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

Mark Garnier Excerpts

2nd reading
Monday 29th January 2024 Commons Chamber

[Kemi Badenoch]

According to the models and estimates, it will be £2 billion a year, but it all depends on which countries choose to accede and how many businesses in the UK choose to take advantage of the agreement. A free trade agreement utilisation programme will therefore be critical to our gaining the greatest possible benefits from the CPTPP.

[Mark Garnier (Wyre Forest) (Con)]

There is a great deal of argument about where the opportunity for UK exporters is. Does my right hon. Friend agree with the prediction that the 10 nations of the Association of Southeast Asian Nations will create a bigger trading bloc and a bigger economic unit than the European Union by 2050, and does she agree that the CPTPP offers the opportunity for countries such as the Kingdom of Thailand, which is not a member, to join in the future? Surely the CPTPP is not about what it is now, but what it will be in the future.

[Kemi Badenoch]

My hon. Friend is absolutely right. This deal is thinking about the future. Of course we have a close trading relationship with the European Union, but the fact is that, as a share of global growth, Europe is shrinking and other parts of the world are growing. This is our opportunity to get in early and help shape the rules for this trading bloc.

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[Anthony Mangnall (Totnes) (Con)]

I would say that it is pleasure to follow the hon. Member for Harrow West (Gareth Thomas), but he is so pessimistic and full of doom and gloom that he makes me think that he is the Goldilocks of international trade. We are always in the same place when we debate these issues with Labour Members, because we cannot sign trade agreements quick enough for them or perhaps we take too long. In fact, we sign trade agreements when they are good for our businesses, our producers and consumers—that is exactly where we must be.

The hon. Gentleman talks about membership of the CPTPP and says that there are no parameters to stop new members, but in her opening remarks the Secretary of State made the point about the Auckland principles and the fact that there has to be a consensual approach to new membership. The Opposition criticise our record on international trade and the agreements we have signed, discounting the fact that we have: an agreement with Australia and New Zealand; three memorandums of understanding with American states; 75 roll-over deals; discussions under way with the Gulf Co-operation Council, Israel and India; and now accession to the CPTPP, if we pass the Bill. The purpose of the Bill is to change our legislative programme to ensure that ratification can take place; that is why we are here and what we are debating.

I am delighted to be a member of the Business and Trade Committee. I welcome that the CPTPP is our accession to the fastest growing region in the world, and that it will give huge geopolitical value to the UK and what we do with our friends and allies around the world. If anyone wants something to send them to sleep, they can read my report, “Looking East”, for the Centre for Policy Studies. We are joining the leading comprehensive free trade agreement, with every forecast pointing to the value that this body will play not just in the next 10 years, but in the next five; we have to recognise those benefits.

As has been said, in nearly every case, forecasts undervalue free trade agreements, not least because of the modelling but also because, as free trade agreements are signed and accessions completed, businesses start to take advantage of the agreements and grow as a result.

[Mark Garnier]

My hon. Friend makes a good point. Does he agree that when a previous Committee—of which we were both members—looked at free trade deals, it found that the very fact of doing a trade deal creates an interest that is not otherwise there? It means that everybody talks about the trade opportunity that presents itself.

[Anthony Mangnall]

I could not agree with my hon. Friend more. That is exactly the reason that we have trade envoys—in his case, he goes to Thailand to enhance the relationship between Thai and UK businesses. It is also for that exact reason that the first line of the gov.uk webpage on CPTPP says: “We will help businesses take advantage of CPTPP. Please keep logging on so you can see how we can help you to take advantage.” Far from stepping back and not helping businesses, we are on the front foot in ensuring that we can support them.

I want to make a couple of points about what I have learned, first on the International Trade Committee and now on the Business and Trade Committee. It is always important for the House to have a say, and to have a debate on the full terms of our free trade agreements. Under the Constitutional Reform and Governance Act 2010, we have 21 sitting days to be able to debate the CPTPP. The Secretary of State appeared before the Business and Trade Committee last week. I hope that we can have a debate, because it is important for all Members of the House to be able to look at the many benefits that the CPTPP will bring them, and their constituents, producers and consumers, and for those benefits to be highlighted on the Floor of the House. CRaG also provides for a voteable motion, which has not been used since its introduction; and it would be useful to have vocal support for our trade agreements, not least to show our friends and allies, with whom we do these deals, that we are behind them.

Within the Bill, I note the changes to the procurement legislative framework. I commend the fact that it is already building on the excellent work in the Procurement Act 2023, which specifically helps small businesses to take advantage of the agreements we have signed; again, the shadow Minister, the hon. Member for Harrow West, could have made reference to that legislation or to the Electronic Trade Documents Act 2023—the list goes on and I could go on to, if he would like me to. Of course, there is also the value placed on intellectual property—setting a minimum standard of protections across patents, geographical indictors, copyrights, trade secrets, trademarks and designs, including enforcement mechanisms. Above all, there is a focus not only on how to remove tariffs, but on how to remove non-tariff and technical barriers to trade. The creation of conformity assessment procedures also ensures that we can help businesses from every walk of life to take advantage of the CPTPP—this fastest growing region.

