Draft European Union (Definition of Treaties) (Economic Partnership Agreements and Trade Agreement) (Eastern and Southern Africa States, Southern African Development Community States, Ghana and Ecuador) Order 2018
George Hollingbery Excerpts(5 years, 6 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Trade Policy (George Hollingbery)
I beg to move,
That the Committee has considered the draft European Union (Definition of Treaties) (Economic Partnership Agreements and Trade Agreement) (Eastern and Southern Africa States, Southern African Development Community States, Ghana and Ecuador) Order 2018.
It is an enormous pleasure to be serving under your chairmanship today, Mr Betts. I have done so extensively in the past but not in recent times. I am delighted to be here today to debate the European Union economic partnership arrangements with Southern African Development Community states, the Eastern and Southern Africa states, and Ghana, as well as the accession of Ecuador to the EU-Andean free trade agreement.
The Government remain committed to supporting the EU’s ambitious trade agenda, including its development aspects. Trade is an important tool in the fight against poverty. Over the last few decades, around 1 billion people have been lifted out of poverty and international trade has played a significant part in that. I welcome the opportunity to set out why the Government support these EU agreements, which will bring benefits to partner countries and the UK.
Mr Pat McFadden (Wolverhampton South East) (Lab)
The Minister has opened by saying that the Government support the EU’s international trade objectives. Is not the very purpose of leaving the EU to divorce ourselves from those international trade objectives?
George Hollingbery
The right hon. Gentleman will know perfectly well that there are many motivations for leaving the EU, although we do not need to discuss those today. The Government are very keen that the free trade agreements that exist between the EU and third-party countries should be continued with as little change as possible. That is good for us, good for business and good for consumers.
By championing global free trade, we support economic development, which helps drive growth and jobs in a way that aid spending alone cannot. While the UK remains an EU member state, the Government remain committed to working with Parliament to ensure that is facilitated through scrutiny of EU trade agreements. This debate ensures that Parliament has the fullest opportunity to scrutinise the agreements.
I will first address the economic partnership agreements. The UK is a long-standing supporter of the EU’s EPA programme. EPAs are trade agreements with a development focus, which is not found in conventional free trade agreements. This House has already scrutinised and passed several other EPAs. EPAs take into account the socioeconomic circumstances of partner countries and provide for development co-operation and assistance. EPAs secure immediate, duty-free access to the EU for developing country products. In return, those countries liberalise their markets gradually by reducing duties on around 75% to 80% of imports over a period of up to 25 years. Trade liberalisation is therefore strongly asymmetric in favour of developing countries.
EPAs are of course negotiated agreements. They promote increased trade and investment by putting our trading relationships with African partners and others on a more equitable, mature and businesslike footing, supporting sustainable growth and poverty reduction. The EPAs we are considering today can deliver real benefits for manufacturers and farmers in developing countries and in the communities in which they operate. Specifically, the EPAs eliminate tariffs on processed and manufactured goods, allowing more of the product value chain in developing countries, and providing more opportunities for growth and skilled jobs where they are most needed.
The EPAs offer a more flexible and simpler set of rules of origin, so that in most cases, when a producer in one African, Caribbean and Pacific country uses inputs from another, they do not have to pay customs duties when they export their final product to the EU. Both the Southern African and the Eastern and Southern Africa EPAs contribute towards regional economic integration by joining up smaller markets, benefiting African exporters by boosting trade between neighbouring countries and regions. The EPAs provide development co-operation to help our African partners to address broader issues affecting trade, such as technical barriers to trade, labour rights, the environment and poor infrastructure or inefficient customs and border controls.
EPAs also bring advantages to EU businesses and consumers. They can help to promote the export of new products from African countries by providing EU businesses with key inputs and consumers with more choice, better quality and lower prices, including for beef from Botswana, wine from South Africa, bananas and cocoa from Ghana, and fish from Mauritius. Over their lifetime, the agreements will bring new opportunities for UK exporters as EPA partners gradually liberalise their economies. We estimate that UK exports to the Southern African EPA states will increase by £35 million by 2035 and that imports will increase by £37 million.
Let me turn to South America. Ecuador’s accession to the EU-Andean agreement is estimated to be worth £37 million annually to UK GDP in the long run. UK imports are due to grow, especially in important commodities such as fruit and vegetables, which could mean that consumers benefit from lower prices and businesses benefit from reduced input costs. UK exports will also increase; indeed, the impact assessment suggests that they have already increased since the agreement’s provisional application to Ecuador in early 2017.
The EU-Andean agreement covering Peru and Colombia has delivered demonstrable benefits to businesses and consumers, as outlined in the EU’s annual reports. I am confident that the benefits of the FTA can be enjoyed by importers and exporters of any size. British business will be free to tap into the Ecuadorian market with even greater ease, benefiting from greater access across a range of service sectors and the Government procurement market, and from the removal of remaining tariffs in key industries, including chemicals, textiles and telecoms.
Although it is not the subject of this debate, it is important to say that as well as ratifying the agreements, the Government seek a seamless transition to replicate their effects and ensure continuity when we leave the EU. Under the terms of the draft withdrawal agreement, the UK is to be treated as a member state for the purposes of international agreements for the duration of the intended implementation period. That would provide certainty and confidence that, as we move into the implementation period, there will be no disruption to existing relationships underpinned by international agreements. However, the Government continue to plan for a range of possible scenarios to maintain existing trade relationships after our exit from the EU. We therefore continue to work towards bilateral agreements to ensure continuity in all circumstances.
We are making good progress on ensuring continuity for the SADC, ESA and Ghana EPAs. The process involves making only those technical changes that are necessary to ensure that our new agreements are operable after we leave the EU. That will include replicating the effects of provisions within the EPAs that refer to the EU-ACP Cotonou agreement, but it will not mean replicating the whole Cotonou agreement.
Our partners have broadly welcomed our approach and are keen to work towards a lasting set of agreements with the United Kingdom. For example, on 28 August in Cape Town, I signed a joint statement with Botswana’s trade Minister, Ms Kenewendo, to confirm that trade agreements between the UK, the five Southern African Customs Union countries and Mozambique will be ready to come into force as soon as the EU EPA ceases to apply to the UK.
Likewise, the EU-Andean agreement, now including Ecuador, will apply to the UK during the implementation period. Of course, the Government continue to work towards new bilateral arrangements with the Andean community that would ensure continuity of the effects of the EU-Andean FTA in any event, via a straightforward technical process.
I further note the successful visit of my colleague Baroness Fairhead to Peru and Colombia over the summer, and the UK’s presence—in the form of the Prime Minister’s trade envoy, my hon. Friend the Member for Fylde—at the inauguration of the new Colombian President, President Duque. I hope my pronunciation is correct.
George Hollingbery
I thank my hon. Friend. We look forward to strengthening our ties to those nations through our independent trade policy.
Our consideration of the EU EPAs gives us the opportunity to demonstrate the UK’s strong commitment to ensuring that developing countries can reduce poverty through trade. Agreement to the draft order will also ensure that the benefits of the EU-Andean free trade agreement continue to be enjoyed by importers, exporters and consumers in Ecuador and the UK. These agreements are in the interest of the UK, the wider EU and our partner countries in Africa and South America. I urge hon. Members to support the motion, in order to move those agreements one step further towards ratification.
George Hollingbery
I will try to take the points made by the hon. Member for Sefton Central in order; I will be brief on some and perhaps develop a couple a little further, but hon. Members present should be confident that I will not take forever.
First, the hon. Gentleman stated that he felt the Trade Bill prevents us from discussing these issues any further, but that is absolutely not the case. Clause 2 of the Trade Bill was considerably amended on Report in the Commons, which means there is now very full discussion of any changes that are to be enacted by statutory instrument. Indeed, a report will be produced on the effects and changes in any free trade deal that is transitioned.
During the debate on the affirmative instruments, there will be a supporting explanatory memorandum, which will point to exactly the changes identified in the report that have been made by that statutory instrument. Therefore, the House has every right, every ability and every chance to debate those changes, and no doubt will do so.
The hon. Gentleman said that it was entirely for the Secretary of State to decide whether something is ratified. For the same reasons, that is absolutely not true. The House will have any number of opportunities to debate all the small changes, or even larger changes—we hope very much there will be no larger changes—in these transitioned agreements. He asserted that EPAs have been agreed under pressure.
Bill Esterson
The process that the House will be able to use is to delay, using the Constitutional Reform and Governance Act 2010. The House cannot amend the agreements, can it—unless the Minister is telling me that the Government will table further amendments to the Trade Bill in the Lords?
George Hollingbery
As the hon. Gentleman will know, the House can actually delay indefinitely through the CRAGA process, but if it decides not to pass essential modifications that enact the practical legislative effects of any agreement, it will make that agreement difficult to operate. The House will have full opportunity to discuss those SIs in Committee. It is certainly not the case that the Secretary of State gets to decide; nothing could be further from the truth.
We were talking about the EPAs being agreed under pressure, but that is just not true. If it were true, I suspect there would be very little appetite among nations with whom we have these agreements to replicate them, but I can be clear with the hon. Gentleman that there is an appetite to replicate them. As for Rob Davies, the Trade Minister in South Africa, I met him in August and he was keen that we replicate the agreement. We agreed, around a table with officials, that we should instruct our officials to ensure that that was done in a timely fashion and as soon as possible; so either he has changed his mind, or he did not believe that in the first place.
I am not quite sure I understood the hon. Gentleman’s question about the technical barriers to trade, but I am very happy to provide him with some illumination about what they are. We can talk about customs and all sorts of different issues—those are the technical barriers to trade. Technical barriers to labour rights may, I suspect, be legislation within individual jurisdictions.
Bill Esterson
Paragraph 7.6 of the Minister’s explanatory memorandum refers to addressing
“broader trade issues such as technical barriers to trade and labour rights.”
I was asking him to explain what he meant by
“technical barriers to trade and labour rights.”
George Hollingbery
In that case, I meant exactly what I just said. It is not technical barriers to trade and technical barriers to labour rights, but technical barriers to trade, such as poor customs systems and so on and so forth, which the Department for International Development has very considerable programmes to address. The TradeMark East Africa programme has been enormously successful, for example in reducing the time taken for items to clear customs by 32% over the life of the programme. By “address…labour rights”, we mean that it is also our intention to tackle the issue of labour rights. I hope that will satisfy the hon. Gentleman.
On the reference to public services, EU publicly funded services are excluded from liberalisation in all free trade agreements. That is an absolutely standard clause in all EU free trade agreements, and we are clear that in the free trade agreements we sign, we will also be protecting our public services from private competition. The right to legislate in the public interest in public services will be enshrined in our FTAs.
The hon. Gentleman made the not unreasonable point that the EPAs are not of the same scale as China and so on. That is the whole point of the EPA programme. There is a 20-year period in which liberalisation happens. There are also all sorts of breaks and control mechanisms, and indeed mechanisms for discussing certain issues if they arise and are acute for any particular country at any particular time. I am convinced that the mechanisms that sit around these agreements allow for modification, for change and for emergency procedures to be brought in, to deal with real difficulties that individual countries might face.
Mr McFadden
May I ask the Minister to rewind 30 seconds? He said that the UK intended to replicate in any future FTAs the public service provisions that currently exist in European Union negotiated trade agreements. For my own benefit—I may have missed it—is this the first time that that has been said, or has it been said elsewhere by the Department for International Trade? If so, where?
George Hollingbery
All I can say is that it is absolutely the intention of the Department, when negotiating free trade agreements, to ensure that there is an understanding in those agreements that UK public services will be the province of the Government and the Government alone. There will be, as there have been in the various free trade agreements that have come through recently, an understanding in such agreements that there is a right for partner nations to regulate their own public sectors in the way that they see fit. I believe that I am repeating something that has been said in the House many times before.
As we know, there is a system in the European Union for conducting EPA reviews. This has not yet been finalised or finally thought through, but the UK intends to ensure that where we have EPA-type provisions under UK law, we will look at them regularly to see whether we can improve them. We have real ambitions for these agreements and believe we can do more with them. Statistics indicate that where free trade agreements—EPAs are a form of free trade agreement—have been negotiated, over time there is a consequential increase of up to 32% in trade between partners. That probably applies more to direct FTAs without the EPA envelope, so we are talking about a different category of partner, but nevertheless it demonstrates that free trade considerably increases trade between partners.
It is true that for a large number of partners within EPAs, the access they get to European markets is far superior to what they would achieve through unilateral systems of preferences. For many, there would be no access without the EPA, and certainly not on the terms on which they are currently engaged. The mere fact that they are signed up to EPAs suggests to me that they find them useful.
The hon. Member for Sefton Central made considerable reference to issues relating to undermining the economic prosperity of regions by doing individual deals with individual countries. The EU has always sought to do EPA deals with regional blocs as they define themselves. Those interact considerably across the continent of Africa, in particular, with members being members of more than one bloc, and that can create difficulties. It is sometimes also difficult when individual regional political issues force disagreement between the partners in these unions and agreements. Therefore, the EU has taken the view that it is better to do deals with individual countries that wish to be involved than not to do so at all. That is why it pressed ahead, for example, with the Ghanaian agreement.
It is worth reflecting that the Eastern and Southern Africa programme was itself a reaction to the fact that the Lomé convention and the deals that were set up under preferences for a number of these countries were found not to be WTO compliant. The ESA programme was a reaction to make sure that the absolute minimum that needed to be done to be WTO compliant within development frameworks was done.
I will correct the hon. Member for Sefton Central on a couple of the more emotive examples he gave. He talked about Tanzania and fish skeletons. Tanzania is not a partner to an EPA agreement with the European Union. He also talked about chicken production in Ghana and the difficulties that the EPA had caused. It is also the case that chicken is specifically excluded from liberalisation in the Ghanaian EPA. I hope that that will give him some reassurance.
Finally, I turn to the issue of a no deal Brexit. The Department is working incredibly hard, as the hon. Gentleman said, to ensure continuity if and when that happens. I re-emphasise to the Committee that is something that many of us hope very fervently will not happen. We hope that we will have a free trade agreement or a future economic partnership with the European Union, and that there will be an implementation period. The Government have to recognise that there is a possibility that no deal will occur, and we must plan for all circumstances. We are negotiating at length with our bilateral partners with that in mind, and progress is very encouraging. We cannot be certain in every case exactly what we will achieve and when, but we have made detailed progress on the vast majority of the agreements and I believe that come a no deal Brexit—if it should come—we will be in a good position.
Question put and agreed to.
Resolved,
That the Committee has considered the European Union (Definition of Treaties) (Economic Partnership Agreements and Trade Agreement) (Eastern and Southern Africa States, Southern African Development Community States, Ghana and Ecuador) Order 2018.
Informal Trade Foreign Affairs Council: 5 October 2018
George Hollingbery Excerpts(5 years, 6 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Trade Policy (George Hollingbery)
The Informal EU Foreign Affairs Council (Trade) took place in Innsbruck on 5 October 2018. The agenda covered the WTO, EU-US trade and EU trade agreements. I represented the UK at the meeting. A summary of the discussions follow.
