Read Bill Ministerial Extracts
Baroness Laing of Elderslie
Main Page: Baroness Laing of Elderslie (Conservative - Life peer)Department Debates - View all Baroness Laing of Elderslie's debates with the Department for International Trade
(4 years, 3 months ago)
Commons ChamberWe go now to Belfast South and Claire Hanna.
Thank you, Madam Deputy Speaker. We in the Social Democratic and Labour party have put on record our concerns about the concept of upending the trade environment for businesses, particularly while many are in the fight of their lives against covid, as well as our scepticism about the possibility of negotiating this deal in just seven months, given the social distancing and travel restrictions on us all.
We have another few objections to the content of this Bill. The first concerns democratic oversight and the Bill’s failure to uphold basic principles of scrutiny and oversight, including around delegated powers. When Brexit was fought for on the basis of powers for this Parliament, it seems bizarre that MPs would vote to hand those powers to the Government unchecked to allow them to negotiate and sign, with incomplete scrutiny, trade deals that could have a massive effect on many aspects of our lives. Trade is a reserved matter, and this has particular implications for those of us in devolved regions where the powers may very well cut across devolved matters.
Our second objection relates to the protection of the national health service. The Bill fails to provide cover for that, despite numerous invitations to the Government to do so. The Government may say that the national health service is not for sale, but many people feel that actions in the medium and recent past make that unlikely to be true. Many have pointed out that we had applause for the national health service just last Thursday, but on Monday of this week a Bill was introduced that will seriously hamper the ability to provide health and social care services. Leaked papers from last year make very clear—if they were not already—the US’s interests in a trade deal, namely further access to NHS contracts and data. If the Government want people to believe that that will be off limits, they need to legislate specifically for that.
We also have serious concerns about the environmental ramifications of the approach set out in the Bill, which we do not think is compatible with an acknowledgment of our obligations to address climate change and improve resilience. The Bill should be underpinned by binding high environmental standards and non-regression provisions, but it is not. If done badly, these trade deals risk a race to the bottom on environmental protections and standards, as well as labour protections and standards. The fact that the Government rebuffed attempts to introduce standards via the Agriculture Bill will convince many people that the Government are not serious about such protections.
That leads me on to farming. Farmers in Northern Ireland and, I would imagine, elsewhere were dismayed by the Government’s failure to accept reasonable amendments to the Agriculture Bill. That leaves farming and many other sectors facing an uncertain future. That is particularly true for farmers in Northern Ireland—I am sure it is the same in many other regions—who trade and market on the basis of exceptionally high standards. They now fear that they will face competition from products of low and, indeed, unknown standards.
I want to finish with some questions that I hope the Secretary of State will address in her wind-up. One is about the trade arrangements that we currently enjoy with other territories—I think there are 74. How many of those arrangements have been rolled over to date, given that we require them all to be so within a matter of months? Does she anticipate that any countries that have rolled over, or that have indicated a willingness to do so, will seek to renegotiate in the light of the tariff schedule that was published yesterday? Does she acknowledge that every differential between the UK and the EU tariff schedules adds to the list of goods at risk in the Northern Ireland protocol and offers incentives for smuggling? Does she believe that that is yet another unfortunate consequence that people in Northern Ireland have to deal with, despite having rejected Brexit at every turn?
Finally, the Secretary of State has pointed out in the past that Northern Ireland will have UK tariffs applied—and lower, if that is negotiated with partners—but if any future arrangements require changes to regulatory practices and areas that are covered by the Northern Ireland protocol, will those arrangements have a carve-out for Northern Ireland?
It has been almost four years since the United Kingdom voted to leave the European Union. For the majority of that time, my constituents have been wondering what this would mean for them, their families and their businesses. Much has been made of the negatives in the last few years. What might go wrong? What markets are being lost? What standards are being lowered, and so on?
Today, of course, we find ourselves in a state of flux. The year 2020 has taken an unexpected turn and has altered the world in such a way that we are currently not sure what our normal is. Our coastal and rural communities are understandably nervous about what their future will look like. I understand those concerns completely, but the Bill offers a glimpse of life in the future, and for this we must be optimistic. With this Bill, global markets are a step closer to being opened up to Truro and Falmouth, the whole of Cornwall and the entire United Kingdom.
Figures suggest that a free trade agreement with the US, for example, could potentially boost the economy in the south-west by £284 million in the long term. One business in my constituency that might benefit from this is a copywriting agency based in Penrhyn. It works for tech companies around the world, including the likes of Microsoft, Amazon, Oracle and Salesforce, and around 35% of its business is from overseas. Two of the biggest clients are now based in the US, and it received funding last year from the Department for International Trade to travel to Boston to develop stronger relationships with one of its clients, a global software firm. Another company, also based in Penrhyn, uses precision 3D laser scanners to offer a safe and highly efficient surveying service to a wide range of industries. Founded 10 years ago as a 3D mining surveying company, it has branched out and offers surveying for yachts, vessels and other architectural design, with work being explored in the Balkans and on the African continent. These are just two examples of businesses in my constituency where I hope future open markets will be of greater advantage. There are many such businesses in Cornwall that can springboard once tariffs and red tape are reduced.
To support the dairy industry, food and drink and small businesses, the FTA could allow changes to tariffs for key exports such as dairy, which are currently as high as 25%. It could also see protection and growth for the region’s famous local exports. The south-west already exports £3.7 million-worth of drinks to the US, and a deal could help to build those exports and maintain effective protection for food and drink names to reflect their geographical origins, such as Cornish cider and, of course, Cornish pasties.
Last week, we voted to ensure that the Agriculture Bill moved to the next stage of its progress through Parliament. The House will remember that there were two amendments regarding the protection of food standards. I voted with the Government because I felt that this was not a discussion that should disrupt an otherwise fantastic piece of legislation. However, it is an important issue and one that Cornish farmers and I feel very strongly about.
Many farmers in my constituency are concerned that opening up the markets to imports from the US, in particular, could unfairly disadvantage them. However, managed correctly, I strongly believe that the UK agricultural sector will greatly benefit from a UK-US trade deal. There are clear opportunities for agricultural exports, of course. Currently, the average tariff on Cornish cheese, for example, is around 17%, which means that US consumers must pay more, so our quality produce is often priced out of the market.
However, on the tricky subject of food imports, I believe that the Government need to consider open, clear and obvious labelling—I am a big labelling fan and I am becoming a labelling nerd. I really want to see the Government working with food and agricultural industries to ensure that consumers can really see what they are buying. In my heady days as a new MP, all the way back at the beginning of the year, the Secretary of State made encouraging noises about better labelling, and that, for me, is key. When purchasing fresh meat, we see that our labelling has got much better. I, for one, always look to see that a chicken is free range and British. I am reassured by that, as I know that our free range chickens are, on the whole, happy chickens. However, someone buying a chicken korma ready meal, for example, will see no indication of where that chicken started its life or of whether it was content with its lot.
In closing, we must trust the British people to do the right thing, and we must give them all the information they need to make the correct decisions. Most people want to support British farmers, and reward their hard work and high animal welfare standards. The Government have a responsibility to make that as easy as possible; it is not protectionism—it is trust. It is about trusting our farmers and farming industry to carry on being the best—
Order. The hon. Lady has exceeded her five minutes.
There is a great deal of public concern about the Bill before us today, because it fails to provide for effective parliamentary scrutiny in future trade agreements. In effect, the Government will have free rein to do what they like in signing trade agreements with countries around the world, including countries that do not have the same level of environmental protections, food safety and animal welfare regulations that we currently have. Free trade agreements can have an impact on our labour standards, and on the ability of our public services to operate in the public sector. That has profound implications for the quality of all our lives, and for our democracy.
Before the current covid-19 crisis, large sections of the public had become aware of the privatisation of the national health service which has been going on under this and previous Conservative Governments. The Bill fails to protect the future of the NHS, since it does nothing to prevent trade deals from being done behind closed doors without proper parliamentary scrutiny.
