Australia and New Zealand Trade Deals

George Eustice Excerpts

Monday 14th November 2022 Commons Chamber

[George Eustice (Camborne and Redruth) (Con)]

The current Secretary of State for International Trade had no role in the discussions on these deals, although my right hon. Friend the Minister for Trade Policy did and will recall some of them. The Secretary of State was not in the Cabinet at the time, nor in any of the Cabinet Committees, while the Minister has defended the position that was taken at the time.

My position is obviously slightly different: I was in the Cabinet in 2021 and I was on the Cabinet Sub-Committee that argued over the Australian trade deal—for, yes, there were deep arguments and differences about how we should approach it—but since I now enjoy the freedom of the Back Benches, I no longer have to put such a positive gloss on what was agreed. I hope my right hon. Friend will understand my reason for doing this, which is that unless we recognise the failures the Department for International Trade made during the Australia negotiations, we will not be able to learn the lessons for future negotiations. There are critical negotiations under way right now, notably on the CPTPP and on Canada, and it is essential that the Department does not repeat the mistakes it made.

The first step is to recognise that the Australia trade deal is not actually a very good deal for the UK, which was not for lack of trying on my part. Indeed, as my right hon. Friend pointed out, there were things that we achieved, such as a special agricultural safeguard for years 10 to 15, staged liberalisation across the first decade and the protection of British sovereignty in sanitary and phytosanitary issues. It is no surprise that many of these areas were negotiated either exclusively or predominantly by the Department for Environment, Food and Rural Affairs on behalf of the UK team, but it has to be said that, overall, the truth of the matter is that the UK gave away far too much for far too little in return.

What would a good agreement have looked like? It would have been one having enduring TRQs on beef in particular, but probably also for sheep. The volumes would probably have started at about 10,000 tonnes per annum, raising after a decade to about 60,000 tonnes or perhaps 80,000 tonnes, which could have been manageable. We did not need to give Australia or New Zealand full liberalisation in beef and sheep—it was not in our economic interest to do so, and neither Australia nor New Zealand had anything to offer in return for such a grand concession. Let us not forget that, while we are about to open our market to unbridled access for Australian beef, Australia remains one of the few countries left in the world that maintains an absolute export ban for British beef. Not a single kilo of British beef can be sold in Australia since it maintains a protectionist ban, using the BSE—bovine spongiform encephalopathy—episode as a sham reason for doing so.

The impact of full liberalisation is hard to predict; the reality is that, provided we maintain a ban on hormones in beef, volumes might remain quite low, but here is the big challenge. The CPTPP negotiation that is under way could mean accession and agreement to new dispute resolution processes that will undermine the UK’s sovereignty in SPS issues and actually undermine our approach when it comes to banning hormones in beef. If some foreign court or foreign mediation process were to say as a matter of treaty that the UK had to accept beef from Australia treated with hormones, that could change the nature of this agreement considerably; volumes could rise significantly, perhaps to more than 200,000 tonnes over time, and that would have a very severe impact on British beef.

[Anthony Mangnall]

I may be wrong, but it is my understanding that CPTPP dispute mechanisms are through the World Trade Organisation, and I am not sure that the WTO, as it stands, can override any one of our SPS standards. Does my right hon. Friend agree?

[George Eustice]

The CPTPP has provisions for its own dispute resolution and they are modelled on what happens in the WTO, but here is the thing: if we do not get the negotiation right with CPTPP it might undermine our ability to practise our own SPS regime and have independence in this area.

If we were to have a significant increase in Australian beef, because we had been forced by a court or a dispute resolution service to allow hormones in beef—and there have been close challenges in the past, through the WTO—that would be intolerable for any British Government. The Government of the day would probably have to trigger article 32.8 of the agreement and give six months’ notice to terminate the FTA. In my view the best clause in our treaty with Australia is that final clause, because it gives any UK Government present or future an unbridled right to terminate and renegotiate the FTA at any time with just six months’ notice. Many Members will remember that we had hours of fun in the last Parliament discussing triggering article 50 of the treaty on European Union; I suspect we would prefer not to have to go back to that, but article 32.8 is the ultimate and final sanction, which, as things have turned out, is a critical safeguard given the size of the concessions made to Australia in the trade deal.