On WTO modernisation, the discussion confirmed that the most urgent issue was unblocking appointments to the WTO Appellate Body. Many WTO members were looking to the EU for leadership on this matter. I reaffirmed the UK’s support for the rules-based trading system, commended the Commission’s concept paper on WTO modernisation, and called for engagement with the wider WTO membership.
On EU-US trade, discussion was on the agreement set out in the EU-US joint statement following President Juncker’s visit to the White House and progress since July, noting that the near-term focus was on voluntary regulatory co-operation with full respect for domestic legislation. A limited tariff liberalisation was on offer from the EU, provided it focused only on industrial goods. I expressed opposition to US measures on steel and aluminium and threatened measures on autos, offered support to the Commission’s approach of prioritising regulatory co-operation, and agreed with others that there should be no lowering of standards.
On ongoing FTA negotiations, the priority for the Japan EPA to be approved by the European Parliament was highlighted. Attendees also expressed continued support for the range of other EU trade agreements.
[HCWS1012]
Oral Answers to Questions
George Hollingbery Excerpts(5 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Jack Brereton (Stoke-on-Trent South) (Con)
The Minister for Trade Policy (George Hollingbery)
The Government are committed to an inclusive and transparent trade policy. On 20 July, we launched a 14-week online consultation, allowing the public to provide views on future potential UK trade agreements with the US, Australia and New Zealand and, of course, the potential accession to the comprehensive and progressive agreement for Trans-Pacific Partnership.
Jack Brereton
We have huge potential to increase exports, particularly in the fantastic ceramics industry in Stoke-on-Trent, so I thank the Minister for that response. Will he update the House on the progress that is being made with the US-UK trade agreement, which is so important for that industry?
George Hollingbery
It is important to point out to my hon. Friend and, indeed, to the House that our duty of sincere co-operation means that we are only exploring information at this stage since we may not, cannot and should not explore actual free trade deals. However, the UK-US trade and investment working group has now met on four occasions and will meet again in November in Washington. We want our future trade agreements to work for all sectors and regions of the UK, including the UK’s highly valued ceramics industry in Staffordshire, for which my hon. Friend is a doughty champion. The Secretary of State will be chairing the consultation in Birmingham on 1 October. My hon. Friend recently wrote to me requesting a meeting for that particular sector, and we will be exploring dates shortly.
Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
A potential free trade deal with the United States of America is reckoned to be worth about 0.2% of GDP, but the loss of GDP with a mere FTA deal with the European Union is 6%, which is a loss thirty times greater than the gain from America. Even if the Minister got an equivalent free trade agreement with the rest of the world, he would need a world population of 15 billion —twice the current population—to make up the gap. There are only 7.5 billion people on earth. Where are the Government going to make up the gap in GDP loss that this Brexit is costing the United Kingdom?
George Hollingbery
I point out to the hon. Gentleman that the British people voted in a referendum to leave the European Union and that is exactly what we are organising. We are in the middle of negotiating with the EU on a wide-ranging and comprehensive package of proposals that will allow trade to continue with the EU hopefully much as it does now.
Mr Peter Bone (Wellingborough) (Con)
The Minister’s last answer was very interesting. Do the Government agree that free trade agreements are good? If, unfortunately, the Chequers proposal is rejected by the European Union, would not an alternative be a free trade agreement with the European Union based on the Canada model?
George Hollingbery
I merely repeat what I said before. The Government are negotiating to put in place a deep future trade agreement with the European Union, and we believe we will succeed in that endeavour.
Chris Bryant (Rhondda) (Lab)
At the moment we have a free trade agreement with Colombia through the European Union, but the new President of Colombia, Iván Duque, has said that he wants no more free trade agreements, probably including with the United Kingdom if we are to leave the EU, and that he wants to renegotiate the deal with the EU. If we were to be able to roll over a new agreement with Colombia, would we make sure it had very strong human rights protections?
George Hollingbery
As the hon. Gentleman knows, we are negotiating with our partners who are currently signatories to agreements with the European Union to create continuity for businesses and to make sure those agreements are put in place. The elements to which those countries have already signed up will be included in those agreements, and I hope he will take some comfort from that.
Sir Desmond Swayne (New Forest West) (Con)
We trade effectively without them. They often come with producer-interest strings attached. They might be nice to have, but we do not need them, do we?
George Hollingbery
Last time I stood at this Dispatch Box, I said that I was not entirely sure I understood a particular question.
We will negotiate free trade agreements that are to the benefit of the United Kingdom—we have offensive and defensive interests—and, when we conclude those agreements, I have no doubt they will be good for the United Kingdom.
Kirsty Blackman (Aberdeen North) (SNP)
I apologise on behalf of my colleague, who is not here and for whom I am standing in.
This 14-week consultation period is probably the only period in which the public will have a chance to have their say on the free trade agreement. Does the Minister agree it is vital for those people who are concerned about changes in food regulation, and for those people who are concerned about the diminution of the high standards we have here, that they take the opportunity to input into this consultation and make their voices heard, as they did so successfully in previous campaigns on, for example, the Transatlantic Trade and Investment Partnership?
George Hollingbery
I absolutely agree with the hon. Lady. It is right that members of the public should feed in all their concerns. One of the reasons why we are running this consultation is for exactly that purpose. I back her encouraging people to take part in the consultation. Indeed, when I was in Scotland recently to meet the Scottish Government, I also met Trade Justice Scotland to discuss exactly these sorts of issues.
Judith Cummins (Bradford South) (Lab)
The Government’s current consultation process has a worrying lack of transparency. No mandates have been published and no explanation has been given of which sectors are being considered or of what chapters may be included. Will the Minister commit to working with businesses and civil society to develop a consultation process that is more transparent, that looks at the full range of issues and that allows proper engagement on the big questions regarding our future trade? The current one is just simply not good enough.
George Hollingbery
In that case all I can say to the hon. Lady is that she simply does not understand the consultation process. There are 14 weeks in which the public themselves may come back to us with all their input. We are very clear that we will be exploring widely and deeply with all sectors of society, and indeed all sectors of business and all those with an interest. We have set up the strategic trade advisory group to do exactly the sorts of things she is asking for, and I am confident that this is the most open consultation on free trade agreements this country has ever undertaken.
Leo Docherty (Aldershot) (Con)
Gillian Keegan (Chichester) (Con)
The Minister for Trade Policy (George Hollingbery)
I thank my hon. Friend for her very encouraging story from Tanzania. Britain is, of course, an international leader on development and my Department is working with the Department for International Development to ensure that global prosperity is at the heart of future policy. Our first priority is to deliver continuity in our trading relationships as we leave the EU. In the future, the Government will explore options to expand our relations with developing countries. DIT will be focusing on unilateral preference schemes and schemes to help to break down barriers to trade that exist in many countries.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
Andrew Rosindell (Romford) (Con)
As the Secretary of State knows, the UK is the largest investor in Tanzania, a proud Commonwealth nation to which I have just been appointed trade envoy. Will he be good enough to outline what Her Majesty’s Government will do to strengthen that relationship as we leave the European Union?
George Hollingbery
I welcome my hon. Friend to his post as the Prime Minister’s trade envoy to Tanzania and wish him luck. As the Prime Minister made clear on the visit on which I joined her at the end of August, partnerships based on mutual interest are key to the UK’s offer. The presence of a proactive Department for International Trade and broader prosperity team, and UK Export Finance’s risk appetite of £750 million for Tanzania, further show that commitment. We are working with the Department for International Development to align trade and investment policies throughout Africa and the developing world.
Tom Brake (Carshalton and Wallington) (LD)
A report from the University of Sussex three days ago identified that a third of UK exporting firms have lost business due to Brexit. How will the export strategy help to secure existing jobs in export?
EU-Singapore Free Trade Agreement (FTA) AND INVESTMENT PROTECTION AGREEMENT (IPA)
George Hollingbery Excerpts(5 years, 8 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Trade Policy (George Hollingbery)
It is a pleasure to serve under your chairmanship, Mr Bellingham. I am delighted to be here today to debate the EU-Singapore trade and investment agreements ahead of votes in Council on signature and conclusion. The EU has negotiated a broad and ambitious package with Singapore, which offers tangible benefits to the United Kingdom. The Government have long supported efforts to strengthen trade relations with Singapore, and I welcome the opportunity today to set out what was negotiated and what the Government’s future plans are with respect to Singapore when we leave the European Union.
As I have said before, free trade plays a vital role in stimulating economic growth, creating jobs and providing greater consumer choice and confidence. The Government are clear that the UK will continue to be a beacon of support for free trade globally. We will continue to support the EU’s ambitious trade agenda while we remain an EU member state. That includes some 40 trade agreements, including that with Singapore. As we leave the EU, UK support for those agreements will send a positive message about our commitment to global free trade.
Hon. Members will have seen from the Government’s detailed and comprehensive impact assessment that, as my hon. Friend the Member for Mid Dorset and North Poole said, the EU-Singapore FTA is estimated to be worth up to £95 million annually to the UK’s GDP in the long run. As he noted, UK imports are indeed due to grow by approximately £600 million per year in the long run. That will mean consumers benefiting from lower prices, and businesses from reduced input costs. That, in turn, will help businesses proudly to export and champion their final products around the world.
Imports and their associated gains can and do contribute positively to GDP, as in the case of the EU-Singapore FTA. As I have already noted, it is estimated that those gains, in addition to the nearly £300 million increase in UK exports driven strongly by UK services, will result in a long-term benefit to UK GDP of £95 million per annum.
Singapore is already one of the most open markets globally, regularly featuring towards the top of the World Bank’s “Ease of Doing Business” awards. The gains from the FTA are not on the scale of other EU trade agreements of similar scope and depth, such as the Comprehensive Economic and Trade Agreement or the EU-Japan Economic Partnership Agreement, because of the nature of the business environment and trade. Nevertheless, there are tangible benefits for the UK, in addition to long-term benefits associated with fostering closer ties with a leading member of the Association of South East Asian Nations, whose region is expected to continue to experience strong economic growth. Indeed, as my Department never fails to point out on occasions such as this, some 90% of the world’s growth is going to happen outwith the European Union in the future.
I want to make it clear today, as I and the Government have done previously with respect to other EU trade agreements, that the delivery of public health services and public utilities is safeguarded in the trade in services aspect of all EU free trade agreements, including with Singapore. For the avoidance of any doubt, that includes the NHS, for the UK; it will remain in the domain of UK Governments, not our trade partners, to control. As confirmation of that, I direct Members to chapter 8 of the free trade agreement and chapter 2 of the investor protection agreement, where it is made real. I also want to make it clear that commitment to labour rights and environmental standards is explicitly referenced in the agreement, and neither party will seek to reduce those thresholds to boost trade. In that respect, I refer Members to chapter 12 of the free trade agreement.
I am confident that the benefits of the free trade agreement can be enjoyed with a clear conscience, with British businesses free to tap into the Singaporean market with ever greater ease and to benefit from greater access across a range of service sectors, improved access to Singapore Government procurement markets, increased protection for intellectual property rights and, among other areas, the removal of remaining tariffs in Singapore, such as for stout beer, in which the UK has a long tradition of excellence to rival even the biggest players—as I am sure you agree, Mr Bellingham.
The FTA is accompanied by the EU-Singapore investment protection agreement. Unlike the FTA, the IPA will require ratification by all member states before it comes into force. The Commission has been clear that it does not intend to provisionally apply any aspects of the agreement before that. The IPA contains the Commission’s preferred model of investor-state dispute settlement mechanism—the investment court system.
It is not envisaged that the IPA will enter into force before the UK’s exit from the EU in March 2019 nor, in fact, before the end of the implementation period. Other EU trade agreements that have required ratification by member states in addition to EU conclusion and third-country ratification have taken several years to enter into force following signature, such as the EU-Korea FTA, which took close to five years for all members states to ratify.
Although it is not anticipated that the IPA will apply to the UK as we move to leave the EU, the Government have no intention of getting in the way of the EU embarking on the process of signing and concluding the IPA. We intend to vote in favour of signature and conclusion of the IPA when we support signature and conclusion of the FTA next month.
With regards to future investment policy, we continue to review our trade and investment policy more generally, and are considering a wide range of options in the design of future bilateral trade and investment agreements. Of course, the UK-Singapore bilateral investment treaty is still in existence, but it is worth pointing out that in the years that it has existed, since 1975, it has never been used.
I turn now to the Government’s future ambitions for our trade relations with Singapore once we have left the EU. As has been communicated extensively, the EU and the UK agreed at the March European Council that international agreements that the UK is party to through its EU membership should continue to apply to the UK during the implementation period. Text to that effect has been agreed in the draft withdrawal agreement. On that basis, the EU-Singapore FTA will apply to the UK during the implementation period once it has entered into force, although, as I said, it is not envisaged that the IPA will enter into force in time to apply during the implementation period. The EU is due to notify third countries of that approach, and the Government are satisfied that legal clarity for that approach is sufficiently underpinned by international law and practice, including by the provisions of the withdrawal agreement itself.
At a bilateral meeting with the Prime Minister at the Commonwealth Heads of Government meeting in April, and in the accompanying public statement, Singapore’s Prime Minister Lee welcomed the approach of providing continuity during the implementation period. That was further confirmed during the Secretary of State’s recent visit to Singapore. The Government are working towards new bilateral arrangements with Singapore that will ensure continuity for the effects of the EU-Singapore FTA beyond the implementation period via a straight- forward technical process.
A dialogue with Singapore also seeks to address our future approach to investment protection and investor-state dispute settlement. We are working with our Singaporean partners on the best way to achieve that. The existing UK-Singapore bilateral investment treaty otherwise remains operational, as I have pointed out.
Although it is only right that our immediate priority is to secure continuity of trade agreements, Singapore is like-minded with the UK in its ambitions for free trade, so a transition deal with Singapore also provides a firm basis for developing trade arrangements further in future. That is fully in line with the model set out in the White Paper, under which the UK will be able to pursue an ambitious bilateral trade agenda that takes full advantage of the flexibility that is proposed for the future economic partnership.
On 16 July, the Government put forward proposals about the future parliamentary scrutiny of UK trade policy when we have left the EU. The package includes a strengthening of collaboration and consultation with all corners of this great country and a range of stakeholder demographics with a vested interest, including consumers, civil society and business. We also recently released four online public consultations on our intention to seek free trade agreements with the United States, Australia and New Zealand, as well as on our interest in the UK’s potential accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership—CPTPP—of which Singapore is a key member. I want all voices to be heard to ensure that our future trade policy works for everyone, and I encourage anyone interested to take part in those consultations. We will also consult with the devolved authorities and many other interested parties.
While the UK remains an EU member state, the Government remain committed to working with Parliament, via engagement with the European scrutiny Committees, to facilitate thorough scrutiny of EU trade agreements. That is particularly the case for EU-only agreements, such as the EU-Singapore FTA that we are looking at today and others that Parliament will not be required to debate and vote on, in the absence of the need for member state ratification. It is partly for this reason that I am pleased to be here to debate the Singapore agreements ahead of their signature.