The Health and Social Care Act 2012, introduced by the Conservative and Liberal Democrat Government, brought in complex changes, undermining our national health service as a public service delivered by public sector employees. The abolition of the student nurse bursary seemed designed to erode further the public sector ethos of our NHS. Yet, despite this onslaught from the Government, today we see doctors, nurses and other NHS workers putting their all into serving all of us as our country goes through the most terrible of public health emergencies. It is humbling and we owe them an immense debt of gratitude for their outstanding dedication. In this context, it is all the more important that those of us in Parliament and in this place stand up for the NHS and fight to protect it. I believe that the Bill fails to protect the future of our national health service.
The British Medical Association has been quite clear that the Bill should stipulate that the health and social care sectors are excluded from the scope of all future trade agreements to ensure that the NHS can be publicly funded, publicly provided and publicly accountable. It is also quite clear that the Bill should rule out investor protection and dispute resolution mechanisms, to ensure that foreign private companies cannot sue the UK Government for legitimate public procurement and regulatory decisions, and that protections should be included in the Bill to ensure that NHS price control mechanisms are maintained so that patients have access to essential and life-changing medicines.
I am very concerned that, while our fantastic NHS workers are doing everything they can to tackle covid-19 and provide care and support to anyone who needs it, the Government are seeking to pass a Bill that does nothing to enable elected representatives meaningfully to scrutinise trade deals to protect the NHS. The Trade Justice Movement has said:
“The current processes are fundamentally undemocratic: Parliament has no guaranteed say on trade deals, and the government is not required to be transparent before or during trade negotiations.”
At the last general election, the Conservative party manifesto promised:
“In all of our trade negotiations, we will not compromise on our high environmental protection, animal welfare and food standards.”
Yet, the National Farmers Union has highlighted the absence of any provisions to safeguard the high farming production standards in the context of the international trade negotiations. Compassion in World Farming has quite rightly said that any new trade agreements must not undermine UK standards for animal welfare, food safety or environmental protections, and that they must protect UK farmers from imports produced to standards lower than those in the UK.
During the transition period following the UK’s exit from the European Union, trade remedies are dealt with by the EU. At the end of the transition period, we need our own trade remedies authority to investigate alleged unfair practices. However, the new trade remedies authority provided for in the Bill lacks the independence, parliamentary oversight and accountability needed to ensure that it will operate transparently and fairly when investigating and challenging practices that distort competition against UK producers in breach of international trade rules. There is no provision for ensuring a voice on the trade remedies authority for industry bodies or trade unions, and there is no proposed mechanism for their ongoing consultation on trade practices affecting the competitiveness of UK industries or the employment of workers therein.
To conclude, the Bill fails to make provision for meaningful and effective parliamentary scrutiny of trade deals and gives the Government immense powers to turn back the clock on safety standards in the food we eat, the products we buy, our employment rights and the way in which public services are delivered. It threatens the future of the NHS by leaving it exposed to greatly increased privatisation—
Order. The hon. Lady has exceeded her five-minute limit.
I wish to focus my remarks on what the Bill and the Government’s trade policy means for human rights around the world in terms of our existing obligations and our commitment as a country to stand up against human rights abuses wherever they take place.
When striking trade deals across the world, many nations use trade to influence human rights policy, yet there is concern that, faced with the need to strike quick deals to demonstrate success in the aftermath of Brexit, the Government will water down human rights protections, particularly when China, India and Russia—all countries with a poor record on human rights—rank within the UK’s top 25 export and import markets.
China’s deliberate evasion of human rights is well known, with the mass detention, torture and mistreatment of the Uyghur Muslims in particular, along with controls on their daily lives. Russia is also notorious for its weak human rights record, lack of accountability for those in public office and widespread torture and persecution.
While any abuse of human rights is abhorrent and must be challenged, the Indian Government’s human rights abuses in Indian-occupied Kashmir—well-documented by several human rights organisations, including the United Nations—is particularly important for my constituents in relation to any trade deals with India. As we speak, the region is now almost 10 months into a brutal lockdown that has seen cities, towns and villages placed under what is in effect a siege, with food, water and medicines restricted from entering and civilians restricted from leaving. This lockdown has also seen communications cut on an unprecedented scale, which has prevented any spread of information and left security forces even more unaccountable. With a need for reliable information to restrict the spread of coronavirus, this electronic curfew causes yet more harm.
Sadly, this experience is nothing new for the sons and daughters of Kashmir. They are routinely subjected to persecution, discrimination and heavy-handed tactics by Indian security forces, with a disproportionate use of force, including the indiscriminate firing of live ammunition and the routine use of pellet guns that have left hundreds of Kashmiris, including children, blind for life. That is to say nothing of the repressive control measures, rapes, tortures and indiscriminate detentions that take place across the region at the hands of the security forces. What is scandalous is that those committing these human rights abuses are immune from prosecution under the Indian Armed Forces (Special Powers) Act, rendering them in effect untouchable, despite their crimes.
The Indian Government also continue to deny the Kashmiris their right to self-determination, as was mandated by a United Nations Security Council resolution that is now well over 70 years old. There is no prospect any time soon of the vote that will allow them to shape their own destiny, particularly following the illegal decision to revoke articles 370 and 35A. In effect, that decision repeals what little autonomy Kashmir held in its position as a disputed territory at the heart of an unresolved conflict. What the Indian Government are doing in Indian-occupied Kashmir is vile and abhorrent, and it must be called out and challenged.
We cannot let our desire for trade allow us to ignore this. The Government must not be afraid to put human rights and high standards before trade, especially when it concerns those nations, such as India, with whom we share strong historical, cultural and social ties. In this region in particular, we have both a historical and moral duty, and as is the case with all human rights abuses, it is an international issue, not a domestic one or a bilateral one, that we cannot and must not ignore.
With time not permitting me to speak longer, let me say in conclusion that while this Bill allows the UK to pursue new trade deals, it must not pursue a new approach on human rights or overturn years of hard work in pursuit of a quick deal that turns a blind eye to human rights abuses, human suffering, the abuse of workers or the watering down of environmental protections. Instead, it must commit to strengthening our human rights commitments and to ensuring that any future trade deal incorporates the highest standards on human rights. At the very least, this means an end to the detention camps in China and to the persecution, discrimination and injustice in Kashmir, with the repeal of the special powers Act and a free, fair and independent plebiscite for Kashmiris to decide their own future, in line with the United Nations resolutions that this House has an absolute duty to uphold.
The last speaker from the Back Benches is Fay Jones.
Thank you very much, Madam Deputy Speaker. It is an honour to have been called to speak in this debate, and to be called last.
The Bill before us today is one of continuity, which during these uncertain times will provide reassurance to many of the hard-working rural businesses in my constituency of Brecon and Radnorshire. The Bill builds on two manifesto commitments on which I was elected: to protect the national health service and to protect our farmers from substandard imports. Trade is the cornerstone of our economy, and ensuring that stability is maintained as we leave the transition period is paramount. With our exit from the European Union, there has never been a better time to broaden our horizons and to seek opportunities as an independent trading nation.
Constituents have contacted me recently to voice their concerns about the Bill and the fact that the national health service could be vulnerable to privatisation when the UK joins the Government procurement agreement in its own right. I am certain that it will come as great reassurance that the Bill makes it clear that the UK’s GPA coverage does not and will not apply to the procurement of UK healthcare services.
Every day we are reminded of the overwhelming importance of our national health service and the services that it provides, and I want to take this opportunity to thank all those working on the frontline, particularly in Brecon and Radnorshire. I am glad that no part of the Bill will change the way in which we deliver our healthcare provision in the UK. It is clear that the NHS will remain a public service that is free at the point of use, paid for by taxation and fundamentally working for the benefit of the public.
Brecon and Radnorshire is home to some of the greatest farmers in the country—arguably some of the best in Europe. This morning I had the pleasure of talking to the young farmers clubs of Brecknock and Radnor—or rather, they did most of the talking. Representing a constituency that revolves around farming, I want to ensure that those young farmers have a bright and prosperous future. Their high-quality produce is more than a tradeable commodity; it is a source of deep pride, to them and to me. Their commitment to the highest standards of animal welfare and food production is very inspiring and should be championed at every opportunity, especially as we deliver on signing new and ambitious trading agreements around the world.
