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

Tanmanjeet Singh Dhesi Excerpts

Committee stage
Tuesday 20th February 2024 Public Bill Committees

[The Chair]

I remind the Committee that with this it will be convenient to discuss the following:

The schedule.

New clause 1—Assessment of the impact of the CPTPP Chapter on government procurement—environment—

“The Secretary of State must, within three years of Royal Assent to this Act, lay before Parliament assessments of the impact of the implementation of the CPTPP Chapter on government procurement on—

(a) the Government’s plans to tackle climate change;

(b) the sustainable production of forest risk commodities, including palm oil, within UK supply chains,

(c) deforestation, and

(d) the Government’s environmental targets and environmental improvement plans established under the Environment Act 2021.”

New clause 2—Assessment of the impact of the CPTPP Chapter on government procurement—employment and industry—

“The Secretary of State must, within three years of Royal Assent to this Act, lay before Parliament assessments of the impact of the implementation of the CPTPP Chapter on government procurement on—

(a) manufacturing in the United Kingdom;

(b) the job market in the United Kingdom, including but not limited to gender inequality therein;

(c) the level of procurement by local authorities from businesses in their local authority area;

(d) the delivery of public services in the United Kingdom; and

(e) the Government’s commitments to the conventions of the International Labour Organisation.”

New clause 7—Impact assessment of implementation of the CPTPP Chapter on Government Procurement on developing country trading partners—

“(1) The Secretary of State must, within 12 months of the passing of this Act and every 12 months thereafter, publish a report on the impact of the implementation of the Government Procurement chapter of the CPTPP on developing country trading partners of the United Kingdom.

(2) The impact assessment under subsection (1) must include an assessment of—

(a) social, environmental, and economic impact on countries with high levels of dependence on the UK market;

(b) steps that have been taken to consult with affected trading partners;

(c) proposed remediation measures for potential economic damage;

(d) how the experience and impact of implementation might inform negotiation of future trade agreements.”

I call Tan Dhesi, who was speaking when we were rudely interrupted by lunch.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

Thank you, Dr Huq. I know it was a great disappointment to you not to be here for the opening of my speech, but at least you can be comforted by hearing its conclusion. I will carry on where I left off this morning.

The absence of specific commitments to uphold International Labour Organisation conventions in the comprehensive and progressive agreement for trans-Pacific partnership framework further exacerbates the risk to labour standards. Historically, the UK has been a proponent of international labour standards, advocating for decent work and fair wages across the globe. The CPTPP, as it stands, offers little assurance that those principles will be protected, let alone advanced, in the context of increased trade liberalisation.

In the light of those challenges, it is imperative for any engagement with the CPTPP to include robust safeguards to protect labour rights and ensure that trade does not come at the expense of workers’ welfare. That includes advocating for the integration of binding labour standards in trade agreements and ensuring that all member countries commit to upholding basic rights such as freedom of association, the right to collective bargaining and the elimination of forced and child labour.

The commitment to labour standards within the context of the CPTPP must reflect a balance between facilitating trade and protecting the rights of workers. Without explicit provisions to safeguard labour rights, there is a real risk that the benefits of trade will be unevenly distributed, with workers bearing the brunt of increased competition and deregulation. Ensuring that the CPTPP promotes fair and ethical trade practices is not just a matter of economic policy, but a reflection of our values as a society committed to fairness, equity and respect for human rights.

With the right amendments and considerations, the CPTPP can offer a pathway to achieving those goals. However, it requires a concerted effort to ensure that it enhances rather than undermines the economic and social fabric of our nation. It is about creating a future in which trade contributes not only to economic prosperity but to a fairer, greener and more equitable world. The requirement for amendments stems from a recognition that the current formulation of the CPTPP may not sufficiently safeguard against potential negative impacts on local industries, workers’ rights and environmental standards. Labour’s amendments signal our dedication to a trade policy that respects our commitments under international agreements, including those aimed at combating climate change, protecting biodiversity and upholding labour rights.

[Gareth Thomas]

I rise to support new clauses 1, 2 and 7 and clause 3 stand part. In support of new clause 1, I will add some remarks to the excellent contributions from my hon. Friends the Members for City of Chester and for Cardiff North.

I seek further clarification from the Minister on the environmental impact of the CPTPP, to better understand how the Government intend to mitigate the detrimental environmental effects of the UK’s accession to the bloc. I understand that about 90% of the world’s oil palm trees are grown on a few islands in Malaysia and Indonesia, and just 1% of Malaysian palm oil smallholdings are certified by the Roundtable on Sustainable Palm Oil. That 1% constitutes approximately 40% of all palm oil plantations in Malaysia.

As I think all Members—even Government Members—recognise, deforestation is a major environmental crisis. It is now the second largest contributor to climate change globally, after burning fossil fuels. Nearly 90% of deforestation is attributed to agricultural expansion. The impact has not only affected our climate, but resulted in a sharp decline in native wildlife, as my hon. Friend the Member for City of Chester set out.