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[Anthony Mangnall]

I refer the hon. Lady to my previous remarks on the TAC report on CPTPP. She has made a point about Australia, and it is fair to give an answer on that. None the less, the point is that we are still safeguarding ourselves against hormone-injected beef and chlorinated chicken. Yes, there are variable standards around the world; we have to recognise that not all trade deals are Christmas trees on which to hang baubles and everything else. We can lead by example. Our standards are the highest in the world, and there is nothing to say that they are not a key persuader for other countries to follow suit in showing how there can be successful markets on that front.

[Mark Garnier]

rose—

[Anthony Mangnall]

I will give way, probably for the last time.

[Mark Garnier]

I would like to follow on from the point about beef and meat from Australia. We imported it for years and years when we were part of the European Union. This is not brand new; we have been doing it for a long, long time.

[Anthony Mangnall]

That is exactly why we put things such as the Trade and Agriculture Commission on to a statutory footing, so that it could report on these trade agreements. Its opinion is fully weighted with the Government response and comes in during the Constitutional Reform and Governance Act process and allows us in this House to consider it. If the hon. Member for Walthamstow (Stella Creasy) wants to debate this point in a general debate on CPTPP, I would look forward to doing it all over again. Of course, the whole purpose of the process is to give us the chance to take full consideration of the agricultural community’s view.

I have gone on for far too long, Mr Deputy Speaker—[Hon. Members: “Hear, hear!”] Thank you very much! [Hon. Members: “More!”] I believe that that is the first time that anyone in the House has ever told me to carry on, but I am very grateful for it none the less.

We have huge opportunities in the UK to strike new trade agreements to encourage our economy to boom. It is striking that, in his opening remarks, the shadow Minister on the Labour Front Bench did not recognise that, since 2010, the UK’s economy has outperformed that of Portugal, Italy, Spain, Germany and France, to name but a few. This trade agreement signals not just an intent to sign more trade deals in the future, but an approach that we can take if we work together with businesses, financial services, legal services and all industry across this country to bring value to London and to all regions of the United Kingdom. I look forward to seeing its ratification and to this Bill being passed unamended.

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[Richard Thomson]

What a load of absolute codswallop. It may have escaped the hon. Member’s notice that every part of the UK is in deficit. I do not think that a single part of the UK, perhaps not even London or the south-east, raises more in taxation than it receives in public expenditure, so can he please park the patronising trope about England subsidising everywhere else? Scotland creates one of the highest levels of gross value added of any part of the UK outside the vortex of London and the south-east, which suck in every aspect of capital and talent.

[Mark Garnier]

In the spirit of trying to bring the debate back to the fantastic opportunities for Scotland, as the Prime Minister’s trade envoy to Brunei, I was delighted to go to Aberdeen to meet a number of Scottish companies in the incredibly important business of decommissioning and renewal in the oil and gas industry. Brunei has signed a deal worth, I think, £350 million with Scottish business. That is not subject to any controversy.

May I also say that the hon. Member’s contribution to this place is incredibly useful? It is a very good symbol of why members of the SNP and Scottish Members of Parliament are so valuable to the Union, and to debates such as this in the British Parliament. Long may you be welcome here in Britain.

[Richard Thomson]

We seemed to be being pulled back to the topic, but now I am being tempted to go off down another rabbit hole. While I thank the hon. Member for his generous comments, I know exactly what side my bread is buttered on. I am a long-standing supporter of Scottish independence because I have a simple belief that the best people to run Scotland and make decisions about Scotland are those who have chosen to make their life there. With all due respect to this place and its traditions, I think that we could do a far better job from the Parliament in Edinburgh.

I will get back to the purpose of the debate, as entertaining as that no doubt was for all concerned. The SNP retains concerns about the ability to apply investor-state dispute settlements under the CPTPP. A deal for Canada has, for now at least, hit the buffers, but it was concerning that there was no indication from the Government of any side letters about investor-state dispute settlements similar to those applied in respect of the FTAs with Australia and New Zealand. There is real concern that investor-state dispute settlements could have an impact on standards and decisions taken here.

We firmly believe that trade deals done right can channel and create potential to support decent jobs and raise standards, not just domestically but globally. It is therefore worrying that the ethos of the CPTPP means effectively abandoning the precautionary principle, which places the burden of proof on the producer to show that a product is safe. Instead, the burden will be on the regulator to prove that something is a danger before action can be taken. That can only act as a downward pressure on standards. The committee on regulatory coherence will no doubt also become a focus for this issue, whether we are talking about antibiotics in agriculture, the impact of decisions on deforestation, or something as iconic as palm oil; we have already agreed a 12% tariff on imports from Malaysia, irrespective of the impact that that would have.

We have further concerns about the impact on workers’ rights and domestic conditions. There is the risk of being undermined by lower costs elsewhere, resulting from lower standards on labour rights and obligations, or lower regulatory standards more broadly. We are concerned about the impact that that could have on our public services, and our ability to set domestic laws and regulations could come under challenge, either from the economic forces that are unleashed or through the ISDS mechanism.

