Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Bill [Lords]

Iain Duncan Smith Excerpts

Report stage
Tuesday 19th March 2024 Commons Chamber

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

New clause 2—Assessment of impact of CPTPP on deforestation and import of certain products—

“(1) The Secretary of State must lay before Parliament a report containing an assessment of the impact of the implementation of the CPTPP on—

(a) the volume of UK imports of palm oil;

(b) the volume of UK imports of tropical wood;

(c) the rate of deforestation in Asia;

(d) the UK’s ability to fulfil its obligations under—

(i) the United Nations Framework Convention on Climate Change; and

(ii) the United Nations Convention on Biological Diversity.

(2) A report under subsection (1) must be published no earlier than a year and no later than 18 months after the passing of this Act.”

New clause 3—Report on the impact and use of the Investor-State Dispute Settlement procedure—

“(1) The Secretary of State must, within six months of the passing of this Act, lay before Parliament a report on the impact of the implementation of the Investor-State Dispute Settlement aspect of the Investment Chapter of the CPTPP on the UK.

(2) A report prepared under subsection (1) must include—

(a) analysis of the likely use of the Investor-State Dispute Settlement procedure in relation to the UK, and the likely impact of such on the UK;

(b) details of discussions held with other signatories to the CPTPP regarding the use of the Investor-State Dispute Settlement procedure in relation to the UK; and

(c) discussions held with, or agreements made with, other signatories to the CPTPP regarding the exclusion or exemption of the UK from any use of the Investor-State Dispute Settlement procedure.”

New clause 4—Report: accession of new states to the CPTPP—

“(1) Before any decision is made by the Government on the accession of a new state to CPTPP under Chapter 30 of the CPTPP, the Secretary of State must publish a report assessing the potential benefits and impact of the accession of that candidate state on the United Kingdom.

(2) Both Houses of Parliament must be presented with a motion for resolution on the report under subsection (1).”

New clause 5—Review: Investor-State Dispute Settlement—

“The Secretary of State must lay before Parliament a review of the financial risk of the implementation of the Investor-State Dispute Settlement aspect of the Investment Chapter of the CPTPP, not more than 18 months after the day on which this Act is passed.”

New clause 6—Impact assessment: environmental standards etc—

“(1) The Secretary of State must lay before each House of Parliament an assessment of the impact of the implementation of the procurement Chapters of the CPTPP on—

(a) environmental standards,

(b) food standards, and

(c) animal welfare standards.

(2) An impact assessment under subsection (1) must be published not less than two years, but not more than three years, after the day on which this Act is passed and every two years thereafter.”

New clause 7—Report on business impact of CPTPP—

“The Secretary of State must, within six months of the passing of this Act, publish a plan outlining the steps being taken to—

(a) measure the impact on UK businesses of the implementation of the CPTPP; and

(b) support UK businesses to benefit from the UK's membership of the CPTPP.”

New clause 8—Impact assessment: labour standards—

“(1) The Secretary of State must lay before Parliament an assessment of the impact of the implementation of the CPTPP Labour Chapter not more than eighteen months after the day on which this Act is passed and every 18 months thereafter.

(2) The impact assessment under subsection (1) must include an assessment of—

(a) the impact on the Government’s commitments to the conventions of the International Labour Organisation;

(b) steps that have been taken to ensure adherence to the conventions of the International Labour Organisation in CPTPP partner countries; and

(c) how the experience and impact of implementation might inform negotiation of future trade agreements.”

New clause 9—Comparative analysis of impact on UK businesses—

“(1) Within three months of the passing of this Act, the Secretary of State must lay before each House of Parliament a report on the impact of the implementation of the CPTPP on the matters listed in subsection (3).

(2) The report must include an analysis comparing the respective situation for each of the matters listed in subsection (3) prior to the implementation of the CPTPP with the situation post the implementation of the CPTPP.

(3) The issues which must be included in the comparative analysis contained in the report laid under subsection (1) are—

(a) tariffs paid by UK businesses to bring in or remove items from the UK;

(b) costs of non-tariff border control measures paid by UK businesses to bring in or remove items from the UK;

(c) inflation in the UK;

(d) the extent of alignment of regulations relevant to UK businesses;

(e) the ability of UK businesses to trade with the EU;

(f) the implications for UK businesses of introducing new trade and climate regulations, including for carbon pricing;

(g) tariff and non-tariff costs facing businesses trading with the EU; and

(h) trade volumes for UK businesses trading with the EU.

(4) Within 10 days of a report being laid under subsection (1) the Government must schedule a debate on the findings of the report in each House.”

New clause 10—Report on economic impact of implementation of CPTPP—

“(1) The Secretary of State must, within six months of the passing of this Act, publish a report on the economic impact of the implementation of the CPTPP.

(2) A report published under subsection (1) must include an analysis comparing the respective situation for each of the matters listed in subsection (3) prior to the implementation of the CPTPP with the situation post the implementation of the CPTPP.

(3) The matters which must be included in the comparative analysis contained in the report laid under subsection (1) are—

(a) the UK’s trade in goods;

(b) the UK’s trade in services; and

(c) UK GDP.”

This new clause would require the Government to publish a comparative analysis of the impact of the implementation of the CPTPP on UK trade and GDP.

