Transatlantic Trade and Investment Partnership

Debate between Robert Jenrick and Peter Grant

Thursday 10th December 2015 Commons Chamber

[Peter Grant]

The point I am making is that there could be concerns about the maturity of the legal system of some countries with which we might want to enter into international agreements. The example given earlier was countries in southern Europe, but the last time I checked they were part of the European Union. If they are acting in breach of a treaty that has been signed up to by the EU, I would have thought that there would be recourse through the European courts. If there is not, perhaps that needs to be looked at. I fail to see why it is necessary to have a separate form of recourse for companies that want to sue sovereign democratic Parliaments and Governments, one that is not made available to citizens of the countries who have elected those Parliaments in the first place.

[Robert Jenrick]

The hon. Gentleman is making a decent point, but the UK is already in bilateral investment treaties with a range of other countries around the world that have mature democracies, and some of these treaties have ISDS arrangements. The EU, including the UK, has just signed up to one such treaty with South Korea. Is he suggesting that we withdraw from all those bilateral investment treaties around the world, including important ones such as the recent one with South Korea?

[Peter Grant]

I am not suggesting that at all. I suppose the question might be: if the ISDS has been so successful, why is it being scrapped and replaced by something else?

One final observation that I want to make is that although the Government clearly regard completion and ratification of TTIP as being a major selling point for staying within the EU—I believe the Foreign Secretary said as much before the European Scrutiny Committee—a sizeable body of public opinion in the UK takes the opposite view. I do not know how sizeable it is, but it is there. There are parts of the UK, including a lot of areas in Scotland, where people want to be part of the EU but will change that allegiance if TTIP goes ahead. That might be music to the ears of some Members, but the Government may be making a massive tactical mistake if they believe that support for TTIP will persuade more citizens to vote to remain in the EU. There is a serious danger that it will actually have the opposite impact. The tragic irony of it is that if TTIP is already done and dusted before the EU referendum, people will vote to leave the EU and then discover that they are still lumbered with TTIP for 20 years, because once we have signed up to it even our leaving the EU does not allow us to get out of it.

I make an appeal to Members, and this applies regardless of whether they have already decided in their own minds about the merits or otherwise of TTIP and whether they think it is a good or bad idea. Once we know the full details of what TTIP and its associated agreements are going to mean, surely we must have a proper and full debate in this place, and in the Parliaments of the rest of the EU, at least in order to give MEPs a clear steer as to how they should be exercising their vote in the binding decision that they will take at some point in the future.