outside the EU, tied to this UK Government, so that they can pretend Brexit is working. That is an undesirable position to be in, but unfortunately it is the position we are in, so we must try to protect Scottish interests as best we can. The impact of this agreement will be felt all across Scotland, so I urge colleagues to back new clause 1, as an impact assessment will improve this piece of legislation and future trade deals.

New clause 2 would provide for us to assess the impact of the implementation of the procurement chapters on hill farmers and crofters in Scotland every six months. Scottish producers are likely to be undercut by lower-quality goods in procurement, and regular impact assessment would allow us to keep track of any potential undercutting. It would also highlight the potential harm that this deal would do to Scottish farmers.

We know that Australia and New Zealand producers are not held to the high standards that Scottish producers are. The UK has put no environmental conditions on the agricultural products it will accept from Australia and New Zealand. The UK Government’s own advisers have conceded that pesticide overuse in Australia is a valid concern for UK farming. There are 144 highly hazardous pesticides authorised for use in Australia—many of the bee-killing variety—which is almost double the figure in the UK. Australian poultry farmers use 16 times more antibiotics per animal than British poultry farmers, and the Australian pig industry uses three times more antibiotics per animal.

While matters relating to food standards fall within the competency of devolved Administrations, they have no power to exclude imported products on the basis of how they have been produced. The Scottish Government have no power to exclude produce awash with pesticides and antibiotics from Australia, and already since Brexit the UK Government have fallen behind the EU on farm antibiotic standards. This undercutting of standards means that meat costs less in the UK if it has been shipped in from Australia or New Zealand. Where does that leave Scottish farmers? Analysis by Quality Meat Scotland has found that

“New Zealand beef farmgate prices are 25-30% lower than Scottish farmgate prices”

and that New Zealand lamb farm-gate prices are

“10% lower than their Scottish counterparts”,

undercutting Scottish farmers on price.

We are in a food security crisis within a cost of living crisis. New clause 2 would ensure that future generations of hill farmers and crofters in Scotland are protected. Last week, during the Bill’s evidence session, we heard from Donald MacKinnon from the Scottish Crofting Federation, who said

“I reiterate that it is so important that these trade deals are given the scrutiny that they deserve. The really important thing is that we consider all the potential unintended consequences—for our sector, in particular—of what may be well meaning motivations.”––[Official Report, Trade (Australia and New Zealand) Public Bill Committee, 12 October 2022; c. 32, Q39.]

None of us has a crystal ball to show us what potential unintended consequences may result from the legislation we are debating. Therefore, it makes logical and economic sense for the UK Government to commit to impact assessments and to back new clause 2.

Going beyond the unfair economics, we do not believe that the community-level impacts that these deals will have on our rural languages, rural local cultures and landscape and on the mental health of farmers, food processors and all those who support them across Scotland have been adequately taken into account. Therefore, supporting new clause 2 would ensure that we put Scottish hill farmers and crofters at the heart of this legislation. Crucially, having impact assessments could help to mitigate the damaging impact that these deals could have on Scottish producers. They would also ensure accountability, as we have stated that they would

“be laid before both Houses of Parliament and before the Scottish Parliament.”

Moving on to new clause 3, we also propose an impact assessment on geographically indications. The food and drink industry is vital in Scotland. Scotland is, of course, world-renowned for its production of whisky, beef and lamb.

[Drew Hendry]

My hon. Friend mentioned Scotch whisky, and having the safeguard of geographical protections is absolutely vital to that industry, as it is for many others, and I am sure she will touch on that. Is it not a small ask for the Government to include this, in a week where they have just abandoned their pledge to freeze alcohol duty, costing millions, and where their mishandling of the trade negotiations with India threaten even higher tariffs for the Scotch whisky industry, which is a massive export for Scotland? Of course, it sits very proudly in the UK balance of trade as well.

[Ms Qaisar]

I thank my hon. Friend for his intervention. He is correct, because there is real concern that these industries will be threatened by imitation products, which risks undercutting Scottish companies.

Geographical indications are of considerable importance for Scotland because, as I say, they protect the origins of our world-renowned products. Examples include Scotch beef, Scottish-farmed salmon and, as my hon. Friend said, Scotch whisky. The UK Government did not secure recognition of agrifood geographical indications in their agreement with New Zealand, which has, with the EU, now succeeded in gaining recognition of its agrifood GIs in its free trade agreements.

The UK-Australia deal only commits to letting the UK put forward potential geographical indications if Australia introduces bespoke GI schemes for iconic Scottish spirits and agrifoods, rather than including a full list of recognised GIs from day one of the deal, as well as the ability to enhance the list.