In line with the Government’s commitment to transparency, my Department will continue to work with the European scrutiny Committees to identify appropriate ways to ensure thorough scrutiny of EU legislation and agreements both now and during the implementation period. In line with that, the Government are continuing negotiations regarding the UK’s and EU’s rights and responsibilities during the implementation period, including on the UK’s continued access to EU documents.
While we are not yet in a position to formally announce arrangements, I can be clear that the Government support a strong scrutiny process and will continue to support and facilitate this for as long as EU legislation continues to affect the UK. The Government will engage in dialogue with the Committees as to how this may best be achieved on the basis of the detailed arrangements for the period agreed between the UK and the EU. I understand that official-level discussions have already begun and that the Department for Exiting the European Union will write to the European Scrutiny Committee presently to take this matter further.
To conclude, I thank Committee members, and Parliament more generally, for their engagement in this debate. We have the opportunity today to demonstrate strong support for free trade. The EU-Singapore FTA is an excellent agreement for the UK that will benefit UK exporters, importers and consumers, and Singapore has committed to transitioning it when we leave the EU. The Government will continue to engage with Singapore on other trade-related matters, including future investment arrangements.
I am confident that we will be able to build strong ties with an important player in the ASEAN region and a key ally in support of global free trade now and in the future. I look forward to the opportunity to support the signing and conclusion of the agreements when the Council votes later in October.
The Chair
We now have until 5.36 pm for questions. Are there no questions? In that case, I call the Minister to move the motion.
Motion made, and Question proposed,
That the Committee takes note of European Union Document No. 7966/18 on the signature of the proposed agreement along with Addenda numbered 1 to 13 and European Union Document No. 7967/18 on the conclusion of the proposed agreement along with Addenda numbered 1 to 13; welcomes the proposed signature and conclusion, on behalf of the EU, of the EU-Singapore Free Trade Agreement; further notes European Union Document No. 7973/18 on the signature of the proposed agreement along with Addenda numbered 1 to 2 and European Union Document No. 7974/18 on the conclusion of the proposed agreement along with Addenda numbered 1 to 2; and further notes the signature and conclusion of the proposed Investment Protection Agreement between the EU and its Member States and Singapore.—(George Hollingbery.)
George Hollingbery
I would like to correct the record if I may, Sir Henry, because I called you Mr Bellingham throughout my remarks, which I am sure others noticed but I am afraid I did not, and I apologise.
With the leave of the Committee, I will respond briefly to the points raised by the hon. Member for Brent North. Non-tariff measures are very important, but it is not our analysis that they are better for Singapore than they are for the UK in these agreements. I refer the hon. Gentleman to graph 5 in paragraph 1.30 of the economic impact assessment, where he will find a considerable number of areas where Singapore imposes non-tariff measures—for example, instruments, clocks, recorders and reproducers, vehicles, aircraft and vessels, machinery and electrical equipment, base metals and articles, textiles and articles, and paper and paperboard.
The list goes on and on. Hon. Members may not have this document to hand, but by comparison there is another graph that shows the number of non-tariff measures applied by the UK on Singapore. There are almost none at all that we can evidence. The impact assessment absolutely does assess that, and it is quite clear to me on reading it that there are many more measures to be washed away by Singapore than there are by the UK. I will give a few more examples. Banks will be able to increase the numbers of branches, which was previously controlled. Insurance sales will be able to be made online in ways that were not possible before because of regulations. Substantial procurement opportunities will be opened up that hitherto did not exist because the entities being addressed were not included in the procurement schedule. There are all sorts of areas where the FTA opens up opportunities for British business.
On the sectors most affected by increased imports, I do not have the evidence to hand to give the hon. Gentleman, but my impression is that a good deal of what will occur in this area is import substitution, because an awful lot of what Singapore supplies to the UK is intermediate goods that go on to make other goods. I would expect the impact to be greater on substitution than on British companies. That is not to deny that there will be an impact; indeed, the impact assessment addresses that. I should probably say to him that the costs identified in the impact assessment, which he finds so risible, are about the cost of compliance or using the FTA. They are not costs to the British economy; they are simply the costs to businesses of taking on board the FTA and understanding it so that they can participate in that market. The actual net costs, as the FTA will affect the United Kingdom because of potential job losses and reductions in GDP, are accounted for in the £95 million figure. Therefore, they are properly modelled.
There are issues with the model, and I would not disagree with the hon. Gentleman that it is not entirely ideal, but the effects for the UK consumer and businesses as a whole, and for UK GDP, are undoubtedly positive. Furthermore, the estimates use bound figures for the liberalisation of services; basically, all they do is lock in calculations as to the certainty of the old rules now being completely complied with. They do not look at the potential for new services coming into the Singaporean market from UK companies and, despite the fact that this is a sensible, reasonable and rational estimate of £95 million, we believe that if we really bottom out, there are potentially much greater benefits to be had.
The hon. Gentleman asked questions about the participation agreements and whether they are confirmed in the EU mechanism, which I think I addressed in my opening remarks. The answer to the question about changes to the agreement, and whether we will use clause 2 powers from the Trade Bill to radically change this agreement, is unequivocally no. The clause 2 powers are there to transition agreements. That is not to say that there will not be some circumstances where it might be appropriate to use clause 2 powers to change that agreement; if they change slightly, if there are bodies that arise and fall away, that might well be something that we would look at in the future. However, it would be by far and away our preference to use clause 2 powers for transition alone. I do not rule out the fact that clause 2 powers exist and can be used for further work at a later date.
If and when it is agreed that both sides in this bilateral relationship feel it is appropriate for more work to be done on a future trade agreement that would substantially modify what has been transitioned for the sake of continuity for business and consumers, that will almost certainly come back as a future trade agreement and will therefore engender all the mechanisms that the Government have described around those. That would be made clear at the time; we make no judgment at the moment, but that mechanism exists to look at new free trade agreements and the Government will come forward with proposals at the time for what they want to do.
Of course, the clause 2 powers also carry with them substantial obligations to inform Parliament about how an agreement has changed, what the substantial nature of that change is and how any delegated legislation will enact the changes described. Parliament will remain totally informed of any changes that the Government propose under clause 2 powers. That is the compromise that was reached on the new clause 6 argument, which the hon. Gentleman will well recall. I believe the House accepted that as a sensible, transparent way of dealing with this issue, and of course it must be agreed in both Houses. If we have a new free trade agreement, that will undoubtedly come forward under the new mechanism that the Government have described, some elements of which are still being developed.
Barry Gardiner
I appreciate that the Minister is trying to answer the specifics of the questions I have posed. Do I take it that what he has just said is confirmation that the Government have not received formal confirmation from Singapore that Singapore will not seek to negotiate any substantive changes to the terms of this agreement? If that is the case, given that we have an existing bilateral investment treaty with Singapore, does he not see that there is a certain convolution—to put it no more strongly—in moving from an existing bilateral investment treaty to a future treaty that we are seeking to take as a roll-over now, which will then be subject to further clauses of negotiation to be a substantive further treaty in due course? Does he not see that as a somewhat otiose methodology?
George Hollingbery
I think all I want to add is that we currently have the bilateral investment treaty in place and any future trade agreements or any changes will go through the mechanisms. On our attitude to future investment treaties that go along with the free trade agreement, the thinking is not set on either side and those negotiations continue. I understand the hon. Gentleman’s concern, but I do not believe it is a concern; I believe it is very straightforward. The Singaporean Government, through the Prime Minister, have made very clear indications to us that they will be willing to accept a technical replication and then—at a future date yet to be agreed and through conversations yet to be had—we will discuss future arrangements, but nothing is set in stone in that way.
On investment protection arrangements more generally, Committee members will know very well why these exist. If one signs free trade agreements and one wants one’s companies to be able to invest in a foreign territory where there is the slightest question about the rule of law in that area—I do not necessarily apply that to Singapore in any way, shape or form, but there are plenty of companies out there looking for that level of confidence, which is a good thing to put in place—or simply if a company or investor decides to make an investment in a third-party country whose Government have undertaken to have in place certain arrangements that the business relies upon, then it seems reasonable to have in place some mechanism to pursue a dispute where promises have not been kept, if the investment was made on the basis that certain regulations or agreements would be implemented in a certain way.
I think this is probably just a difference of principle between us. It seems to me that the Labour party has an issue with this. I believe that such a mechanism makes it a great deal easier for companies to consider investing abroad, and I would have thought that it was something that we would want to encourage.
I thank the hon. Member for Nottingham East for his comments. I will be happy to engage with him on the rolling-over of existing trade agreements at some stage—although I note that I already have, in the International Trade Committee last week; in which case I will finally wrap up.
Today we have discussed the benefits of the EU-Singapore FTA. We have also heard the reservations and concerns of hon. Members. I truly believe that the FTA is a positive agreement for the UK, and that it is in our national interest to see that it is signed and concluded. Although it is not anticipated that the IPA will apply to the UK before we leave the EU or during the implementation period, it is only right that the UK ensures that fellow member states can get on with the business of ratifying the agreement by supporting signature and conclusion of this agreement. After all, we remain members of the European Union and we have obligations that we must fulfil.
As the UK asserts its position as a global champion of free trade, now and as we leave the EU, we will continue to play an active and supportive role in the development and delivery of EU trade policy. We will also continue to work together to ensure continuity of our trading relationship as we leave the EU. I have been clear about the Government’s commitment to engaging further with Parliament as we develop our independent trade policy, and we will continue to work with stakeholders across the whole of the UK. I commend the Government’s motion to the Committee and urge members to support it.
Question put.
EU Trade Agreement Impact Analysis and Process
George Hollingbery Excerpts(5 years, 9 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Trade Policy (George Hollingbery)
I am pleased to announce that my Department will today publish an impact assessment for the EU-Singapore free trade agreement (FTA). I have separately written to the scrutiny Committees in both Houses of Parliament such that they can consider this evidence as part of their important review of this agreement. A copy of this impact assessment will be placed in the Libraries of both Houses.
Negotiations with Singapore concluded in October 2014. The European Commission has now presented the final negotiated texts to the Council of the European Union (Council). The Council will now decide whether to adopt the necessary Council decision authorising signature and conclusion, with a vote in October 2018.
The agreement is expected to promote bilateral trade and economic growth between the EU and Singapore by eliminating most tariffs and reducing non-tariff measures that businesses face when trading goods and services and when investing.
I will also today lay the European Union (Definition of Treaties) (Economic Partnership Agreements and Trade Agreement) (Eastern and Southern Africa States, Southern African Development Community States, Ghana and Ecuador) Order 2018 to designate the Ecuador-EU Andean accession and these economic partnership agreements as treaties in accordance with the European Communities Act 1972.
The EU, Ecuador, Colombia and Peru signed the protocol of accession of Ecuador to the EU-Andean free trade agreement (known as the EU-Andean FTA) on 11 November 2016. The protocol has been provisionally applied since 1 January 2017.
On 28 July 2016, the EU signed an economic partnership agreement (EPA) with Ghana. The EPA has been provisionally applied since 15 December 2016.
On 10 June 2016, the EU signed an economic partnership agreement (EPA) with six countries from the Southern African Development Community (SADC): Botswana, Lesotho, Mozambique, Namibia, South Africa and Swaziland (now known as Eswatini) (the “SADC EPA states”). The EPA has been provisionally applied since 10 October 2016, except in the case of Mozambique, where it has been provisionally applied since 4 February 2018.
On 24 August 2009, the EU signed an economic partnership agreement (EPA) with the eastern and southern Africa countries: Madagascar, Mauritius, the Seychelles and Zimbabwe (the “ESA countries”). In July 2017, the Comoros signed the agreement, and they are currently in the process of ratification. The EPA has been provisionally applied since 14 May 2012, except in the case of the Comoros, where it will be applied pending ratification by the government of the Comoros. These agreements require ratification by the EU member states to come fully into effect.
I will lay this order concurrently with the laying of the text of the agreements as Command Papers under the Constitutional Reform and Governance Act for scrutiny. This is in effect the start of the formal process of ratification of the agreements in the UK.
These agreements will boost the economies of the UK, the EU, and partner countries by promoting trade and economic growth. The European Union’s economic partnership agreements (EPAs) have a development focus that goes beyond trade, by including co-operation and assistance for partner countries. They aim to promote trade—and ultimately contribute, through increased trade and investment, to sustainable development and poverty reduction.
I will also lay before the House an explanatory memorandum to this order. This explains the background and rationale of the agreements and ratification. At the same time, we are publishing our economic impact assessments of these agreements. Copies of these documents are being placed in the Libraries of both Houses.
The Government remain committed to supporting the EU’s ambitious trade and development agendas including the EU free trade agreements they are putting in place. The UK ratification of these agreements while the UK is still an EU member state is a sound demonstration of this commitment.
The Government have been clear they will seek a seamless transition to replicate the effects of the agreements when we leave the EU in line with our policy.
[HCWS882]
Trade Bill
George Hollingbery ExcerptsTuesday 17th July 2018
(5 years, 9 months ago)
Commons ChamberRead Full debate Trade Bill 2017-19 View all Trade Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 17 July 2018 - (17 Jul 2018)
The Minister for Trade Policy (George Hollingbery)
I beg to move, That the clause be read a Second time.
Mr Speaker
With this it will be convenient to discuss the following:
Government new clause 13.
Government new clause 14.
New clause 3—Free trade agreements: Parliamentary scrutiny and consent—
“(1) The Secretary of State shall not commence negotiations relating to a free trade agreement unless—
(a) a Minister of the Crown has laid before Parliament a sustainability impact assessment conducted by a credible body independent of government following consultation with—
(i) each devolved authority,
(ii) public bodies, businesses, trade unions and non-governmental organisations which, in the opinion of the Minister, have a relevant interest, and
(iii) the public,
and the assessment shall include both qualitative and quantitative assessments of the potential impacts of the proposed trade agreement, including social, economic, environmental, gender, human rights, labour, development and regional impacts,
(b) a Minister of the Crown has laid before Parliament a draft of a negotiating mandate relating to the proposed trade agreement, setting out—
(i) all fields and sectors to be included in the proposed negotiations,
(ii) the principles to underpin the proposed negotiations,
(iii) any limits on the proposed negotiations, and
(iv) the desired outcomes from the proposed negotiations, and
(c) the House of Commons has approved by resolution a motion, drafted in terms which permit amendment, setting out a proposed negotiating mandate and authorising the Secretary of State to enter negotiations on the proposed trade agreement on the basis of that mandate, and the House of Lords has approved a resolution in the same terms as that approved by the House of Commons.