New clause 11—Impact assessment: new states acceding to the CPTPP—

“(1) The Secretary of State must prepare and publish a report assessing the impact of the accession of new states to the CPTPP on the United Kingdom.

(2) In respect of states that have submitted a request to the Depositary of the CPTPP to join the CPTPP since 2019, the Secretary of State must lay a report before both Houses of Parliament within three months of this Act coming into force.

(3) In respect of states submitting a request to the Depository of the CPTPP to join the CPTPP following the enactment of this Act, the Secretary of State must lay a report before both Houses of Parliament within three months of a request being made.”

This new clause would require the Secretary of State to provide an impact assessment on the accession of countries that have made and will make a formal request to join the CPTPP.

New clause 12—Impact assessment: UK performers’ rights—

“(1) The Secretary of State must publish an assessment of the impact of the implementation of performers' rights provisions in the CPTPP.

(2) The impact assessment under subsection (1) must include—

(a) consideration of the impact of performers' rights provisions on qualifying individuals in the UK;

(b) an assessment of the reciprocity of rights across qualifying countries;

(c) consultation with such persons as the Secretary of State considers appropriate.”

This new clause would mean the Government must publish an assessment of the impact the performers’ rights provisions in the CPTPP will have on qualifying individuals in the UK.

New clause 13—Review of regulatory impact of implementation of the CPTPP treaty on UK businesses—

“(1) The Secretary of State must, within one year of the passing of this Act, lay before Parliament a report on the regulatory impact of the implementation of the CPTPP treaty on costs to exporting and importing businesses in the UK.

(2) A report under subsection (1) must take account of the existing levels of costs to exporting and importing businesses arising from trade regulations.”

This new clause would require the Government to report on the impact of implementation of the CPTPP treaty on the costs to businesses in the UK. The report would need to take the existing trade costs facing such businesses into account.

Amendment 2, in clause 2, page 2, line 2, at end insert—

“(5) Regulations under subsection (1) may not be made before Government has moved a substantive motion to resolve that the UK Accession Protocol should not be ratified.”

Amendment 1, in clause 5, page 6, line 36, at end insert—

“(7A) The Secretary of State must, after a period of three years from the passing of this Act, lay a report before Parliament containing an assessment of the impact of changes made in this section.”

[Sir Iain Duncan Smith]

It is a pleasure to speak to new clause 1, which is signed by a cross-party group of MPs who all believe that Parliament should have the right to scrutinise trade deals. It seeks to ensure appropriate parliamentary scrutiny of the UK’s position toward the accession of economies that are designated—that word is very specific—as “threats” or “systemic challenges”. It would achieve two things. First, the Government would be required to produce a report assessing the impact of the economy’s accession on the UK, and both Houses of Parliament would have a non-binding vote on the UK’s position regarding the accession of the economy in question. In other words, we would take the temperature of Parliament’s view, even if it disagreed with the Government. That is important, because the public need to know about it, so we should not be frightened of this.

[Anthony Mangnall (Totnes) (Con)]

I thank my right hon. Friend for introducing the new clause. Some of us have been arguing for parliamentary scrutiny of trade deals for the last four years. There is a mechanism in the form of the Constitutional Reform and Governance Act 2010. Is that not the better vehicle, because it has already passed? It also offers a vote, theoretically, for us to be able to scrutinise our trade deals.

[Sir Iain Duncan Smith]

I will come to that in a minute, because it does not, and that is the whole point of the new clause. In the 2023 integrated review refresh, the countries defined as threats were Russia, Iran and North Korea, while China was designated a systemic challenge. The new clause does not directly mention China, but of the eligible countries under the current integrated review, China is the only economy that has applied to join. In fact it is theoretically next on the list to go into the comprehensive and progressive agreement for trans-pacific partnership.

[Mark Garnier (Wyre Forest) (Con)]

I completely understand the point my right hon. Friend is trying to make, but one of the interesting things about being a member of CPTPP is that countries then have a power of veto. That gives us quite a lot of strength to potentially prevent China from joining.

[Sir Iain Duncan Smith]

I enjoy the idea that my hon. Friend puts such trust in Government never to take other arrangements into consideration. We know how that works. It will be fine today with my right hon. Friend the Minister here, but there may be others in charge in future, and I am not sure I would always want to rest my defence in Ministers.

[Liam Byrne (Birmingham, Hodge Hill) (Lab)]

I am grateful to the right hon. Gentleman for giving way and for this new clause. Was he as surprised as I was that when we asked the Secretary of State whether she would block China’s accession to CPTPP she was unable to give us an unequivocal answer?

[Sir Iain Duncan Smith]

I think the right hon. Gentleman makes my point. I sat in Government and all I can say to him is that one cannot always say that Ministers will necessarily do the right thing; rather, they will do the right thing by the Government, which is sometimes not the same. I do not mean to cast aspersions on my party’s Government by any means, but that has happened in the past. I simply want to make the point that China’s potential accession has huge implications for all sorts of things, including because of its immense economic and political influence in the region and the pressures on the UK if we were almost isolated in our observations.

China is not a likeminded party—there may be other countries that are rather similar. It openly seeks to revise the liberal, open and rules-based order and establish itself as a regional hegemon. If admitted, it would be the largest economy and dominant economic and trading partner in the CPTPP, with unrivalled political influence. It could block a future US entry. As we join it is important for us to make way for the US and bring it in, which will help in a whole range of areas. China’s accession would help to cement Beijing’s desired leadership in global trade. I will remind the House that China is next up for the CPTPP, so this is not something conjured up.

