Trade (Australia and New Zealand) Bill

Drew Hendry Excerpts

2nd reading
Tuesday 6th September 2022 Commons Chamber

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

This is a time when people and businesses across the nations of the UK are facing an absolute crisis. When it comes to our responsibilities for trade, it has never been a more important time to look at the detail and impact of the decisions made on their behalf about things like trade.

We should have the ability to look at the details. We should have the ability to scrutinise these things, see what the impact is, find out the granular effect and find out what is going to happen in Scotland, Wales, Northern Ireland and the regions of England. We should have details on all those things in front of us to make the correct decisions, but of course we do not. What we have today is this debate to approve the technical details to allow this trade Bill to pass. That is simply not acceptable: it is not what was promised, and it is not what people and businesses facing crisis deserve or want.

It is not too late for an epiphany. It is not too late for the Secretary of State to go away and say, “You know all those things that were said by all the various parties? We will take them on board today and get something done.” I am not holding out much hope, but it is not too late. Perhaps there will be a bit of listening.

Let us look at what the Government are publicising as the benefits for the people and businesses who are going through these pressures just now. They say that we will be able to get machine parts—I am sure that that will be good for some people—and Tim Tams, surfboards and boots. I am sorry, but none of my constituents is writing to me about the lack of availability of those kinds of items at the moment. There is a positive for Scotland—the export of Scotch whisky to Australia will be a benefit—but let us not forget that that market is three times smaller than the market for Scotch whisky in France, for example. All in all, there is a UK GDP opportunity of 0.02% with Australia, and not even that with New Zealand.

[Angus Brendan MacNeil]

As my hon. Friend mentions whisky, it would be remiss of me not to take the opportunity to stand up. It should be noted that one of the things we highlighted was that Australia has to get its definition of whisky together. That is a real problem.

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[Drew Hendry]

Indeed, and I want to return to that point later. My hon. Friend makes a very good point about details and description.

The Government are trying to sign away the downsides of the deal—they are basically saying that there are no downsides—but when we listen to people who are actually affected, it is not the downsides that they are worried about; it is the cliff edge. First among them are the farmers in Scotland and across the other nations of the UK. This deal betrays Scottish and UK farmers—that is not my rhetoric, but a quotation from National Farmers Union president Minette Batters, who also talked about the detail causing “irreversible damage”. She was joined by Phil Stocker, the chief executive of the National Sheep Association, who said that the deal had “betrayed the farming industry”. Martin Kennedy, the president of the National Farmers Union of Scotland, has said

“Our fears that the process adopted by the UK government in agreeing the Australia deal would set a dangerous precedent going forward have just been realised.”

Those farmers face a flood of lower-quality, mass-produced, cheaper cuts of meat into UK markets.

[David Mundell]

Is the hon. Member aware that the biggest concern expressed by upland farmers in Scotland about the future of the sheep industry relates not to these trade deals, but to the SNP Scottish Government’s plans to allow tree planting over vast areas of agricultural land that is currently cultivated for livestock?

[Drew Hendry]

The right hon. Member is skating over the fact that the Tory Government have neglected their tree-planting duties in terms of their actions on climate change. [Interruption.] Perhaps—if he will stop chuntering from a sedentary position—he should also have a conversation with Irish farmers to see what their position is on this matter.

As we have already heard, but I will now repeat it, the Government’s own trade impact analysis shows that the Australia deal will mean a £94 million hit per year to farming, forestry and fishing, and the New Zealand deal will mean a hit of £145 million to agriculture and food-related sectors. The New Zealand media have been reporting that New Zealand farmers are jubilant about the deal. They are nonplussed; they cannot understand it; they are baffled by this, because, as they have pointed out, the benefits to the UK are negligible.

The UK Government are kicking Scottish farmers while they are down. Farmers are gasping for air, and they already face spiralling uncapped energy costs, crops rotting in fields owing to a lack of pickers, rising diesel costs, the loss of EU farming subsidies, and rocketing fertiliser costs. I can assure the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell) that the sector in Scotland will not forgive this. Food and drink manufacture is twice as important to the Scottish economy as it is to the UK economy. As we have heard, even the recent Tory Chancellor, who lost the race to the new Prime Minister by the slimmest of margins, has said that the deal is bad for farmers.

The news for consumers is, of course, not much better. Because we do not know what the split is across the nations and regions of the UK, we cannot say what the impact on people will be, but the best that the UK Government can come up with as a justification for the deal is a prediction that UK households will save £1.20, on average.

[John Spellar]

Will the hon. Gentleman give way?

[Drew Hendry]

I will in a minute.

Perhaps households can get together to buy a single cup of coffee at Starbucks if they pool their resources—

[Angus Brendan MacNeil]

Or a unit of electricity.

[Drew Hendry]

Or a unit of electricity, as my hon. Friend has chimed in to suggest.

[John Spellar]

Will the hon. Gentleman give way?

[Drew Hendry]

I have said to the right hon. Gentleman that I will give way, but not at this particular moment. If he does not mind, I will continue with the point that I was going to make.