What lessons should we learn? First, and most important, we should not set arbitrary timescales for concluding negotiations. The UK went into this negotiation holding the strongest hand—holding all the best cards—but at some point in early summer 2021 the then Trade Secretary my right hon. Friend the Member for South West Norfolk (Elizabeth Truss) took a decision to set an arbitrary target to conclude heads of terms by the time of the G7 summit, and from that moment the UK was repeatedly on the back foot. In fact, at one point the then Trade Secretary asked her Australian opposite number what he would need in order to be able to conclude an agreement by the time of the G7. Of course, the Australian negotiator kindly set out the Australian terms, which eventually shaped the deal.

We must never repeat that mistake. The Minister and Secretary of State will currently be getting submissions from officials saying that we need to join the CPTPP in a hurry and that if we do not do so now we will not join the club early enough and will not be shaping the rules—they will be saying, “We might miss the boat, this is a crucial part of the Pacific tilt” and so on. But the best thing the Minister can do is go back and tell Crawford Falconer, “I don’t care if it takes a decade to do this agreement; we will get the right agreement—we will never again set the clock against ourselves and shatter our own negotiating position.”

The second lesson is that we must look at making a machinery of government change. I believe all responsibility for agrifood negotiations, including relating to tariff rate quotas, should be transferred from the Department for International Trade to the Department for Environment, Food and Rural Affairs, because DEFRA has superior technical knowledge in this area. It is important to remember that DEFRA never left the world stage; the DIT is a new creation with people often lacking experience but doing their best to pick things up, whereas even during the EU era DEFRA maintained a presence in trade negotiations, advising and informing the EU’s position and dealing with matters such as market access around the globe. DEFRA is worldly and has deep technical knowledge in this area and it should, therefore, take full responsibility for negotiating TRQs in agrifood.

The third change we must look at making is strengthening the role of Parliament in scrutinising and perhaps even agreeing the negotiating mandate. Countries such as Japan and the United States and the EU all use their parliamentary processes to their advantage. When we were negotiating with Japan and seeking to increase access for British cheese, I remember Japan said, “We would love to, but unfortunately we can’t because there is a parliamentary motion that we cannot breach. Therefore, we cannot retreat on this position.” The UK does not have that. We could use Parliament and a mandate agreed by Parliament to say to trading partners, “We’re not able to agree to what you’re asking for.” However, if they perceive that Crawford Falconer calls the shots and that he will always go through some back channel to get something agreed, we will not be in a strong position and our negotiating position will be undermined.

That brings me to my final point. I have always been a huge fan of the British civil service; I was never a Minister or politician to level criticism at them. I enjoyed nine years of incredibly good relations with civil servants at all levels, but I do want to raise a comment about personnel within the Department for International Trade. Crawford Falconer, currently the interim permanent secretary, is not fit for that position, in my experience. His approach was always to internalise Australian demands, often when they were against UK interests, and his advice was invariably to retreat and make fresh concessions. All the while, he resented people who had a greater understanding of technical issues than he did. It was perhaps something of a surprise when he arrived from New Zealand to find that there were probably several hundred civil servants in the UK civil service who understood trade better than he did, and he has not been good, over the years, at listening to them. He has now done that job for several years, and it would be a good opportunity for him to move on and for us to get a different type of negotiator in place—somebody who understands British interests better than he has been able to.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

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[Anthony Mangnall]

We have a trade and co-operation agreement, a free trade agreement, with the EU, which is important to note—and which the hon. Member voted against. We also have a significant amount of opportunity to welcome people. The whole point is about having control. If we are going to sign up to new relationships with countries around the world, we want to be able to do so through the Commonwealth and through countries that have shared ideas and views about the world, and we should welcome that.

A point was made by a Member from Wales, whose constituency I cannot remember off the top of my head, about our inability to bid into Australian government contracts. I am afraid to say that that is incorrect. Within the terms of the Australian trade agreement, businesses in the UK will be able to bid into Australian government contracts worth up to £10 billion a year. That is the most extensive expansion the Australians have ever agreed in any free trade agreement in the world.