I firmly welcome the Government’s commitment to ensuring that we will not compromise on our standards when pursuing future trade deals, as that would inevitably lead to a decline in our prized agriculture sector—something that I cannot accept. I wholeheartedly echo the comments of my neighbour and hon. Friend the Member for Montgomeryshire (Craig Williams), who called for greater engagement with the farming community on the Bill. I know that the Minister will give consideration to that. I am grateful that the Secretary of State confirmed yesterday that she is happy to visit one of the seven livestock markets in my constituency, and I look forward to welcoming her as soon as possible.
With the creation of a new independent body, the trade remedies authority, businesses and producers in the UK can have confidence that as we secure the benefits of global free trade, we can simultaneously provide a safety net for our domestic industries. As our trade remedies are currently maintained by the European Union, it is imperative that the authority has the necessary powers to protect UK producers against unfair trading practices such as unfair subsidies and dumping, and I wholeheartedly support those aims.
The Bill will ensure that we are able to roll over our current trading arrangements. Now, as an independent nation, we have the chance to reaffirm and expand our agreements. We are limited only by our ambition. Rural mid-Wales needs every opportunity to trade our produce and services around the world. Driving jobs and economic growth through international trade is crucial and a priority of this Government, but I urge Ministers to give rural entrepreneurs as much of a fighting chance as their urban counterparts. Our message is clear: an independent Britain will be open for business, and across Brecon and Radnorshire we are willing and eager to play our part.
We now go to Bill Esterson to wind up the debate for the Opposition.
Labour believes in free and fair trade. International trade will play a vital role in how we recover from the biggest economic shock since the second world war, but we cannot return to a system of unscrutinised trade deals that open the door to lower living standards and higher carbon emissions. The Bill should provide a framework for trade policy, create a trade remedies regime that works for the whole country and give people the confidence that trade deals will be properly scrutinised by MPs and civil society, but it does very few, if any, of those things.
International trade agreements have the potential to undermine our public services, favouring foreign multinationals eyeing up our NHS, for example. They can be used to undermine workers’ rights here and abroad, and to damage food safety and animal welfare. They can prevent action to tackle the climate emergency. That is why there is so much concern about the Bill and why the lack of scrutiny envisaged under it is wrong—wrong for the agreements covered by the Bill and wrong because of the precedent it sets for future trade agreements, such as that with the United States. My hon. Friend the Member for Wirral West (Margaret Greenwood) was one of a number of Members who expressed similar concerns. My hon. Friend the Member for Bradford East (Imran Hussain) called for human rights to be strengthened, and not ignored, as part of trade negotiations.
My hon. Friend the Member for Bristol North West (Darren Jones) gave an excellent analysis of the case for investment in our manufacturing base, which of course requires a trade remedy system that acts in the long-term interest of manufacturers and does not give equivalent importance to temporary consumer gains from unfairly subsidised imports. In fact, the hon. Members for Dudley North (Marco Longhi) and for Stoke-on-Trent Central (Jo Gideon) gave perfect examples of what can go wrong when low prices for consumers are put first, only to see workers in domestic manufacturing lose their jobs.
The hon. Member for Dundee East (Stewart Hosie) was right when he said that trade agreements are about much more than trade. He also highlighted the lack of engagement with the devolved Administrations.
My hon. Friend the Member for Brent North (Barry Gardiner) did an excellent job of scrutinising the Bill last time around, as the then shadow Secretary of State. His description today of the weakness of the trade remedies system and what he called the Government’s view of Parliament as “an inconvenience” was again an excellent analysis of all that is wrong with what he called “this disastrous Bill”.
In last week’s Agriculture Bill, the Government blocked attempts to lock in food standards, and environmental and animal welfare protections. In a framework for international trade, rights and standards should include those proposed last week—not just food safety standards, but standards that do not deliver an unfair advantage from the cheaper production that results from insanitary conditions for livestock and often the use of GM foods to boost yields. The hon. Member for Tiverton and Honiton (Neil Parish) said that he was told last week that those were matters for the Trade Bill—perhaps the Minister will tell us whether that is true.
On continuity agreements, we told the Government what would happen when they tabled a similar Trade Bill to that in the last Parliament. We said then, and we say again now, that the new agreements need to be properly scrutinised by Parliament, by the devolved nations and by civil society. Twenty of the existing deals remain to be signed. Why? Because the third countries want better deals—deals that need proper scrutiny, the scrutiny so far absent from the 20 deals that have been signed already.
What is proposed is undemocratic. While we were part of the EU, the European Parliament carried out scrutiny and voted on new trade agreements. That scrutiny process has been deleted with nothing in its place. I hope that the Minister for Trade Policy, the right hon. Member for Chelsea and Fulham (Greg Hands), will take note that his hon. Friend the hon. Member for Huntingdon (Mr Djanogly) quoted promises of a new scrutiny regime made by this Government. He called for more scrutiny, not less.
My hon. Friend the Member for Preston (Sir Mark Hendrick) made similar comments, and my hon. Friend the Member for Belfast South (Claire Hanna) made the same point in the context of the way in which trade is a reserved matter with the potential to cut across delegated powers in the nations of the UK.
Labour believes that MPs should have unrestricted access to negotiating texts as they are formulated, with the power to analyse those texts with the technical experts of their choice. As the House of Lords European Union Committee has warned mere “accountability after the fact” for Government negotiators does not represent “a sufficient basis for” meaningful “parliamentary scrutiny”. The devolved Governments, employers and unions should also be fully engaged.
When the Minister responds in a moment, will he tell me whether he has considered how the proposed parliamentary scrutiny and approval of trade deals in the UK compares with that in Australia, which the Secretary of State in her speech said was a model of free trade? While he is about it, will he tell us about the systems in the United States, in New Zealand and in other similar democracies? Finally, I ask him what the Government have to fear about emulating the level of consultation, evaluation and affirmation of trade deals that we see in those countries.
I call the Minister, whom I ask to take no more than seven minutes, please.
It is a pleasure to respond to what has proved to be a spirited and well-informed debate. The Bill provides us with the opportunity to come together to shape a piece of legislation that will underpin and enable our country’s prosperity in the years to come up. Members from all significant parties and parts of the UK made valuable and considered contributions this afternoon.
The House will be aware that I was the Minister responsible for taking the Trade Bill through Committee during the previous Parliament—as alluded to by the hon. Member for Brent North (Barry Gardiner)—in my previous role in the Department for International Trade, so I stress that I am a continuity Minister for a continuity Bill. Nevertheless, my involvement in this latest Bill has been limited until relatively recently, so I pay tribute to my right hon. Friend the Member for Bournemouth West (Conor Burns), who has done great service in engaging in constructive dialogue with colleagues from across the UK, as well as with key Opposition figures in both this Chamber and the other place, to bring the Bill back to Parliament.
Members have raised a number of important issues; I will try to answer as many of their questions as possible in the short time available. I am happy to write to Members to follow up on any further points, if any Members feel that to be necessary. I will also be holding a virtual “open door” session for all MPs on 4 June, when I can answer any further questions that they may have.
Before I turn to the issues, let me remind the House of the purpose of the Bill: it will enable the UK to implement our obligations in the trade agreements that we have signed and will sign with countries that already had trade agreements with the EU at the point at which the UK left the EU, on 31 January 2020. It will also enable us to implement our obligations under the WTO agreement on Government procurement, create the Trade Remedies Authority, and enable us to have data-sharing powers to assist in trade.
Let me respond to some of the individual points made. We welcome the right hon. Member for Islington South and Finsbury (Emily Thornberry) back to the Dispatch Box. Most extraordinarily, she said that the Bill was “not worth the wait”. She should try telling that to UK companies that are already participating in the $1.3 trillion global procurement market as a result of the GPA. She should try saying “not worth the wait” about the £207 billion-worth of UK trade with those countries with which we are signing continuity agreements. She should try telling that to those companies and jobs that depend on a strong trade-defence regime in this country to protect against unfair trading practices. The Bill is well worth the wait.