I have just talked about the risible benefits, in this crisis, to UK households. Perhaps the Government are counting on the fact that farmers, and others who are losing out, can drown their sorrows with 20p off a bottle of Jacob’s Creek. Now I will allow the right hon. Gentleman to intervene.

[John Spellar]

I thank the hon. Gentleman. Can he make it clear to us whether he thinks we should have free trade agreements on agricultural products with any countries? If he thinks we should have them, why should we not have them with our great ally Australia? If he thinks we should not have such agreements with Australia or New Zealand, which countries does he think we should have them with?

[Drew Hendry]

I think we should have free trade deals with countries—of course we should—but we should take into consideration whether we will win or lose from them. Those deals should be scrutinised by the parliamentarians who are elected to scrutinise them on behalf of their constituents.

[Angus Brendan MacNeil]

Perhaps the right hon. Member for Warley (John Spellar) misunderstands the idea of free trade. None of it is free; it is just that there are various degrees of restriction. How restricted or unrestricted we make that trade is the issue at hand. No one is opening trade carte blanche—certainly not the Australians. They may come before Select Committees and tell us that they are very open, but they are not, as we see from the various areas in which they are restrictive. Australia may say that it believes in free trade, but it does not practise free trade as we understood it in the free market and the single market of the European Union. That is not happening anywhere.

[Drew Hendry]

Indeed; my hon. Friend has made his point very well. However, this is also about the pluses and minuses of what is signed, and what the Government are prepared to sign away just for the purpose of getting the deal done. For example, it was noticeable during the leadership contest that the newly elected—by our Tory Members—Prime Minister again refused to agree to enshrine animal welfare and environmental standards in trade deals, so intent was she on signing away Scottish farmers’ livelihoods, as this is the key factor in imports undermining domestic products on price. As it stands, the UK has placed no—none, nada, nil, zilch—environmental conditions on agricultural products that it will accept into the UK. Of course, it is not too late to set robust core standards for all food to be sold in the UK, and I will wait to see if there is a response on that.

[Carla Lockhart (Upper Bann) (DUP)]

The hon. Gentleman will share my fear that this trade deal will allow the import of food products produced in ways that would be illegal here—for instance, on land deforested for cattle production, or through systems that rely on the transport of live animals—and that such an outcome will disadvantage UK producers, penalising them for abiding by better standards.

[Drew Hendry]

Indeed, and of course we should have the promised opportunity to go into the detail of this. As FarmingUK has pointed out,

“The Australian-UK trade deal has gone through its scrutiny phase without MPs having a chance to have their say on behalf of constituents.”

Unless this Government take action, we will see the opportunity for imports, as a result of these deals, of meat from animals raised on land that has seen 1.6 million hectares of deforestation, and from animals raised in sow stalls, intensive feed lots and battery cages and treated with steroids or antibiotics. As for pesticides, even the UK Government’s own advisers have conceded that pesticide overuse is a valid concern. Less than half the 144 highly hazardous pesticides that are authorised for use in Australia are allowed here. Many of those in Australia are of the bee-killing variety. Food standards are devolved to the Scottish Parliament, but, of course, the Scottish Parliament has no powers to stop imported products on the basis of how they are produced. I will say more about the Scottish Parliament in a while.

During the summer, the record hot temperatures caused by climate change should have caused the Government to think about the detail of trade business and how to incorporate protections and enhancements to ensure that we took measures to tackle that, but no. As we have heard, despite Australia’s huge reliance on coal and its less than impressive record on climate change, there is no reference to coal in the final text. Perhaps that is no surprise, given that Tony Abbott was involved in the process. This could and should have been pushed. The UK Government must go back and demand that specific parts of the Paris agreement references are reinstated in the pages that the UK removed just to rush this deal over the line.

[Anthony Mangnall]

The hon. Gentleman is making an interesting point about climate issues and accords. The problem that I have with the suggestion he is making is that if we asked every country to put those terms into every trade deal, we would not end up with the eight volumes and 2,000 pages that we had to go through in the International Trade Committee. Australia and New Zealand have signed up to the Paris climate accords. They have come to agreements in COP26. They have looked at this stuff, and they stand by those treaties, those agreements and those statements. There is not really a requirement to put them into the trade deals, because those countries are already committed to them on an international stage.

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[Drew Hendry]

I am disappointed that the hon. Gentleman chose that for his intervention, because I have a great deal of time for him; he is a good speaker and very knowledgeable on this subject.

If we have seen one thing from this summer, it is that it should have been a wake-up call—an alarm bell to say that this is important enough to put into the detail of the agreement. The Scottish Government advised the UK Government to prioritise the Paris agreement in any deal with Australia, but as with all the Scottish Government’s other attempts to persuade the UK Government to add protections for Scottish consumers and businesses, including on the issue of climate, they were treated more as a nuisance than as a partner in this process.

There was no specific consultation on the content of the Bill, but—surprise, surprise—it includes provisions that constrain the exercise of powers afforded to Scottish Ministers and devolved competencies covering procurement. The Scottish Parliament’s legislative consent memorandum document states that

“there is fundamentally no reason why the UK Ministers need to hold this power in relation to devolved Scottish procurement.”

