Trade Bill

Baroness Winterton of Doncaster Excerpts

Consideration of Lords amendments
Monday 22nd March 2021 Commons Chamber

Consideration of Lords message

[Madam Deputy Speaker (Dame Rosie Winterton)]

I must draw the House’s attention to the fact that financial privilege is engaged by Lords amendment 3E. If any Lords amendment engaging financial privilege is agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.

After Clause 2

Trade agreements and genocide

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[Greg Hands]

There is very limited time in this debate.

However, we regret that we cannot support the creation of a parliamentary judicial Committee as envisaged in Lord Alton’s amendment, as it blurs the distinction between the legislative and the judicial, and runs contrary to Government policy that it is for competent courts to make determinations of genocide.

Finally, I would like to highlight the statement that my right hon. Friend the Foreign Secretary made earlier today on the sanctions that the Government will be undertaking. I hope that that is another illustration of the Government’s commitment in this very important area, taking tough action on China in relation to Xinjiang with Magnitsky sanctions, in conjunction with our international allies.

In the light of what I have said, I hope hon. Members will support amendments 3C and 3D.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I inform the House that the Speaker has selected the amendment in the name of Nusrat Ghani.

Before I call the shadow Secretary of State, I inform the House that there will be a three-minute limit on speeches for Back Benchers. There is a countdown clock for those in the Chamber, and for those participating virtually it will be on their screens.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

By my calculations, it has been three years, two months and two weeks since this House first debated the Government’s proposed Trade Bill, so if today’s debate proves to be the final one on a long drawn-out Bill, it would be appropriate to thank all Members of both Houses, all the parliamentary Clerks and all the officials in the Department for International Trade who have contributed to its passage.

Looking back at the very first day of debate in January 2018, I was struck by two things that were said by the right hon. Member for North Somerset (Dr Fox), the then Secretary of State, which seem very prescient in retrospect. The first was:

“Trade is an issue that transcends party politics”.—[Official Report, 9 January 2018; Vol. 634, c. 220.]

Time and again over the past three years, we have seen that to be the case, as Members from all sides of the House have campaigned together on different issues from farming standards to online harms. It seems fitting, after more than three years, that we should have been left with one final issue to resolve: a cross-party consensus on where we stand as a Parliament and on what we believe as a country will be most important.

That relates to the second thing that the former Secretary of State said three years ago, which I believe is equally relevant today. He said that

“trade is not only about self-interested commercial gain.”—[Official Report, 9 January 2018; Vol. 634, c. 209.]

For me, that simple statement of principle goes to the heart of the debate we have had in recent months, and especially in the past week, about human rights and trade. It goes to the heart of the decision that we have to take today on the Alton amendment to the genocide amendment.

I know that some people believe that the choices we make as a country on with whom to sign trade deals should be entirely dictated by our commercial interests and that considerations about human rights should be dealt with entirely separately. But there is another point of view—I believe it is shared by the majority of people in this country and by the majority of MPs in this House—which is simply this: there is a line that needs to be drawn; there are certain countries whose crimes are so great that they cannot simply be ignored on the basis of commercial self-interest; and Britain as a country must be willing to say no to trade deals with countries that cross that line.

The Alton amendment, as advanced today by the hon. Member for Wealden (Ms Ghani), seeks to draw that line by giving Parliament the power to debate whether Britain should sign any form of bilateral trade or investment deal with a Government held responsible for genocide by our country’s most experienced judges. Whether Members in this House decide to support the amendment today should have nothing to do with what party they represent. It should have nothing to do with the long overdue sanctions against Chinese officials announced by the Foreign Secretary earlier today. With all due respect to the Minister for Trade Policy, it should have nothing to do with the points of constitutional precedence that he made in his opening speech.

Whether we support the Alton amendment should only come down to the fundamental question, which is one we must all ask ourselves: should Britain be willing to sign trade agreements with Governments who are committing genocide? Should Britain be willing to sign trade deals with a Government who are engaging in torture, mass detention, slave labour, organ harvesting and non-judicial executions—not on an isolated basis, but on an industrial scale—against the Uyghur population in Xinjiang? Should Britain be willing to sign trade deals with a Government who are separating hundreds of thousands of children from their parents and re-educating them in different languages, religion and history in an attempt to wipe the Uyghur culture off the Chinese map? Should Britain be willing to sign trade deals with a Government who are carrying out the systematic sexual abuse, rape and sterilisation of hundreds of thousands of women in Xinjiang in an attempt to guarantee that this current generation of Uyghur children is the last?

