Debates between Barry Gardiner and Bob Seely during the 2019-2024 Parliament

Global Britain

Debate between Barry Gardiner and Bob Seely
Thursday 30th January 2020

(4 years, 9 months ago)

Commons Chamber
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Barry Gardiner Portrait Barry Gardiner
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My hon. Friend makes a powerful point. She will know about America’s imposition of section 232 to impose tariffs, with the excuse being that its steel industry was necessary for national security. However, I accept that the Government say they want to negotiate a zero-tariff, zero-quota free trade agreement with the EU. We need to do that, and we certainly need to do it for the steel industry, which my hon. Friend represents.

Perhaps those who have the audacity to ask for a plan ought to be prepared to provide suggestions, so in that spirit, let me be clear that the Opposition will champion the United Kingdom as a leader on the world stage that uses its position to tackle injustice and the imminent climate catastrophe. That means that we want to invest in future technologies and next generation industries, foster innovation and grow jobs in the economy, and to do so in a way that helps our trade partners to do the same. We do not see trade as a zero-sum game of winners and losers. We see open and fair trade as a way of increasing global wealth, along with global justice and equality.

At a time of global turmoil and escalating trade wars, it is imperative to have a strategy that ensures that the UK is not helpless against a triple assault: the dumping of subsidised products into our markets, which undercuts our producers; punitive protectionist tariffs imposed upon our exports by our would-be partners; and potential disruption to our trade with the EU, which is still by far our largest trading partner. To that end, our relationship with the European Union must be the priority. We need a free trade agreement that not only protects our existing trade with zero tariffs and zero quotas, but ensures minimum future disruption in both goods and services. We cannot and must not allow a situation to arise whereby our businesses face tariffs on their goods to the EU, alongside onerous and complex administrative burdens, border inspections or delays to the supply chain.

Will the Minister address whether the Government intend to remain part of the pan-Euro-Mediterranean cumulation regime? If not, what is their assessment of the impact that that might have on UK industries and of how it might affect third countries with which we have concluded roll-over agreements and that have already included cumulation regimes in their own subsequent treaties? Producers must not be doubly impacted by a surge of cheaper imports from overseas, particularly where they are manufactured to standards lower than our own or in markets that are distorted by unfair or illegal practices.

The Secretary of State knows that she is introducing what has been called the

“weakest trade remedies regime in the world”,

and industry confidence was knocked still further by interim most favoured nation tariff measures that propose to abolish tariffs on up to 87% of imports. The EU and US are introducing safeguard measures that could see tariffs on our exports and increased diversion of dumped goods on to our market, wiping out foundation industries and the thousands of jobs that they account for in steel, as my hon. Friend the Member for Newport East (Jessica Morden) said, in ceramics, which the Secretary of State talked about, and in major producers such as the automotive sector. I ask the Minister of State, Department for International Trade, the right hon. Member for Bournemouth West (Conor Burns), to set out in his reply to the debate out how the Government will protect our manufacturers, producers and farmers from a flurry of such imports under future trade agreements.

Bob Seely Portrait Bob Seely
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The hon. Gentleman is talking about dumping. Where does he believe that the high-tech sector and Huawei fit into that, given the soft subsidies provided by China to help the company muscle into 5G communications?

Barry Gardiner Portrait Barry Gardiner
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The hon. Gentleman tempts me, and I have a great deal of sympathy with his position. I believe that the decision that the Government have reached on Huawei is already a risk too far, so I share that view with him. Of course, he is right to point out that the Chinese Government’s subsidy to Huawei is just as damaging in that sector as subsidies for steel or aluminium.

Future trade agreements could undermine rights and standards, could change the nature of work and the protections offered to workers, such as leave arrangements and parental leave, could reverse environmental protections, and could compromise data privacy and our capacity to regulate in the public interest. Trade agreements could also see our public services being locked into greater privatisation and different pricing models. I say “could” because I am trying to be generous, since Government Members have sought to assure us that no such thing will happen on their watch, but that takes us to the heart of things: if that is so, why are they refusing to allow any degree of scrutiny or engagement in the process?

