My hon. Friend is absolutely right; this is not a case of America wanting to push everything through and Europe wanting to stand in the way. There are vociferous supporters of TTIP on both sides of the Atlantic, but there are also those who have genuinely held concerns, not only in left-wing organisations, but in some business organisations, among some people, such as those I mentioned, who are certainly not left-wing politicians in this place, among trade unions, and in that well-known bastion of left-wing activism the British Medical Association, although the Government have dismissed it in those terms previously.
We are talking today not specifically about the merits or demerits of TTIP and its associated potential agreements, but about where decisions should be taken on whether TTIP goes ahead. It would be a bit ironic if Members who have taken the time to come here to take part in the debate on whether we should have a debate on TTIP voted at the end of the afternoon not to have a debate about it. I am therefore assuming that there will be no need for a Division.
Concern has been raised about the ISDS, which we are told has now been completely replaced by the international court of something or other. We do not know exactly how that is going to operate as yet. My question is: why is it needed? Ordinary citizens who are aggrieved about the actions of the Government in their own country can try to rectify that through the democratic process, and I commend 38 Degrees for making that a bit easier for those who cannot afford their own lobby consultants. If they feel aggrieved that the Government have acted in a way that is against the law, ordinary citizens have recourse to the legal system within their own country or within the country of the Government whom they think has acted against them. The legal system is imperfect and so is the parliamentary democracy system, but they are available to ordinary citizens. Why does a big multinational company need a further line of recourse which is not available to ordinary citizens? Why does a citizen whose family were hounded out of Zimbabwe in fear of their lives not have recourse to compensation through the international courts, yet a multinational company that is unhappy that its profits from selling tobacco in some countries may be reduced has access through an international tribunal? Why do ordinary citizens not have that? Why is that tribunal needed in the type of country that we claim to be, where there is a mature legal system, and the courts system is designed to be impartial and to give everybody a fair hearing? If the concern is about southern Europe, I point out that the nations of southern Europe are part of the European Union.
I find the hon. Gentleman’s comments fairly imperialistic, because the implication would be that we do not need this sort of mechanism in a deal with the United States, because we have mature legal systems, but if we are having these deals with a third world country, we may need it. I find the comment odd.
The point I am making is that there could be concerns about the maturity of the legal system of some countries with which we might want to enter into international agreements. The example given earlier was countries in southern Europe, but the last time I checked they were part of the European Union. If they are acting in breach of a treaty that has been signed up to by the EU, I would have thought that there would be recourse through the European courts. If there is not, perhaps that needs to be looked at. I fail to see why it is necessary to have a separate form of recourse for companies that want to sue sovereign democratic Parliaments and Governments, one that is not made available to citizens of the countries who have elected those Parliaments in the first place.