All things considered, the Government have made a blustery and boosterish contribution, while being very blasé about and dismissive of the concerns raised. As I said earlier, the SNP will not seek to divide the House on the Bill this evening, but we certainly look forward to exploring all those issues further in Committee.

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

Mark Garnier Excerpts

Report stage
Tuesday 19th March 2024 Commons Chamber

[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.

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[Lloyd Russell-Moyle]

It is a pleasure to follow the maiden speech of my hon. Friend the Member for Kingswood (Damien Egan). What a great way of upstaging his sister a week after her wedding—after a by-election is forced, he goes on to win it. But I suspect that it was a happy moment for all the family, and it is a delight to have him here.

I have tabled two new clauses. I have sat on the Public Administration and Constitutional Affairs Committee and, in its previous iteration, the International Trade Committee, when we scrutinised the Bill almost, I felt, to death. The problem with scrutiny without any teeth is that words produced in Parliament all the time are lost in the ether. The reality is that, unless there is debate in the main Chamber, there is not the right body of weight behind those words and those concerns.

It is clear to me that we need to change constitutional make-up of how we do trade deals. I support everything that PACAC has said, of course, but personally I would go further. I think we do need legislative changes to CRaG, despite the fact that we could make some changes through trust—that would be a good start. The reality is that, since we left the European Union—I know we are not meant to go on about that—this House has had less scrutiny over trade deals than we did before. It used to be that consent was required, which would go via the European Scrutiny Committee. That consent was required to be sent to the European Union before a trade deal could be signed off.

We know that in other places around Europe, legislators did hold back inappropriate trade deals. The EU-Canada free trade deal, for example, was held back by the Wallonian Parliament because it failed to address things such as workers’ rights, which my right hon. Friend the Member for Hayes and Harlington (John McDonnell) mentioned. The deal was renegotiated and the Europeans got a better deal. We could have done that at any step of the way when we were in Europe, but now we are out of the EU, we are less able to do so and less able to hold our negotiating person to account. Our negotiating person at that point was the European Commission. Our negotiating people now are our Ministers and civil servants, but we are less able to hold them to account. We cannot set their negotiating mandate or stop a trade deal, as we were able to do before. Yes, we can delay it, and yes, this Minister is fantastic in coming to be held to account through questioning, but the hard stop that means that people listen to you rather than just having a nice debating club with you has now been lost. We need to reflect that changing world.

[Mark Garnier]

I thank the hon. Gentleman for giving way. He and I have discussed this at great length in two Committees that we have both sat on. I am hugely sympathetic to every point that he is making, but there is one counter-argument that has not yet been put forward. The position of our negotiators in striking these deals in the first place could be slightly weakened by the fact that they would then have to check back with the legislature on whether or not it will ratify. Were we to take the final decision away from our negotiators, they would not be able to negotiate such a strong deal. I put that forward not necessarily as a definitive answer, but as a counter-argument.

[Lloyd Russell-Moyle]

The hon. Gentleman is quite right. Some people claim that that would happen, but others claim that it would strengthen our position. When the EU says, “This is our backstop,” we know that it is not bluffing because the backstop has been set by the EU Parliament. Now, negotiators can say, “Well, we know that that is not really the backstop, because you can go away and cajole your Back Benchers to vote this through anyway,” whereas in other systems, they can say, “I’m sorry, but the Senate will not approve this because the committee is holding my feet to the fire.”

However, there are other ways of doing it. As other Members have mentioned, we could allow the matter to have Privy Council status and meet in camera, to allow involvement in negotiations. In multilateral processes, other Governments embed parliamentarians in their negotiating teams. The Norwegians, for example, embed parliamentarians in their WTO negotiating teams in the day-to-day back and forth. Of course, in Norway, the WTO is dealt with by a different department from bilateral treaties, so there is a slightly different way of negotiating different kinds of deals. We can determine what kind of deal it is from the level of negotiation and whether Parliament is involved. If Norway were dealing with the CPTPP, parliamentarians would be embedded in that process, but if it were dealing with the Japan deal, they would not.

There are granularities of parliamentary overview and scrutiny, but almost all systems have developed them over the past 50 years as trade deals have basically become international lawmaking processes rather than dealing just with trade—they deal with all aspects of our life. However, we effectively paused our processes when we joined the European Union, and we have now reverted to where we were before joining. Although I accept that our process are now in the CRaG law, they have not evolved properly.

Let me address my new clause 2. Around 90% of the world’s oil palm trees are grown in just a few islands in Malaysia and Indonesia. Currently, less than 20% of that palm oil has received certification for sustainable palm oil forestry. The CPTPP will remove tariffs from palm oil. Of course, the aim of removing tariffs is to increase trade, so it seems implausible to say that we do not think it will increase the amount of palm oil in the UK that comes from unsustainable forests. The same could be true of tropical woods. Two of the 11 forests that supply our tropical woods and are identified as in danger are in the CPTPP region, but they have no additional protection.