The trade Bill was supposed to be one of the flagship Bills underpinning global Britain. The Government boasted that it would set out the framework under which future trade agreements would be concluded, but it has been delayed. It has been kicked into the long grass. In fact, it actually came out of its eighth and supposedly final Committee debate two years ago tomorrow. In Committee, we made every effort to legislate for proper democratic oversight of trade agreements. How unreasonable we were! We asked for consultation with industry, a published mandate agreed by Parliament, transparency of agreed texts, scrutiny, debate and positive ratification, but we were blocked.

In the other place, their lordships valiantly reinstated the democratic safeguards and, despite all the Government’s attempts at obfuscation and frustration, their lordships actually managed to introduce significant amendments to the Bill. No wonder it has now languished down the other end of the building for almost a year. In the meantime, the Government have signed a raft of trade agreements—not the 40 originally promised for a minute after midnight on 29 March last year—many of which try to mirror the existing terms of the third-party agreements with the EU. Those trade agreements have been subject to little public scrutiny, with the Government taking advantage of the Constitutional Reform and Governance Act 2010 process to ratify treaties without giving Parliament the opportunity to debate them.

New Members may be unaware of the vagaries of CRAGA, under which an international treaty is automatically ratified after it has been published and laid before Parliament for 21 sitting days, so long as neither House has resolved against it. How do we resolve against it? The Government have to make time or provide an Opposition day for such a vote, but they have no compulsion to do either. That means Parliament can be presented with a fait accompli—so much for the return of sovereignty. International treaties are possibly the most binding law we pass in this place. They commit our successors in international law and cannot simply be repealed by a future Parliament in the way primary legislation normally can.

Let us examine what is happening under CRAGA. One such agreement currently pending ratification, having been laid before Parliament on 20 December 2019, is the UK-Morocco association agreement, which purports to cover Western Sahara. Western Sahara is categorised as a non self-governing territory under chapter 11 of the UN charter, and it has been under military occupation by Morocco since 1975 after Spain surrendered the colony. The Sahrawi people have been denied the referendum that would allow them to exercise their right to self-determination.

The European Court of Justice has twice ruled, in 2016 and 2018, that Western Sahara is a “separate and distinct” territory from Morocco under international law, and that no agreement with Morocco can be applied to the territory of Western Sahara without the consent of the Sahrawi people. The group internationally recognised as the legitimate representative of the Sahrawi people has rejected every proposal that the EU’s trade agreement with Morocco should apply to them. In fact, a coalition of 93 Sahrawi civil society groups has confirmed that the people of Western Sahara reject the inclusion of their territory in any agreement concluded by Morocco.

Our own High Court ruled just last year that the territory of Western Sahara is separate from Morocco under international law and that the UK Government are acting unlawfully by failing to distinguish between the territory of Morocco and the occupied territory of Western Sahara.

The proposed UK-Morocco association agreement is thus contrary to international law and our own law, and it should not be ratified by Parliament until all references to Western Sahara are removed. This is what happens when there is no process of prior consultation, mandate-setting, scrutiny, transparency or debate as part of the ratification process.

Other recent treaties that replicate economic partnership agreements concluded between the EU and countries in central and southern Africa, for example, force market liberalisation measures without allowing for any modernisation or incubation capacity for industry in those partner nations. That effectively locks in economic dependency and prevents the broadening of their economic and industrial base, which is essential to achieving their development goals.

The impact on chicken farming in Ghana, Cameroon and Senegal has been well documented. Dumped chicken products from the EU, farmed with subsidy support under the common agricultural policy, have decimated local chicken production, raising genuine food security questions for these least developed countries.

Is this the global Britain that Conservative Members aspire to be: compounding economic hardship, legitimising oppression and actively supporting regimes that flagrantly abuse human rights and international humanitarian law? I do not think so, but it is what will happen unless the Government openly and frankly outline a detailed strategy for global Britain, and unless Parliament is allowed to fulfil its constitutional role of holding the Government to account.