Transatlantic Trade and Investment Partnership

Christina Rees Excerpts

Thursday 10th December 2015 Commons Chamber

[Geraint Davies]

Yes, that is a key point. I have here a copy of the draft trade and sustainable development chapter of TTIP, and I hope that the Minister has read it. I know that a number of her fellow Ministers have not. It contains references to rights under labour laws, but they would not be legally enforceable. I would like them to be enforceable, because workers’ rights are at risk of erosion as a result of these deals.

I want to make it clear that I am in favour of trade, of growing trade and of the European Union. I do not want any confusion about that. The trade between the EU and the United States is already worth in excess of $700 billion, as the Minister will know. The forecasts of the amount by which the economies will grow vary from nothing to about 4%. Let us remember that the forecast for the expansion of economic activity as a result of the single market varied between 4% and 6.5%, but it ended up being 2%. Companies such as Moody’s are saying that it will amount to the equivalent of a cup of coffee per person per day. If you like coffee, perhaps that is worth having, but we need to think about the benefits of trade versus the costs and risks involved.

[Christina Rees (Neath) (Lab)]

Does my hon. Friend agree that Labour MEPs have sought a common position in the EU Parliament on TTIP, and are calling for a full carve-out of all public services, the inclusion of all binding and enforceable workers’ rights, and strong safeguards on food, health and safety measures? That specifically excludes the investor-state dispute settlement mechanism, which is not democratic, not open to scrutiny, and not independent or fair to states that are being sued by corporations whose members sit on the board.

[Geraint Davies]

My hon. Friend makes her point well, and I will come on to some of those issues, especially the ISDS.

--- Later in debate ---

[Mark Durkan (Foyle) (SDLP)]

It is a pleasure to follow the hon. Member for Cambridge (Daniel Zeichner). Like him, I have heard many concerns expressed by many constituents in relation to this issue at a number of levels. They do not come at it with an anti-American point of view. My constituency enjoys significant US corporate investment—would that we had more—and many people are employed by firms that are US-based or were US-based but now have a more global formation. The city of Derry has long been key to the transatlantic partnership. It was a key transatlantic port for many years, and even during the second world war. As Base One Europe, the Americans’ first base in Europe in the second world war was in Derry. In fact, they started building it six months before Pearl harbour.

My constituency gives such transatlantic relationships a very positive embrace. We are not against anything transatlantic, we are not against trade, we are not against investment and we are not against partnership, but people have a right to be concerned about what has been proposed and to make sure that parliamentarians—at Westminster, in the European Parliament and, I hope, in the Parliaments of other member states—will do due diligence and give due scrutiny to what is involved, because the potential is significant.

I do not dispute that some aspects of TTIP are potentially very positive. I have listened to the arguments that some hon. Members have made in offering assurances about what this trade deal actually represents. However, they too must listen to people’s serious and genuine concerns. I congratulate the hon. Member for Swansea West (Geraint Davies) on introducing this debate, but I also congratulate the right hon. Member for Hitchin and Harpenden (Mr Lilley) on helping to delineate carefully some of the different issues involved.

We have to make sure that we are not creating, in the name of all the good we want to happen in relation to trade and investment, any new constructs that are beyond accountability, meaning that we end up with transnational capital having more legal clout than the parliamentary systems of democratic states in determining public policy and national law.

It is also important to recognise that some hon. Members have cited the assurances given either by Ministers in this Parliament or by members of the European Commission. Some people say, “Well, other investor-state dispute settlement systems have not resulted in cases being lost.” We know that past performance is no guarantee in relation to future prospects. We particularly need to recognise that the scale involved in this deal is much greater than that involved in any of the other existing bilateral ISDS set-ups.

We must remember that there is potential not just for cases against the UK to be lost, but for cases against other member states to be lost, which would then create case law that could, in turn, be used against the UK and other member states. That is a key worry for the devolved Administrations: what are the consequences for them of cases brought elsewhere? Indeed, the devolved Administrations may be targeted—for example, a case may be brought against a devolved health service—because they are seen not to have very deep pockets and are seen not to be in a strong position to hold out against such a case. For some corporate interests, that may then be a Trojan horse to get into other UK services.

We have had such an experience in relation to the EU. The fact is that the European Commission has often introduced directives, and given assurances about its intentions and the import of those directives, but has not then been in control of subsequent European Court of Justice decisions. Such ECJ decisions have meant that the European Commission has had to revise its guidance to member states, and member states that previously relied on those assurances have had to bow to different demands.

[Christina Rees]

Does the hon. Gentleman think that a separate judicial system available only to foreign investors is called for?