Trade Bill

Drew Hendry Excerpts

Consideration of Lords amendments
Monday 22nd March 2021 Commons Chamber

[Sir Iain Duncan Smith]

Yes; I am grateful to my hon. Friend for his comments. The problem is that this Lords amendment incorporates the original Neill amendment in its entirety and makes two adjustments. First, there are already trade arrangements with China, but they are pushed aside in this. It can only be an FTA, and it is a prospective one, which means that the Uyghurs are not going to get in front of the Select Committee at all. Secondly—this is very important—it opens the door, because of the definition, to any state activist who has nothing to do with the authority in that state. All QCs who have seen the amendment have accepted that this is a major problem, so we have dealt with that, made it a better arrangement and added the legal committee.

It seems to me that the Government simply do not want to have these judges involved. They say, “We’ll have a judge, if you want, on one of the Select Committees.” Does that not apparently make it another quasi-judicial committee? If the Minister does not mind me saying so, it is a bit sad that the Government could not have accepted this amendment. There was no need for us to be here today voting on it. This was a major compromise, and it would have settled everything.

My right hon. Friend the Minister knows that I have huge respect for him in the job that he has to do right now, but I simply say this. We have a chance tonight, following a very good statement by the Foreign Secretary, to send the message that we simply will not put up with this; we are not frightened of finding that this is genocide, and we are not frightened of saying it from the steepletops. We know that we have to stand up for those who have no voice. This Chamber has a history of doing that. It has an opportunity tonight to do that, and I am sorry that my Government, whom I hugely respect, do not think that they can do it. I urge Members to vote for this Lords amendment.

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

Madam Deputy Speaker, I notice that the countdown timer is running, but I assume that I get the Front-Bench privilege for this speech.

[Madam Deputy Speaker (Dame Rosie Winterton)]

The hon. Gentleman certainly does. It is a mistake if the countdown timer is running.

[Drew Hendry]

Thank you, Madam Deputy Speaker.

The original intent of the Lords amendment on genocide was to bind the Government, to ensure that their trade policy was not actively engaging in propping up the economy of a country that was committing genocide. The SNP regarded that as being reflective of the bare minimum standards of what should be our commitments to human rights and global citizenship. I say “bare minimum” because much more power should be given to that commitment than was contained even in that amendment. We should see an approach along the lines of a comprehensive cross-departmental strategy aimed at preventing atrocities and binding the Government in their behaviour and intent. The original amendment from Lord Alton was a bit hingum-tringum; despite the fact that it was not nearly strong enough, we supported it, as it was at least a step in the right direction. Make no mistake: as we debate the text of this Bill, we are very far away from even that place.

Any idea that we are actively debating accountability on human rights, even on the terms originally intended, is blown apart by the very Government texts that the House is now considering. The Government have maintained that they do not need the law to reflect their commitments to human rights, and that they would not do anything to compromise them. Furthermore, they maintain that their so-called compromise amendment facilitates a new level of commitment, but as soon as one Minister pours honey in the public’s ears, another drops the mask and lets slip the poisonous truth that condemns those warm words as cozenage.

It is clear from the remarks of the Foreign Secretary, who is also the de facto Deputy Prime Minister, that there is absolutely no substance to the Government’s rhetoric about their being champions for human rights at every turn; shamefully, they are willing to actively pursue an unethical trade policy. If there was ever any doubt about the hollowness of the maxim of global Britain, it has rung out loud and clear in the Foreign Secretary’s words. The amendment backed by the Government is completely inadequate in checking their actions. It would bind them to naught, and it is crystal clear that in reality the Government would rather not be subject to any moral position or restriction on their trade policy.