China’s entry also risks further increasing economic dependence on it, which is already too high, and building resilience into the Chinese economy to weather sanctioning should tensions over Taiwan escalate, which they almost certainly will. That would run counter to the UK’s strategic efforts to de-risk and maintain the status quo in the region. Serious human rights abuses are and continue to be embedded within Chinese supply chains. China is the most egregious offender in this regard, with its actions on religion in Xinjiang and in Tibet, where slave labour is also practised. Slave labour undercuts the World Trade Organisation and normal trade. Those are good commercial reasons why the membership of any country with the views China happens to have would have a real impact.

China’s accession is unlikely to drive economic reform in the country. There is no political ability to drive such reform under President Xi, who has moved China further away from the spirit of the CPTPP on labour rights protections.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

I have just returned from leading a parliamentary delegation to Lithuania, where my right hon. Friend was talked about by many Lithuanian politicians. They mentioned the leading role he is taking in warning western democracies about the conduct of the Chinese Communist Government. Does my right hon. Friend agree that Lithuania is a very interesting case for us to study, so that we can perhaps learn from how a European country confronts and takes on the increasingly nefarious conduct of the Chinese Communist party?

[Sir Iain Duncan Smith]

It is always kind to be referred to in another country, which leads me to wonder whether I should stand there. [Interruption.] I need no encouragement from those on the Opposition Benches, thank you very much. My hon. Friend is quite right; Lithuania is a tiny country, but rather bravely it has recognised Taiwan and it has come under the cosh from China as a result. I thank him for that intervention.

As I said, this is not a pipe dream. China applied to join the CPTPP on 16 September 2021, and is next in line. It is widely reported that Beijing is already lobbying hard for membership, and that countries previously opposed have softened their line. Australia has done so because it has had trade problems, as we know. All that is required for Chinese accession is for other members to permit it. The current labour regulations would seem to preclude China’s accession, but the risk is there and we should not take it.

An actor-agnostic approach—linking to the integrated review rather than naming any specific actor—would also enable the Government to create a threshold that is reflexive to developments rather than static. That would means that a report, debate and vote would be required only where the integrated review had designated specific economies as threats or systematic challenges. The language in the review is weak in its own right, but none the less it is there.

I want to deal with the CRaG process quickly. The new clause is in line with the Government policy, but exposes a loophole in the CRaG process. There is currently no provision for a debate and non-binding vote on future accession to plurilateral trade agreements. The process would not require the Government to produce an impact report on China’s accession to the CPTPP, nor would it provide for a parliamentary debate or vote. Given the long-term significance to the UK of being in a plurilateral trade agreement where the biggest partner is China, it is appropriate for Parliament to be furnished with an up-to-date, accurate report, and to have the opportunity to consider the matter—after all, there is no other reason why we are here if not to discuss such important matters.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

The right hon. Gentleman makes a good point about some of the weaknesses of CRaG and the need to strengthen it, particularly when there are accessions or other material changes to a treaty to which we are a member. The Public Administration and Constitutional Affairs Committee, which I sit on, has published a report that outlines some of the changes to the way that the Government operate under CRaG. Does the right hon. Gentleman agree that we need to change it so that significant changes to treaties and accessions should always automatically be subject to a report and potential vote in this House? Otherwise, we will sign ourselves up to things without knowing what will happen further along the line.

[Sir Iain Duncan Smith]

I agree. I was not so certain about this, so I looked at what Lord Lisvane, the one-time chief Clerk in the House, said about it. He produced a note on it, which I quote:

“The issue, as I recall, was whether a Motion to approve the PRC’s accession could be amended. Commons S.O. No 24B says that when a Motion in neutral terms (in the judgement of the Chair) is tabled, no amendments to it may be tabled. I think this would probably rule out seeking to amend a simple ‘take note’ or ‘has considered’ Motion.”

I want to emphasise that it is not true that a motion to take note can be amended—that was used in the other place as a defence. The CRaG process does not provide for a vote; it does not even guarantee a debate. That is why the new clause is needed.

Under UK trade policy, it is not unusual for bilateral trade agreements to be subject to parliamentary approval—free trade agreements are routinely subject to it. In response to criticism of the CRaG process in 2021, the Grimstone rule was established, whereby the Government agreed in principle to allow time to debate prospective FTAs where the International Agreements Committee has published a report. I happen to believe that there are Ministers who are keen and happy to have debates—I mention no names, but that is the case. However, I know that the Foreign, Commonwealth and Development Office absolutely opposes them, because it hates to have any serious debates about its prerogative.

[John McDonnell (Hayes and Harlington) (Lab)]

I am pleased that the right hon. Gentleman is keen on debates. On that basis, I invite him to sign my prayer against this treaty, to urge the Government to give us a debate on the treaty as a whole.

[Sir Iain Duncan Smith]

I ask the right hon. Gentleman not to tempt me beyond my new clause. I always happy to look at this issue, and I believe in debate. It is vital, otherwise Governments are never held to account.

