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

Lord Alton of Liverpool Excerpts

Report stage
Tuesday 16th January 2024 Lords Chamber

Moved by

[Lord Alton of Liverpool]

5: After Clause 5, insert the following new Clause—
“Report: accession of the People’s Republic of China to the CPTPP(1) Before any decision is made by the Government of the United Kingdom on the accession of the People’s Republic of China to the CPTPP under Chapter 30 of the CPTPP, the Secretary of State must publish a report assessing the impact of China’s accession on the United Kingdom.(2) Both Houses of Parliament must be presented with a motion for resolution on the report under subsection (1).”Member's explanatory statement
This amendment seeks to allow for parliamentary scrutiny of the prospective accession of the People’s Republic of China to the CPTPP - the Government of which has already applied to join, and whose application is to be considered. Scrutiny of future accessions is not provided for in the bill or through the CRaG process.

[Lord Alton of Liverpool (CB)]

My Lords, I am grateful to your Lordships’ House for giving me the opportunity to address this issue again. It is an amendment which I laid before Committee, and it was very ably moved there by the noble Lord, Lord Leong. I was grateful to him for doing that. I also thank the Minister, who was good enough to have a meeting with me only last week to discuss the terms of the amendment to see if any agreement could be reached. I should also express my thanks to the co-sponsors of what is an all-party amendment: the noble Baroness, Lady Kennedy of The Shaws, the noble Lord, Lord Purvis, and the noble Lord, Lord Blencathra, who is on his way from Cumbria but hopes to be here before the conclusion of the debate; we shall see. I also heard from the noble Baroness, Lady Jones, that this is something that the Greens support, and I see that a letter has been sent to Conservative colleagues today by the former leader of the Conservative Party Sir Iain Duncan Smith MP. He says that the amendment remedies the problem in a proportionate way that goes with the grain of government policy.

What is the problem that we are trying to solve? That is what I want to address. When the noble Lords, Lord McNicol and Lord Purvis, made excellent interventions from their respective Front Benches in Committee, they underlined the need for parliamentary scrutiny. That is what this amendment is all about. It is straightforward and non-binding on the Government, but it enables both Houses of Parliament to debate, vote and give their advice on an issue of considerable importance involving geopolitics, strategic dependency and national security.

For the purpose of transparency, I should refer to my non-financial interest in the register that I have been sanctioned by the People’s Republic of China, along with six other parliamentarians, including the current Security Minister, a former leader of the Conservative Party, and a current Minister from the department of the noble Lord, Lord Johnson, Nusrat Ghani MP. Of course, in your Lordships’ House, my colleague the noble Baroness, Lady Kennedy of The Shaws, has been sanctioned too. In my case, it was for speaking out against the Uighur genocide, the use of Uighur slave labour in Xinjiang, the destruction of Hong Kong’s democracy and the incarceration of more than 1,700 pro-democracy supporters, including the British citizen and businessman Jimmy Lai, a case that I raised earlier today with the Foreign Secretary. Therefore, I guess that I am not agnostic about the PRC and its mendacity.

As I indicated in a recent debate, I believe that our parliamentary Intelligence and Security Committee, reflecting the work of this House’s own International Relations and Defence Select Committee and the House of Commons Foreign Affairs Select Committee, was right to warn us of the dangers posed by the People’s Republic of China. In truth, the Government have still not resolved the problem of what the noble Lord, Lord Patten of Barnes, calls “cakeism”. He used that word in evidence to our International Relations and Defence Select Committee. What he meant by that was that we wanted to deepen our trade links—something that the noble Lord, Lord Johnson, pursues with great alacrity—but simultaneously we want to identify the threats and challenges to our security, including infiltration and subversion of institutions, even CCP spies operating across Parliament. This amendment would provide parliamentarians with the opportunity to probe whether the Government have acted with due regard to questions of national security and our long-term interests.