The Government could have committed in the Bill to maintaining existing consumer and labour standards; they turned that chance down, and the public should ask why. The answer is because they are all too willing and ready to sacrifice them to get a deal—any deal. Anyone naive enough to think that that is not the case should look at what is happening with the NHS and human rights. The Government could have taken the opportunity to ensure the protection of all aspects of the NHS from private foreign procurement, but they turned the chance down. Why? Well, in a sign of the times, they have been busy allowing the sale of NHS GP practices to US companies, with the US health insurance giant Centene Corp quietly assuming control of the care of half a million patients in recent weeks. Donald Trump may mercifully be gone, but few will forget the rare moment of honesty when he confirmed that the NHS is on the table in a US-UK trade deal. We all know that it very much still is. His Tory cohorts are still here and have earned zero trust over their deeds and actions.

We now see the Government looking to shirk their commitments on matching their trade policy to our values on protecting human rights. Why? Again, we know exactly why, thanks to the words of the Foreign Secretary. The cat is not only out of the bag, but running feral, alerting the world to the fact that human rights abuses will not matter to the UK. This Government will forgive almost anything in their haste to get a deal—any deal. They turned down the chance to do the right thing. We can hear loudly and clearly that behind the scenes, this does not matter to the Government; publicly, we can see the Government retreating from their legally binding manifesto commitment to international aid spending. The amendment does not do justice to the intentions of Members from all parties who have sought to meet that commitment head-on.

The Government’s empty words on global Britain have no bearing on virtually any aspect of their policy on protecting the most vulnerable around the world, on how we determine any notion of responsibility for who the UK sells arms to, or now, apparently, who we trade with. If this issue were not so serious, it would be laughable that this Government are trying to rest on laurels that simply do not exist. They should wake up to the reality that the UK’s moral standing is already badly damaged. This legislation makes matters worse. With their actions today, the Government have done nothing to repair that standing; they are solely responsible for bringing it into such disrepute.

Today, as the UK Food and Drink Federation publishes details of how exports of beef, pork and cheese to the EU have been savaged, having fallen by more than 80%—for salmon it is 98%, which is in effect an utter wipeout of a major Scottish export—another poll shows that the people of Scotland have had enough of this attitude; it confirms majority support for independence, as does the long-term poll tracking. The people of Scotland see for themselves the economic and moral vacuums being created by this Tory Government. When they look at this shameful situation, they know that the only way to protect our international trade reputation, and to be represented in the way that they want, as global citizens, is if Scotland once again joins the international community as an independent nation.

[Dr Liam Fox (North Somerset) (Con)]

Following that speech, I will return to the subject we are discussing. I thank the shadow Secretary of State for her generous words and her accurate quotation. None of us actually believed the process would take quite as long as it did when we began. On the point of order made by my hon. Friend the Member for Wealden (Ms Ghani), I am extremely distressed that she should feel frightened by the intervention of a foreign power in her actions in the House of Commons. Given the level of cyber-intrusion in the United Kingdom in general, it is perhaps something we should all be afraid of.

There are three brief reasons why I support the Government’s position, and I have set them out before. First, I do not believe we should make generic law on the basis of specific cases. The history of our legislation is littered with victims of unintended consequences, which come about when we make law in that way. We should have specific actions for specific issues, such as the actions set out by the Foreign Secretary today on the atrocious way the Chinese treat the Uyghurs. That is the appropriate way to proceed.

Secondly, I believe that the House can vote down any free trade agreement through the Constitutional Reform and Governance Act 2010 process. If a preferential free trade agreement with China was proposed that gave China greater access to the United Kingdom market than it would have under World Trade Organisation regulations, we would already have the ability to block it; but I do not believe, for a range of reasons, that we are likely to see that any time soon. The trade conditions, never mind the human rights conditions, mean that is not going to happen.

Thirdly, I do not believe we should restrict the right of the elected Government and the House of Commons to implement policies on which a Government were elected. That is the point of principle that I have raised in every single debate we have had on this issue. The House of Commons should reject unwarranted intrusion, whether by an unelected Lords Committee of senior judges or the courts, on to the rights of democratically elected Governments to implement the policies on which they have been elected. This House should not put limits on what they can do, or, moreover, allow elements outside the House of Commons to do so. That would set a constitutional precedent that we would come to regret in time, whatever the good reason was for considering those changes.