This Bill gives secondary legislation empowerment to Ministers in this place to undermine devolution without being required to seek further consent.

As if that were not bad enough, this Bill coincides with a deal that has just been signed by the EU and New Zealand. I note that this was not referenced by the shadow Secretary of State, the right hon. Member for Torfaen (Nick Thomas-Symonds), in his excellent speech. That deal has better terms and stronger farming conditions and safeguards than the UK managed to negotiate. In the first year, the UK will allow 12,000 tonnes of New Zealand beef into the UK, while the EU will restrict it to 3,333 tonnes across all 27 countries. By year 15, the UK will allow 60,000 tonnes into the UK, while the EU figure will be capped at 10,000 tonnes, again across all 27 countries.

[Angus Brendan MacNeil]

The data that my hon. Friend has just read out helps to make a point. Although those two deals are both described as free trade agreements, anybody can see from those bits of data that the deals are very different. When people talk about free trade, they must remember that the devil is absolutely in the detail and that the headline usually bears no relation at all to what is going on or to the different levels of restriction.

[Drew Hendry]

Indeed, and with the safeguards and other measures in the EU deal, there is a similar position for sheepmeat, for example. There are also protections for butter and cheese. I am sure that that was the new Prime Minister’s favourite subject a while ago, but maybe she has moved on from dairy products to something else. As has been said, there are no agrifood geographic indicator protections in the UK deal—for example, for Scotch beef or Scottish salmon—but the EU has its own protections enshrined.

Let us recap the prospectus for Scotland. This is the UK Government checklist for Scotland: a betrayal of our farmers and crofters; job losses and reduced income in food production, forestry and fishing; no protections on environmental or animal rights; no inclusion of the Paris agreement requirements on climate change; and a further power grab on the Scottish Parliament. And, to top it all, a much worse deal than the EU. This UK Government continue, every day they are in power, to make a stronger case for Scottish independence than even we can.

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[Andrew Griffith]

The Government have undertaken that and, indeed, the independent Trade and Agriculture Commission has given the deal a green light and a clean bill of health, in terms of its impact.

[Drew Hendry]

Will the Minister give way?

[Andrew Griffith]

I will make some progress, but I will come back to many of the points that the nationalist spokesman made.

The issue of antimicrobial usage was raised. The TAC outlined in its report on the Australian deal that the free trade agreement will not lead to increased imports of products commonly produced using antimicrobials, largely because it does not reduce tariffs on those products. They are out of scope.

The nationalist spokesman and the hon. Member for Airdrie and Shotts (Ms Qaisar) talked about the role of the devolved Administrations in the process. The negotiation of trade agreements is a reserved matter, whether the hon. Member for Inverness, Nairn, Badenoch and Strathspey likes it or not, but the devolved Administrations are responsible for implementation in matters of devolved competence, which includes certain provisions relating to public procurement. The Bill applies, as it should, to the whole United Kingdom and will confer concurrent powers on both UK and devolved Ministers, or on a Northern Ireland Department, to implement public procurement provisions in both the Australia and New Zealand free trade agreements. They are limited powers specific to implementing these agreements alone.

Not for the first time, nationalists are promoting an act of self-harm. These trade agreements have the potential to deliver sizeable benefits across the four nations; the Australia agreement alone could mean an increase in GVA of about £200 million for Scotland, Wales and Northern Ireland, which will be valued by their citizens. My Department is seeking legislative consent from each devolved legislature and is engaging with the DAs, building on the extensive engagement—acknowledged on both sides—that was undertaken during the negotiation of both trade agreements at ministerial and official level.

As my right hon. Friend the Secretary of State said in her opening remarks, we are committing not normally to use these concurrent powers without a devolved Administration’s consent, and never without consulting them first. The same commitment was made regarding the use of powers in the Trade Act 2021 and has been honoured by the UK Government.

The nationalist party spokesman—[Hon. Members: “National!”]—was positively wistful for a European agreement with New Zealand. What he talked about is much more protectionist, offers far fewer benefits for UK consumers, and if we were still in the European Union, he would have had no scrutiny or influence over it.

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

Drew Hendry Excerpts

Committee stage
Wednesday 12th October 2022 Public Bill Committees

[Gareth Thomas]

Or has a unit in the Department for International Trade been set up to support you?

Lucy Monks: We are having those conversations. I think there is more focus on it, because International Trade Week is coming up soon. The Department for International Trade has been talking to us and other bodies about encouraging opportunities. It is an ongoing process, because the Australia and New Zealand deals are very new in the context of the UK, so it has to be an ongoing process in which businesses are also able to feed back and to say, “This is working”, or, “That isn’t working.” There has to be a degree of flexibility, because we do not want to be landed with a product that essentially does not improve with time. But the Department is talking to us lots.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

Q Thank you, Lucy, for coming here in person and enabling us to keep going. What is the view of the FSB of the fact that implementing legislation is being introduced for the New Zealand free trade agreement before Parliament has had an opportunity to debate the agreement under the Constitutional Reform and Governance Act or CRaG provisions?