On the point about farming, I bow to the knowledge and experience of the former Secretary of State for Environment, Food and Rural Affairs, my right hon. Friend the Member for Camborne and Redruth (George Eustice), but I was surprised that we did not hear more about the Trade and Agriculture Commission that we set up. I hope that that might be the vehicle by which we can ensure better scrutiny, and better enhancements and support for farming. We need to look at that issue. We have certainly had extensive negotiations in the Trade Committee about how we can use that.

[George Eustice]

Does my hon. Friend agree that, if we were to try to strengthen the Trade and Agriculture Commission, the right thing to do would be to move it within the Department for Environment, Food and Rural Affairs and away from the Department for International Trade, so that it could have access to the technical knowledge and expertise that it said was denied it in the first assessment?

[Anthony Mangnall]

I will be in such dangerous territory if I give a straight answer to that—I am looking to see whether the Whip is behind me. I might say that there is significant expertise on the Trade and Agriculture Commission already and it is not for me to discuss how it is structured and in which Department. However, the issue was rightly raised by the former Chairman of the Environment, Food and Rural Affairs Committee and it gave a lot of hope to many Members with rural constituencies. We should use that Committee, and I know the Government take it seriously when it produces its reports.

We talk at great length about the flow of people, ideas and goods when it comes to the CPTPP. In these fractured and difficult times, it offers huge benefits: a significant opportunity to ensure that we can strengthen our relations in the Asia-Pacific, encourage the diversification of supply chains away from China and encourage greater trading between those countries that share like-minded ideas.

I could go on for a lot longer about the New Zealand agreement, but I will touch on just a couple of things briefly. Not many Members in this debate have mentioned the huge benefits that have been secured in digital trade. If we want to see where the United Kingdom has really led the world, just look at the benchmarking of what has happened in the UK-Singapore digital trade agreement. The terms in the New Zealand agreement are truly extensive. They will make an enormous difference to countries around the world, and perhaps an enormous difference to CPTPP, which may end up using those terms.

On the environment, some Members have said that perhaps Australia has lower standards. I do not look forward to the moment when Nicola Sturgeon goes on one of her ridiculous trade missions to Australia, after hearing the comments of the hon. Member for Inverness, Nairn, Badenoch and Strathspey about Australia and its standards. The New Zealand trade agreement is the first environmentally ground-breaking agreement in a free trade deal anywhere in the world, yet not a single Opposition Member has mentioned that.

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[Gareth Thomas (Harrow West) (Lab/Co-op)]

After a decade of economic mismanagement, with the chaos at the top of the Conservative party and the kamikaze Budget backed so enthusiastically by so many Government Members, and with so many entrepreneurs worried for the future of their businesses, millions facing rising energy bills, weekly shops shooting up in price and rocketing mortgage costs, it was striking that there was not one word of apology in the opening speech from the Minister on the Front Bench, the right hon. Member for Chelsea and Fulham (Greg Hands).

This has none the less been a fascinating debate, not least for the contribution of the right hon. Member for Camborne and Redruth (George Eustice), who made a powerful and devastating speech that blew away the bluster and complacency that has characterised Ministers’ descriptions of the benefits of the Australia free trade agreement. He said that it was

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

and that Ministers had given away

“far too much for far too little”.

He underlined those criticisms by going on to point out that unless we recognise the failures of the Department for International Trade, we will not learn the lessons necessary for negotiations with other countries over other free trade agreements, such as, importantly, the CPTPP accession discussions. He rightly noted, as many others did—I will come back to the contributions of others—the weaknesses of the scrutiny process and crucially how it weakens the hand of British negotiators, which is a point we made during the passage of the Trade Bill back in 2020.

We on the Opposition Benches will table amendments on Report of the Trade (Australia and New Zealand) Bill to reflect some of those concerns and to give the House the opportunity to begin to put right some of the weaknesses in the CRaG process.

[George Eustice]

In my contribution, I also pointed out that article 32.8 was a very strong clause in the agreement. It gives any British Government the unbridled right to terminate and renegotiate this agreement at any future point. Can the hon. Member say whether it is his party’s position to trigger article 32.8 and renegotiate the agreement?