The right hon. Lady asked about human rights; none of the 20 agreements signed so far contains any weakening of human rights commitments. There was no termination clause in underlying EU agreements, which is all we are seeking to replicate in the Bill. All the continuity agreements that the UK has signed so far have been laid before Parliament under the Constitutional Reform and Governance Act 2010 process—a process that the right hon. Lady voted for, when she was a Labour Member of Parliament, supporting her Government of the time.
Let me turn to some of the other points raised. It was fantastic to hear my right hon. Friend the Member for North Somerset (Dr Fox) talking about trade, welcoming the UK global tariff and discussing WTO reform, the rules- based system and his continuing interest in the WTO.
My hon. Friend the Member for Huntingdon (Mr Djanogly) asked whether any countries did not want a deal with us; the answer to that is no. I am happy to meet him again, as I did during the progress of the previous Trade Bill, to discuss his other points.
My hon. Friend the Member for Folkestone and Hythe (Damian Collins) made an important point about the US section 230 and how it is dealt with in the United States-Mexico-Canada agreement. I know he has had repeated assurances from the Secretary of State but, again, I am happy to meet him to discuss these issues. We heard an excellent speech from my hon. Friend the Member for Montgomeryshire (Craig Williams), talking about high-quality produce in rural Wales. It is worth pointing out that, although it is not covered in this Bill, the prospective US free trade agreement is a great opportunity for farmers in his constituency to be able to sell Welsh lamb into the US for the first time, and a great opportunity for Welsh cheese.
We also heard excellent speeches in support of free and global trade from my hon. Friends the Members for Witney (Robert Courts), for Stafford (Theo Clarke), for North East Derbyshire (Lee Rowley), for Burnley (Antony Higginbotham), for Dudley North (Marco Longhi) and for Truro and Falmouth (Cherilyn Mackrory). We heard from the hon. Member for South Antrim (Paul Girvan), who wants Northern Ireland to benefit from all UK trade deals. That is absolutely clear in the withdrawal agreement and it is one of our commitments. The hon. Member for Belfast South (Claire Hanna) asked how many have already been rolled over. The answer is 20.
We heard from two of our brilliant trade envoys. My hon. Friends the Members for Gloucester (Richard Graham) and for Fylde (Mark Menzies) asked about trade with Latin America, CPTPP and ASEAN. Those are all vital. We heard important points from my hon. Friends the Members for Stoke-on-Trent Central (Jo Gideon) and for Brecon and Radnorshire (Fay Jones) about important industries in their constituencies. The hon. Members for Brent North (Barry Gardiner) and for Sefton Central (Bill Esterson) gave continuity speeches for a continuity Bill.
Finally, this Bill is a pragmatic first step in the Government’s independent trade policy, ensuring stability now while building a bridge to the outward-looking, internationalist, truly global Britain that we envisage for our future. I urge hon. Members to reject the amendment and I commend the Bill to the House.
Order. I must now conclude the debate and put the questions in accordance with the order of today. Before I put the question, I confirm that Mr Speaker’s final determination is that remote Divisions will take place on the reasoned amendment and on Second Reading. There is therefore no need for me to collect the voices or for Members present in the Chamber to shout aye or no. I remind the House that the first vote is on the reasoned amendment, in the name of Keir Starmer. The question is that the amendment be made, and it falls to be decided by a remote Division. The Clerk will now initiate the Division on MemberHub.
The remote voting period has now finished. I will announce the result of the Division shortly. As the next question is contingent on the outcome of this Division, I will suspend the House for five minutes.
I can now announce the result of the remote Division.
Question, That the amendment be made.
We now come to the Question, That the Bill be now read a Second time. The Question falls to be decided by a remote Division. The Clerk will now initiate the Division on MemberHub.
Question put.
The House proceeded to a remote Division.
The remote voting period has now finished. I will announce the result of the Division shortly. As the next Question is contingent on the outcome of that Division, I suspend the House for three minutes.
I can now announce the result of the remote Division that has just taken place.
Question, That the Bill be now read a Second time.
The announcement was made to the House earlier this afternoon regarding the provisional determination that a remote Division would not take place on the following questions relating to the programme motion and money resolution. That is also the final determination.
TRADE BILL (PROGRAMME)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Trade Bill:
Committal
The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 25 June 2020.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Proceedings on Consideration and up to and including third Reading
(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed. —(Iain Stewart.)
Question agreed to.
TRADE BILL (MONEY)
Queen’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That, for the purposes of any Act resulting from the Trade Bill, it is expedient to authorise the payment out of money provided by Parliament of any expenditure incurred by a Minister of the Crown, government department or other public authority under or by virtue of the Act.—(Iain Stewart.)
Question agreed to.
Baroness Laing of Elderslie
Main Page: Baroness Laing of Elderslie (Conservative - Life peer)Department Debates - View all Baroness Laing of Elderslie's debates with the Department for International Trade
(4 years, 1 month ago)
Commons ChamberOrder. In case the House is not already aware, after the next speaker, we will have a time limit of four minutes on Back-Bench speeches, which, of course, does not apply to Mr Stewart Hosie.
There are four significant flaws with this piece of legislation: the absence of devolved consent, real protections for the NHS, the preservation of food standards and meaningful parliamentary scrutiny. I believe that our amendment 10 and new clauses 7 and 8 deal with the first three, and that new clause 4, tabled by the hon. Member for Huntingdon (Mr Djanogly), deals with the final issue.
I wish to speak to amendment 10 and new clauses 7 and 8, which are in my name, and I will start, slightly in reverse order, with amendment 10. It relates to the powers of the devolved Administrations, or as I said in Committee,
“more accurately, the ability of the UK Government to make regulations under subsection (1), which makes provisions within devolved competencies, without the consent of Scottish or Welsh Ministers or a Northern Irish devolved authority”––[Official Report, Trade Public Bill Committee, 23 June 2020; c. 237.]—
granting consent. It strikes me as fundamental that if we are to genuinely respect the devolved settlement in the UK, Ministers must self-evidently gain the consent of the devolved Administrations before making changes to regulations that directly affect them, possibly in a negative way, or in a way that runs counter to those Governments’ policy objectives.
I am aware that in the previous Trade Bill, under consideration between 2017 and 2019, there was a problematic provision for regulation-making powers to be available to the UK Government, but the good news is that those provisions have been removed from this Trade Bill. It is the case, however, that there remains no statutory obligation for the UK Government to even consult, let alone seek the consent of, Scottish Ministers before exercising the powers in this Bill in devolved areas.
I know that the Minister has said that these powers would not normally be used without seeking consent, and his predecessor did offer a number of a non-legislative commitments to the Scottish Trade Minister Ivan McKee in March. I am genuinely pleased that the Minister, during the Bill Committee, committed to honouring those non-legislative commitments. He said:
“I restate the commitments made by my right hon. Friend, when he was a Minister, in his March letter to the Scottish Minister Ivan McKee”,
and that is genuinely very welcome. However, he went on to say, in opposing what was then amendment 8 and similar Labour new clauses that dealt with the same issues:
“In short, we are already delivering the engagement envisaged by proposed new clause, and we have achieved that while continuing to observe the important constitutional principles enshrined in the devolution settlements.”––[Official Report, Trade Public Bill Committee, 23 June 2020; c. 240-241.]
I disagree. Giving the UK Government the ability to directly effect devolved powers without the statutory requirement to even seek consent is not observing the devolved settlement.
Yes, and I made that point. It is wrong for these provisions to be available only to investors in the way that has just been described. If we want a supranational body that adjudicates, arbitrates and works, let us have the UK Government put some pressure on their friends in the United States and get the WTO appellate body back up and running and functioning again. That would be the best thing for trade around the world.
New clause 8 would also instruct that there should be no changes to drug pricing mechanisms, which could also happen through intellectual property and non-patent exclusivities. That would be bad news for patients, taxpayers, health boards and trusts around the country, and our view is that trade deals should not be used to facilitate it.