Lucy Monks: If it is a matter of process for Parliament, I guess you will have discussions with relevant Ministers about your concerns about scrutiny. There is always a point at which it is useful for us to be able to be part of those conversations. The more information that is available to us and the public, in general, and that we are able to feed into, the better.

[Drew Hendry]

Q To follow on from that, do you feel you have had enough information about this free trade agreement before it has come to this stage?

Lucy Monks: In all honesty, we have had extensive conversations with the Department for International Trade. We have also given evidence to your colleagues on the International Trade Committee. I feel that we have had the opportunity to have thorough conversations. In all fairness to colleagues at the Department for International Trade and the civil servants leading on it, they have been proactive in engaging and pursuing those conversations for a number of years. I have been doing this job for only six months, but I was doing a similar job at a similar organisation before this and we engaged quite extensively with the Department there.

[Drew Hendry]

Q I have one final question on that subject. You said you have had extensive engagement. Do you think it is right that it has come to this stage without the parliamentary scrutiny I have mentioned?

Lucy Monks: I think the process issue is one for you to take up with your colleagues. It is obviously critical because this is new and, as I said, there has to be a feedback process. However, the way in which you and your colleagues across Government and Parliament interact is one for you, I think.

[Dame Nia Griffith (Llanelli) (Lab)]

Q In the past, there has been criticism from some in your organisation that there was no SME chapter in the treaties. Do you feel that the Bill provides sufficient protections and the mechanisms that you would wish to see to give that ongoing support to small businesses?

Lucy Monks: Yes. There are SME chapters in the Australia and New Zealand agreements. If we had a concern with the Bill and the issue around procurement, it would be that, as I said, small businesses tend to be cut out of the procurement process even in our own country, so both the FTA and anything that impacts procurement legislation need to be done in a way that supports small businesses. I am not as concerned about competition from Australian and New Zealand small businesses as I am about the ability for larger businesses to take opportunities that could be sitting there for smaller businesses.

Separate from that, for a long time there was a conversation between various Government Departments about trying to improve the central Government procurement system, not only for small businesses, but generally in its ability to encourage greater social value through public spending, basically. A couple of years ago, the Government finally published a social value model, part of which is supposed to be about encouraging engagement of small businesses both in the direct procurement system and as part of that supply chain. Obviously, larger businesses can go and bid for contracts, but they kind of have to promise that they will engage with x, y, z number of small businesses in delivering bits and pieces.

The Government have promised to keep monitoring how that model is implemented. I would ask that we keep monitoring how these measures are implemented in terms of both the ability for small businesses to actually access those procurement markets in Australia and New Zealand, and the impact of larger businesses that are going forward and trying to procure those projects and their ability to bring along UK small businesses as part of the process.

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[The Chair]

We will now hear oral evidence from Leo Verity, the senior political adviser at the Trade Justice Movement, who is appearing via Zoom. The session will last until 10.35 am. Could the witness introduce themselves?

Leo Verity: Good morning. My name is Leo Verity. I am the senior political adviser at the Trade Justice Movement. We are a network organisation that represents around 60 non-governmental organisations and trade unions, and we work on issues around trade rules, including trade democracy and scrutiny, which is something I would like to focus on this morning.

[Drew Hendry]

Q You will be aware that the scope of this session is very limited, but what is the view of the Trade Justice Movement about the fact that the implementing legislation is being introduced for the New Zealand free trade agreement before Parliament has had the opportunity to debate the agreement under the CRaG provisions?

Leo Verity: Yes, that is a problem with the trade scrutiny system we have and the parliamentary processes we follow. There are major inconsistencies with the way the Government are approaching parliamentary scrutiny, so it is maybe worth touching on some of the problems we saw during the Australia ratification period. You will be aware that the 21-day CRaG period took place before summer recess, so Parliament has officially given its consent to that agreement.

Parliamentarians had major problems during that period with trying to secure parliamentary debates in the Commons. In the end, an urgent question that was tabled was the only opportunity for parliamentarians to debate the Australia agreement. Now we are in a situation, as you say, where New Zealand has not been through that process. There is a question here about what chronology Parliament should be following. It seems illogical that we are talking about legislation implementing an agreement that Parliament has not yet given its consent to, and that is probably a reflection of the way in which the Government view the CRaG process. Given that the Australian CRaG process was so fast that it was difficult to get meaningful scrutiny, I think that debating and implementing the legislation on New Zealand at this point implies that the Government are not expecting any further meaningful scrutiny of the New Zealand agreement in the CRaG period.

We would like to see consistency, and the logical standpoint should be that Parliament should approve these treaties through the CRaG process before Parliament discusses the legislation needed to implement them for future agreements. I certainly think that consistency is the key thing we need to see for future agreements.

[Drew Hendry]

Q Do you think that has led to a deficit in the ability of organisations such as yourselves and others to communicate with MPs to ensure that issues are raised in a timely manner and through a proper process, so that people can see publicly the scrutiny of such an important piece of legislation?

