Asked by: Owen Thompson (Scottish National Party - Midlothian)
Question to the Department for International Trade:
To ask the Secretary of State for International Trade, pursuant to the Answer of 17 July 2020 to Question 73000, whether the Government will enact the right it retains to regulate in the public interest, including for public health purposes, as is already recognised under international law, should an investor state dispute settlement claim adversely affect steps the Government has taken to tackle covid-19.
Answered by Ranil Jayawardena
The right to regulate is recognised in international law. Further, investment protection and investor-state dispute settlement (ISDS) provisions do not affect HM Government’s ability to regulate in the public interest.
ISDS tribunals cannot overrule the sovereignty of Parliament, overturn or force any changes to law. Indeed, they can only award compensation if a foreign investor’s rights under the treaty have been breached – for example, if the investor is found to have been treated in an arbitrary or discriminatory manner – though there has never been a successful ISDS claim against the United Kingdom.
Asked by: Owen Thompson (Scottish National Party - Midlothian)
Question to the Department for International Trade:
To ask the Secretary of State for International Trade, what estimate he has made of the number of credible reports of international humanitarian law breaches required to be recorded that would result in the suspension of UK licenses for the export of (a) arms and (b) military equipment to Saudi Arabia for potential use in Yemen.
Answered by Ranil Jayawardena
HM Government is able to review licences – and suspend or revoke as necessary – when circumstances require, and this is done in line with the Consolidated EU and National Arms Export Licensing Criteria.
Specifically, Criterion 2c makes sure that we do not grant licences if there is a clear risk that the items might be used in the commission of a serious violation of international humanitarian law.
My Rt Hon. Friend the Secretary of State for International Trade set out in her Written Ministerial Statement of 7th July how she has fully considered Criterion 2c in relation to the re-taking of the licensing decisions, in accordance with the Court of Appeal’s judgment.
Asked by: Owen Thompson (Scottish National Party - Midlothian)
Question to the Department for International Trade:
To ask the Secretary of State for International Trade, if she will make it her policy not to negotiate, sign or ratify any future trade agreements that include investor state dispute settlement provisions.
Answered by Ranil Jayawardena
The precise details of any future Free Trade Agreement (FTAs) are a matter for formal negotiations, and HM Government would not seek to pre-empt these discussions.
The United Kingdom has investment agreements with Investor-State Dispute Settlement (ISDS) provisions with over 90 trading partners. HM Government recognises the importance of strengthening international investment in response to COVID-19, and the continuingly important role played by both investment protection and ISDS provisions in safeguarding British investors overseas, including pensioners across the country through their pension funds and small and medium sized enterprises (SMEs).
Where ISDS is included in future agreements, we will seek to ensure fair outcomes of claims and high ethical standards for arbitrators. We are clear that HM Government and our treaty partners retain the right to regulate in the public interest, including for public health purposes, and this is already recognised under international law. There has never been a successful ISDS claim against the United Kingdom, nor has the threat of potential claims affected our legislation.
Asked by: Owen Thompson (Scottish National Party - Midlothian)
Question to the Department for International Trade:
To ask the Secretary of State for International Trade, if she will take steps to renegotiate existing trade agreements allowing for the use of investor state dispute settlements (ISDS) to restrict their use in respect of covid-19 related claims.
Answered by Ranil Jayawardena
The precise details of any future Free Trade Agreement (FTAs) are a matter for formal negotiations, and HM Government would not seek to pre-empt these discussions.
The United Kingdom has investment agreements with Investor-State Dispute Settlement (ISDS) provisions with over 90 trading partners. HM Government recognises the importance of strengthening international investment in response to COVID-19, and the continuingly important role played by both investment protection and ISDS provisions in safeguarding British investors overseas, including pensioners across the country through their pension funds and small and medium sized enterprises (SMEs).
Where ISDS is included in future agreements, we will seek to ensure fair outcomes of claims and high ethical standards for arbitrators. We are clear that HM Government and our treaty partners retain the right to regulate in the public interest, including for public health purposes, and this is already recognised under international law. There has never been a successful ISDS claim against the United Kingdom, nor has the threat of potential claims affected our legislation.
Asked by: Owen Thompson (Scottish National Party - Midlothian)
Question to the Department for International Trade:
To ask the Secretary of State for International Trade, what steps she is taking to ensure that crowd control equipment and ammunition sold under export licences to Chile are used for training purposes only.
Answered by Ranil Jayawardena
I have been sorry to see the unrest on the streets of Santiago and I can assure the Hon. Gentleman that all export licence applications are assessed on a case-by-case basis against the Consolidated EU and National Arms Export Licensing Criteria (the ‘Consolidated Criteria’).
In reaching a decision, the Department for International Trade (DIT) receives advice from a number of Departments including the Ministry of Defence (MoD) and the Foreign and Commonwealth Office (FCO). Together, we draw on all available information, including reports from Non-Government Organisations (NGOs) and our diplomatic missions. The Consolidated Criteria provides a thorough risk assessment framework and requires us to think hard about the impact of exporting any items.
Assessments under Criterion 2 in particular, include the respect of rights and freedoms in the country of final destination. A licence will not be issued if, to do so, would be inconsistent with the Consolidated Criteria, including where there is a clear risk that the proposed export might be used for internal repression.
We continue to monitor global developments closely and are able to review licences – and suspend or revoke as necessary – when circumstances require, in line with the Consolidated Criteria.
Asked by: Owen Thompson (Scottish National Party - Midlothian)
Question to the Department for International Trade:
To ask the Secretary of State for International Trade, whether the Government invited representatives of the Republic of Chile to an arms and surveillance fair in Farnborough in March 2020.
Answered by Graham Stuart
Representatives of the Republic of Chile were invited to the Home Office Security and Policing 2020 event, at Farnborough in March 2020, by the Department for International Trade’s Defence and Security Organisation. They did not attend.