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[Daniel Kawczynski]

My right hon. Friend is highlighting the various concerns about China’s conduct and why it should not join the CPTPP. Does he agree that the conduct of the Chinese Government in the South China sea—a waterway through which 60% of the world’s trade passes—where it has stolen hundreds of atolls from Vietnam, Philippines, Malaysia, Indonesia and others, is also a cause for concern?

[Sir Iain Duncan Smith]

It is, although I cannot follow my hon. Friend through Lithuania and the atolls of the far east, because I would be ruled out of order by the Chair. I hope he will forgive me, but he makes a strong point.

I say gently to the Opposition spokesperson, the hon. Member for Harrow West (Gareth Thomas), that it was a Labour Member, Lord Leong, who tabled the amendment in Committee in the Lords. Labour said that it would whip for the amendment if it were reworked to not mention China. Strangely, the new clause does not mention China, so I would have hoped that Labour would support it, but it does not. I understand that Labour has tabled its own new clause.

Parliament should be able to make its voice heard on a matter of such national significance. The new clause does not overturn constitutional conventions by a long way. Having a report, a debate and a non-binding vote would not determine Government policy, but it would determine the House’s view on the elements of this particular trade deal. I note that Opposition new clause 4 also seeks to look at this, but there are other issues that I will not bring up now.

There are elements in the Government who believe that debate is not a bad thing, because it allows them to make their case for why such a trade deal is important. I urge the Government to be positive about this, because being positive about debate in the House of Commons is a restatement of democracy. It allows people to decide whether they agree. More importantly, this is about accession. If those who follow us in seeking to join the treaty are defined as a threat, as they are in the review, that will at least inform the Government. It will also allow the House to pressure the Government over its real concern about what they might be doing. In future, a Government from either side of the House or of whatever form may choose, under pressure from China over economic issues, to let it accede to the treaty. Who knows? I do not say that that is the mood, but it is for Back Benchers to make their point about what the Government should do and for them to take note. In that regard, I commend my new clause to the House.

[Liam Byrne]

It is a pleasure to follow the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith). I will speak in support of new clause 1, which he tabled, as well as the new clauses tabled in the names of my right hon. and hon. Friends.

I welcome this debate and the new clauses and amendments that have been tabled, but I lament the fact that we have not been permitted a full debate on the treaty—something the right hon. Gentleman argued for very eloquently. We needed a debate today not merely on the three chapters of the CPTPP covered by the Bill, but on the full 30 chapters of the treaty, with all the associated annexes and bits of analysis and argument.

I do not want to detain the House for very long, because the Business and Trade Committee went to the length of writing and publishing a report earlier this year. However, I want to underline the point about the lack of scrutiny. Of course, it was the Government themselves, in the Grimstone rule, who said that no new free trade agreements would be ratified by His Majesty’s Government without a full debate on whether we should agree to them. When I asked the Secretary of State on 23 January whether she would agree to a debate under the terms of the CRaG process, she said she would be “happy to support” such a debate. Her officials then wrote to the Clerks on the Select Committee to say that such a debate had been requested, only to be told by the Leader of the House that no time was available. The Leader of the House confirmed that in writing to me last week in a letter in which she said:

“it has not been possible to find time for a debate in Government time.”

The House of Lords is having a debate on the treaty today on the recommendation of the International Agreements Committee, so why can’t we? Are we second-class representatives in this House? Are we unqualified to have a debate on all 30 chapters of the treaty? Are we not qualified to speak, on behalf of the people we came into public life to represent, about how the treaty will affect their future? I think we are. I think we should have a debate on the full treaty.

And I cannot believe that we are out of time. Members will have seen the report in the Financial Times last week, which said that the working day in this Chamber

“has been shorter on average this parliamentary session than in any other in the past quarter century”.

Are we seriously saying that we have not been able to find time for a debate, which it is the Government’s policy to support, on one of the only free trade agreements that His Majesty’s Government have been able to bring forward since we left the European Union?

On Twitter, the Minister—I am a keen follower of the Minister on Twitter, he will be pleased to hear—said last week that there have been four parliamentary debates on the treaty, but I wonder if he is sure about that. When I asked the Clerks on the Select Committee to check that, they were left scratching their heads a little bit. They could not find all four that the Minister referred to. We have to accept that there is no shortage of controversy in the Bill, not least because the Secretary of State herself resiled from the figures that describe the benefits of the treaty to the country.

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

It is always a pleasure to follow the right hon. Member for Birmingham, Hodge Hill (Liam Byrne).

I rise to echo the comments made so eloquently and clearly by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), and to add just a few comments of my own. I have always been in favour of the CPTPP, and, as I said from the Front Bench in 2019,

“It is absolutely essential, particularly given the rise of protectionism globally, that we commit ourselves to a rules-based system based on the WTO. Of course, we have abilities to augment that by other regional relationships, which is why we have had the public consultation and the debate in Parliament about the potential accession to the CPTPP”.—[Official Report, 6 June 2019; Vol. 661, c. 250.]

I have also always believed that the benefits of the CPTPP have been at least as much about geopolitics as about simple import and export numbers. As the Royal United Services Institute put it,

“Joining the CPTPP provides the UK with not just economic benefits, but the means to help define and defend a rules-based order in the face of China’s diplomatic and economic heft.”

At a time of tense relations between China and the United States, the United Kingdom has joined a trade agreement in which neither is present, although the United States was instrumental in its creation—a point to which I shall return later.