In opposing a new clause like this one in Committee, the Minister said that
“the NHS is not, and never will be, for sale to the private sector”.
Fine. He said:
“We have always protected our right to choose how we would deliver public services in trade agreements, and we will continue to do so.”
Fundamentally, his argument was that “however laudable” the new clause was, it was “unnecessary”. He went on to explain that the UK already had
“rigorous checks and balances on the Government’s power to negotiate and ratify”
trade agreements
“via the Constitutional Reform and Governance Act 2010”.––[Official Report, Trade Public Bill Committee, 25 June 2020; c. 315.]
There are two big issues that jump out, given what the Minister said—and I have it in full if he wants to re-read it. First, there is absolutely no practical reason why protections for the NHS demanded by the public should not be included in the Bill. Secondly and more importantly, because the so-called “rigorous checks and balances” in CRAG amount to little more than a take-it-or-leave-it choice at the end of the negotiations, the need to protect the NHS from the outset in legislation is paramount.
I commend amendment 10 and new clauses 7 and 8 to the House, and I hope—time permitting—that we can press new clause 7 and amendment 10 to a vote.
Order. We now have a time limit of four minutes.
I rise to support the Bill because I believe that removing unnecessary barriers to trade can boost jobs and growth, but I hope that the Minister and the Government will consider seriously whether changes can be made to strengthen parliamentary oversight, whether via the amendments we are considering today or in the other place.
I was one of 18 Conservative MPs to back new clause 2 of the Agriculture Bill. I did so because I believe our trade policy should be consistent with our values. The Government were elected on a manifesto with stronger commitments on the environment and animal welfare than any of their predecessors, but maintaining our domestic rules on animal welfare and environmental stewardship of land will have less and less real-world impact if more and more of our food is imported from countries with lower standards and fewer qualms about these matters than we have.
I would therefore like to hear the Minister confirm this evening that the Government will keep in place the import ban on chicken washed in disinfectant and will not at any stage ask this Parliament to remove it from the statute book. I hope that he will say the same about the ban on beef from cattle whose growth has been artificially boosted by hormones. We know that in the United States, many of them are intensively reared on feedlots containing thousands of animals fed off soy production, contributing to deforestation in the Amazon basin.
The reality is that more or less every country in the world reflects sensitivities over food in its approach to trade policy for the good reason that food security is crucial to any society. I warmly thank the Minister and the International Trade Secretary for agreeing to establish a commission to consider how we can secure the economic advantages of free trade agreements without undermining our world-class food standards. Those standards would be undermined if we allowed an unrestricted tariff-free influx of food produced using methods that would be illegal in this country. A good deal with the United States, a mutually beneficial deal, could see tariffs coming down even in sensitive sectors such as beef so long as incoming food complies with animal welfare and environmental standards that are equivalent to our own. Many US producers are perfectly capable of doing that, and it should not be beyond the wit of man to develop a certification and compliance system.
Contrary to what some have claimed, this is not a rerun of the debates on the corn laws, and it is a caricature to suggest that those of us raising concerns have somehow been captured by producer interests as our Victorian forebears in this House were. All I am asking is that we do not sell ourselves short in this country. The UK is the third biggest market for groceries in the world. Even conditional access to that market is a valuable prize. Just because we would like a trade deal with the US does not mean that we should give it everything that it wants. There is so much that we can offer our trading partners in the US and in other countries, and is it so unreasonable to say that, when it comes to food, there are limits to liberalisation?
It is always unsettling when I speak in the Chamber and my colleagues seem to leave and the Whips come in. I reassure them that I am on their side this time. I commend the Bill in its entirety.
I listened carefully to Members from across the House as they raised concerns over food standards and scrutinising the quality of our trade deals, but we must take the Bill alongside the Environment Bill and the Agriculture Bill, and the Fisheries Bill when it comes through this place. The Agriculture Bill took the steps that many in this House and in this debate have been calling for. On welfare standards, the Government have moved to a position where they are performing a consultation on labelling, which I assure hon. Members does not yet go far enough for me; I will be hot on their heels in making sure that we have an extensive labelling system for agricultural produce that is sold in the UK and that goes through restaurants and supermarkets.
However, the Government have also committed to a commission—I agree with my hon. Friend the Member for Tiverton and Honiton (Neil Parish) that its six-month remit should be extended—which actually gives us the opportunity to scrutinise and to uphold the standards of our food and the welfare standards of our imports. That is important, and I do not think it can be expressed enough. It is what the NFU called for and it is what the NFU got, which we should be very clear about. That commitment is there in black and white in the Agriculture Bill, and it is exactly what the Opposition want, so to keep going on and on that we are lowering our standards is a fallacy.
Ladies and gentleman—sorry; Members, if I may—
I think the hon. Gentleman means “Madam Deputy Speaker”.
I beg your pardon, Madam Deputy Speaker.
Reading the Bill and looking at the amendments, I see that one of the benefits is recognising the export potential. We are trying in my constituency to take the benefits of Brixham fish or oceanographic technology manufactured in Totnes and export it across the world and open up new markets for it. The Bill allows that.
I am afraid that my colleagues from Northern Ireland pipped me to the post by mentioning the fishing sector, but there is a huge opportunity in the Bill. We can now open up new markets in the far east. The Bill allows us to do that, and we must support it in its entirety. I should also add that in doing so, we can start allowing ourselves to strengthen the Union.
I have listened to Members from Wales, Scotland and Northern Ireland talk about their produce and exporting it around the world, and it is time to revamp and strengthen the Board of Trade, listening to what is the best of each of those areas and then helping export it to the international community. That will not only strengthen the Union, which I am sure all Members of the House will agree about, but allow us to be able to reach those markets.
Order. After the next speaker, the time limit on Back-Bench speeches will be three minutes. That does not apply to Kate Osborne, who has four minutes.
Thank you, Madam Deputy Speaker.
Ahead of today’s debate, and like my hon. Friend the Member for City of Durham (Mary Kelly Foy), I received hundreds of emails from constituents asking me to ensure that the NHS is kept off the table in any trade negotiations. I share their concerns. We know that the United States and Donald Trump expect a trade deal very much on their own terms. We also know that for the President of the United States the interests of corporate America come first and that he will demand that the NHS pays higher prices for US drugs in a trade deal with the UK.
Over 60% of my constituency of Jarrow voted in favour of leaving the European Union in 2016, but they did not expect it to lead to our NHS being controlled from outside the UK. Over the past few months, the NHS has coped tremendously throughout the peak of the coronavirus pandemic, even though it has not been properly funded for years—over 10 years—owing to the Government’s unnecessary and unwelcome programme of austerity. The coronavirus pandemic has demonstrated the importance of healthcare being accessible to all. However, as the Bill currently stands, it gives no protection to our NHS. We know that our NHS has already been turned into a market, making services vulnerable to being included in the deal unless they are clearly and comprehensively excluded. I can see no evidence so far that the Government want to ring-fence the NHS and keep it out of trade discussions.
The Bill also gives no role for Parliament to review or oversee trade agreements, weakening parliamentary democracy. Those on the Government Benches argue that the UK has taken back control of its trade policy, but do they not find it ironic that, compared with what is being proposed now, there was more parliamentary scrutiny and democratic oversight of trade policy when we were part of the European Union?
We also need to ensure that both public health and social care data relating to UK citizens are protected. Research by Global Justice Now concluded that the United States wants its companies to have unrestricted access to UK data, including NHS health records. The value of that health data is estimated to be about £10 billion a year. The Bill in its current form gives free rein to UK data being moved to servers in America. That could mean that the NHS would be unable to analyse its own health data without paying royalties and could find itself buying back, at considerable expense, diagnostic tools, medical technologies and expertise, even when they have been created from freely exported NHS data.