Leo Verity: I think so, yes. In truth, I think that awareness of the ratification process for Australia among not only the public but parliamentarians was extremely low, given the way it was snuck through, really, before the summer recess without meaningful notice of when it would be coming. I have seen that the new Secretary of State has made a commitment that for future agreements there will be at least 10 sitting days between the Government’s final report on trade agreements—the section 42 report—and the triggering of CRaG. That is less than the ITC requested—they wanted it to be a 15-day period—but at least it is some kind of structure that we can work by, so there is something about how these processes are supposed to work. But given that we saw that the CRaG process for Australia was so unfit for purpose, I certainly think it needs reform for future agreements.

[Gareth Thomas]

Q Just to pursue that area of questioning, we hope to table amendments that will improve the scrutiny of what comes out of the Bill. Talk us through what you understand about the way that both Australia and New Zealand, or other jurisdictions, scrutinise their free trade agreements, which might be an improvement on the process we currently have here in the UK.

Leo Verity: In terms of Australia and New Zealand, I know that in Australia the treaty is in front of joint committees that are constituted to properly scrutinise the agreement line by line, which is certainly more thorough than what we have. I think that is a relevant point about the Australia timeline. It is another question about why CRaG was rushed through for the Australia agreement prior to the summer recess, given that in Australia the treaty is done in front of a committee and then the implementing legislation will come forward, so there was certainly no rush for that happen.

In terms of other scrutiny processes to learn from, it is worth pointing to places such as America and the European Union, where there seem to be more meaningful scrutiny opportunities throughout the whole process of negotiation. For example, in America negotiating objectives come before Congress; that would be something that we would really welcome. As it stands, Parliament has no opportunity to debate the negotiating objectives that negotiators take forward. There are also more meaningful opportunities for legislators to see texts during negotiations; again, at the moment, parliamentarians do not see negotiating texts at any stage of the process. We would argue that it would be beneficial for the International Trade Committee to at least have a view of the negotiating text during the process. Finally, there will be guaranteed votes and debates on the content of trade agreements after signature; that is the big omission that we saw with the Australia CRaG process. The International Agreements Committee was debated in the Lords, but the International Trade Committee and the Liaison Committee pushed extremely hard for an opportunity to debate the Australia agreement, which was not forthcoming. In the end, an MP tabling an urgent question provided the only opportunity to debate the agreement, but there was still no vote on its content, which is something that happens elsewhere.

Finally, and linked to that, CRaG allows for parliamentarians, in lieu of a vote, to pass a motion against resolution. There is no opportunity to amend the text or anything like that. Even that motion, as I understand it, would just delay ratification rather than resolve against it. Given that there is no precedent, it is not completely clear what form that motion would have to take for parliamentarians, so it seems that ultimately there is no meaningful way for parliamentarians to express dissatisfaction with the trade agreements that our negotiators are coming back with. I think that is a problem.

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

Drew Hendry Excerpts

Committee stage
Wednesday 12th October 2022 Public Bill Committees

[The Chair]

Would any other witnesses like to respond?

Jonnie Hall: Yes, if I may come in on that, first to echo Nick’s points about the need for Governments and public bodies throughout the United Kingdom primarily to source their procurement locally, certainly within the UK or within the devolved Administrations, as it is here in Scotland. One additional slight complication to this issue on Government procurement, which I am sure the Committee is well aware of, is that over the summer the Scottish Parliament passed something called the Good Food Nation (Scotland) Act. This has measures in it here in Scotland on public procurement and so on.

Alongside lots of questions around what is UK legislation on the one hand and devolved legislation on the other would be questions in my head around the intersection between UK Government procurement in the food arena and what the Scottish Government are trying to achieve through legislation here in Scotland. Maybe that is a complication too far at this stage, but I just raise that as an issue, in addition to supporting what Nick has already said.

In terms of overall Government procurement, I do not believe that food issues will be of huge significance. That is not to say that food, trade and agrifood trade issues as a consequence of the free trade agreement with Australia and New Zealand are not of huge significance. I am sure you are well aware of some of our concerns around that.

Gareth Parry: From the FUW’s point of view, specifically with regards to procurement, it is worth remembering that New Zealand and Australia are huge net exporters, particularly of red meat and agricultural goods. It is assumed, at least, that there would be more scope for those countries to make the most of procurement contracts in the UK compared with vice-versa, where for certain products there may be an opportunity to make the most of that procurement benefit in those two countries. From our understanding, there would be scope for them to make use of our markets rather than the other way round.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

Q All your organisations are very active in lobbying MPs on issues that you find of concern to your members. What is your view of the fact that the implementing legislation is being introduced for the New Zealand free trade agreement before Parliament has had an opportunity to debate the agreement under the CRaG process?

Nick von Westenholz: I do not have a concern with that specific issue of the timing of the implementing legislation. Clearly, it is the Government’s position that a number of things need to be in place before they go ahead and ratify this deal: the implementing legislation such as the Bill, certain regulations that flow from that and the requirements of the Constitutional Reform and Governance Act 2010 process itself. The chronology, as it were, is not necessarily the most important thing. They all need to be done.