The March 2023 integrated review refresh describes the Indo-Pacific as

“critical to the UK’s economy, security and our interest in an open and stable international order. Developments there will have disproportionate influence on the global economy, supply chains”

—that was mentioned by the right hon. Member for Birmingham, Hodge Hill—

“strategic stability and norms of state behaviour.”

The CPTPP, in turn, is about a contribution to the stability of the global trade and investment system.

Within that debate, what do we perceive China’s security threat to the UK to be? In their reply to a report from the Intelligence and Security Committee, in a section entitled “The Strategic Context”, the Government stated:

“China almost certainly maintains the largest state intelligence apparatus in the world. The nature and scale of the Chinese Intelligence Services are—like many aspects of China’s government—hard to grasp for the outsider, due to the size of the bureaucracy, the blurring of lines of accountability between party and state officials, a partially decentralised system, and a lack of verifiable information.”

They also stated:

“The Chinese Intelligence Services target the UK and its overseas interests prolifically and aggressively. While they seek to obtain classified information, they are willing to utilise intelligence officers and agents to collect open source information indiscriminately—given the vast resources at their disposal…To compound the problem, it is not just the Chinese Intelligence Services: the Chinese Communist Party co-opts every state institution, company and citizen. This ‘whole-of-state’ approach means China can aggressively target the UK”

—and UK interests, wherever those interests are globally. Sadly, we have discovered that to our cost in many of our governmental institutions here.

The question, given all that, is this: could China actually be admitted to the CPTPP, and if it is theoretically possible, how likely is it? I think it instructive to look first at the experience of the World Trade Organisation, a brief that my right hon. Friend the Minister and I shared over several years of my extremely enjoyable time working with him at the Department for International Trade. When China acceded to the WTO in 2001, the west saw it as promising and promoting economic and political reform. It was a time of great optimism that the Chinese communist system could be pulled in a direction that would be advantageous to, and in the interests of, the west. However, Jiang Zemin, the Chinese leader at the time, claimed that the motive of the United States in all this was to

“westernise and divide socialist countries”.

Thus the WTO itself was heading for a stalemate in its direction of travel almost from the point at which China acceded to it.

This has added to other WTO problems—and I mention that because we need to look at the CPTPP within the wider trading framework. The WTO’s problems have been compounded by its adoption of the concept of unanimity, while its rules talk about consensus. If consensus and unanimity meant the same thing, there would not be two different words for it in the founding documents. This has meant that virtually any country in the WTO now exercises a right of veto, which has prevented us from moving forward in what we perceived to be a process of genuine liberalisation of global trade.

[Sir Iain Duncan Smith]

I apologise for interrupting my right hon. Friend’s excellent speech. The key was, we were told at the time, that the move would change China, and that persuaded the Government, but what we have found is that China is now changing the terms of the debate, because it has not changed at all—it has got worse. Is that not a very good reason why we need to debate these issues whenever we can?

[Sir Liam Fox]

My right hon. Friend is entirely right. As I observed at the time, President Clinton took the view that the treaty was the best hope that the west had of pulling China into a much more market-orientated, rules-based economy, where we could gain the benefits of a more liberal, global economy, but that is not how it turned out. We have had only one multilateral treaty since the WTO was created, the 2017 trade facilitation agreement.

There is a hierarchy of agreements that we can secure in terms of liberalisation. A multilateral agreement is the best, but given the effective veto that countries have, that is unlikely, and it is very unlikely to give us the benefits that we would like to see, especially the liberalisation of trade in services. The next best is a plurilateral agreement, the next best after that is a regional agreement, and then we are down to what some people would unkindly describe as the bargain basement of bilateral FTAs. All those are useful in creating a more liberal global trading environment. However, if China were to seek to join the CPTPP, it would need to commit itself to liberalisation in line with CPTPP requirements, which would require a reduced role for the Chinese state. If anyone who keeps an eye on current affairs thinks that the Chinese state is tending in the direction of a smaller influence, they are watching different news outlets from the ones that I am watching.

China could, of course, seek a bespoke agreement to join the CPTPP, but the UK has already set the precedent by joining on current terms. Even if China could join the CPTPP, could it be trusted to meet any of the conditions of accession? Although Chinese leaders have declared their willingness to meet the conditions, many countries are extremely sceptical, given China’s behaviour as a WTO member. China has a poor record when it comes to complying with WTO rules and observing the fundamental principles of non-discrimination, openness, reciprocity, fairness and transparency on which the WTO agreements are based. China’s subsidies over capacity, intellectual property theft and protectionist non-market policies exacerbate distortions in the global economy, and—even more worryingly—China’s use of trade as a tool of coercive diplomacy has raised concerns further, especially given its behaviour towards Australia and Japan. This is not the sort of partner we should be wishing to join us in the CPTPP, unless there are previously unimagined changes in behaviour.

Finally, a word, if I may, beyond this Chamber to our US colleagues: I believe that the decision to leave the CPTPP by the United States was a mistake. It removed from United States policymakers a tool in its strategic ability to shape events in the region. UK accession provides an opportunity for the United States to seek to join this new grouping and gain greater direct influence over China trade relations with the fastest growing economic zone in the world. These are all reasons why we must keep a very close eye on what happens with China and our new membership of the CPTPP. We have gained a great deal; we cannot afford to have it thrown away, by ourselves or by others.