It is not just the NHS that is at risk. The Bill, as it currently stands, says nothing about climate change, human rights or workers’ rights. We need to ensure that any Bill passed protects the employment rights or terms and conditions of employment for public sector employees and those working in publicly funded health or care sectors. Failure to protect our NHS will be yet another broken promise from Boris Johnson that insults us all, but particularly the sacrifices made by our wonderful NHS and care staff. Failing to protect our NHS will mean that instead of a pay rise and a stronger NHS, we will get more US companies profiteering from our ill health. However, it is not too late to put in place strong protections for our NHS, and I call on the Government to commit to protecting our health service so that it cannot be subjected to yet more privatisation through trade deals.
Order. Members might wonder why I am persistently calling those on the Opposition side of the House and no one on the Government side of the House. I will pre-empt a point of order by explaining that because of the rigid system that we are currently operating, when someone pulls out of speaking, I have no flexibility to go on to the next person on the other side of the House. Therefore, we will have another speaker from the Opposition—I call Navendu Mishra.
Thank you, Madam Deputy Speaker. With Britain heading out of the EU on 31 December, it appears that the Government are determined that everything must go in their post-Christmas sale, from food standards to our environmental commitments. This should be an opportunity to improve and strengthen existing trade deals and use them to provide an even better return for this country. Instead, we are faced with the prospect of everything being on the table and sold to the highest bidder, as President Trump stated on his visit to the UK last year. As we know from the leaked documents that the Labour party was able to obtain last year, the US is seeking full market access to even the jewel in Britain’s crown: the national health service—and that is just what we know from the papers that were not heavily redacted.
Food standards should be sacred. We do not want chlorine-washed chicken in a can or, for that matter, meat treated with growth hormones, or pork from animals that have been injected with drugs to make them leaner. We should also reject the long list of foods being produced in the United States by dangerous and cruel methods, regardless of whether higher taxes are applied to them, because even those tariffs will be scrapped within just 10 years, as the International Trade Secretary has stated, further enabling the US to secure comprehensive access to our food markets while at the same time achieving the ultimate goal of “reducing or eliminating tariffs”.
More than a million members of the public have signed a petition to protect food standards, but to date it appears that the Government have taken little notice. It is little wonder, therefore, that they are now facing the rebellion by their Back Benchers. There must be proper scrutiny of this process and Parliament should have a veto on any trade deal. Both this place and the other place should have a say over whether to approve any new deal that is agreed with any other country. Why should we leave ourselves at the mercy of the word of this Government, who cannot be trusted to deliver anything, without legislative guarantees and beholden to US food trade associations, which have enormous lobbying power and one goal in mind—profit? It should not be left to big business to challenge laws and regulations simply because they inhibit foreign investment.
Like human rights, the issue of climate change should be central to our future considerations of trade policy, but worryingly there is no mention of it in the Trade Bill, and the record for different countries, when it comes to environmental protections, is not suggested as a consideration in negotiating future trade agreements with them. New trade agreements must be compatible with our commitment to stop global warming passing the point of no return. We cannot simply trade away our commitments on climate change in pursuit of trade deals. Indeed, it should be quite the opposite: trade agreements should be used to improve environmental standards abroad and ensure that climate justice and fairness are at the heart of future trade deals. The Government must think again before selling their standards for a quick buck.
As three Government Back Benchers in a row have failed to appear in the Chamber, we will go straight to Carla Lockhart.
Thank you, Madam Deputy Speaker. It is vital that as we shape our future trade policy, we do it in a way that maximises the benefits of our new-found independence but does not sacrifice key industries in the UK. In the context of an economy facing the greatest challenges in my lifetime due to covid-19, we are certainly not in a place where we can sacrifice any industry, let alone the backbone of our economy: our agriculture industry.
It is not too long ago that the Agriculture Bill was debated in this House. In my contribution to that debate, I made clear the importance of protecting British farming and the high standards that it upholds in any future trade agreement. The opportunity to enshrine all that is good about our agriculture industry in that Bill was not taken at that time. That was deeply regrettable and caused much concern among my constituents.
In this Bill we have another opportunity—an opportunity to make it clear to the farmers and agri-food businesses that have been an essential component of the national effort against coronavirus that they will not be sacrificed in any future trade agreements. Indeed, we ought to be exploring how we can help the industry to thrive in coming years and to share in the benefits of life outside the EU. To do that, the fundamental building block is standards. In the context of our agriculture industry, future trade policy must respect the high production standards in terms of animal welfare and environmental protection to which our farmers adhere. We know that comes at considerable cost to local farmers and that overseas farmers have significant cost-of-production advantages due to lower regulatory requirements. In simple terms, if the UK market is flooded with substandard products, it will result in the demise of the industry.
To that end, the establishment of a trade and agriculture commission is very welcome, and I thank the Secretary of State for Northern Ireland for ensuring that the voice of Northern Ireland is heard on the commission by appointing Mr Victor Chestnutt, the incoming president of the Ulster Farmers Union. In addition to that forum, however, we need to ensure that Parliament has a strong voice and a meaningful say in the shape of future trade agreements in relation to mandating, negotiating principles and approval of any such deals. Our role should be proactive, not passive. That is why we support new clause 4. Parliament’s role must be enhanced ahead of negotiations; it should be for Parliament to scope out the critical negotiating objectives; to ensure that the interests of all parts of the UK are actively considered and prioritised, the devolved Administrations should also have a meaningful role.
We recognise the important provision the new clause makes for sustainability impact assessments, such as of environmental effect, the impact on animal welfare and health concerns. That ensures compliance with current—
Order. The hon. Lady has exceeded her time by quite a long way. I call Antony Higginbotham.
It is a pleasure to follow the hon. Member for Upper Bann (Carla Lockhart). Having spoken on Second Reading and been a member of the Public Bill Committee on the Bill, it is a pleasure to speak today. I intend to speak mainly about new clause 4, but first I want to say that it is worth the House remembering that this is a continuity Bill, designed to give confidence and continuity to the hundreds of thousands of businesses in this country that export to many, many countries, from Switzerland to South Korea to Chile, that they can continue to do so. I also want to voice my agreement with everything my hon. Friend the Member for Witney (Robert Courts) said about how many of the amendments tabled, particularly those to do with standards, are actually anti-trade measures that will do nothing to support our exporters and everything to kill off trade.
In relation to new clause 4, it is important that we remember and that our constituents are aware that Members of Parliament already have and will continue to have the ability to scrutinise international treaties that the Government negotiate. The Constitutional Reform and Governance Act gives all Members of Parliament those powers, so under the law as it already stands, if we are not happy with the contents of an international treaty, it will not be ratified. Also, I cannot subscribe to the view that Parliament needs to be more involved in negotiations, because I, like all of my constituents in Burnley and Padiham, watched the scenes in this place not that long ago when Parliament tried to be involved in negotiations, and instead of helping, it hindered them. This place was paralysed and the country was paralysed. Votes held on options were not helpful at all. I do not want to see that happen again, and in December my constituents voted to end the paralysis and embrace the new opportunities that are available to us.
When we were a member of the European Union, no MP in this place was involved in trade agreements, but since January the Secretary of State for International Trade and all her ministerial team have made sure that we are involved, with consultations on the parameters of free trade agreements and objectives published in advanced. Members of this House have engaged not just through parliamentary questions but directly. I have been able to speak to Ministers about the objectives we have, the benefits they will bring to my constituents and where my concerns are, and I have every intention of continuing to do so.
I will support this Bill and vote against the amendments. We need to embrace the opportunities and move with speed if we are going to embrace the new world.
Baroness Laing of Elderslie
Main Page: Baroness Laing of Elderslie (Conservative - Life peer)Department Debates - View all Baroness Laing of Elderslie's debates with the Department for International Trade
(3 years, 7 months ago)
Commons ChamberI must draw the House’s attention to the fact that financial privilege is engaged by Lords amendment 11. If the Lords amendment engaging financial privilege is agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.
After Clause 2
Parliamentary approval of trade agreements
I beg to move, That this House disagrees with Lords amendment 1.
With this it will be convenient to discuss the following:
Lords amendment 2, and Government motion to disagree.
Lords amendment 3, Government motion to disagree, and amendment (a) in lieu.
Lords amendment 4, and Government motion to disagree.
Lords amendment 5, and Government motion to disagree.