What is a much bigger concern of ours is the fact that the debate on Second Reading, and I suspect some other debates on the Bill, will be used as a proxy for a general debate and discussion about the merits or otherwise of these two trade deals. This is the wrong vehicle for that, frankly. It turns out that it is possibly the only vehicle for that and we will make do with that, but we understood, through the exchange of letters from the Government and the International Agreements Committee in the House of Lords, that the process would be—and should be—a debate tabled during the CRaG process. That is important because that is the only period of time where MPs retain the ability, if they so wish—I suspect with this deal they would not have wished to do so—to delay the ratification. Once that CRaG process is completed, that power for MPs falls. That process with Australia has been completed, so MPs no longer retain the right to delay ratification under the CRaG for the Australian trade agreement.

We are where we are, but I would say that with a number of other FTAs coming down the track, it would be very good to hear a commitment from the Government that they will allow time for debate on a relevant motion—not a neutral motion—prior to the end of the CRaG period. In that case, they can satisfy normal expectations of parliamentary scrutiny and accountability for what are very important trade deals that will have a big impact on all our members.

Jonnie Hall: May I come in here? Again, to echo everything that Nick has just outlined, the whole issue of the scrutiny of free trade agreements, particularly in the context of agrifood, has been a major concern for farming and crofting interests here in Scotland. Throughout this process in the last two years, as we saw first the Australia FTA and then the New Zealand FTA quickly follow suit, a whole host of questions were raised about the role and efficacy of the process. In particular, it rekindled the thoughts around the role of the so-called Trade and Agriculture Commission, and its powers or otherwise to essentially scrutinise FTAs in the agricultural sphere before they have gone through all of the other processes. That was rather than it being a retrospective scrutiny, by which time it was too late—the horse had bolted in many respects. There are still concerns here in Scotland, which I am sure are shared across the United Kingdom, from the agrifood sectors in that regard.

Donald MacKinnon: I agree with the two previous comments, but 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. To pick up on the point that Nick made, the really important thing for us is not just these trade deals that are in front of us just now, but the precedent that they set for the future, and the precedent that the process sets for the negotiation of future trade deals, the scrutiny that is applied to those and the implications of that.

[The Chair]

Before I call Anum Qaisar, I think Nia Griffith has a supplementary, or another question.

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[The Chair]

The supplementary point was made, and a supplementary supplementary point is now on the record as well, so I think we will move on.

[Drew Hendry]

Q It was helpful to clarify that there is no guaranteed debate.

I would like to ask Ms Crawford a question that I have asked others, and it is very much on the theme of what you have been talking about. You have said that questions have not been answered on jobs, climate change, workers’ rights, environmental considerations, and indeed the correct way to spend public money. What is your view of the fact that implementing legislation is being introduced on the New Zealand FTA before Parliament has had the opportunity to debate it under the CRaG provisions?

Rosa Crawford: We believe, again, that there is a deficit of democratic scrutiny. Much more parliamentary scrutiny should have been possible throughout those negotiations, as well as the negotiations on the UK-Australia FTA. The International Trade Committee has not been consulted on the text of that agreement as with UK-Australia, and there has not been the possibility to have a proper debate about the agreement before it is implemented, as you say. We are extremely concerned about that process and very worried that the Government will again try to push this through Parliament without having the proper debate required. Obviously, the negative resolution procedure will apply there, and it means that unless there is a resolution against, which can only delay the agreement for 21 days, it will become law. It is going to be very difficult for that process to be triggered by parliamentarians, so we are very concerned about the approach taken with UK-New Zealand as well

[Drew Hendry]

Thank you.

[The Chair]

I call Lloyd Russell-Moyle.

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

Drew Hendry Excerpts

Committee stage
Tuesday 18th October 2022 Public Bill Committees

[Lloyd Russell-Moyle]

I am sure that my Committee’s report will include a fantastic comparison and I will ensure personally that the hon. Member for West Aberdeenshire and Kincardine gets a copy of it when it is out. I can tell him, though, that when we were in the European Union, the devolved Administrations met the different sections of the European Union weekly, because the devolved Administrations had representatives in Brussels who would meet weekly on trade issues, and they would meet daily with the European Union officials. Anyway, we will move that to one side.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

It may help to underline the hon. Gentleman’s point to quote Ivan McKee, the Scottish Government’s Trade Minister, who said:

“Once again we were not consulted by the UK Government before the introduction of proposed legislation that as currently drafted, bypasses the Scottish Parliament and undermines Scotland’s powers. That is…disappointing, but sadly no longer surprising.”

[Lloyd Russell-Moyle]

I think that is the case here.

These amendments, particularly amendments 2, 20 and 22, which relate to the devolved Administrations, provide a failsafe for the devolved Administrations and English regions to know that they will be consulted. They provide a failsafe for the businesses, including small businesses, that we heard in evidence to know that they will be consulted beforehand. Of course, with all consultation, the Government can still go away and say, “We have listened to you. We have heard you. We have put forward our suggestions. You don’t agree with them, but we are still going to push forward, because we think that is necessary.” That is democracy; of course that has to be allowed, but what we cannot have is people being bumped into things at the last moment or presented with things as faits accomplis, and that is the situation at the moment.