(2) The United Kingdom may not become a signatory to a free trade agreement unless—
(a) during the course of the negotiations, the text of the trade agreement as so far agreed or consolidated has been made publicly available within ten working days of the close of each negotiating round,
(b) between each round of negotiations, all documents relating to the negotiations have been made available for scrutiny by select committees in both Houses of Parliament,
(c) upon conclusion of the negotiations, the House of Commons has approved by resolution a motion, drafted in terms which permit amendment, setting out the text of the trade agreement as negotiated and authorising the Secretary of State to sign the proposed agreement, and the House of Lords has approved a resolution in the same terms as that approved by the House of Commons, and
(d) the text of the trade agreement includes provision for a review of the operation and impacts of the agreement no later than ten years after the day on which the agreement comes into force.”
This new clause would ensure that all new free trade agreements are subject to parliamentary scrutiny and consent.
New clause 6—Regulations: Parliamentary procedure—
“(1) If the Secretary of State considers it appropriate to proceed with the making of regulations of a type which fall under section 2(4A)(a) or (b)), he or she must lay before Parliament—
(a) a draft of the regulations, and
(b) an explanatory document.
(2) The explanatory document must—
(a) explain under which power or powers in this Act the provision contained in the regulations is made;
(b) introduce and give reasons for the provision;
(c) identify and give reasons for—
(i) any functions of legislating conferred by the regulations; and
(ii) the procedural requirements attaching to the exercise of those functions;
(d) contain a recommendation by the Secretary of State as to which of the following should apply in relation to the making of regulations pursuant to the draft regulations—
(i) the negative resolution procedure (see subsection (6)) or
(ii) the affirmative resolution procedure (see subsection (7)); and
(e) give a reason for the Secretary of State’s recommendation.
(3) Where the Secretary of State’s recommendation under subsection (2)(d) is that the negative resolution procedure should apply, that procedure shall apply unless, within the 20-day period, either House of Parliament requires that the affirmative resolution procedure shall apply, in which case that procedure shall apply.
(4) For the purposes of this paragraph a House of Parliament shall be taken to have required a procedure within the 20-day period if—
(a) that House resolves within that period that that procedure shall apply; or
(b) in a case not falling within subsection (4)(a), a committee of that House charged with reporting on the draft regulations has recommended within that period that that procedure should apply and the House has not by resolution rejected that recommendation within that period.
(5) In this section the ‘20-day period’ means, for each House of Parliament, the period of 20 days on which that House sits, beginning with the day on which the draft regulations were laid before Parliament under subsection (1).
(6) For the purposes of this section, the ‘negative resolution procedure’ in relation to the making of regulations pursuant to a draft of the regulations laid under subsection (1) is as follows—
(a) the Secretary of State may make regulations in the terms of the draft regulations subject to the following provisions of this subsection;
(b) the Secretary of State may not make regulations in the terms of the draft regulations if either House of Parliament so resolves within the 40-day period;
(c) for the purposes of this paragraph regulations are made in the terms of the draft regulations if they contain no material changes to the provisions of the draft regulations; and
(d) in this subsection the ‘40-day period’ means, for each House of Parliament, the period of 40 days on which that House sits, beginning with the day on which the draft regulations were laid before Parliament under subsection (1).
(7) For the purposes of this section the ‘affirmative resolution procedure’ in relation to the making of regulations pursuant to a draft of the regulations being laid under subsection (1) is as follows—
(a) the Secretary of State must have regard to—
(i) any representations;
(ii) any resolution of either House of Parliament; and
(iii) any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations, made during the 40-day period with regard to the draft regulations;
(b) if, after the expiry of the 40-day period, the Secretary of State wishes to make regulations in the terms of the draft, he must lay before Parliament a statement—
(i) stating whether any representations were made under subsection (7)(a)(i); and
(ii) if any representations were so made, giving details of them;
(c) the Secretary of State may after the laying of such a statement make regulations in the terms of the draft if they are approved by a resolution of each House of Parliament;
(d) if, after the expiry of the 40-day period, the Secretary of State wishes to make regulations consisting of a version of the draft regulations with material changes, he must lay before Parliament—
(i) revised draft regulations; and
(ii) a statement giving details of—
(a) any representations made under subsection (7)(a)(i); and
(b) the revisions proposed;
(e) the Secretary of State may, after laying revised draft regulations and a statement under sub-paragraph (d), make regulations in the terms of the revised draft if they are approved by a resolution of each House of Parliament;
(f) for the purposes of sub-paragraph (e) regulations are made in the terms of the draft regulations if they contain no material changes to the provisions of the draft regulations; and
(g) in this paragraph the ‘40-day period’ has the meaning given by subsection (6)(d).
(8) The provisions of this section shall apply to all agreements for which regulations would be of a type which falls under section 2(4A)(a) or (b)), notwithstanding that they constitute retained EU law and may be governed by the provisions of the European Union (Withdrawal) Act 2018 or any other legislation with regard to Parliamentary scrutiny of regulations under this Act.”
This new clause would set up a triage and scrutiny system under the control of Parliament for determining how Orders under Clause 2 will be dealt with, in circumstances when the new UK FTA or international trade agreement is not in the same terms as the existing EU FTA or international trade agreement.
New clause 16—Transparency in trade negotiations—
“(1) The Secretary of State shall not make regulations under section 2(1) of this Act for the implementation of an international trade agreement (subject to sections 2(3) and 2(4)) unless the condition in subsection (2) of this section has been complied with.
(2) The condition is that the Secretary of State has provided to Members of both Houses of Parliament any information specified in subsection (3) relating to the agreement, within seven days of any meeting to which subsection (3)(a) applies.
(3) The information is—
(a) minutes of any meeting, whether formal or informal, between a representative of the United Kingdom and a representative of any other signatory state to discuss the agreement;
(b) any points of divergence between the terms of the proposed agreement between the United Kingdom and the other signatory (or each other signatory) and the terms of the agreement in place before exit day between the European Union and the other signatory (or each other signatory), that were discussed at the meeting; and
(c) measures that the Secretary of State considers will be necessary in consequence of any points of divergence under paragraph (b) of this subsection.
(4) The Secretary of State may specify conditions under which the information shall be made available under subsection (2).”
This new clause would require the Secretary of State to give MPs and Peers access to details of negotiations towards trade agreements with third countries if and when third countries seek changes to existing bilateral trade deals which the UK currently has through the EU.
New clause 20—Approval of negotiating mandates (devolved authorities)—
“(1) No negotiation towards an agreement that falls within section 2(2) shall take place unless—
(a) a draft negotiating mandate in respect of that agreement has been laid before—
(i) a committee including representatives from each devolved authority and constituted for the purpose of considering the draft, and
(ii) each devolved legislature,
and
(b) the draft negotiating mandate has been approved by resolution of—
(i) the committee constituted under (1)(a)(i) and
(ii) each devolved legislature.
(2) The committee in (1) shall be called the ‘Joint Ministerial Committee on Trade’ (‘JMCT’) and—
(a) may not approve a draft mandate other than by consensus,
(b) shall have the power to make its own standing orders,
(c) may include a Minister of the Crown or representative thereof,
(d) may be consulted on a draft mandate before it is finalised (but in such a case must also approve the finalised version), and
(e) shall only include a representative of a devolved authority if that representative has been appointed by the relevant devolved executive.
(3) The ‘devolved legislatures’ are—
(a) the Scottish Parliament,
(b) the Welsh Assembly, and
(c) the Northern Ireland Assembly.
(4) The devolved legislatures shall approve the draft mandate according to their own standing orders.
(5) If the negotiating mandate changes substantively during the process of negotiations then negotiations shall not proceed until the revised mandate has been approved by the JMCT.
(6) Each person who is—
(a) a member of the JMCT, or
(b) a Minister of the Crown
must co-operate with every other person who is within subsection (a), or (b) in any activity that relates to the drafting of a negotiating mandate as referred to in subsection (1).
(7) In particular, the duty imposed by subsection (6) requires a person—
(a) to engage constructively, actively, and on an ongoing basis in any process by means of which a negotiating mandate as referred to in subsection (1) is prepared; and
(b) to have regard to representations by any member of the JMCT or of a devolved executive in any process by means of which a negotiating mandate as referred to in subsection (1) is prepared.
(8) The ‘devolved executives’ are—
(a) the Scottish Government,
(b) the Welsh Government, and
(c) the Northern Ireland Executive.”
This new clause would ensure that any negotiating mandate is first approved by the devolved legislatures and creates a joint ministerial committee to encourage co-operation between the devolved administrations and the UK Government in drafting the negotiating mandates. It imposes a duty of co-operation on all parties in the preparation of the negotiating mandate.
New clause 22—Right of devolved legislatures to scrutinise trade negotiations—
“(1) A Minister of the Crown shall provide a devolved authority with such information relating to an agreement falling within section 2(2) as is reasonably necessary for the purpose of subjecting that agreement to scrutiny in relation to—
(a) all areas of that devolved authority’s competence; and
(b) anything falling outside an area of that devolved authority’s competence but having an impact within the territory over which that devolved authority presides.
(2) The information in (1)—
(a) shall be provided at the request of a devolved authority;
(b) may relate to international trade agreements at any stage of development including—
(i) before negotiations begin,
(ii) during negotiations,
(iii) after negotiations have been completed.
(3) An appropriate authority shall not rely on Part II of the Freedom of Information Act 2000 in relation to a request made under this section.
(4) If information requested by a devolved authority would fall within Part II of the Freedom of Information Act 2000, a Minister of the Crown may provide it exclusively to a committee of the relevant devolved legislature.
(5) A Minister of the Crown shall adhere to any reasonable time limit placed by a devolved authority on the provision of information under this section.”
This new clause would ensure that the devolved legislatures will have sufficient information to effectively scrutinise trade agreements and negotiations, without compromising negotiations or sensitive information.
New clause 23—Devolved consent—
“(1) No agreement that falls within section 2(2) shall be ratified without the consent of the devolved legislatures to any parts of that agreement that fall within subsection (3) of this section.
(2) The ‘devolved legislatures’ are—
(a) the Scottish Parliament,
(b) the Welsh Assembly, and
(c) the Northern Ireland Assembly.
(3) The parts of an agreement to which the devolved legislatures must consent are—
(a) any part concerning an issue that falls within the competence of a relevant devolved authority as defined in paragraph 7 of Schedule 1, and
(b) any part concerning an issue not falling within subsection (3)(a) but having an impact within the territory over which the relevant devolved authority presides.”
This new clause would create a right for the devolved legislatures to approve those aspects of an ITA that fall within their competence.
New clause 24—Review of international trade agreements (devolved authorities)—
“(1) No agreement that falls within section 2(2) of this Act shall be ratified unless it complies with subsection (2) of this section.
(2) An agreement that falls within section 2(2) shall include a clause which provides for that agreement to be—
(a) submitted for review by the appropriate bodies after five years from the date of ratification,
(b) submitted for review by the appropriate bodies every five years after the first review, and
(c) ended or amended based on the outcome of the reviews in subsections (2)(a) or (2)(b),
without sanction under the agreement.
(3) For the purposes of (2) the ‘appropriate bodies’ are—
(a) the UK Parliament,
(b) the Scottish Parliament,
(c) the Welsh Assembly, and
(d) the Northern Ireland Assembly.
(4) The appropriate bodies shall determine the procedure for the review in subsection (2) according to their own standing orders.
(5) Each international trade agreement shall be submitted to a review by the appropriate bodies according to the terms in subsection (2).
(6) A Minister of the Crown shall have regard to any representations made by an appropriate body resulting from a review undertaken under this section.”
This new clause would provide for Parliament and the devolved legislatures to review a trade agreement every five years and for the UK to bring an end to that trade agreement based on the outcome of those reviews without sanction under the agreement.
Government amendments 36 and 37.
Amendment 6, in clause 2, page 2, line 20, at end insert “, and”.
This amendment would provide that the Henry VIII provisions in Clause 2 may only be used when a new UK free trade agreement is in the same terms as an existing EU free trade agreement.
Government amendments 38 and 39.
Amendment 7, in clause 2, page 2, line 29, at end insert “, and”.
This amendment would provide that the Henry VIII provisions in Clause 2 may only be used when a new UK international trade agreement is in the same terms as an existing EU international trade agreement.
Amendment 8, in clause 2, page 2, line 29, at end insert—
“(4A) In circumstances where—
(a) a free trade agreement in respect of which regulations are to be made does not make the same provision, subject only to necessary changes in terminology, as a free trade agreement referred to in subsection (3)(a) or (b); or
(b) an international trade agreement in respect of which regulations are to be made does not make the same provision, subject only to necessary changes in terminology, as an international trade agreement referred to in subsection (4)(a) or (b);
an appropriate authority must not make regulations under subsection (1) unless the requirements of section [Regulations: Parliamentary procedure] have been met.”
Government amendment 42.
Amendment 19, in clause 2, page 2, line 40, at end insert—
“(a) No regulations may be made under subsection (1) in respect of a free trade agreement unless the text of that agreement has been subject to consultation prior to its ratification by Parliament, in line with any guidance or code of practice on consultations issued by Her Majesty’s Government.
(a) A consultation under paragraph (a) shall actively seek the views of—
(i) Scottish Ministers,
(ii) Welsh Ministers,
(iii) a Northern Ireland department,
(iv) representatives of businesses and trade unions in sectors which, in the opinion of the Secretary of State, are likely to be affected by the proposed free trade agreement, and
(v) any other person or organisation which appears to the Secretary of State to be representative of interests affected by the proposed free trade agreement, including local authorities.”
This amendment would require the Government to have published the text of each UK free trade agreement and opened it to consultation with business, trade unions, the devolved administrations and other parties prior to its ratification.
Government amendment 4.
Amendment 9, in schedule 2, page 12, line 5, after “2(1)” insert
“(unless the regulations are of a type which fall under section 2(4A)(a) or (b))”.
This amendment is consequential on NC6.
Amendment 2, in schedule 2, page 12, line 6, at end insert—
“(1A) A statutory instrument containing regulations of a Minister of the Crown under section 2(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Government amendments 71 to 74.
Amendment 10, in schedule 2, page 12, line 20, at end insert
“(unless the regulations are of a type which fall under section 2(4A)(a) or (b))”.
This amendment is consequential on NC6.
Government amendments 75 and 79.
George Hollingbery
I am delighted to tell you, Mr Speaker, that I can accord with your wishes and those of my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke).
The Government have been consistently clear that the priority for the UK’s existing trade relationships as we leave the EU is continuity. Our partner countries are clear on that, too, and this Bill is about continuity. Specifically, clause 2 creates a power to help with the implementation of obligations of the trade agreements that we are seeking to transition into UK-only agreements as we leave the EU. I recognise that Members are seeking reassurance that the Government will be transparent about the content of these transitioned agreements and about what might need to change to deliver this continuity, which we have championed for so long.
Indeed, I understand the purpose of the new clause 6 and the associated amendments, tabled in the names of my hon. Friends the Members for Huntingdon (Mr Djanogly), for Wimbledon (Stephen Hammond) and for Bromley and Chislehurst (Robert Neill). My predecessor, my right hon. Friend the Member for Chelsea and Fulham (Greg Hands), and I held constructive discussions with my hon. Friend the Member for Huntingdon to ascertain how best we could help that transparency. As a result, the Government have tabled new clauses 12 to 14 and amendments 4, 36 to 39, 42, 71 to 75 and 79. I will now explain them in a little detail.