[Gareth Thomas]

We will always want to get a better deal and to seek better trading links between our country and Australia, and I will come on to that point a little further on in my speech.

Let me reiterate that this debate is happening only because all sides of the House have voiced consistent frustration with the failure to have proper scrutiny of the Australia free trade agreement in particular. That point was made by my hon. Friend the Member for Rochdale (Tony Lloyd), my right hon. Friend the Member for Warley (John Spellar) and my hon. Friend the Member for Brighton, Kemptown (Lloyd Russell-Moyle), as well as by the hon. Members for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry), for Totnes (Anthony Mangnall), for Chesham and Amersham (Sarah Green) and for Tiverton and Honiton (Richard Foord).

Back in 2020, the Minister of State, the right hon. Member for Chelsea and Fulham, who is not in his place, said “Watch my lips” in the Trade Bill Committee as he opposed more robust scrutiny rules. His approach was one of, “You can trust us to give Parliament proper opportunities for scrutiny.” Not surprisingly, his assurances quickly turned to dust. The previous Secretary of State, the right hon. Member for Berwick-upon-Tweed (Anne-Marie Trevelyan), ducked scrutiny by the International Trade Committee eight separate times. The Government, as my right hon. Friend the Member for Torfaen (Nick Thomas-Symonds) set out in his opening remarks, triggered the scrutiny period of 21 sitting days for the Australia FTA before the International Trade Committee had even had the chance to publish its assessment, and despite Ministers regularly assuring us that this would not happen.

We know, too, that the last Secretary of State was not alone in wanting to avoid tough questions. The architect of the deal, the right hon. Member for South West Norfolk (Elizabeth Truss), cancelled meetings with farmers during her leadership campaign to avoid feeling their wrath about the deal she had negotiated. Let me reiterate that we support increasing trade with Australia and New Zealand. With two progressive Labour Governments, who would not want to support stronger ties with both? They are crucial allies and our ties have always been deep. We share security interests, and our culture and values are similar—enhancing our partnerships with both is only to be welcomed.

As my right hon. Friend the Member for Warley underlined, free trade agreements carefully negotiated can open up new opportunities for British business, creating jobs for our constituents and generating vital tax revenues to fund our public services. Well-negotiated FTAs open new routes for supply chains, create better access to crucial raw materials and encourage innovation, but they are not zero-sum games. Time after time, Minister have failed to be open and honest about which parts of the economy will benefit under their negotiating priorities and which will not.

Under the previous Labour government, trade grew by 10% and exports almost doubled. After 12 years of the Conservatives, trade has grown by just 3% and growth in UK exports is lagging behind virtually every other major nation. We and, given the widespread concern, the country expected better than Ministers delivered on these FTAs. Ministers do not get a free pass. These deals have gradually exposed a Department for International Trade whose Ministers have lost sight of what is best for Britain.

Exports are fundamental to delivering economic growth and the good jobs that are crucial to tackling the cost of living crisis, yet Ministers pushed through cuts to business groups that support British exporters and prioritised Instagram photos on trade missions over meeting British businesses. We on the Opposition Benches hear time and again the frustration of British businesses, which note the greater help that other Governments give their businesses to export—a point that the former Exports Minister, the hon. Member for Finchley and Golders Green (Mike Freer), made this summer. During the recent evidence sessions of the Trade (Australia and New Zealand) Bill Committee, business bodies repeatedly raised their concerns. To underline those concerns, figures for Germany, one of our biggest export markets, from January to September this year, compared with the same period in 2019, show a 27% increase in US exports to Germany, a 23% increase in EU exports, and just a 2% increase in British exports.

Instead of addressing those concerns and others about the FTAs, Ministers were busy attacking each other. Even for a Conservative party as disunited as this one, it was a new low when the previous Secretary of State for International Trade toured the TV studios accusing the then Minister of State for International Trade, the right hon. Member for Portsmouth North (Penny Mordaunt), of being lazy and not up to the job. We can only hope that the new ministerial team is willing to learn lessons from how these recent trade deals have been negotiated.