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[Lord Johnson of Lainston (Con)]

My Lords, I am grateful for this debate and I have the greatest respect for my noble friend Lord Alton, who, over the years, has demonstrated his significant level of passion on this very important matter, as have many other noble Lords today. I do not want to deviate from the important points I wish to make relating to this CPTPP Bill, so forgive me if I do not necessarily answer all the questions that have been presented in relation to some of the topics raised. However, I would like to say, very importantly, that I clearly personally strongly reject the sanctioning of our parliamentarians. We have made it very clear before that China’s attempts to silence those highlighting human rights violations at home and abroad, including, and specifically, their targeting of MPs and Peers here in the UK, are unwarranted and unacceptable. I begin discussion on this amendment with that very important statement.

I turn to the debate around the CPTPP. As I have made clear throughout the last few stages of this Bill, in joining CPTPP, we are securing our place in a network of countries that are committed to free and rules-based trade, which has the potential to be a global standard setter. CPTPP acts as a gateway to the dynamic and fast-growing Indo-Pacific region and delivers on last year’s integrated review refresh to continue to enhance our relationships in that region. I stress this point, which was raised, I believe, by the noble Lord, Lord Purvis. Expansion of this agreement’s membership will only bring further opportunities for British businesses and consumers.

On potential new accessions, there are currently six economies with applications to join the group: China, Taiwan, Ecuador, Costa Rica, Uruguay and Ukraine. China’s application, alongside the applications of the other five economies, is at the outset of the application process and has certainly not been determined. As noble Lords are already aware, the CPTPP is a group of 11 parties and will become 12 when the UK accedes, and decisions must be taken by consensus of the CPTPP parties. However, it has been agreed within the group that applicant economies must also meet three important criteria: they must meet the high standards of the agreement; they have to have demonstrated a pattern of complying with their trade commitments; and they must command consensus of the CPTPP parties. These are very strong criteria, and I hope that all Peers on all sides of the House hear this very clearly.

As a new member of the CPTPP group, it is right that we work within the principles of the group to achieve a consensus decision, rather than give our own individual narrative on each applicant, such as through the report proposed in this amendment. My kinsman and noble friend Lord Hamilton made a very strong point in support of that. As I indicated previously, the UK is already closely involved in discussions on this topic but will have a formal power to oppose an application only post-ratification. It is therefore crucial that we ratify the agreement and become a party, so that we can work with CPTPP members decisively on each current and future application. I stress that to be drawn in on individual applicants now, ahead of the UK becoming a party to the agreement, could risk significant repercussions to our own ratification, which is why this is such a sensitive and important issue.

The UK becoming a party of the CPTPP is dependent on CPTPP parties individually choosing to ratify the UK’s accession, so it is not in our interests to step outside the group on such a sensitive issue. As I have been clear throughout our debates, we must join first so that we are on the inside judging other applications, not vice versa. It is therefore crucial that the UK ratifies the agreement, which will in turn trigger other ratifications that will allow us to become a party.

I want to be clear that our own accession working group was successful because we are demonstrably a high-standards economy with a strong track record, we made a market access offer of the highest standard, and we garnered the support of every party for our accession. Our accession process has set a strong precedent: the robust experience the UK has been through has reinforced the high standards and proved the bar is not easy to meet.

Comments were raised about state-owned enterprises. I will give noble Lords an anecdote from the negotiating team, as I understand it. We received a great degree of scrutiny over the relationship between Channel 4 and the Government, which few people, I think, would necessarily equate with the concept of a state-owned enterprise. I hope that that demonstrates the sort of inquiry that was behind our own accession.

I also reassure the noble Lord, Lord Alton, and everyone else who participated in this debate, that the accession of new parties after the UK has joined will entail a change in the rights and obligations of existing parties. Any new agreement requiring ratification by the UK would therefore be subject to the terms of the Constitutional Reform and Governance Act 2010. So, if he will allow me, I push back against the noble Lord and his suggestion—I think the noble Lord, Lord Purvis, also suggested it—that there is no track for the CRaG process to be triggered should a new party be able or about to accede to the CPTPP.