New clause 12 and the associated Government amendments will place a duty on Ministers to lay a report in both Houses of Parliament. This report will explain any changes made to the continuity agreements when compared with the existing EU third country agreements. The report will be laid in Parliament before the continuity agreements are ratified or at least 10 Commons sitting days before any implementing regulations are laid under clause 2, whichever comes first. We want these reports to be as helpful as possible. That is why they will signpost any significant changes being made, to ensure that existing trade agreements can function effectively in the UK-only context. Implementing regulations made under clause 2 will also now be subject to the affirmative resolution process, which will further enhance parliamentary scrutiny. I have also committed that, for each statutory instrument made under the clause 2 power, the accompanying explanatory memorandum will be explicit in referencing which of the changes identified in the report it plays a part in implementing.
With amendments 44 to 47, we are reducing from five years to three years the length of the period for which the implementing power can be used. The period will be renewable by agreement in both Houses of Parliament.
I hope that my hon. Friend the Member for Huntingdon agrees that these amendments address the spirit of the issues he was seeking clarity on and provide enhanced parliamentary scrutiny.
Bill Esterson (Sefton Central) (Lab)
We raised concerns in Committee about the Government’s power grab in the Bill. For 40 years, we have subcontracted our responsibility for trade agreements to the EU, while scrutiny has been delivered through the European Parliament and by our own European Scrutiny Committee, yet the Government are not proposing any equivalent scrutiny processes for agreements that will replace those we currently have through our membership of the EU. This lack of scrutiny is a major issue, and we raised the concerns of business, trade unions, civil society, consumers and many more in Committee.
The Labour party submitted a series of amendments in Committee that embodied a full process of parliamentary scrutiny and extra-parliamentary consultation. The Government responded by saying that the new UK agreements would just roll over the terms of existing EU agreements and would thus need no process of scrutiny, having already been scrutinised.
Wera Hobhouse (Bath) (LD)
Thank you, Mr Speaker. This Bill would not be needed if we remained in the customs union. The Government are repeating, like an old record, that, “Leaving the EU will transform us into global Britain, striking trade deals around the world. While striking them, we just carry over existing deals.” How realistic is that? Outside the EU, Britain is a much less attractive trading partner. Businesses invest in Britain because we are an entry point to the European market and the single market. Is it reasonable to think that the UK can negotiate alone the same deals it can when part of a bloc of 28 countries? Although some countries have indicated they are prepared to copy and paste over existing deals, others will be watching and waiting, reserving judgment to see exactly what access the UK will have to the EU after Brexit. For that reason, we simply cannot accept that existing trade deals will be copied and pasted; significant changes will come along.
I am pleased that the Government have recognised that Parliament needs some say in the matter by tabling amendment 75 and accepting my amendment 4. However, the Government’s understanding of parliamentary democracy remains pretty poor. Amendment 75 allows MPs to approve, by affirmative statutory instrument, any changes in the law required by one of these continuity deals. It is a take-it-or-leave-it vote. It is not amendable and it is not meaningful. That is why the Government need to meet the concern raised in new clause 3, which stands in the name of the hon. Member for Brighton, Pavilion (Caroline Lucas) and which I support. People voted leave for different reasons, but nobody voted to make themselves poorer, to lose their job or to have food and product safety standards thrown out the back door.
With your permission, Mr Speaker, let me just say something about new clause 2, which is in the final group. The Government must be honest about the impact of any trade deals they sign and Parliament must be able to scrutinise this. The Tory leavers say, “Brexit is the will of the people”, but the Tories are in disarray, trying to work out among themselves what the will of the people actually is. As the chaos and confusion grows, it is time that more Members, on both sides of the House, joined the Liberal Democrats in supporting a people’s vote on the deal. We need to be honest with our constituents about the economic realities of Brexit and then give the people a final say on the deal.
George Hollingbery
I shall try to be brief, Mr Speaker. I thank the Opposition spokesman for his remarks, but I am going to limit my comments in return to saying that I am very disappointed that Labour Front Benchers could not welcome what is undeniably a good and robust scrutiny arrangement. We have hugely improved the position. The House will now have adequate and deep opportunity to challenge the Government’s proposals on any transitioned free trade agreement, and I just think it was a shame they could not say so.
The hon. Member for Brighton, Pavilion (Caroline Lucas) knows very well that this Bill is about the continuity of existing arrangements. The Secretary of State yesterday set out our approach to new trade arrangements in the House, with plans for extensive public consultation, continuous parliamentary engagement and the setting up of the strategic trade advisory group, and clear plans for engagement with the devolved authorities, civil sector and civil society more generally.
My hon. Friend the Member for Huntingdon (Mr Djanogly) asked several questions. I very much welcome his comments on our discussions and the fact that he is prepared to accept our amendments today. I can confirm that not all transitioned agreements will need clause 2 powers to implement changes. I can further confirm that it is not the intention to use powers in clause 2 to implement a transitioned free trade agreement more than once, although of course these will need to remain operable over time. In relation to the clause 2 power, “exceptional” is modelled on the Constitutional Reform and Governance Act 2010 process. The threshold is high and the flexibility provided is simply a matter of prudence. Finally, he asked for reassurance about powers in the European Union (Withdrawal) Act 2018. That Act allows regulations to be made that deal with matters arising from the UK’s exit from the European Union. The implementation of or transition to free trade agreements is not such a matter, so we cannot use that Act for the purpose of implementing a free trade agreement.
The hon. Member for Dundee East (Stewart Hosie) will know only too well that the Bill is about continuity: it is about not our future arrangements but our current arrangements. Yesterday, the Secretary of State comprehensively laid out our plans. We are committed to working with the devolved Administrations on our approach to the implementation of trade agreements that are signed after we have exited the EU, and they will also have a role in shaping the UK’s future trade negotiations. The Department held a successful deep dive on trade with devolved authorities in March 2018. A major outcome of that was the joint agreement on a regularised senior officials meeting, to take place every six weeks between the Department and the devolved authorities. A detailed rolling programme of policy and market-focused roundtables will take place over the rest of 2018. Beyond that, the hon. Gentleman has the reassurances that the Secretary of State gave yesterday on the devolved authorities’ participation. I hope that that at least gives him confidence that the Government are serious about their wish to negotiate with devolved authorities.
George Hollingbery
No, I am afraid I will not.
Finally, I thank my right hon. Friend the Member for Chelsea and Fulham (Greg Hands); my hon. Friends the Members for Chichester (Gillian Keegan) and for Gloucester (Richard Graham); and the hon. Members for Swansea West (Geraint Davies), for Nottingham East (Mr Leslie) and for Bath (Wera Hobhouse) for their contributions to the debate.
Question put and agreed to.
New clause 12 accordingly read a Second time, and added to the Bill.
New Clause 13
Reporting requirement not to apply in exceptional cases
“(1) Section (Report on proposed free trade agreement) does not apply to a free trade agreement if a Minister of the Crown is of the opinion that, exceptionally, the agreement needs to be ratified without laying before Parliament a report which meets the requirements of subsection (3) of that section.
(2) If a Minister determines that a free trade agreement is to be ratified without laying before Parliament a report which meets the requirements of section (Report on proposed free trade agreement)(3), the Minister must, as soon as practicable after the agreement is ratified, lay before Parliament—
(a) a report which meets those requirements, and
(b) a statement indicating that the Minister is of the opinion mentioned in subsection (1) and explaining why.”—(George Hollingbery.)
See Member’s explanatory statement for NC12.
Brought up, read the First and Second time, and added to the Bill.
New Clause 14
Report to be laid with regulations under section 2(1)
“(1) This section applies where a Minister of the Crown proposes to make regulations under section 2(1) for the purpose of implementing a free trade agreement to which the United Kingdom and another signatory (or other signatories) are signatories.
(2) A draft of the statutory instrument containing the regulations may not be laid before Parliament unless, at least 10 Commons sitting days before the draft is laid, a Minister of the Crown has laid before Parliament a report which gives details of, and explains the reasons for, any significant differences between—
(a) the trade-related provisions of the free trade agreement to which the United Kingdom and the other signatory (or other signatories) are signatories, and
(b) the trade-related provisions of the existing free trade agreement.
(3) Subsection (2) does not apply if, at least 10 Commons sitting days before a draft of the statutory instrument containing the regulations is laid, a report in relation to the agreement has been laid before Parliament under section (Report on proposed free trade agreement)(3).
(4) In this section—
‘Commons sitting day’ means a day on which the House of Commons begins to sit;
‘the existing free trade agreement’ means the free trade agreement to which the European Union and the other signatory (or other signatories)—
(a) were signatories immediately before exit day, or
(b) where the report is laid before Parliament before exit day, are signatories on the day the report is laid before Parliament;
the ‘trade-related provisions’ of a free trade agreement are the provisions of the agreement that mainly relate to trade.”—(George Hollingbery.)
This new clause requires a Minister to lay a report before Parliament at least 10 Commons sitting days before regulations implementing a new free trade agreement are laid in draft under clause 2(1). The report is required to explain any significant differences between the new agreement and the existing agreement with the EU. The duty to lay a report does not apply if a report on the agreement has already been laid under NC12.
Brought up, read the First and Second time, and added to the Bill.
New Clause 3
Free trade agreements: Parliamentary scrutiny and consent
“(1) The Secretary of State shall not commence negotiations relating to a free trade agreement unless—
(a) a Minister of the Crown has laid before Parliament a sustainability impact assessment conducted by a credible body independent of government following consultation with—
(i) each devolved authority,
(ii) public bodies, businesses, trade unions and non-governmental organisations which, in the opinion of the Minister, have a relevant interest, and
(iii) the public,
and the assessment shall include both qualitative and quantitative assessments of the potential impacts of the proposed trade agreement, including social, economic, environmental, gender, human rights, labour, development and regional impacts,
(b) a Minister of the Crown has laid before Parliament a draft of a negotiating mandate relating to the proposed trade agreement, setting out—
(i) all fields and sectors to be included in the proposed negotiations,
(ii) the principles to underpin the proposed negotiations,
(iii) any limits on the proposed negotiations, and
(iv) the desired outcomes from the proposed negotiations, and
(c) the House of Commons has approved by resolution a motion, drafted in terms which permit amendment, setting out a proposed negotiating mandate and authorising the Secretary of State to enter negotiations on the proposed trade agreement on the basis of that mandate, and the House of Lords has approved a resolution in the same terms as that approved by the House of Commons.
(2) The United Kingdom may not become a signatory to a free trade agreement unless—
(a) during the course of the negotiations, the text of the trade agreement as so far agreed or consolidated has been made publicly available within ten working days of the close of each negotiating round,
(b) between each round of negotiations, all documents relating to the negotiations have been made available for scrutiny by select committees in both Houses of Parliament,
(c) upon conclusion of the negotiations, the House of Commons has approved by resolution a motion, drafted in terms which permit amendment, setting out the text of the trade agreement as negotiated and authorising the Secretary of State to sign the proposed agreement, and the House of Lords has approved a resolution in the same terms as that approved by the House of Commons, and
(d) the text of the trade agreement includes provision for a review of the operation and impacts of the agreement no later than ten years after the day on which the agreement comes into force.”—(Caroline Lucas.)
This new clause would ensure that all new free trade agreements are subject to parliamentary scrutiny and consent.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
George Hollingbery
It is important to reiterate that the Government are committed to ensuring that withdrawal from the EU is a successful and smooth process for the whole of the UK. As set out in our trade White Paper, our intention, working closely with the devolved Administrations, is to seek to transition all existing EU trade agreements and other EU preferential arrangements.
Hywel Williams (Arfon) (PC)
In a reply to my hon. Friend the Member for Ceredigion (Ben Lake) yesterday, the Secretary of State said the following in respect of having agreements ratified by the devolved legislatures:
“I would imagine that, in line with other agreements, we would seek legislative consent from the devolved Administrations where there were elements in which they were required to apply parts of those negotiations.”—[Official Report, 17 July 2018; Vol. 645, c. 51.]
Is that the Government’s settled view on this matter? Notwithstanding the shortness of time, will the Minister give us a brief example of how that would apply?
George Hollingbery
I thank the hon. Gentleman for his question. What I can say on that is that the Scottish National party has already welcomed a number of measures in the Bill today. The negotiations are ongoing with the Welsh Government and I would hope that in due course we will reach those legislative consent motions.
As I was saying, this will ensure that England, Scotland, Wales and Northern Ireland maintain the greatest amount of certainty, continuity and stability in our trade and investment relationships for our businesses, citizens and trading partners. I am certain that all Members across the House support the importance of maintaining these trading opportunities for business across the UK, such as we see with the 10% of Scotch whisky exports that go to countries with which we wish to transition existing trade agreements. As parts of these agreements will touch on devolved matters, this legislation creates powers for devolved Administrations to implement them. These powers will be held concurrently by the devolved Administrations and the UK Government. That approach will ensure that where it makes practical sense for regulations to be made once for the whole UK, it is possible for this to happen. However, in the trade White Paper, and throughout the Committee stage, the Government have publicly and repeatedly committed to not normally use the powers in the Bill to amend legislation in devolved areas without the consent of the relevant devolved Administrations—and not without first consulting them. I make that commitment again today. As such, new clause 4 is unnecessary.
Barry Gardiner
I take in good faith the assurance the Minister has given across the Dispatch Box that the Government would not normally do that, but surely he cannot equate that with having the security of that commitment in the Bill. He must accept that on this side of the House we have tried to be even-handed in ensuring that the terms of the devolution settlement are respected both by government and by the nationalists in Scotland. If he is simply saying, “Everybody must rely on an assurance across the Dispatch Box”, that is not good enough.
George Hollingbery
I say to the hon. Gentleman that the Sewel convention is well established. It has been in place for many years and it has proved more than adequate up to now. We believe it is the right way forward to handle this particular issue, so we see no need for new clause 4 to be in the Bill.
We will work closely with the devolved Administrations to deliver an approach to the implementation of trade agreements that works for the whole of the UK, reflecting the needs and individual circumstances of England, Scotland, Wales and Northern Ireland. The Government’s approach respects a long-standing and robust convention between the UK Government and the devolved Administrations.
Anna McMorrin (Cardiff North) (Lab)
Will the Minister explain how he is going to work with the devolved Administrations on this? For example, would this involve a UK council of Ministers?
George Hollingbery
Our intention is to carry on negotiating with the devolved authorities to find a way forward to get the signatures on the legislative consent motions that we wish to sign, and that we believe we are in a position to sign with those Administrations if we continue to co-operate with them and to negotiate properly.
Several hon. Members rose—
George Hollingbery
If Members do not mind, I shall make a little more progress.