[Drew Hendry]

Does my hon. Friend find it strange that this has been omitted from the Bill and has not been considered until now, given the impact on rural constituencies across Scotland and the fact that one of the people who presented the Bill is in fact the Secretary of State for Scotland?

[Ms Qaisar]

I thank my hon. Friend for his intervention; he is completely correct. What people may fail to consider—it is important to remember this—is that the food and drinks industry is twice as important to the Scottish economy as to the UK as a whole, and the food and drink export trade is four times as important to the Scottish economy. The legislation in front of us will impact industry, with the UK-Australia trade deal expected to cause a £94 million hit to UK farming, forestry and fishing per year and a £225 million hit to the semi-processed food sector per year. However, UK Ministers pressed ahead with these deals despite prior warnings, effectively treating Scottish interests as expendable.

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[Sir James Duddridge]

I thank the hon. Gentleman for his suggestions but, with respect, I will do things my way if that is okay.

We published impact assessments within the agreements—we have spoken about that already. In the reports, the Department provides analytical evidence as a base, but we will do more. I have already spoken about the five-year and two-year assessments.

On UK suppliers competing for procurements, there is a designated team in the Department—complemented by staff from Australia and New Zealand—who will support UK businesses across the country. I have already seen a bit of that.

[Ms Qaisar]

I am very pleased to hear the Minister say that he has been meeting businesses to reassure them, but how many official visits has he made to Scotland to speak to and reassure farmers, hill crofters and those with Scotch whisky distilleries about these trade deals?

[Sir James Duddridge]

I believe that the Secretary of State was tasting Scotch whisky in Scotland last week—that was certainly the plan, but forgive me if things changed. I have plans to go to Scotland myself, but I do not want to say where I am going because I have not yet informed the Member of Parliament for that area. The Department will ensure that I do visits across every nation, every region and in every sector, so that I am not going back to Ipswich or the east of England to look at food and drink every single time. As a reward to this wonderful Committee, if anyone wants me to come and visit their constituency—particularly with the Bill’s export or procurement angles in mind, and perhaps some other bits and pieces as well—I would be more than happy to do so.

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[The Chair]

I call Ms Anum Qaisar. You might just have a few seconds.

[Ms Qaisar]

Thank you, Mr Twigg. I thank the Minister for his contribution. He is more than welcome to come to Scotland. I have a distillery in my constituency of Airdrie and Shotts and he is more than welcome to visit, though I warn him that he may not get as good a response as he hopes, as a Tory MP walking the streets of Scotland.

[The Chair]

Order. A Division has been called. The maximum is 15 minutes but please be back as quickly as you can after the vote. We shall continue then if the Whips are happy.

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[The Chair]

Anum Qaisar, I am not sure you had quite finished speaking. Do you want to continue?

[Ms Qaisar]

Thank you, Mr Twigg. I will start by correcting the record. I made a comment about the Minister visiting Scotland, and said that he may not feel welcome. Of course, he is always welcome to Scotland; I have even invited him to visit businesses in my constituency.

[Sir James Duddridge]

Any misunderstanding, I am sure, was accidental. The hon. Lady did actually invite me. I understand how comments can be misinterpreted, and we need to be very careful. Inadvertently, some people might have taken fright at the suggestion that I might not be welcome in Scotland. I have always found Scotland to be very hospitable and welcoming, and look forward to visiting. This perhaps ups the priority of visiting the hon. Lady’s constituency.

[Ms Qaisar]

That invite is on the table. The reality is, of course, that Ministers in the UK Government have not protected geographical indications. The Minister claimed that he could not do everything on day one. That is understandable, but this is before day one; he has a prime opportunity to do something. I urge him and his colleagues to back new clauses 1, 2, and specifically 3, which protects geographical indicators.

I should say to Labour colleagues that new clause 1 does not mention Scotland specifically. We would like impact assessments on all four nations. The hon. Member for Llanelli said that it was a complete failure of the UK Government not to include geographical indicators, so I hope that I can look forward to her and her colleagues’ support for new clause 3.

Question put, That the clause be read a Second time.

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[Gareth Thomas]

With that, I conclude my remarks.

[Ms Qaisar]

Further to that point of order, Mr Twigg. I will not keep the Committee much longer. I echo the thanks to the Clerks and the Doorkeepers, who are the backbone of this place. Somehow, I seem to have had more help than the official Opposition: Katie, Clo and Calum have been fantastic on the research and background. I am sure that my hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey and I, and others in the SNP, will be knocking on the Minister’s door in coming weeks, championing Scotland, Scottish farmers and Scottish products.

Bill to be reported, without amendment.