[Lord Alton of Liverpool (CB)]

The Minister made an important point, so I will press him on it, as I did during the meeting we had with officials. Can he confirm that the CRaG process does not provide for a vote in either House of Parliament?

[Lord Johnson of Lainston (Con)]

I am grateful to the noble Lord, but, if he will allow me, I will continue with my comments on what this process will involve. As noble Lords are aware, the CRaG process requires that the treaty text and an Explanatory Memorandum be laid before Parliament for 21 sitting days before ratification can take place. Under CRaG, either House can resolve against ratification of a relevant treaty within the 21 sitting days of the treaty being laid before Parliament. The House of Commons can continue, indefinitely, to resolve against ratification, in effect giving the Commons the power to block ratification. I hope that that answers the noble Lord’s question.

These are clearly quite dramatic actions to take on behalf of both Houses in relation to the CRaG process, but the point is that the levers are available. While there is no explicit up/down vote built into the CRaG process, there are multiple ways in which a debate can be brought to the Floor of the House. Should it be the will of the House to have a substantive debate, I am sure that Parliament would ensure that it would occur. I believe that that is referred to as the Grimstone principle.

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[Lord Johnson of Lainston (Con)]

I am grateful to the noble Lord, Lord Purvis, but it may surprise him to know that we are not yet fully acceded or party to CPTPP. As soon as we are, it is absolutely right that we make comment on other countries, but only after the process and we have joined. To include an amendment in the Bill now would be completely inappropriate, as I hope I have made clear. I think it would cause significant issues in this overall process.

I return to the point on which it is important to reassure the House. The House is looking for reassurance about whether any country can be sneaked under the wire to join CPTPP, and the clear answer is that it cannot. We have made clear commitments to clarify the process from the Dispatch Box to ensure that we know, as Members of this House and of the other place, that there will be a robust process around any new party joining CPTPP.

[Lord Alton of Liverpool (CB)]

I am very grateful to the Minister, but I am trying to get clarity to see whether we need to divide the House. He has not answered the question I asked. He has said that there could be a process by which there could be a debate on the Floor of the House if the Government permitted it. All that would be welcome, if it was permitted. My question was whether such a Motion would be divisible. Would there be a chance for Members of both Houses to vote? When I asked that question during the course of our meeting, the answer I was given was no.

[Lord Johnson of Lainston (Con)]

I thank the noble Lord for his comment but I feel he is being slightly unfair to me. I am describing the CRaG process, and the Grimstone principle makes clear what will happen if there is a desire for a debate and parliamentary time allows—I am obliged to use those caveats, as your Lordships can imagine, but frankly it would be astonishing if there was not a significant and strong debate over any country joining CPTPP. As I said, and as the noble Lord will know from his experience, the House of Commons can continue indefinitely to resolve against ratification, in effect giving the Commons the power to block ratification. I think that is a very significant and probably quite considerable device that would enable the noble Lord to feel reassured on that point.

The question is whether a new party joining CPTPP would trigger the CRaG process. In our view, it absolutely would, which gives enormous power and scrutiny to both Houses in ensuring that there is a proper debate on that. It is important to note, as I think was mentioned by the noble Lord, Lord Berkeley, that, in the event of the CRaG process being triggered, I would expect the Business and Trade Committee or the International Agreements Committee to request a debate, and that the Government would seek to facilitate this, subject to parliamentary time, as under the Grimstone principle, which we have covered.

I would like to come to a conclusion here. I note the important contribution made by the noble Lord, Lord Kerr, in Committee. He commented that he did not believe that this amendment was “necessary or desirable”, and recognised the importance of unanimity among members. I want to bring us back to that point. We are now part of a group that has attracted interest across the world.

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[Lord Johnson of Lainston (Con)]

I am very grateful to my noble friend for that comment. He is absolutely right that the Business and Trade Committee and the IAC are able to request a debate, which, as I said, according to the Grimstone principle, we would always seek to facilitate, given parliamentary time.