I rose to support the amendments. I think that they are vital; more importantly, they are vital in preserving our Union. I know that some colleagues have a different view, and it is people’s own right whether they want to leave or not—it is not my choice—but I would like to see the Union preserved. I think that those on the Government Benches would like to see the Union preserved as well. I am afraid that if we do not start treating the devolved regions and nations of this great country with more respect and more humility, people will be out the door and it probably will be understandable.

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

Drew Hendry Excerpts

Committee stage
Tuesday 18th October 2022 Public Bill Committees

[Sir James Duddridge]

If I am given some leniency near the end, there might be an opportunity to intervene then, if there is a particular element that I have not picked up on, because there are about 25 issues that I need to cover.

Broadly speaking—officials will not like me saying this—I agree with a lot of what has been said. I agree about the importance of consultation, and of reviewing and evaluating what we have done. There is a lot of that in the Bill, and a lot of it has been done by the Government already. I will go through what we have done, but just because we have consulted, that does not mean we do what someone wants. It is a balancing act. I suspect the hon. Member for Harrow West would do things differently from me if he was in the hot seat, but I am sure he would have consulted as widely as the Department and officials did on behalf of His Majesty’s Government. I am disappointed to hear that he will press two of these measure to a vote. He has thrown down the gauntlet, and I have picked it up, so hopefully I can persuade him not to vote on them, because we are covering a lot of the issues raised.

Communication with the devolved Administrations is integral to not only the way the Department conducts its negotiations but ensuring that legislation operates effectively in each and every nation of the United Kingdom. I am more than happy to reiterate the commitment of the then Secretary of State for International Development that the UK Government would not normally legislate without the consent of the devolved Administrations. The hon. Member for Airdrie and Shotts may well say, “Why not put that in the Bill?” That is a valid point, but it is not one about procurement; it is about the fundamental nature of devolution. Treaty making is done at the UK level on procurement, as it would be in an international treaty on, for example, nuclear non-proliferation.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

The point that the Minister is making underlines that it would do no harm to make this commtment in the Bill. What would be wrong with that?

[Sir James Duddridge]

If the hon. Gentleman wants to bring forward a devolution Bill and completely revolutionise how our nations are run—

[Drew Hendry]

indicated assent.

[Sir James Duddridge]

He clearly does, but that is not for this Bill. On scrutiny, Members drew comparison with the EU and the US. I gently point out that those are very different democratic bodies. The EU is a body of 27 nation states, remotely located; and the US has a presidential system, and an Executive that is more detached from the legislature, whereas we are much more integrated here.

On consultation, there was a wider discussion that related to all types of scrutiny but included procurement, so with your permission, Mr Twigg, I will go through how we have looked at scrutiny through the lens of procurement.

--- Later in debate ---

[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.

--- Later in debate ---

[Sir James Duddridge]

Yes. I have just two or three points. On the argument of the hon. Member for Llanelli, who challenged me outside the Committee Room to go further and be bolder, absolutely the Government should go further and be bolder in this regard, but not in this procurement Bill.

On Jersey potatoes, I was tempted to offer a PowerPoint presentation on the United Kingdom, given that the hon. Member for Airdrie and Shotts is going to send me one on Scotland. I remind the Committee that Jersey is a Crown dependency, and Crown dependencies and overseas territories are not part of this Bill.

I turn to some of the issues raised by the Scottish National party. I think they are inadvertently—I am sure not vertently, if that is a word—part of the anti-growth coalition, because my briefing says that this Bill is rather good for Scotland. I find myself in the position of promoting Scotland—perhaps quite rightly, as the Minister—while the hon. Lady is talking it down a little. The Australia FTA alone is expected to boost the economy by approximately £120 million. Adopt this good news; put it in a press release. Tariffs on Scotch whisky have been cut to 0%.

[Drew Hendry]

Will the Minister give way?

[Sir James Duddridge]

May I finish talking about whisky?

[Drew Hendry]

It is on that subject. I am grateful to the Minister for giving way. To be clear, this is about the geographical indicators not the deal itself, in terms of the trade involved. It is about protecting Scottish whisky and the brand.

[Sir James Duddridge]

There are no changes to geographical indicators in the Bill, but that is not to say we could not do something differently in future. I know there are issues with different spellings of whisky in different places, including in Northern Ireland. I also understand that there is a Northern Ireland issue to this. It has many distilleries—I believe eight—and Members of the Committee are invited to taste the products of some on 27 October.

Trade (Australia and New Zealand) Bill

Drew Hendry Excerpts

Report stage
Monday 12th December 2022 Commons Chamber

[Richard Thomson]

No, he is not. Somehow, I did not think that he would.

Clearly, there is nothing quite so liberating as a loss of ministerial responsibility. The right hon. Member went on to tell the House that

“the Australia trade deal is not actually a very good deal for the UK”,

that

“the UK gave away far too much for…too little in return”

and that, further, in his view,

“the best clause in our treaty with Australia is that final clause, because it gives any UK Government present or future an unbridled right to terminate and renegotiate the FTA at any time with just six months’ notice.”—[Official Report, 14 November 2022; Vol. 722, c. 424-5.]