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[Anthony Mangnall]

It is a privilege to follow the hon. Member for Kingswood (Damien Egan), and may I congratulate him on his maiden speech? It is somewhat frustrating, as one of the younger Members on the Conservative side of the House, to find new Members turning up who look fresher, healthier and readier for the fight. He also managed to unify the House when talking about potholes; I do not think he will find any disagreement on that subject. He comes to this place with a huge amount of experience, not just from fighting other seats, but having been Mayor of Lewisham, where he did extraordinary work on community land trusts that Members from across the House have commented on and would like to follow in our constituencies. I am sure that his family are somewhere in the Gallery and will be proud of his maiden speech. He has done very well.

I would like to make a few remarks about CPTPP, the tongue-twister that seems to have made many Members of this place fall sideways. We should start by recognising what the United Kingdom has managed to do over the last four years. We have recognised the global ambition of fulfilling our trade objectives. We have succeeded in joining CPTTP, but we have also secured deals with Japan, Australia, New Zealand, Norway, Iceland and Liechtenstein, as well as joining the Singapore digital partnership. I spend my life repeating the fact that we have made those deals; it is important that we recognise their true value, not just to GDP, but to businesses, the economy, the environment and business people across the United Kingdom and, indeed, the world. It shows that we are determined to fulfil our promise and commitment to sign deals to bolster our position in the world. Of course, negotiations are also under way with the Gulf Co-operation Council, Israel and others.

In joining CPTTP, we are signing a deal with the fastest-growing region in the world. Now that we have tariff-free trade relations, the UK is set to increase trade with the countries in CPTTP by £37 billion by 2030. It is a market worth £110 billion to UK trade. With growth at 8% between 2016 and 2019, UK membership is only expected to boost that figure. Conservative figures—I say “conservative” because I feel that they are underestimates—suggest that there will be a £1.8 billion increase to GDP and an £800 million boost to take-home pay for workers. Additionally, estimates are that trade with the 11 members will increase by an average of 65%, with the west midlands, Scotland and Northern Ireland benefiting most, so I look forward to hearing the SNP’s point of view, and whether it will support the Bill.

As has already been mentioned, the point of this deal is that it allows us to have tariff-free trade in goods. CPTPP has new product regulations, expands our role and opportunities for services, and ensures mobility for business people. Digital trade will be enhanced and intellectual property enshrined, with benchmarks created by the United Kingdom, and the CPTPP has sustainability at its core. However, I would like to focus my remarks on new clauses 1 and 4.

It has been my cause, war or campaign—however one wants to phrase it—over the last four years that Parliament should do better on our trade agreements. We should spend more time scrutinising and debating them. It is always a source of frustration that when we have debates on trade, so few people show up. The ability of this House to explain the value of a trade deal to our constituents, to justify its economic value and to talk about the potential security risk is diminished when we do not have opportunities on the Floor of the House to discuss the merits or demerits of any trade agreement.

I disagree with new clauses 1 and 4 not because I am being belligerent, or because the Whips have me under the cosh, but because we need to focus on reforming the Constitutional Reform and Governance Act 2010. Parliament cannot opine on every single international treaty. My right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) made a point about whether accession to CPTTP should be debated on the Floor of the House. There could be no limit to that, but he did not explain—I will let him intervene if he wants to—how he would get around the royal prerogative issue; international trade agreements are not in the hands of Parliament, but in the hands of Government Ministers. That was not considered in his remarks.

[Sir Iain Duncan Smith]

I agree. I could have taken this even further, but my point is that the Foreign Office dislikes any idea of debate and discussion. However, we have a Trade Department, which needs to be imbued with the power to ensure that debate happens. I am completely in favour of just punching through the nonsense and the poor use of the prerogative.

[Anthony Mangnall]

I understand that, but I feel that punching through on this occasion would be the wrong approach. I agree with my right hon. Friend that the Foreign Office’s appetite for us debating these issues in this place should not matter one jot, because it is our right as parliamentarians to discuss free trade agreements and whether they work. Respectfully, I say that the mechanism for ensuring that we get better trade agreements, and can be reassured about their economic value and benefits to the British people and our national security, has to be achieved by upgrading the Constitutional Reform and Governance Act.

The hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) made an excellent point when he referred to the Public Administration and Constitutional Affairs Committee report’s recommendation on enshrining a methodology to ensure that CRaG operates within 21 sitting days, and that a meaningful vote is held at the end of that period. If that were ever to take place, it would be meaningful, because it would delay the signing of any free trade agreement by 21 days.

[Anthony Mangnall]

The hon. Gentleman and I served for a long time on the International Trade Committee, as it was previously known, and I should start my response to him by paying enormous credit to the Secretary of State, who came in front of the Committee a number of times, and who wrote to the Leader of the House to ask for time to debate CPTTP within the CRaG period. I am afraid that my ire and irritation at our not having secured that time must now be focused on the Leader of the House, but the hon. Gentleman is right to say there are simple steps that we can take to make sure that this House is properly briefed on these issues. One of them—I absolutely declare my interest—would be to give Privy Counsellor status to members of the Business and Trade Committee. I do not think anyone would disagree with that suggestion. It would certainly be a very popular move, and when it has been mentioned in the Committee, it has been welcomed with open arms. I am glad that it has the approval of the House. But, in all seriousness, there has to be a set process and the CRaG mechanism allows us that opportunity if done properly. It is there and it must be reformed, regardless of who is in government. It is in the interests of the entire House to amend and implement CRaG.