Concurrent functions have always been a normal part of our devolution arrangements, and the Bill broadly replicates the concurrent approach taken under section 2(2) of the European Communities Act 1972. That has proved an efficient and effective precedent for the devolved Administrations and the UK Government. I thank the hon. Member for Dundee East (Stewart Hosie) for raising the issue of the devolved authorities’ role in the transitional agreements and any extension of the sunset provision. I am happy to confirm that, should they make the decision to use the three-year sunset extension or provision, the Government commit to engaging the devolved Administrations in that decision-making process in advance.
The Government have made a number of their own amendments to reduce restrictions on the powers conferred on devolved Ministers, bringing greater parity between UK Ministers’ powers and devolved Ministers’ powers. I particularly wish to draw the House’s attention to two changes. Government amendments 64 to 67 change the requirement on devolved Ministers from seeking the consent of UK Ministers to consulting UK Ministers before making regulations under the Bill’s powers that relate to quotas or the pre-exit commencement of regulations.
Barry Gardiner
I am concerned about what the Minister said. Does he not accept that if the provisions in clauses 1 and 2 are taken in conjunction with Government amendment 34, they will allow the Westminster Government to use Henry VIII powers to modify primary legislation or retained direct EU legislation in areas that are a matter of devolved competence? That is to go beyond “not normally”, which is why new clause 4 is essential.
Mr Speaker
Order. May I just emphasise that there is no obligation to continue up to the wire? I know that sometimes some people on the Government Bench say “Keep going till the cut-off point,” but it is not necessary to do so. There is a lot of other material to be debated. The Minister, who is a most courteous fellow, was extremely succinct earlier; he should not think that that was unpopular in the House.
George Hollingbery
You will be glad to hear, Mr Speaker, that I do not have a great deal more to say.
Let me engage with the shadow Secretary of State’s point. The powers that the Government are taking relate to where any regulations under section 12 of the European Union (Withdrawal) Act are in force and intersect with devolved Ministers’ rights to modify retained direct EU law. We are carving out an area in which the UK Government believe it is right and proper that the interests of the wider United Kingdom have precedence. I think the shadow Secretary of State understands what I mean; indeed, from the look on his face I believe he probably secretly agrees with what I am saying.
George Hollingbery
The hon. Member for Dundee East will know that work is ongoing around the extent of the areas which I have just outlined to the shadow Secretary of State and which will be covered by section 12. The changes I have outlined recognise the important role that the devolved Administrations will play in implementing trade continuity agreements in devolved areas. I reiterate that, in line with convention, UK Government will not normally implement such measures in devolved areas without the consent of the devolved Administrations.
The amendments demonstrate significant progress in our discussions with the devolved Administrations.
Stephen Kerr (Stirling) (Con)
On a very quick point, is it not true that the working relationship between the UK Government and the Scottish Government is much more positive and much more healthy than we would be led to believe from listening to the rhetoric of the SNP Members in this place?
George Hollingbery
It is not for me to make judgments on how people approach negotiations, save to say that the experience of Government officials is that deep, proper and real conversations have occurred at Scottish Government level between officials and indeed between those in the Executive.
Let me reiterate that, in line with convention, the UK Government will not normally implement in devolved areas without the consent of the devolved Administrations. These amendments demonstrate significant progress in our discussions with the devolved Administrations to whom we have been listening throughout the passage of this Bill, as has been admirably demonstrated. We will continue to engage actively with the devolved Administrations to achieve the agreement of a legislative consent memorandum. As such, I hope that the hon. Member for Dundee East will now feel able not to push amendment 29 to a vote.
Question put, That the clause be read a Second time.
Mr Speaker
With this it will be convenient to discuss the following:
Government amendment 58.
Amendment 12, in schedule 4, page 14, line 34, at end insert
“with the consent of the International Trade Committee of the House of Commons,”.
This amendment would give the International Trade Select Committee scrutiny and consent powers for the appointment of Chairs of the Trade Remedies Authority.
Amendment 30, in schedule 4, page 14, line 34, at end insert—
“(aa) a non-executive member appointed by the Secretary of State with the consent of the Scottish Ministers,
(ab) a non-executive member appointed by the Secretary of State with the consent of the Welsh Ministers,”
The Trade Remedies Authority will undertake trade remedies investigations across the UK, which will inevitably touch on devolved areas or areas of significance to Scotland. This amendment would require the consent of Scottish and Welsh Ministers to the appointment of one non-executive board member each.
Amendment 13, in schedule 4, page 14, line 35, at end insert
“with the consent of the International Trade Committee of the House of Commons,”.
This amendment would give the International Trade Select Committee scrutiny and consent powers for the appointment of other non-executive members of the Trade Remedies Authority.
Amendment 22, in schedule 4, page 14, line 35, at end insert
“including representatives of UK manufacturing sectors and trade unions in manufacturing”.
This amendment would ensure that UK producers including manufacturers, and their employees, are included in the corporate governance of the new Trade Remedies Authority.
Amendment 80, in schedule 4, page 14, line 35, at end insert
“including representatives of—
(i) producers,
(ii) trade unions, and
(iii) each one of the devolved administrations.”
This amendment would ensure that the Trade Remedies Authority includes, among its non-executive members, representatives of key stakeholder bodies.
Amendment 14, in schedule 4, page 14, line 37, after “State” insert
“, and with the consent of the International Trade Committee of the House of Commons,”.
This amendment would give the International Trade Select Committee scrutiny and consent powers for the appointment of the chief executive of the Trade Remedies Authority.
Amendment 15, in schedule 4, page 14, line 38, after “State” insert
“with the consent of the International Trade Committee of the House of Commons,”.
This amendment would give the International Trade Select Committee scrutiny and consent powers for the appointment of the inaugural chief executive of the Trade Remedies Authority.
Amendment 23, in schedule 4, page 15, line 2, leave out from “must” to end of line 3 and insert
“, before appointing the other non-executive members, consult
(a) the Chair,
(b) organisations representing UK manufacturing sectors, and
(c) trade unions in manufacturing.”
This amendment would ensure that UK producers including manufacturers, and their employees, are included in the corporate governance of the new Trade Remedies Authority.
Amendment 16, in schedule 4, page 15, line 12, at end insert—
“4A It must be publicly disclosed if any candidate for appointment as a non-executive member of the TRA has, in the last five years, been employed by a political party, held a significant office in a political party, has stood as a candidate for a political party in an election, has publicly spoken on behalf of a political party, or has made significant donations or loans to a political party.”
This amendment would require candidates for appointment as non-executive members of the TRA to disclose political activity, consistent with guidelines set out in the Cabinet Office Governance Code on Public Appointments.
Amendment 17, in schedule 4, page 15, line 16, at end insert—
“5A It must be publicly disclosed if any candidate for appointment as an executive member of the TRA has, in the last five years, been employed by a political party, held a significant office in a political party, has stood as a candidate for a political party in an election, has publicly spoken on behalf of a political party, or has made significant donations or loans to a political party.”
This amendment would require candidates for appointment as executive members of the TRA to disclose political activity, consistent with guidelines set out in the Cabinet Office Governance Code on Public Appointments.
Amendment 18, in schedule 4, page 15, line 31, at end insert—
“10A A member of the TRA, whether executive or non-executive, shall not actively engage in any business, vocation or employment which may give rise to a potential conflict of interest, for the duration of their service on the TRA.”
This amendment would militate against conflicts of interest by precluding TRA members from engaging in any commercial activity for the duration of their time on the TRA.
New clause 1—EU customs union—
“(1) It shall be the objective of an appropriate authority to take all necessary steps to implement an international trade agreement which enables the UK to participate after exit day in a customs union with the EU in the same terms as existed before exit day.
(2) Exit day shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.”
New clause 2—Review of the impact on the UK economy—
“(1) Before the end of the initial five year period, the Secretary of State must publish and lay before both Houses of Parliament an assessment of the impact of all international trade agreements implemented under section 2 of this Act on—
(a) the economy of the United Kingdom,
(b) the economy of the different parts of the United Kingdom and different regions of England, and
(c) individual economic sectors.
(2) The assessment in subsection (1) must so far as practicable analyse the expected difference in outcomes between the international trade agreements implemented under section 2 of this Act and those international trade agreements to which the United Kingdom would have been a signatory had it continued to participate in the EU Customs Union.
(3) In this section—
‘the initial five year period’ has the same meaning as in section 2(8)(a),
‘parts of the United Kingdom’ means—
(a) England,
(b) Scotland,
(c) Wales, and
(d) Northern Ireland
‘regions of England’ has the same meaning as that used by the Office for National Statistics.”
New clause 5—Implementation of a customs union with the EU—
“(1) It shall be the objective of an appropriate authority to take all necessary steps to implement an international trade agreement which enables the UK to participate after exit day in a customs union with the EU.
(2) Exit day shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.”
New clause 8—Internal Market Negotiating Objective—
“It shall be a negotiating objective of Her Majesty’s Government to ensure the United Kingdom has full access to the internal market of the European Union, underpinned by shared institutions and regulations, with no new impediments to trade and common rights, standards and protections as a minimum.”
New clause 9—UK membership of EFTA and the European Economic Area—
“(1) It shall be the objective of an appropriate authority to achieve before exit day the implementation of an international agreement to enable the UK to become a member of the European Free Trade Association and continue as a signatory to the EEA Agreement.
(2) ‘Exit day’ shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.”
New clause 10—UK membership of EFTA—
“(1) It shall be the objective of an appropriate authority to achieve before exit day the implementation of an international agreement to enable the UK to become a member of the European Free Trade Association.
(2) ‘Exit day’ shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.”
New clause 11—Assessment of slavery or servitude—
“The Secretary of State shall, before concluding negotiations relating to an international trade agreement, make an assessment of the steps taken by the other signatory to the agreement (or each other signatory) to prevent and punish activity which, if undertaken in England or Wales, would constitute an offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).”
New clause 15—Ratification of international trade agreements—
“An international trade agreement shall not be ratified unless it enables the United Kingdom to require imports to—
(a) comply with any standards laid down by primary or subordinate legislation in the United Kingdom regarding food safety, the environment and animal welfare, or
(b) have been produced to standards that are deemed by the Secretary of State to be comparable in effectiveness to those of the United Kingdom in protecting food safety, the environment and animal welfare.”
This new clause would ensure that UK standards regarding food safety, the environment and animal welfare could not be undermined by imports produced to lower standards.
New clause 17—UK participation in the European medicines regulatory network—
“(1) It shall be the objective of an appropriate authority to take all necessary steps to implement an international trade agreement, which enables the UK to fully participate after exit day in the European medicines regulatory network partnership between the European Union, European Economic Area and the European Medicines Agency.
(2) Exit day shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.”
This new clause would ensure that it is a negotiating objective for the UK Government to secure an international agreement through which the UK may continue to participate in the European medicines regulatory network partnership between the EU, EEA and the European Medicines Agency, ensuring that patients continue to have access to high-quality, effective and safe pharmaceutical and medical products, fully aligned with the member states of the EU and EEA.
New clause 18—Free trade area for goods—
“(1) Before exit day it shall be the objective of Her Majesty’s Government to achieve the implementation of an international agreement to enable the United Kingdom to establish a frictionless free trade area for goods between the UK and the EU.
(2) If an international agreement of the type set out in subsection (1) has not been agreed by 21st January 2019 then it shall be the objective of Her Majesty’s Government to achieve the implementation of an international agreement which enables the United Kingdom to participate after exit day in a customs union with the EU.
(3) ‘Exit day’ shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.”
This new clause would make it a negotiating objective of the UK to establish a free trade area for goods between the UK and the EU and if that cannot be agreed then it should be the objective of the UK to secure an agreement to enable the UK’s participation in a customs union with the EU.
New clause 19—Reporting on trade between the United Kingdom’s devolved nations and regions with the Republic of Ireland—
“(1) The Secretary of State shall, no earlier than 12 months and no later than 18 months after Royal Assent has been given to this Act—
(a) lay before both Houses of Parliament an assessment of the implications of this Act for trade between the constituent parts of the United Kingdom and the Republic of Ireland, and
(b) make arrangements for the assessment to be laid before the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.
(2) In preparing the assessment under subsection (1), the Secretary of State shall consult with—
(a) the Scottish Ministers, the First Minister or the Lord Advocate,
(b) the Welsh Ministers, and
(c) a Northern Ireland devolved authority.”
This new clause would ensure that the impact of the UK’s exit from the European Union on trade across the border between the Republic of Ireland and Northern Ireland, and between the Republic of Ireland and other parts of the United Kingdom is properly reviewed and reported to Parliament.
New clause 25—Trade agreement with the EU: mobility framework—
“It shall be the objective of the Secretary of State to take all necessary steps to secure an international trade agreement with the European Union which includes a mobility framework that enables all UK and EU citizens to exercise the same reciprocal rights to work, live and study.”
Government amendments 31 to 35.
Amendment 11, in clause 2, page 2, line 12, at end insert—
“or (c) a regulatory cooperation agreement.”
This amendment would ensure that HM Government is able to efficiently replicate existing regulatory cooperation agreements that may be required for continuity of business arrangements if the UK exits the European Union.
Amendment 3, in clause 2, page 2, line 29, at end insert—
“(4A) Regulations under subsection (1) may make provision for the purpose of implementing an international trade agreement only if:
(a) the provisions of that international trade agreement do not conflict with, and are consistent with—
(i) the provisions of the Sustainable Development Goals adopted by the United Nations General Assembly on 25 September 2015,
(ii) international human rights law and international humanitarian law,
(iii) the United Kingdom’s obligations on workers’ rights and labour standards as established by but not limited to the commitments under the International Labour Organisation’s Declaration on Fundamental Rights at Work and its Follow-up Conventions,
(iv) the United Kingdom’s environmental obligations in international law and as established by, but not limited to, the Paris Agreement adopted under the United Nations Framework Convention on Climate Change, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and the Convention on Biological Diversity, including the Cartagena Protocol on Biosafety,
(v) existing standards for food safety and quality as set and administered by the Department of Health, the Food Standards Agency and any other public authority specified in regulations made by the Secretary of State,
(vi) the United Kingdom’s obligations as established by the Convention on the Elimination of All Forms of Discrimination Against Women and by the Convention on the Rights of the Child, and
(vii) the sovereignty of Parliament, the legal authority of UK courts, the rule of law and the principle of equality before the law.
(a) the provisions of that international trade agreement do not in any way restrict the ability to determine whether public services at a national or local level are delivered by public sector employees, and
(b) the Secretary of State has laid before Parliament an assessment that considers the potential economic, social, human rights and environmental impacts of the international trade agreement on the contracting parties.”
Amendment 24, in clause 2, page 2, line 29, at end insert—
“(4A) Regulations under subsection (1) may make provision for the purpose of implementing an international trade agreement only if the Secretary of State has made an assessment under section (Assessment of slavery or servitude) in respect of that agreement.”
Amendment 81, in clause 2, page 2, line 29, at end insert—
“(4A) Regulations under subsection (1) may make provision for the purpose of implementing an international trade agreement only if a principle of non-regression, according to which the protection of the environment, ensured by legislative and regulatory provisions relating to the environment, is incorporated.”