I should like to come to a conclusion. I ask the noble Lord to withdraw his amendment. I have made extremely clear, I hope, the rigorous standards that CPTPP applies. This is a plurilateral trading group that wants to have the highest standards of trade among them. That is my first key point. The second is that we have a number of safeguards built into our own processes to ensure that, were another country to join CPTPP—it could be any of the countries applying or future countries over the coming years—there will be a proper process, as has been defined in the CRaG process. I would ask the noble Lord, given the complexities and sensitivities that I believe this amendment would present to our ratification process, to withdraw his amendment.

[Lord Alton of Liverpool (CB)]

My Lords, I am very grateful to the Minister and all noble Lords who have taken part in today’s debate. I felt we were quite close to agreement, as I felt we were during the course of the meeting that I had with the Minister. It comes down to the issue of whether or not such a report and Motion, were it to be laid in the House of Commons, as the noble Lord, Lord Lansley, just said in response to my noble friend Lady Hayman, would be divisible or not. It has been made clear that under the CRaG process that is not possible. That is why it was necessary to table this amendment.

As for some of the other arguments put before your Lordships, I entirely agree with the noble Lord, Lord Hamilton of Epsom, who raised the issue of the United States of America. If the USA were to seek to join—it is not even in the queue or the list of countries to which the Minister referred earlier—all of us would be very pleased about that. However, China is in the list referred to, so this is not hypothetical—China is in the list. We are not seeking to have the debate here and now as to whether or not China should accede. That is not what this amendment would do. Chronologically, we are getting ahead of ourselves. The amendment would simply empower this House, should we then be members of the CPTPP, to have the right in both Houses to query such an application on the grounds that I laid out at length, as did the noble Baroness, Lady Kennedy of The Shaws, and the noble Lords, Lord Rooker, Lord Purvis and Lord Leong, in their remarks about the nature of the country that we are dealing with. Is China different from the others? Yes, of course it is manifestly different, not least, as the noble Lord, Lord Rooker, mentioned, because of the products that we buy from Xinjiang. The House of Commons has declared not that there are human rights violations but that there is a genocide—under the 1948 convention on the crime of genocide—taking place in Xinjiang against Uighur Muslims, who are used as slave labour.

The noble Lord, Lord Rooker, is right about that, and we have this trade deficit that the noble Lord, Lord Purvis, regularly refers to, of £40 billion, which makes us very dependent on that country and does not contribute to our resilience. Will the CPTPP help us? Yes, it will, and I am glad that we are joining it. That is why I support the Minister in that objective and support this Bill but, as others have said in the debate, we need to be in a position not only to be able to voice our opinions in both Houses but to vote on those things as well. Otherwise, how will we express our view? Will it be done through telepathy? Will it be done as a result of people getting up and saying, “We don’t agree with this”? If there cannot be a vote, it is impossible. All of us in this House or who have been in the other place know that to be the case.

As for the views that have been expressed about the desirability of China’s membership, my noble friend Lord Berkeley of Knighton said that this is exceptional because it is appalling behaviour that we have never probed enough. We must probe. That is what this amendment seeks to do, to give us rights. Look at the amendment. There are two parts to it. The first simply says:

“Before any decision is made by the Government … on the accession … to the CPTPP under Chapter 30 of the CPTPP, the Secretary of State must publish a report”.


That is all well and good. The Minister has accepted that principle, so why not accept the first part of the amendment? What does the second part say? It says:

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


This is hardly revolutionary. It seems to me perfectly reasonable. We are being invited to tilt at imaginary windmills. I know that some will be under pressure from their Whips but, as I did during the debate, I commend the remarks of the former Leader of the Conservative Party, who has written to members of his party today to say that the amendment remedies the problem in a proportionate way that goes with the grain of government policy.

I would like to seek the opinion of the House, and I hope that those on the Government Benches in particular will vote for this amendment.