[Sir Iain Duncan Smith]

I fully agree with my hon. Friend’s wider purpose, but I come back to the point that Lord Lisvane made very clearly, which is that we still do not have the ability to debate the entry of a security risk country. He pointed out that CRaG does not do that because of its nature. I agree with my hon. Friend’s wider point that CRaG must be reformed, but we have a Bill going through the House at the moment and this is a better time to at least get a foothold in that debate rather than say that we will do it another time.

[Anthony Mangnall]

I really do accept the point that my right hon. Friend makes—how could I disagree when he is making that absolutely essential argument on national security. But what he is asking for might be viewed in very different terms by the other 11 members of the CPTPP. There are standards to join the CPTPP in the first place that would prevent China from joining unless it improved its act. He has talked about the lessening of appetites in places such as Australia for China to join. I am not sure whether that is the case, but there is a standard within the CPTPP that would prevent China from joining, and as my hon. Friend the Member for Wyre Forest (Mark Garnier) has already remarked, we have a veto in this instance. I think this is more about ensuring that we have a debate and a vote in this place on the values of a trade agreement. If we are worried about a new accession to the CPTPP, it is for us to make that case to the Secretaries of State in the Foreign Office and the Department for Business and Trade, and for them to go back to the other 11 countries and make the case in that way.

--- Later in debate ---

[John McDonnell]

I congratulate my hon. Friend the Member for Kingswood (Damien Egan) on his excellent speech. He mentioned that he has been elected at the tail-end of a Government and that an election is coming soon. I reassure him that the diligence he has already demonstrated in this House and his constituency should secure his re-election. It is wonderful to hear a Member speaking for a constituency with its accent.

I will address amendment 2 and new clause 8, although I support virtually every amendment that has been tabled, which shows the weakness of the process by which we have examined this treaty. I have been involved in discussions with the Secretary of State and the Minister over a number of months on ISDS, and I am concerned about the contradiction between their refusal to secure a side letter with regard to this treaty and what happened with regard to Australia and New Zealand. The negotiating brief for the Canadian free trade agreement also had a specific remit to prevent an ISDS process. I have never got to the bottom of that contradiction.

Amendment 2 follows our lengthy debate about the scrutiny of treaties. I have not given notice to the hon. Member for Hazel Grove (Mr Wragg) that I will be referring to him in the Chamber, although I am not sure that we have to give notice ahead of praising, rather than criticising, another Member. I am a member of the Public Administration and Constitutional Affairs Committee, which he chairs, and he has become the 21st-century Walter Bagehot, with a solid mixture of Trollope. He steered our discussions on the formal process for examining treaties with immense skill, drawing on a range of evidence that led to consensus—there is almost consensus in the Chamber at the moment—and this is what our report says:

“CRAG has been an insufficient legislative tool to facilitate meaningful Parliamentary scrutiny of treaties… the current legislation provides only a passive role for Parliament and as such there is no opportunity for Parliament to express its explicit approval or disapproval of a treaty.”

That is a common theme of all the debates. We have to do better than this.

Having read the report, the worry is that the Government have not responded positively by trying to get some order, particularly on the early negotiating processes and the debates that should take place. The Committee’s general view on this treaty, like the others, is that Parliament has been largely bypassed. We were offered no say on the Government’s negotiating objectives at the earliest stage, which is important, and no oversight of the negotiations as they progressed. Now we are refused a vote on the final terms of accession. This is not acceptable as a democratic process. The formal CRaG period, under which we can nominally have a say on the agreement, concludes this Friday, after a 21-day period. We are offered no vote or even a debate on the substantive terms of the CPTPP during this period, and accession is likely to receive our consent without any of us being given a single vote.

As I mentioned to the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), I have tabled a prayer to try to secure a time extension to enable the Government to bring forward time for a debate. My view is exactly the same as his: we are debating a narrow, technical, implementing Bill and that is no substitute for a confirmatory debate and vote on the accession itself. I agree with the Chair of the Business and Trade Committee, who has raised this issue with the Government in correspondence over the past two weeks. It is preposterous for the Government then to say with a straight face that there is not parliamentary time to have such a debate, given our current sitting arrangements. Those who have been here for as long as me, or perhaps even longer, will know that there has not been a problem on parliamentary time in the past, as we have simply found the time and sat and gone through the business when it is so important.

My amendment 2 seeks to address that wrong by formalising a requirement for the Government to ask for Parliament’s consent for the UK’s accession to the CPTPP. That is a basic democratic point of principle. If the Government do not accept that, I come back to the urgings of Members from across the House and say that I hope the Government will take seriously the recommendations of the PACAC report for reform of the process overall. We are dealing with an undemocratic structure. The PACAC report’s incredibly practical proposals are for a sifting process, a sifting Committee, the identification of treaties that require longer consideration and giving the House itself a proper process of democratic scrutiny and democratic decision.