This amendment would ensure that environmental standards are not lowered in a new UK international trade agreement by maintaining and continually updating current standards through an environmental non-regression clause.
Government amendments 40, 41 and 43.
Amendment 20, in clause 2, page 2, line 40, at end insert
“and shall include any agreement to which the UK is party by virtue of membership of a free trade association, including the European Free Trade Association”.
This amendment would make it clear that the implementation powers under the Act would apply equally to implementation of any free trade agreement to which the UK is party through EFTA.
Amendment 5, in clause 2, page 2, line 40, at end insert—
“(7A) No regulations made under subsection (1) shall preclude the United Kingdom from participating in a customs union with the European Union following exit day.”
This amendment allows for the implementation of international trade agreements while leaving open the possibility of negotiating a customs union with the EU.
Government amendments 44 to 48 and 51 to 57.
Amendment 1, in clause 6, page 4, line 10, at end insert—
“(aa) the conduct of trade within a customs union within the meaning of section 31 of the Taxation (Cross-border Trade) Act 2018,”.
Amendment 21, in clause 6, page 4, line 10, at end insert—
“(aa) the consequences for the UK of membership of the European Free Trade Association,”.
This amendment would place a duty on the TRA to give advice to the Secretary of State on the consequences of membership of EFTA.
Government amendments 59 and 60.
George Hollingbery
There is a wide range of issues covered by this final group of amendments we are debating today. I therefore propose to focus on the Government amendments in my opening remarks.
We are committed to creating a world-class Trade Remedies Authority. That is why Government have already begun recruiting TRA staff into the Department for International Trade, so that they can be properly trained before the TRA becomes fully operational. Once the TRA is legally established, staff who have been recruited into the Department will be transferred over to the TRA. Government new schedule 1 and Government amendment 58 are crucial to ensuring that this transfer can take place. This is standard practice when establishing a new arm’s-length body, as set out in the Cabinet Office’s statement of practice on transfers of staff in the public sector.
Trade remedies cases can have material impacts on markets and jobs. We must therefore create an independent investigation process that businesses can trust. That is why we are setting up the TRA as an arm’s-length body, giving it the appropriate degrees of separation from government, and ensuring that people with the right qualities and qualifications are appointed to the board to oversee this new function.
There are other amendments in this group, tabled by other hon. Members, on the TRA. I will wait to hear the points they make before responding to the detail of those amendments. Before I sit down, however, I will underline the point made by my right hon. Friend the Secretary of State for Trade yesterday in his statement to the House. The Bill is about continuity rather than future arrangements. This is why we have now separately set out the role that Parliament, the devolved Administrations, the public, business and civil society will have in our future trade agreements. We believe our approach makes good on our commitment to build an inclusive and transparent future trade policy.
Amendments 44 to 47 reduce the sunset period and renewal periods from five to three years. This has been discussed in previous debates. Amendments 31 and 32 allow Agreement on Government Procurement, or GPA, power to reflect updates to the list of Government entities in the UK’s GPA schedule. Amendments 34, 40, 41 and 48 clarify the scope of the powers in clause 1 and 2. Amendments 59 and 60 update references to data protection legislation, and amendments 31, 35, 43, and 51 to 57 are drafting changes.
Judith Cummins (Bradford South) (Lab)
It is a pleasure to follow the Minister and to contribute to the Report stage of this important Bill.
I rise to propose amendment 80, in my name and that of my hon. Friends, on the Trade Remedies Authority, and to speak to the other clauses and amendments in this group. Labour supports new clause 5 and our own amendment 5 on the implementation of a customs union with the EU. Labour’s policy is for a new customs union with the EU to protect jobs and the economy, and to avoid a hard border in Northern Ireland. We will also be supporting new clause 18, as it keeps open the possibility of a customs union with the EU.
My Labour colleagues and I tabled amendment 5, which requires that any international trade agreement must not stop the UK participating in a customs union with the EU. This is in line with our party’s policy to negotiate a new customs union with the EU. As the Bill deals with international trade agreements, we wish to ensure that no other trade agreements impede on the UK’s capacity to enter into such a new customs union with the EU.
On new clause 18, as I have said, Labour believes that the only way to deliver frictionless trade and to prevent a hard border in Northern Ireland is to negotiate a comprehensive customs union with the EU. The Chequers White Paper published by the Government put forward a different proposal. We think that the so-called “facilitated customs arrangement” is unnegotiable, undeliverable and unworkable, but it at least accepts the need for frictionless trade and to prevent a customs border between the UK and the EU.
Stephen Hammond
My right hon. Friend has just made the point that 79% of them do, and in business I was always taught the 80/20 rule, which I would advise him to apprise himself of.
As I was saying, the White Paper is very similar to the common rulebook, and that I think is appropriate. I will not dally too long on clause 9, but I think that the EEA-EFTA, as an institutional structure, is off the shelf, tested and something the EU is familiar with and which we could engage with. I accept, however, that the White Paper sets out a different direction, and I want to make sure we keep the White Paper and the plan negotiated and moving forwards.
What I really want to talk about tonight is new clause 18. I would contend, and I say to my Front Bench, that new clause 18 is exactly in line with their White Paper. It says that,
“it shall be the objective of Her Majesty’s Government to achieve the implementation of an international agreement to enable the United Kingdom to establish a frictionless free trade area for goods between the UK and the EU.”
That is absolutely in line with the White Paper. What causes the Government and others in the House concern is the word “union”.
George Hollingbery
It might help if I could advise the House that, in recognition of contributions from right hon. and hon. Members today, it is my intention to bring forward an amendment in the other place—[Laughter.] If I may. [Interruption.] If I may. Thank you.
George Hollingbery
It is my intention to bring forward an amendment in the other place that takes in the essence of new clause 18 but removes the defective element relating to the customs union. The Government amendment will restate our intention to establish a customs arrangement with the EU. [Interruption.]
Stephen Hammond
Very few people ever say that, Mr Speaker.
It is a generous offer from the Front Bench, and one that I am tempted to accept, but I would say to the Minister: let’s do this the other way around. I will make him a generous offer. Why does he not accept new clause 18 today and then amend it in the Lords? [Hon. Members: “Hear, hear!] I will tell the House why. Subsection (2) of my new clause is entirely in line with the European Union (Withdrawal) Act 2018, which is now part of our law in this country, the House having passed it. All it says is that it should be the objective, after 21 January, which date is in clause 13(10) and (11).
Had I used any other word than “union”, the Front Bench would have accepted it. Frankly, I do not see the problem. Yesterday, we took several amendments that we were told did not undermine the Bill, and this does not undermine the Bill either. It keeps the plan on the road. I say to my Front Bench in all good faith: why not do it this way round? Accept new clause 18 now and I will work with them to find something in the Lords that they find acceptable.
George Hollingbery
It is the policy of the Government not to remain part of a customs union. That is why we cannot accept the amendment today. Clearly, we would not be able to implement any independent free trade deals and would still be a member of the commercial policy. We are absolutely clear that we wish to work with my hon. Friend to reach an agreement that is satisfactory to him. We will do that in the Lords over the next several weeks and come to a conclusion on this matter.
Trade Bill: Government Amendments on Report
George Hollingbery Excerpts(5 years, 10 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Trade Policy (George Hollingbery)
The English votes for English laws process applies to public Bills in the House of Commons. To support the process, the Government have agreed that they will provide information to assist the Speaker in considering whether to certify the Bill or any of its provisions for the purposes of English votes for English laws. Bill provisions that relate exclusively to England or to England and Wales, and which have a subject matter within the legislative competence of one or more of the devolved legislatures, can be certified. Provision Extends to E & W and applies to England? Extends to E & W and applies to Wales? Extends and applies to Scotland? Extends and applies to Northern Ireland? Would corresponding provision be within the competence of the National Assembly of Wales? Would corresponding provision be within the competence of the Scottish Parliament? Would corresponding provision be within the competence of the Northern Ireland Assembly? Legislative consent motion needed? Part 1 (clauses 1-7) Yes Yes Yes Yes N/A N/A N/A Yes (S, W, NI) Part 2 (clauses 8-9) Yes Yes Yes Yes N/A N/A N/A No Part 3 (clauses 10-11) Yes Yes Yes Yes N/A N/A N/A No Part 4 (clauses 12-15) Yes Yes Yes Yes N/A N/A N/A No Schedules 1-3 Yes Yes Yes Yes N/A N/A N/A Yes (S, W, NI) Schedule 4 Yes Yes Yes Yes N/A N/A N/A No Schedule 5 Yes Yes Yes Yes N/A N/A N/A No
Report Stage Amendments
The memorandum, which I will place in the Libraries of both Houses, provides an assessment of Government amendments tabled to the Trade Bill, for the purposes of English votes for English laws, ahead of Report stage in the House of Commons. The Department for International Trade’s assessment is that the amendments do not change the territorial application of the Bill, for the purpose of Standing Order No. 83L of the Standing Orders of the House of Commons as set out in the explanatory notes to the Bill at introduction and as reproduced below. The above assessment is represented in tabular form below:
[HCWS856]
Oral Answers to Questions
George Hollingbery Excerpts(5 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Iain Stewart (Milton Keynes South) (Con)
The Minister for Trade Policy (George Hollingbery)
Freeing up trade is a proven driver of prosperity for developing countries. As we leave the EU, our priority will be to seek to deliver continuity in our trading arrangements, including continuity for developing countries.
Iain Stewart
Let me first warmly welcome my hon. Friend to the Dispatch Box.
The EU acts as a protectionist bloc against the trading interests of developing economies. Can my hon. Friend assure me that, once we leave the EU, arranging trade deals with developing economies will be a central part of our post-Brexit arrangements?
George Hollingbery
I certainly can. The Department’s White Paper “Preparing for our future trade policy” sets out the scale of the Government’s desire to help developing countries to break down the barriers to trade, and we will give them the tools with which to trade their way out of poverty.
Mr Speaker
I am sorry that I did not spot the hon. Member for Bolsover (Mr Skinner), but if he wants to shoehorn his question—
Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
An important issue connected with trade deals is actually a Home Office matter, I refer to the issue of visas. Whether the trade deals are with developing countries or with Australia and New Zealand, the big thing that they talk about is not two-year visas but five-year visas. What work is the Minister doing with the Home Office to bring some sense into this area? Incidentally, that is also needed on the west coast of Scotland in relation to fishing.
George Hollingbery
The hon. Gentleman will know very well that mode 4 is applied in many circumstances, and that it was part of the Japan-EU free trade deal. Our conversations with the Home Office are ongoing, but it will always be a matter of national policy that we will control our own immigration system. Despite what is said in trade deals, that is protected.
Mr Philip Hollobone (Kettering) (Con)
Will the Minister confirm that, whatever agreement is or is not reached with the European Union, after Brexit this country will continue to see increased trade in goods and services with the European Union, developing countries, and other countries around the world?
George Hollingbery
I thank my hon. Friend for his question. Clearly, the whole purpose of our leaving the European Union, or one of the plain purposes, is to increase sovereignty and to conduct our own trade deals. We are very keen to do a good deal with Europe—to see frictionless borders and to keep trade going on that front—and indeed to seek wide and ambitious free trade deals with others.
Thangam Debbonaire (Bristol West) (Lab)
What will the new Trade Minister do to ensure that any such trade deals with developing countries protect, promote and enhance workers’ rights, environmental protection and consumer rights, rather than engaging in a race to the bottom?
George Hollingbery
It is a feature of the free trade deal that is currently being signed by the European Union, and indeed the commitment of this Government, that chapters will be included in all those agreements that will protect exactly the elements that the hon. Lady identifies. They are in the current arrangements that we voted in favour of earlier this week and will be in future trade deals.
Jeremy Quin (Horsham) (Con)
Does the Minister agree that the best way of getting countries out of poverty is by trade, and that that is under threat from protectionism? Does he further agree that how we vote in this House, and the measures we support in the House on extending trade, matter?
George Hollingbery
That absolutely matters; it matters fundamentally. Trade is one of the greatest promoters of prosperity on the planet. It supports more poor people into reasonable states of living across the world than almost any other policy. The Opposition voted against such a free trade deal last week—in fact, against two of them. All that can do in the long run is reduce the amount of free trade around the world.
Mr Dennis Skinner (Bolsover) (Lab)
For the last 10 to 15 minutes, Ministers at that Dispatch Box have been attacking us for voting on principle against a trade agreement the other day. I want to know how many trade deals the Government have turned down with Barnier and the rest of them across in Europe in the last 12 months. Answer!
George Hollingbery
I am very sorry to say, Mr Speaker, that I am not entirely sure that I understand the question, but I would like to correct one element of something I just said. Of course, the Opposition did not vote against both trade deals—they abstained on the Japan trade deal. I am afraid that I simply do not understand the question. All I know is that the trade deals that were voted on and passed by the House this week had elements that contained many of the protections that the Opposition have said that they want. There are chapters on labour rights and environmental standards, and there is protection for our public services, particularly the national health service, which, as I told the House on Tuesday, is protected from challenge by those agreements.
Mr Gregory Campbell (East Londonderry) (DUP)
What advice does the Minister have for small and medium-sized enterprises that want to do business both inside the EU and outside it, post 29 March next year, in terms of their geographic location? Does he think it would be a good idea for businesses to be based in Northern Ireland, where they can have the best of both worlds?
George Hollingbery
A characteristic of any trade deal that we wish to do with the EU will obviously be to look at the interests of small businesses, which are the lifeblood of our economy. The EU-Japan trade deal that we voted for in the House on Tuesday specifically opened up the markets of Japan to smaller and medium-sized producers in the car manufacturing sector. I hope that those sorts of measures will be reflected in any deal that we do with the EU.
Maria Caulfield (Lewes) (Con)
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
The Minister for Trade Policy (George Hollingbery)
I can reassure the hon. Gentleman that Parliament will have a critical role to play in scrutinising the UK’s future trade deals. We will bring forward proposals in due course.
Gavin Newlands
The Trade Bill in its original form grants Ministers discretionary powers that undermine Parliament’s right of scrutiny. There is no guarantee that agreements will be transposed as originally agreed by the EU, particularly in respect of quotas and tariffs. Given the oft-repeated mantra of taking back control, how can the Government justify not giving Parliament a say on these arrangements?
George Hollingbery
I know that the hon. Gentleman and others have tabled amendments to the Trade Bill. The details of our proposals on scrutiny will come forward in due course. The Government are committed to building a transparent and inclusive trade policy that is balanced against the need to ensure the confidentiality of negotiations. Any proposal that the Government bring forward will be on top of those mechanisms that are already at the disposal of Parliament. We will be consulting widely with the regions, and many of the concerns that the hon. Gentleman is articulating will be discussed in the regions of England and in Scotland, Wales and Northern Ireland. Work has already commenced on talking some of these issues through with the devolved authorities.