Lords amendment 6, and Government motion to disagree.
Lords amendment 7, and Government motion to disagree.
Lords amendment 8, and Government motion to disagree.
Lords amendment 9, and Government amendments (a) and (b) thereto.
Lords amendment 10, and Government amendment (a) thereto.
Lords amendments 11 to 31.
This Bill marks a significant milestone. Its passage into law will have numerous benefits for the UK economy: giving certainty to business with regard to our continuity trade agreements; confirming the UK’s access to the global procurement markets; providing protection to businesses and consumers from unfair trading practices; and ensuring that we have the appropriate data to support our exporters and importers. This Bill has enjoyed rigorous parliamentary scrutiny, having been through many of its parliamentary stages twice, and I am delighted to finally see it reach this stage. I am sure it will soon be passed into law, to the satisfaction of all.
I will speak to each amendment in turn, beginning with Lords amendment 1, which is in the name of Liberal Democrat peer Lord Purvis. With our new-found freedom, it is right that Parliament should be able to scrutinise effectively the UK Government’s ambitious free trade agreement programme. However, Lords amendment 1 goes far beyond what would be appropriate for our unique constitutional make-up and would unduly tie the hands of Government to negotiate in the best interests of the UK. The Government have listened to the concerns of both Houses throughout the passage of this Bill and have moved significantly to improve further its enhanced transparency and scrutiny arrangements.
Is not the situation at the moment that, effectively, the amount of scrutiny provided is at the whim of the Executive? If they want to give us hundreds of pages of Bill the day before we have to sign, they can do that. If they want to give another country a month for scrutiny, as with Japan, but us no time at all, they can do that. We need a system here.
Order. I do not think we should go much further down this line. I have 59 Back-Bench Members who wish to participate in this scrutiny now, so let us not go down the rabbit hole of scrutiny but stick to the purpose of the amendments before us.
I am grateful, Madam Deputy Speaker. My argument is simply that the scrutiny amendment among these amendments is perhaps the most important, because if Parliament could be allowed scrutiny, we would not focus on other particular issues, because we would know that, in the end, Parliament could make the decision. I would find it particularly astonishing if any Government Minister or Whip is able to look their colleagues in the face and ask them to vote down the amendments on parliamentary scrutiny of trade deals after the shambles we saw in December with the supposed scrutiny of the new continuity agreements—10 deals that were agreed too late to complete the 21-day ratification process before they came into force.
The Minister is an intelligent man, and I am surprised that he is so uninformed. Four of those deals were finally laid before Parliament on the afternoon of new year’s eve, just a few hours before they took effect. The deal with Cameroon has still not been laid before Parliament, almost three weeks after it came into force. Needless to say, there was not a single word of parliamentary debate about any of those 10 agreements before they took effect, let alone any suggestion of parliamentary approval. The very fact that it is possible for all that to happen without falling foul of the Constitutional Reform and Governance Act is all the evidence we should need that the procedures set out in CRaG for the scrutiny of the Government’s trade deals are simply not up to the job.
The Government might make the argument that, since those 10 deals in December did not sell any NHS data or alter our standards on food hygiene, their agreement does not make the case for the amendments I mention or for new levels of parliamentary scrutiny. However, that brings me to the issue of human rights. What happened in December makes an incontrovertible case for Lords amendments 2 and 3, on human rights, and 1 and 5, on parliamentary scrutiny.
It is understandable and right that many Members will focus their contributions on the situation in China and the plight of the Uyghur people. We have all read with horror the first-hand accounts of torture and extrajudicial killings, mass incarceration in detention camps, forced sterilisation and abortions, servitude and slave labour. It shames the world that this is happening in our lifetime and it disgraces the Government of China. It is absolutely right that if a UK trade deal with Beijing is proposed or agreed, representatives of the Uyghur community should be able to seek a ruling from the High Court that the crimes they face in China meet the criteria for a charge of genocide, in turn requiring the UK Government to consider revoking that trade deal. When the Minister has an opportunity to look at the compromise amendment, as it has been called, he will see that that is what is being suggested.
There have been various arguments by Ministers as to why the proposed genocide amendment is neither appropriate nor necessary. I will deal with one of those in particular. It has already been suggested that no trade deal with China is imminent, and so measures to block such a deal are premature—a point well made, Members may think. However, the problem is that it cannot be squared with the fact that both the UK and China have to different degrees announced their plans to consider joining the comprehensive and progressive agreement for trans-Pacific partnership, the trans-Pacific trade partnership.
If the Government cannot guarantee, first, that they will beat China to the punch, and secondly, that they will be given veto power over any future bid by China for membership, I am afraid that the right hon. Gentleman is not in a position to guarantee to Members of the House that a trade deal with China is not on the horizon, because in the shape of CPTPP it most obviously is. That was why I was trying to intervene on the right hon. Gentleman—to see what his answer was. I would be happy to give way again, or perhaps he can answer at the end of the debate.
That dispute about the potential timing of any China deal raises a very important issue, which I hope all supporters of the genocide amendment will consider very seriously. During this debate on trade and human rights, and the surrounding media coverage, it would be very easy to tell ourselves that this is a discussion entirely about China, and therefore entirely about deals that might or might not take place in the future. The reality is that it should, and it must, also be a debate about the deals that the Government have done this month, and the deals that they are openly planning to do in the next two years, because anyone who cares deeply about the human rights of China must also have deep concerns about the records of Egypt, Turkey and Cameroon or Saudi Arabia, Bahrain and Brazil. That is why Lords amendment 3 demands that before the Government negotiate and sign such trade deals in future, they should present Parliament with a report on the human rights record in each country in question and allow Parliament to take that into account during the process of scrutiny and approval.
Let me give the House one example of why Lords amendment 3 is required. Just five days before the US Senate was attacked, it came together to approve a resolution co-sponsored by 20 senators from both parties, from Marco Rubio to Cory Brooker. It was about the brutal campaign of subjugation by the French-speaking Government in Cameroon against the country’s English-speaking minority. The Senate resolution condemned with great force the atrocities committed by the Anglophone separatist militias, and it speaks with equal power about the actions of the Cameroon Government, including “torture, sexual abuse,”
massacres and
“burning of villages, the use of live ammunition against protestors, arbitrary arrest and”
unlawful
“detention…enforced disappearances, deaths in custody,”
attacks on journalists and the regular killing of
“civilians, including women, children and the elderly”.
The Senate resolution noted approvingly that, exactly one year before, the Office of the United States Trade Representative—remember, this was Donald Trump’s trade representative, the direct counterpart of the Secretary of State for International Trade—had terminated Cameroon’s access to preferential trade rights due to
“persistent gross violations of internationally recognized human rights.”
Finally, in that same spirit, the Senate resolution urged members of the international community to join the United States in a strategic collective effort to put pressure on the Government of Cameroon, including through “the use of” all
“available diplomatic and punitive tools”.
I have quoted that Senate resolution at length because I believe that we must ask ourselves what on earth those senators would think if they knew that on that very same day, when they were unanimously passing those strong words of condemnation towards the Government of Cameroon and urging the international community to join them, here in the United Kingdom we were bringing into effect a brand-new continuity trade agreement with Cameroon—a trade deal that was agreed by Ministers apparently with no consideration, and clearly no concern, for the persistent gross violations of international human rights that are taking place inside Cameron; a trade deal that none of us in this House bar Ministers have even been allowed to read, let alone debate or approve; and a trade deal that may or may not contain provisions on human rights, but until the Government finally decide to publish it, we the elected Members of this Parliament simply cannot know. I hope that Members on both sides of the House will keep the example of Cameroon in mind, and consider the words of the US Senate and the actions of the US trade representative, when judging how to vote later.
We all know that on occasions such as this when amendments are up for debate, Ministers will try to persuade us that they do not disagree with the good intentions behind them, but they just do not think that they are really required. However, if that is what Ministers say today in relation to Lords amendments 2 and 3 on human rights, or Lords amendments 1 and 5 on parliamentary scrutiny, I only ask Members to remember Cameroon: a trade deal done with a regime that is slaughtering women and children just because they live in English-speaking towns; a trade deal done in the face of the US Senate on the same day that it called for international support; and a trade deal that, incredibly, has still not been laid before Parliament, almost three weeks after it came into force.