I cannot see how anyone in this House can read the evidence of those crimes being committed against the Uyghurs and think that a potential trade or investment deal with China can be considered only on its commercial merits and not on the basis of morality. That is surely where we need to draw the line, and that is what the Alton amendment seeks to do. That is why I urge Members from all parts of the House to look into their souls this afternoon, to vote with their conscience and to make clear that this is the line that Britain is not prepared to cross.

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[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP) [V]]

Madam Deputy Speaker, I notice that the countdown timer is running, but I assume that I get the Front-Bench privilege for this speech.

[Madam Deputy Speaker (Dame Rosie Winterton)]

The hon. Gentleman certainly does. It is a mistake if the countdown timer is running.

[Drew Hendry]

Thank you, Madam Deputy Speaker.

The original intent of the Lords amendment on genocide was to bind the Government, to ensure that their trade policy was not actively engaging in propping up the economy of a country that was committing genocide. The SNP regarded that as being reflective of the bare minimum standards of what should be our commitments to human rights and global citizenship. I say “bare minimum” because much more power should be given to that commitment than was contained even in that amendment. We should see an approach along the lines of a comprehensive cross-departmental strategy aimed at preventing atrocities and binding the Government in their behaviour and intent. The original amendment from Lord Alton was a bit hingum-tringum; despite the fact that it was not nearly strong enough, we supported it, as it was at least a step in the right direction. Make no mistake: as we debate the text of this Bill, we are very far away from even that place.

Any idea that we are actively debating accountability on human rights, even on the terms originally intended, is blown apart by the very Government texts that the House is now considering. The Government have maintained that they do not need the law to reflect their commitments to human rights, and that they would not do anything to compromise them. Furthermore, they maintain that their so-called compromise amendment facilitates a new level of commitment, but as soon as one Minister pours honey in the public’s ears, another drops the mask and lets slip the poisonous truth that condemns those warm words as cozenage.

It is clear from the remarks of the Foreign Secretary, who is also the de facto Deputy Prime Minister, that there is absolutely no substance to the Government’s rhetoric about their being champions for human rights at every turn; shamefully, they are willing to actively pursue an unethical trade policy. If there was ever any doubt about the hollowness of the maxim of global Britain, it has rung out loud and clear in the Foreign Secretary’s words. The amendment backed by the Government is completely inadequate in checking their actions. It would bind them to naught, and it is crystal clear that in reality the Government would rather not be subject to any moral position or restriction on their trade policy.

The Government could have committed in the Bill to maintaining existing consumer and labour standards; they turned that chance down, and the public should ask why. The answer is because they are all too willing and ready to sacrifice them to get a deal—any deal. Anyone naive enough to think that that is not the case should look at what is happening with the NHS and human rights. The Government could have taken the opportunity to ensure the protection of all aspects of the NHS from private foreign procurement, but they turned the chance down. Why? Well, in a sign of the times, they have been busy allowing the sale of NHS GP practices to US companies, with the US health insurance giant Centene Corp quietly assuming control of the care of half a million patients in recent weeks. Donald Trump may mercifully be gone, but few will forget the rare moment of honesty when he confirmed that the NHS is on the table in a US-UK trade deal. We all know that it very much still is. His Tory cohorts are still here and have earned zero trust over their deeds and actions.

We now see the Government looking to shirk their commitments on matching their trade policy to our values on protecting human rights. Why? Again, we know exactly why, thanks to the words of the Foreign Secretary. The cat is not only out of the bag, but running feral, alerting the world to the fact that human rights abuses will not matter to the UK. This Government will forgive almost anything in their haste to get a deal—any deal. They turned down the chance to do the right thing. We can hear loudly and clearly that behind the scenes, this does not matter to the Government; publicly, we can see the Government retreating from their legally binding manifesto commitment to international aid spending. The amendment does not do justice to the intentions of Members from all parties who have sought to meet that commitment head-on.

The Government’s empty words on global Britain have no bearing on virtually any aspect of their policy on protecting the most vulnerable around the world, on how we determine any notion of responsibility for who the UK sells arms to, or now, apparently, who we trade with. If this issue were not so serious, it would be laughable that this Government are trying to rest on laurels that simply do not exist. They should wake up to the reality that the UK’s moral standing is already badly damaged. This legislation makes matters worse. With their actions today, the Government have done nothing to repair that standing; they are solely responsible for bringing it into such disrepute.