Sir Desmond Swayne (New Forest West) (Con)
EU-Japan Economic Partnership Agreement
George Hollingbery Excerpts(5 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Trade Policy (George Hollingbery)
I beg to move,
That this House takes note of European Union Document No. 7959/18 and Addenda 1 to 11, Proposal for a Council Decision on the signing, on behalf of the European Union, of the Economic Partnership Agreement between the European Union and Japan; and European Union Document No. 7960/18 and Addenda 1 to 11, Proposal for a Council Decision on the conclusion of the Economic Partnership Agreement between the European Union and Japan; and welcomes the proposed signature and conclusion of the agreement.
I am delighted to be here today to debate the EU-Japan economic partnership agreement, although I confess it feels slightly peculiar to be standing here and speaking to the House after three years of silence. The agreement is broad and ambitious, offering excellent opportunities to the UK. The Government have long supported the EPA, and I welcome the opportunity today to set this out in my new role. However, let me first take a moment to thank my predecessor, my right hon. Friend the Member for Chelsea and Fulham (Greg Hands), for all his works as the Minister for Trade Policy and indeed for his kinds words in the previous debate. He did an excellent job in promoting UK businesses around the world and shaping our future independent trade policy—I very much recognise that I have large shoes to fill.
John Spellar (Warley) (Lab)
Will the Minister just give us a list of his achievements?
George Hollingbery
I am not entirely sure whether the right hon. Gentleman is talking about my achievements or those of my right hon. Friend. [Interruption.] The establishment, in conjunction with the Secretary of State, of a brand new Department for International Trade and preparing ourselves for Brexit is evidence in itself—I could list a great many things.
The Government have an overarching commitment to free trade—
Geraint Davies (Swansea West) (Lab/Co-op)
With all due respect to his predecessor, does the Minister accept that there has been no firming up of deals with third countries that we are assured will continue? Furthermore, South Korea, Chile and Australia have already said that they want to renegotiate their deals, so we have been left in a state of uncertainty and without any deals.
George Hollingbery
The fact is that the previous Minister was engaged, as was I, in a great many lines of negotiation with countries that have agreement with the EU. Progress is being made and will continue to be made under this Administration.
The Government have an overarching commitment to free trade, which is a fantastic and progressive means of stimulating economic growth, creating jobs and providing greater consumer choice. The UK has been, and will continue to be, a leading voice in support of free trade globally. We will continue to support the EU’s ambitious trade agenda while we remain an EU member state. As I have just illustrated, this includes some 40 trade agreements, including the EPA with Japan, which we are talking about today. Ongoing UK support for these agreements, including in respect of signature and conclusion of the Japan agreement in July, will send a positive message about our commitment to global free trade, now and as we prepare to leave the EU.
Sir Desmond Swayne (New Forest West) (Con)
Japan has thrived on globalisation and remains one of the most dominant economies in the world. Notwithstanding an ageing population, it has done so without a reliance on large-scale immigration. There is a lesson there, is there not?
George Hollingbery
I think it would be unwise of me to stray into the areas governed by the Home Office, but I will say that in some of the items agreed in this deal, among which is the transferability of labour across borders, Britain’s right to regulate its immigration processes is clearly protected. I should leave that there.
We will continue to support the EU’s ambitious trade agenda while we remain an EU member state. This includes some 40 trade agreements, including the EPA with Japan. Ongoing UK support for these agreements—I recognise that I am repeating myself and I apologise to the House—will send a positive message about our commitment to global free trade, now and as we prepare to leave the EU.
Catherine McKinnell (Newcastle upon Tyne North) (Lab)
Will the Minister give way?
Catherine McKinnell
The north-east is home to 50 Japanese firms, including Nissan and Hitachi, and has a long history of doing business with Japan, with many thousands of good jobs in my region relying on Japanese investment. Does the Minister share serious concerns about the future of that relationship, given warnings by the Japanese ambassador that firms could seek to move that investment and thousands of jobs elsewhere as a result of the UK leaving the single market and the customs union?
George Hollingbery
I thank the hon. Lady for her intervention, but I should point out that there have been a number of large-scale investments by Japanese companies in the UK. Toyota, Nissan and Honda have all recently made large-scale investments. Furthermore, the trade deal that has been negotiated includes increasing access for supply chain elements to the automotive market into Japan in a way in which it has not hitherto been accessible. We should always remember that there are small businesses that will have access to the market that did not realistically have that access before.
Hon. Members will have seen from the Government’s detailed and comprehensive impact assessment that the EPA is estimated to be worth up to £3 billion to UK GDP annually in the long run. UK imports are due to grow by up to £8.4 billion per year in the long run, which reflects reduced input costs for British businesses, which in turn are expected to lower prices for consumers. UK exports will increase by up to £5.4 billion, with the largest gains in the chemicals and automotive sectors.
Geraint Davies
Does the Minister accept that when we technically exit in March there will be no legal obligation for Japan to keep us in this trade agreement, and that after the transition period we certainly will not be in it? There is every risk we will be out in the cold. That just shows we are better negotiating as part of team EU.
George Hollingbery
Clearly, all sorts of scenarios are possible, but the hon. Gentleman will also know that a piece of legislation is coming to this House shortly that lays the framework to ensure that we can continue those arrangements. As I have already said, efforts are ongoing across the piece to go around those 40 organisations and 70 countries with which we already have agreements such that we can continue them after exit.
Wera Hobhouse (Bath) (LD)
Has the Minister tried to find out whether those countries we want to continue to have trade agreements with will want to continue them in the way we want them to do? It seems that there is a good opportunity for these countries to come back wanting much better terms for themselves.
George Hollingbery
The hon. Lady will know that I have had a relatively short time in this post and I have not visited any of those countries she mentions, but a great many efforts have been made. The Secretary of State will attest to the fact that we have visited all of them and they have all demonstrated a willingness to continue the arrangements that we currently have.
Sir Oliver Heald (North East Hertfordshire) (Con)
I welcome my hon. Friend to his new duties. Does he agree that given the scale of Japanese investment in this country, and the fact that Japan likes doing trade with us and we like doing trade with it, it is unthinkable that it would not want to reach a trade agreement with us?
George Hollingbery
Evidently, that is the case, because we are here today discussing exactly that, and there can be no reason to think that that position would not continue beyond Brexit.
Sir William Cash (Stone) (Con)
As Chairman of the European Scrutiny Committee, which recommended that this issue be debated on the Floor of the House, I thank the Government very much on the Committee’s behalf for agreeing to that. It demonstrates that this House of Commons does debate and, if necessary, vote on matters not behind closed doors and with full transcripts. We operate not in the way that the European Union functions but in the proper, traditional Westminster manner, with full transparency. For that reason, I congratulate the Government on holding this debate.
George Hollingbery
My hon. Friend is plainly right: we have debated this matter and are giving it further scrutiny today.
George Hollingbery
I have already taken up nine minutes of the House’s time, so if the hon. Gentleman will allow me, I shall make a little progress.
The treatment of UK services suppliers will be fairer as a result of the EPA and comparable to that of Japanese suppliers. That is good news for UK priority sectors such as finance, postal, telecommunications and maritime.
The national health service, which was discussed considerably as part of the heated debate—as were, indeed, public services generally—is a national treasure. I know all too well the importance that fellow Members and, indeed, the population of the United Kingdom place on the need to safeguard the NHS for generations to come. I share that view and wish to be clear with the House that the delivery of public health services is safeguarded in the trade-in-services aspects of all EU free trade agreements, including the EU-Japan EPA. For the avoidance of doubt, for the UK that incontrovertibly includes the NHS in this agreement.
Although investment protection is not featured in the agreement, investment liberalisation provisions will help to improve market access for British companies. Right hon. and hon. Members should note that the EU and Japan will continue to engage to negotiate a stand-alone investment protection agreement.
For the first time in an EU trade agreement, there is a dedicated chapter on corporate governance, which sees the EU and Japan reaffirm their commitment to the OECD principles on corporate governance. The UK played a key role in agreeing those principles at the 2015 G20 summit. The House should be clear that the inclusion of corporate governance provisions in the EPA does not unduly limit the UK’s ability to act further in this area at national or international level.
The agreement explicitly refers to our commitment to labour rights and environmental standards, and neither party will seek to reduce such thresholds to boost trade.
Angus Brendan MacNeil
I welcome the Minister to his new position and wish the right hon. Member for Chelsea and Fulham (Greg Hands) well for the future.
This is the second time today that we have heard the UK Brexiteer Government welcome the European Union’s trade agreements; it seems that when ideology is put to one side and practicality comes in, the EU does not seem to be at all as bad. Currently, what really concerns the Japanese is the relationship that the UK will have with the European Union, because 40% of Japan’s investments in the EU are currently in the United Kingdom. That has led to considerable nervousness in Japan. As well as this agreement, will the Minister be cognisant of that fact?
George Hollingbery
I take the hon. Gentleman’s point, but I must say that I do not think it is widely relevant to the matter before us. Suffice it to say that the UK Government clearly share concerns that we should have a good and friction-free relationship with the European Union after we have left.
George Hollingbery
Not for now.
The EU’s principled long-term ban on the import of whale products will not be lifted by the agreement, and the UK and the EU remain strongly committed to the international convention on trade in endangered species and the work of the International Whaling Commission.
The UK has a wealth of experience in producing the finest foods and drinks across all corners of the country. The agreement secures the protection of Scotch whisky, Scottish farmed salmon, Irish whiskey, Irish cream, west country farmhouse cheddar and both white and blue Stilton. I am proud that those products are safeguarded by the EPA.
Vicky Ford (Chelmsford) (Con)
I congratulate the Minister on his new role. He is making a strong case for this excellent EU-Japan deal, and we should embrace it. Does he agree that the UK-EU partnership that we will be looking for should be even deeper and better, especially in areas such as digital, services and common standards to facilitate our trade?
George Hollingbery
My hon. Friend is absolutely right: we should seek to do the widest, deepest and most ambitious trade deal that we possibly can.
In the light of the European Court of Justice opinion on competence in the EU-Singapore FTA of May 2017, which helped to clarify the scope of the common commercial policy, the Japan EPA is to be concluded as an EU-only agreement. That means that it will fully enter into force once Japan has ratified it, should the European Council and the European Parliament support its conclusion. I am aware of the implications of this approach on the role of Parliament in the scrutiny and conclusion of the EPA, and of EU-only trade agreements going forward, because it means that ratification by Parliament is not required for an agreement to enter fully into force. I am also acutely aware of Parliament’s interest in the Government’s approach to the scrutiny of future UK trade deals and trade policy. That is one reason why I welcome the opportunity to debate the EU-Japan EPA today, as it rightly ensures that Parliament has the fullest opportunity to scrutinise the agreement, under the current EU scrutiny structure. I am pleased to be able to go beyond what is simply required ahead of signature, in line with the Government’s commitment to transparency.
Owen Smith
I, too, warmly congratulate the Minister on his new appointment. He is making an excellent speech in which he is making a powerful case for the EU-Japan trade deal. I completely concur with the remarks of my hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell) about Japanese trade’s importance to our economy. Will the Minister concede that he can offer no guarantee that post Brexit we will have as good a trade deal with Japan, once we are a stand-alone trading nation?
George Hollingbery
All I can say is that the Government are extremely ambitious in what we want to achieve. We are seeking to achieve that trade deal post Brexit and hope very much that we will. Furthermore, we are pursuing that same opportunity with all the other current signatories to deals across the European Union.
Darren Jones (Bristol North West) (Lab)
I declare my interest on the register and wish the Minister well in his new role. I note that the agreement between Japan and the European Union on the free flow of data has been separated from the free trade agreement. Will the Minister give the House a commitment that we will have the opportunity both to debate the data trade agreement that the EU and Japan wish to negotiate and to explore the opportunities and risks for the UK as part of the Brexit process?
George Hollingbery
It was not possible in putting together this agreement to reach the agreement that we wished for on data. The discussion between the two countries on that is still ongoing, and I have no doubt that the matter will come back to the House in due course.
My Department will continue to work with the European scrutiny Committees to identify appropriate ways to ensure the thorough scrutiny of similar EU-only free trade agreements while the UK remains a member state. The Government are considering the legislative framework for future trade agreements, but they are committed to ensuring that Parliament will have a crucial role to play in the scrutiny and ratification of the UK’s future trade deals when we bring forward proposals in due course.
The EU and UK agreed at the European Council in March that international agreements to which the UK is party by virtue of its EU membership—including, at the time of exit, the EU-Japan EPA—should continue to apply to the UK during the implementation period. Text to that effect was agreed in the draft withdrawal agreement. We continue to advance our dialogue with the Japanese Government on the shape of our future bilateral trade and investment relationship, which will come into effect after the implementation period, and I look forward to making progress as we continue to foster our post-Brexit relationship with the Japanese.
Mr Philip Hollobone (Kettering) (Con)
I congratulate the Minister on his speech and his appointment. On his point about the trade arrangements rolling over to the post-Brexit period, will he remind the House that we were told by the Opposition that that would never be possible—that we would never be able to agree that with the European Union and it absolutely would not happen? But of course the Prime Minister has delivered that.
George Hollingbery
Indeed, my hon. Friend is plainly right.
As Members will know, in August 2017, the Prime Minister and the Japanese Prime Minister, Shinzo Abe, agreed to
“work quickly to establish a new economic partnership between Japan and the UK based on the final terms of the EPA”
as the UK leaves the EU. The UK-Japan trade and investment working group, established last year by the Japan-UK joint declaration on prosperity co-operation, is tasked to deliver on that commitment, and it met for the first time in May.
Laura Smith (Crewe and Nantwich) (Lab)
Does the Minister accept that the investor-state dispute settlement has been excluded from the deal because of the widespread public outcry against it? Will he assure the House that his Government will not seek to include ISDS in any future deal with Japan?
George Hollingbery
As the hon. Lady will know, this is not part of the current agreement because, at this stage, there was not agreement between the two parties on how it should work—it is not because it could and would not work because neither party would agree to it. Therefore, I cannot give her the assurance that she is seeking.
To conclude, the EU-Japan EPA is an excellent agreement for the UK that will benefit UK exporters, importers and consumers. During the implementation period, the United Kingdom will seek to retain access to EU free trade agreements while gaining the right to negotiate, sign and ratify new trade agreements. Japan’s commitment to establish a new bilateral economic partnership with the UK based on the final terms of the EPA is clear.
Colleagues can rest assured that the UK will continue to be a strong advocate of free trade globally, and a defender of the multilateral rules-based system. The Government are committed to a truly global Britain as we leave the EU, where we seize the opportunity to engage with partners around the world in the shared pursuit of prosperity and security. As to future scrutiny arrangements, the Government are clear that Parliament will have a crucial role to play in the scrutiny and ratification of the UK’s future trade deals, and proposals on this will come forward in due course.
The EU-Japan EPA has a positive role to play for the UK, the wider EU and global free trade in general. I look forward to the UK demonstrating our support for the agreement when Council adopts decisions on conclusion and signature, and I urge hon. Members to support the Government’s motion to that effect today.