I urge all Members to think about the Cameroon deal and how little consideration Ministers gave either to human rights or to the rights of this Parliament when they decided to sign it. Finally, I urge Members to ask themselves and their conscience whether they accept what those same Ministers are saying when they go through the amendments before us today and tell us, “They’re not really required.”
I had hoped that we might manage at least the first part of this consideration without a formal time limit, but I will have to impose a time limit initially of six minutes, at the absolute outside—in the hope that Members will take less time than that.
It is a privilege to speak in this debate. I am conscious that time is tight, so I am going to try to make my points as quickly as possible. I rise to speak in support of Lords amendment 3, and in particular to support and speak to amendment (a) in lieu of Lords amendment 3 standing in my name and the names of my colleagues, as set out on the amendment paper. Amendment (a), by the way, has been in the hands of the Government now for over a week, and I put it on record that I have had no calls back or contact, but maybe that is going to change.
Let me turn to the reasons behind Lords amendment 3. The Lords tabled this amendment because it would enable the courts in the UK to make an advisory—I stress, advisory—preliminary genocide judgment for Governments to consider when signing trade deals with states accused of committing genocide. The amendment provides a sound legal basis for the Government to engage in obligations under the convention on the prevention and punishment of the crime of genocide in a way that is consistent, frankly, with the long-standing UK policy on genocide. After all, we were founder signers of the original charter, which bound the UK Government and all Governments to implement that charter in their own rights, rather than simply leaving it to the International Criminal Court.
The amendment is necessary because, as we have all seen, existing international mechanisms have, frankly, failed: in the UN, any reference to the ICC that is not agreed to by particularly intolerant states is immediately vetoed. The amendment would open perhaps the most important thing that has gone missing: the ability for victims of alleged genocide to see justice. That would include ethnic and religious minorities, such as those in China’s Xinjiang Uyghur region, maybe even the Rohingya Muslims in Myanmar and others. My point is that the amendment would bring that back to the UK courts.
The amendment is very important, as it deals with the UK’s independent trade policy—for the last 50 years, we have not had control; now we have left the European Union and have control—and would allow the UK courts, when a trade arrangement is being negotiated or taking place, to determine on a preliminary basis whether genocide has occurred in the country that we are supposing to strike that trade arrangement with at that particular time. Let me say that this is in regard to free trade arrangements; it does not really cover bilaterals.
The amendment is needed because Uyghurs and victims of alleged genocide have been denied justice for many years. As the right hon. Member for Islington South and Finsbury (Emily Thornberry) said, these are people at the moment—there are others as well—who have been pushed into slave labour, have had sterilisation forced on them and whose population has shrunk by some 85%, and that country is exporting trade goods produced by slave labour. It is quite clear to me, but I am not able to say so, that this has all the hallmarks of genocide. I am not able to say so, because at the end of the day we all agree that the courts have to make that decision. It is not for individual politicians to do so.
Because I believe that the high court of Parliament is the appropriate place to do that. Parliament can apply sanctions where it believes they are justified. Our new legislation allows us to do that.
I believe that setting a political precedent to make a political case is bad practice. If Parliament wants to take action against China or any other country, on behalf of those who they believe have been partially, unfairly or violently dealt with, the best route is to try to pressure the UK Government to take those measures. The Lords amendments being put forward today for the very best reasons are the very worst practice. That is a good reason for Parliament to reject them.
Before I call the next hon. Member, I give notice that the time limit will be reduced to four minutes after the Chairman of the Select Committee, the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil). We have three more colleagues on six minutes; thereafter, four minutes. I call Shabana Mahmood.
I wish to speak in support of Lords amendment 3, known as the genocide amendment, moved by Lord Alton in the other place, which deals with trade agreements made with states accused of committing genocide. I associate myself with the remarks made by my right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry), the shadow Secretary of State for International Trade, on that amendment and on the human rights situation more generally.
I am grateful for the cross-party efforts that led to the addition of the amendment to the Bill; I hope that another cross-party effort in this House will be successful today. I note the comments the Minister made in opening the debate today. They follow the position taken by the Foreign Secretary when he made a statement to the House on forced labour supply chains last week. The approach taken by the Government is dispiriting and deeply disappointing. If the Government prevail today, I believe they will come to regret it.
The amendment will, first, send a clear signal about the absolute basic threshold that must be crossed before we strike trade deals around the world, and about the sorts of people, countries and regimes that we will do business with. Not being a genocidal state should be the absolute minimum requirement that all of us in this House should be able to sign up to. It would enable the UK courts to make what is, in effect, an advisory preliminary determination of genocide for the Government to consider when they are signing trade deals with states accused of committing genocide.
The Government say that genocide determination is a matter for judges, not politicians. That is the long-standing position of UK Governments of all political persuasions. The amendment would provide the only viable legal route to have a genocide determination made by judges.
That is why the remarks made by the former Secretary of State for International Trade, the right hon. Member for North Somerset (Dr Fox), just a few moments ago, are entirely wrong. When we talk about genocide, it has to be a determination made by judges in a legal context. The problem is that at the moment the international legal system—the routes provided by the United Nations and international treaties—are, frankly, a busted flush. Something is needed to break the cycle of inaction and ineffectiveness. We are awash with warm words that simply do not change the situation on the ground. All we are currently laying the ground for is an after-the-fact statement of sorrow when genocide has occurred. The world keeps saying, “Never again” in relation to genocide, yet it occurs with shocking, depressing regularity.
China is, of course, the most striking example of the failures of the international system. The Government recognise and condemn the actions of the Chinese regime against the Uyghur people in Xinjiang. Mountains of evidence exist about forced sterilisation, mass detentions, slave labour and the destruction of culture and heritage. To my mind, a genocide is being perpetrated by the Chinese regime against the Uyghur people, but of course that requires a legal determination in a court to have legal force, rather than simply political and moral force.
Every international legal route is blocked by the Chinese Government—China has a veto. It has a majority on the UN Human Rights Council and is not a party to the International Criminal Court. The amendment provides a mechanism for the UK High Court to make a preliminary determination in the context of a trade agreement. If the UK High Court rules that the extremely high evidential bar for the crime of genocide is satisfied, its judgment will be available for the Government to consider.
Perpetrators of genocide should not be rewarded. They must know that actions have consequences, and an increasingly belligerent China needs to see that the British Government will not simply stand by and watch, impotent and unable to do anything whatsoever. The modest import and export restrictions linked to forced labour abuses that were made by the Government last week are welcome, but they do not deal with the specific charge of genocide, so I am afraid that that action, although it is welcome and although it was taken by the Government only last week, cannot get them off the hook on agreeing with the amendment today.
The amendment does not give the courts too much power. It is supported by eminent lawyers in the other place who have dealt with the issues around the separation of powers far better than I can in the short time available to me. In any case, if the Government agree that genocide determination is a matter for judges, the fact that at the moment their position amounts to saying that they will go along with a genocide determination made by international judges through the international system, but not one made by our own High Court, to my mind, simply does not stand up.
The amendment does not prevent the international legal system from kicking into action, although frankly that seems impossible at this point. In any case, it is a preliminary determination. It would enable the word “genocide” to be used credibly in a legal sense and I simply do not buy the idea that the courts would be swamped with vexatious claims. They can, will and regularly do dismiss claims that lack minimum standards of evidence. I say to the Minister that, if the amendment still does not work for the Government, they should have considered compromise amendments and efforts to reach compromise offered by Members from their own Benches, which I agree with and support. They say we have no trade agreement with China. We do not have an FTA with China, but we have other bilateral trade agreements with China, such as the UK-China bilateral trade and investment treaty. Others could be made.
Genocide is described as the crime above all crimes. Surely we can all agree in this House today that it must be the minimum starting point for the conditions we will place on whom we will trade with. I urge the Government to change course and accept the amendment today.