I have to say, however, that the opening speech was not encouraging. It was a speech that Arthur Daley would have been proud of at his best. Apparently the greatest deal in Britain’s trading history has been secured against all the odds, yet the reality is that the New Zealand FTA will increase our GDP by just 0.03% and the Australian one by just 0.08%. Given the Conservative Government’s disastrous handling of the economy, any help to improve our chances of economic growth is welcome. In particular, progress on digital trade, locking in customs and trade facilitation arrangements that minimise paperwork and the somewhat easier rules of origin for manufacturing goods, notably car parts, are welcome.

The sad truth, however, is that in the rush to get a deal—any deal—signed with Australia, Ministers did not push crucial British interests. Once again, the interests of the Conservative party took priority over the needs of the British people. The National Farmers Union said that the deal does “little for farmers” and

“simply opens up UK markets for Australian produce, whether or not produced to the same standards that are legally required of UK farmers”,

and that

“the UK government has missed the opportunity to reach a genuinely innovative and world-class FTA with Australia”.

The huge giveaway to Australian farmers led Australian negotiators to boast of their success. It is as if Ministers have turned their backs on rural communities and decided that farmers did not matter in these negotiations. There is little on labour rights, even less on human rights and, as my right hon. Friend the Member for Torfaen, the hon. Member for Inverness, Nairn, Badenoch and Strathspey and others have pointed out, little on climate change.

The Opposition have been struggling to find things to praise the new Prime Minister for. After all, his is far from an impressive record: billions of pounds-worth of fraud on his watch as Chancellor, and huge tax rises and cuts to public services coming. However, his argument that the Australia deal was one-sided might briefly risk some consensus across the House.

There were other points of detail that Ministers did not bother to prioritise getting right. There is nothing substantive on securing protection for great British brands such as Whitstable oysters, Scotch whisky and Cornish pasties. On steel, the rules of origin that Ministers agreed mean that unlike most modern FTAs, Britain cannot import semi-finished project, roll it in the UK and export it tariff-free to Australia, making it harder for steel made in Britain to be sold to Australia. All the while, there are no similar restrictions on Australian steel entering our markets.

As we heard from the right hon. Member for Camborne and Redruth and many other Members across the House, this deal could have been much better and Ministers need to learn the lessons from these FTA negotiations.

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[Andrew Bowie]

In my 1,900 square mile rural constituency I have regular interactions with farmers—probably far more than the hon. Lady has in her Edinburgh North and Leith constituency. I will turn to the comments by the former EFRA Secretary in due course, but we will hear no more from the SNP on what is in the best interests of Scotland’s farmers.

Our trade deals balance open and free trade with protections for our farmers. As I have said, I have immense respect for my right hon. Friend the former Secretary of State for EFRA. I listened intently to his concerns about the trade deals, but I have to take issue with him and defend officials in the Department for International Trade, all of whom, without exception, are dedicated to bettering the trading relationships for this country. They all, without exception, have this country’s best interests at heart and are working day and night for this country.

I also point out that Australian and New Zealand beef and lamb suppliers are already working hard to satisfy demand from the booming Asia-Pacific markets on their doorstep. New Zealand already has a significant volume of tariff-free access for lamb to the UK market, but used less than half that quota in 2020. None the less, our deals include a range of protections that collectively allow us to apply higher tariffs to protect UK farmers for up to 20 years.

[George Eustice]

The Minister is absolutely right that, at the moment, New Zealand uses only about half the tariff rate quota available to it. That being the case, why would it have been such a big deal to require an enduring TRQ of Australia and New Zealand that was generous but within a fixed envelope?

[Andrew Bowie]

My right hon. Friend has an incredible amount of experience in this field. I would be happy to take up the issue with him outside the Chamber following the debate.

Our deals include a range of protections that allow us to apply higher tariffs to protect UK farmers, including tariff rate quotas for a number of sensitive agricultural products; specific additional protective measures for beef and lamb products, which will provide further tariff protections to our farmers; and a general bilateral safeguard mechanism that will allow the UK to increase tariffs or suspend their liberalisation for up to four years in the unlikely situation that the farming industry faces serious loss from increased agricultural imports. On top of all that, there is still the option of global safeguards under the WTO.

I will now turn to the points raised about environmental, animal welfare and food standards. I stress that we will never compromise on these critical protections—