Today, as the UK Food and Drink Federation publishes details of how exports of beef, pork and cheese to the EU have been savaged, having fallen by more than 80%—for salmon it is 98%, which is in effect an utter wipeout of a major Scottish export—another poll shows that the people of Scotland have had enough of this attitude; it confirms majority support for independence, as does the long-term poll tracking. The people of Scotland see for themselves the economic and moral vacuums being created by this Tory Government. When they look at this shameful situation, they know that the only way to protect our international trade reputation, and to be represented in the way that they want, as global citizens, is if Scotland once again joins the international community as an independent nation.

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[Geraint Davies (Swansea West) (Lab/Co-op) [V]]

Tonight the Government have to decide whether they allow Parliament to intervene in trade deals, specifically in relation to genocide. We have all heard the stories of mass rape, concentration camps, people unable to have babies, brainwash and cultural genocide. The issue is whether Parliament is given the ability, on the basis of evidence, to restrict trade in these situations.

Last time, of course, we saw a Lords amendment that said that the courts should decide whether there is conclusive evidence of genocide, and then we—the politicians in Parliament—would decide whether we restricted trade or not. It was said that these were not competent courts. Of course if you refer to “competent courts” as international courts, China can veto them, which defeats the object. It was said that that amendment would mean judicial interference in Parliament, when of course it would not.

The Lords have come back with a new amendment, saying, “Fair enough; if that’s the way you see it, we’ll have a Committee making decisions on the basis of concrete evidence that is judicially prepared.” Now the Government are saying, “Well, you can’t do that because that’s the judiciary interfering with Parliament.” They cannot have it both ways. It does seem that, in essence, this is an intentional evasion by the Government to prevent Parliament from its solemn duty to defend our intrinsic values.

I certainly do not accept the point made by the right hon. Member for North Somerset (Dr Fox) that the Government have some sort of mandate to muzzle debate and blur scrutiny. We must be free to debate and to decide based on the evidence. The Government must explain what they are doing if trade continues with perpetrators of genocide. We should know the economic cost of protecting our values and decide whether to act.

These are fundamental questions of humanity. The Government have no right to quash or stifle our parliamentary duty to consider them. The fundamental question is: are we going to bow to the power of China and back-room deals, or are we going to rejoice and empower Britain’s gift to the world—that is, robust and unfettered parliamentary debate on the basis of sound evidence in order to make key decisions on when and whether to put our values above our economic interests? We are morally obliged to support this amendment, and I certainly will be doing so.

[Madam Deputy Speaker (Dame Rosie Winterton)]

The last speaker before I call the Minister is Paul Howell.

[Paul Howell (Sedgefield) (Con) [V]]

As a member of the Business, Energy and Industrial Strategy Committee, which recently produced our report on Uyghur forced labour in Xinjiang and UK value chains, I understand the concerns lodged around trading with countries where genocide is suspected to be happening, or, in particular, where it is felt it is almost certain that it is happening. The supply chains of all companies operating in this space need to either dramatically increase their capability and delivery of transparency, or accept the presumption that they are profiteering from exploitation.

It is who determines getting past the key statement of whether genocide is happening in law that this amendment questions, and I believe it is clear that the place for that determination is in the courts. The Government have been consistently clear that it is for competent courts, not Committees, to make determinations of genocide. I do not believe it needs a trade agreement discussion to engage in actions on concerns as significant as genocide. I welcome the statement earlier by the Foreign Secretary on taking steps, along with our partners, where evidence is apparent of actions incompatible with our values. I wholeheartedly support his words. Indeed, I would encourage him to go further.

I believe the amendment tabled by my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) meets the concerns raised around parliamentary scrutiny in that, should a credible concern of genocide be raised within a country that we are proposing a new free trade agreement with, it ensures that a debate and a vote in Parliament would result. Credible reports rather than determination is a lower level of proof for stimulating this intervention, and that is wholly appropriate, as the practical difficulties in proving genocidal intent mean that genocide is very difficult to prove even when apparently obvious.

I am convinced of the need for us to ensure that any new free trade agreements should not be made with countries where there is a credible concern regarding genocide or, indeed, any other significant human rights issues, but I am not convinced that this amendment is the mechanism by which it should be done.