I shall deal briefly with new clause 8, which stands in my name and deals with the labour chapter of the CPTPP. I have raised this issue before, and the point has been made by a number of colleagues, the TUC, in particular, and various other campaigning organisations throughout this ratification process. The labour provisions of the CPTPP are outdated and inadequate. This treaty will include a number of countries, some of which have been mentioned, with the prospect of others joining, where abuses of labour rights are widespread. Putting in place effective labour provisions is therefore vital in any treaty we undertake.

That view has been expressed across the House for a number of years now, but let me give some examples. In Brunei and Vietnam, independent trade unions are banned—they are not allowed legally to operate. In Malaysia, which has been mentioned in our previous debates, forced labour has been documented extensively. That issue has been raised in this House time and again.

In that context, it is crucial that the CPTPP’s labour provisions are readily enforceable and are linked to the removal of trade preferences, to ensure that membership does not lead to a race to the bottom on labour standards, exactly as the right hon. Gentleman said. I agree with him on the fear about China, because union colleagues of mine from Hong Kong, whom I have worked with for decades, are in prison at the moment purely and simply because they are trade unionists and have stood up for democratic rights.

[Sir Iain Duncan Smith]

The point I was trying to make is that there is also an economic issue here. If China practises slave or forced labour, as it does on a wide scale, it undercuts all the reasonable labour. One good example is that the UK is desperately trying to get more solar arrays, but the polysilicon that is critical to those is mined in Xinjiang under slave labour conditions. No wonder everybody else is undercut, but we still pay for this.

[John McDonnell]

It is a point of economic principle that such things will occur if we do not have proper rights or regulations installed, or the appropriate sanctions when anything takes place. At the moment, those are not contained in the treaty. One member state can challenge another for failing to uphold labour rights, but, as we have seen time and again across various treaties, it is notoriously difficult to prove that such failure has affected trade. To challenge those labour practices, we have to demonstrate the effect on trade, but, under current provisions, that is almost impossible to do.

The International Trade Union Confederation has rightly pointed to the ability of states to buy their way out of issues via dispute settlement, as the amount of compensation has been calculated time and again as a fraction of the violation’s impact on trade. So the sanctions do not work, and they will not work under this treaty.

--- Later in debate ---

[Greg Hands]

My right hon. Friend also played a really important role in getting CPTPP through. I remember our joint visit to Vietnam in 2021, when we argued for Vietnamese support. He is right to say that it is important to remember that the UK has never lost an ISDS case. Equally, it is important for us to protect UK businesses operating abroad. They provide jobs and secure livelihoods at home. I find it astonishing that the Opposition, as they lurch ever leftwards, seem to forget that the whole time.

I can assure the House that the UK already has investment agreements containing ISDS provisions with around 90 trading partners, including seven of the 11 CPTPP parties. The UK provides a welcoming investment environment with a non-discriminatory regime, strong rule of law and good governance. We are clear that, where we negotiate ISDS, we will not hinder our inherent right to regulate in the public interest, including in areas such as the environment and labour standards.

I turn to new clauses 7, 9, 10 and 13, which focus on the impacts that this deal will have on our businesses and our economy. The Government want UK businesses to benefit from the ambitious provisions in the CPTPP as far as possible after we accede, and we are working to raise awareness of the agreement and ensure that businesses have the knowledge they need to take advantage of the opportunities that CPTPP will present when it enters into force for the UK.

New clause 8, tabled by the right hon. Member for Hayes and Harlington (John McDonnell), focuses on labour standards. I notice that there is no official Labour amendment focusing on labour standards. Maybe Labour does not care about labour any more, but I know that the right hon. Gentleman does. The CPTPP labour chapter includes binding provisions on fundamental labour rights and on hours of work, health and safety, and minimum wages. It reaffirms CPTPP parties’ obligations as members of the International Labour Organisation and requires that parties do not waive or derogate from their domestic labour laws in order to encourage trade or investment.

Amendment 2, also tabled by the right hon. Member for Hayes and Harlington, relates to the conformity assessment regulations referenced in the Bill. The amendment would allow changes to the conformity assessment regulations only following a motion to resolve against the ratification of the UK accession protocol first. I just think it would be unwise for us to pass an amendment to resolve against the ratification of UK accession in advance.

This has been a wide-ranging debate, and we have debated important issues. I particularly want to minute my thanks to my right hon. Friend the Member for Chingford and Woodford Green, who has rightly raised important questions about our trade with China, and to other right hon. and hon. Friends who have supported the process of the UK acceding to CPTPP.

I do not want to tempt fate, but this might be my last chance to speak on our accession in this House before the UK formally ratifies joining CPTPP. I and, I believe, the whole Government passionately believe that CPTPP offers a great future for the UK, and I have seen our accession through from being a novel idea in 2017 to ratification, and hopefully accession, in 2024. Not many of us in this place have been able to do that over a seven-year period, and I am grateful to all my ministerial colleagues, successive Prime Ministers who have supported CPTPP and my excellent Department for International Trade and Department for Business and Trade officials for being with me on this very exciting journey.

[Sir Iain Duncan Smith]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 4

Report: accession of new states to the CPTPP

“(1) Before any decision is made by the Government on the accession of a new state to CPTPP under Chapter 30 of the CPTPP, the Secretary of State must publish a report assessing the potential benefits and impact of the accession of that candidate state on the United Kingdom.

(2) Both Houses of Parliament must be presented with a motion for resolution on the report under subsection (1).”—(Gareth Thomas.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.