The SNP happens to agree that that is probably the best clause in the Bill as it stands—

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

It is the only good clause in the Bill.

[Richard Thomson]

I hear my hon. Friend say that it is the only good clause; we are not looking to amend it.

Clearly, the right hon. Member’s views in 2022 are significantly more closely aligned with reality than those that he was obliged to defend publicly in 2021 and those which the current crop of Trade Ministers are clearly obliged to defend now.

[Drew Hendry]

My hon. Friend is doing a much better job than the previous guy did in his role [Laughter.] Is it not a fact that while Government Members try to defend this awful deal, not only have they lost the support of a former Minister who once supported the deal and now, freed from office, thinks it is awful, but, actually, their own Prime Minister thinks that this is a bad deal as well?

[Richard Thomson]

I thank my hon. Friend for that. It is quite clear that the objective was to get chalk on the board rather than to get any trade deal in place that might actually improve on or even equal or replicate that which was there. The thing is, the Government did not need to travel far to get the feedback that this was not a good deal. Scottish sheep and beef farmers could have told them that it was not a good deal; indeed, they tried to do so from the outset. They knew fine well that these deals would undercut UK farmers while delivering next to no benefits for the agrifood sector at large. It was clearly far more important for the then Prime Minister to be seen to be getting Brexit done and forging on with deals—whether they were any good or not—than to secure positive outcomes for consumers and producers in this country.

As there is clearly nothing quite so liberating as the loss of ministerial office, there is evidently nothing quite so constraining as the gaining of ministerial office. While I am glad to congratulate my constituency neighbour, the Under-Secretary of State for International Trade, the hon. Member for West Aberdeenshire and Kincardine (Andrew Bowie), on his elevation to his new post—this is the first chance we have had for exchanges across the Floor since he took that role—I will take him back to comments he made on the BBC’s “Debate Night” programme in March 2021. I am sure that he is already pulling that out of the memory banks. In response to a question from the audience, he said that young people are not reaping the benefits of Brexit. Surely that is a candidate for understatement of the year. I think we can now add the Scottish food, drink and agrifood sector to that, for whom there are absolutely no benefits.

--- Later in debate ---

[Nigel Huddleston]

I beg to move, That the Bill be now read the Third time.

Our deals with Australia and New Zealand are the first trade agreements in almost 50 years that the UK has negotiated from scratch. Members from across the House have rightly been eager to engage with the Bill, and I thank them all for continuing to do so. I also thank Members who sat on the Public Bill Committee for their work in scrutinising the Bill, and in particular my right hon. Friend the Member for The Wrekin (Mark Pritchard) and the hon. Member for Halton (Derek Twigg) for their expertise in chairing the Committee.

Members have rightly shown a great interest in the Bill, and I would like to use this opportunity to give the House further assurances. First, Members expressed concerns about the opportunities that the devolved Administrations have had to shape the Bill. I can assure the House that our procurement teams have consistently held roundtables with their counterparts from the devolved Administrations. During negotiations with Australia and New Zealand, they discussed the text of procurement chapters. Discussions on the Bill, and the changes in procurement regulations that it creates, have regularly taken place. Indeed, during negotiations, ministerial and official level engagement on these free trade agreements totals hundreds of hours. That includes 25 meetings with the Australia FTA chief negotiator, specific discussions at the ministerial forum for trade, and senior official conversations on policy content. My officials continue to work closely with their counterparts at the devolved Administrations to address the concerns raised regarding the powers in the Bill. I myself have also had constructive conversations with Ministers from the devolved Administrations. The Government remain committed not to using the concurrent power in the Bill without first consulting the devolved Administrations. I want to stress to the House that the powers are the most logical and efficient way of making minor, technical changes to our procurement regulations.

On Report, we discussed how the Government are committed to providing, for each agreement, a monitoring report every two years, and an evaluation within five years of entry into force. The reports will assess the entirety of the agreements and not limit themselves to the procurement chapters alone.

I would like to say a couple more thank yous: first, to the Bill team at the Department for International Trade—James Copeland, Donald Selmani, Jack Collins, Alex Garcia-Pineiro and Catherine Ajani—as well as the other officials who make up my fantastic team. I would like to thank the parliamentarians who have taken part in this and other debates on the legislation, and of course the International Trade Select Committee, as well as the wonderful staff here in the House.

I also want to thank the Opposition spokespeople for the constructive way in which they have approached scrutiny of the Bill. It was remiss of me earlier not to welcome the new SNP spokesperson, the hon. Member for Gordon (Richard Thomson) to his role, and I do so now. I also thank his predecessor, the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry). Who knows, but perhaps under the new leadership we may actually get the SNP to vote in favour of a trade deal. [Interruption.] Indeed, I suspected that may be the case.

[Drew Hendry]

Will the Minister also extend the hope that the Government may accept one of the SNP amendments one of these days?

[Nigel Huddleston]

The key thing is that we estimate that these deals will considerably boost the UK economy and all nations. Businesses in every single constituency will be able to grasp new opportunities from this Bill. It will therefore benefit the whole of the country, and I hope that just perhaps it will get the support of the whole House. I am delighted to commend this Bill to the House.