Transatlantic Trade and Investment Partnership

Debate between Rachael Maskell and Tasmina Ahmed-Sheikh

Thursday 9th July 2015 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

Does the hon. Lady agree that we would be better served by putting areas of trade on the positive list, rather than the negative list, so that we could include the areas of trade that we wanted in the trade agreement, as opposed to including all services, with only those named being removed?

[Ms Ahmed-Sheikh]

I agree with the hon. Lady.

What is demanded, and what we require, is a clear and unambiguous exemption from the deal that guarantees that democratically elected Governments in Scotland and beyond cannot be forced to privatise services, and that any attempts to roll back previous privatisation will not be open to challenge under the new rules. These conditions must be explicit.

We come now to one of the areas of greatest concern: the process known as investor-state dispute settlement, or ISDS. Including this type of measure in the agreement potentially undermines the right of European Governments to regulate effectively on a range of issues. As the Minister will be aware, the most relevant example of that is the recent action by the Uruguayan Government to legislate to increase the size of the health warnings on cigarette packs, in an attempt to reduce the number of people smoking and improve public health.

In response, the multinational tobacco giant, Philip Morris, used a similar process to sue the Uruguayan Government. The concern of many of us, including the Scottish Government and our trade unions, is that similar measures could be used by private organisations here to limit our democratically elected Government’s powers in a range of important areas. My right hon. Friend the Member for Gordon (Alex Salmond) has considerable experience in this area, Madam Deputy Speaker, and I understand that if he catches your eye he hopes to raise it before the Minister replies.