Crucially, once ratified, the CPTPP will remove import tariffs on palm oil, irrespective of environmental credentials. As my hon. Friend noted, that risks contradicting commitments made by the Government under schedule 17 to the Environment Act 2021 to tackle illegal deforestation in UK supply chains. It is potentially irresponsible without the safeguards of due diligence secondary legislation, which is still due. In the other place, the Government said that they would bring forward that urgent secondary legislation some time in the spring of this year, but it remains somewhat vague. Any further clarification of the timeline from the Minister would be helpful.

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[Greg Hands]

I thank the hon. Gentleman for that intervention, but we have a debate on ISDS coming up under new clause 5, so I will be happy to talk further about it then. We are also having a debate on where CPTPP interacts with other trade agreements, but quite often, if a different trade agreement has ISDS provisions, it may or may not be desirable to include ISDS provisions in a further trade agreement. It would be worth looking at how ISDS works in each of the trade agreements.

The Government have demonstrated that we take parliamentary scrutiny of our FTA agenda seriously. A full impact assessment for the UK’s accession to CPTPP was published at signature in July 2023, alongside the accession protocol text and a draft explanatory memorandum. That included assessments of the potential economic impact on UK GDP and, indeed, the environmental impacts. As has been mentioned by my hon. Friend the Member for Totnes, the independent Trade and Agriculture Commission was commissioned to scrutinise the accession protocol and to produce a report on whether the measures are consistent with the maintenance of UK statutory protections in relation to animal and plant health and life, animal welfare and the environment. The TAC concluded in its advice published on 7 December 2023 that

“CPTPP does not require the UK to change its levels of statutory protection in relation to (a) animal or plant life or health, (b) animal welfare, or (c) environmental protection”

and even that it

“strengthens the UK’s ability to maintain its levels of statutory environmental protection.”

I think the hon. Member for Slough claimed that farmers were against it or are sceptical. I can give him a quote because , on this occasion at least, the president of the National Farmers Union, Minette Batters, was supportive of CPTPP, saying that the

“government continues to maintain its commitment to our food safety standards.”

She further stated that the UK achieved a

“balanced outcome, particularly with respect to managing market access in our most vulnerable sectors.”

[Mr Dhesi]

To clarify, I did not say that farmers are against CPTPP, just as the Labour party is not against the CPTPP agreement. However, there were significant concerns around seeds, plants and the wider agricultural industry. It is those concerns that we are bringing to the table. It is up to the Minister to address those concerns.

[Greg Hands]

I thank the hon. Gentleman for that intervention, but the NFU is not shy in coming forward to criticise free trade agreements from time to time—I think the NFU would agree with that. Here the NFU has given a clear endorsement of CPTPP, partly because it offers the opportunity for UK agriculture to sell their fantastic products abroad. That is part of the point of doing this: so that UK agriculture can access these fast-growing markets around the Asia-Pacific and the Pacific rim and sell high-quality British produce to those markets. That is why the support overall from the farming community is there for the UK joining CPTPP.

Looking to the future, the Government intend to produce a biennial monitoring report and publish a comprehensive ex post evaluation for the agreement within five years of the UK’s accession. I confirm to the hon. Member for City of Chester that the evaluation will include an assessment of the environmental impact. An inclusive and participatory process will be at the heart of the evaluation, providing structured opportunities for a wide range of stakeholders to share their views and provide evidence. However, those impacts cannot be disaggregated by individual chapters. That goes to the heart of many of the Opposition’s amendments. They want to have an impact assessment for different factors within CPTPP, but the Government already have a firm process in place to consider the agreement, its impact and its effects as a whole. That is the right thing for us to do. Additional impact assessments of the type being proposed would cost the taxpayer without showing the effects of the agreement as a whole.

On new clause 1 on deforestation and the environment, I can provide assurance that the UK will continue to uphold our very high environmental standards in all our trade agreements. CPTPP does not affect the UK’s ability to take social value or environmental considerations into account in procurements where they are relevant and do not discriminate. The procurement chapter of CPTPP includes a provision also found in the World Trade Organisation agreement on Government procurement, the GPA, and in our other free trade agreements that exempts measures necessary to protect human, animal or plant life or health, understood to include environmental measures as well.

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[Greg Hands]

I thank my hon. Friend for that excellent intervention. His point goes back to the pause in the Canada negotiation. If one wants to understand the seriousness with which the UK Government treat those obligations and our domestic standards, that was one of the reasons for pausing the Canada negotiation. Many Opposition Members never agreed with being part of the agreement in the first place precisely because Canada was becoming a demandeur, particularly when it came to things such as hormone-treated beef. That was one of the reasons for pausing that negotiation.

[Mr Dhesi]

rose—

[Greg Hands]

I will take an intervention on the intervention.

[Mr Dhesi]

The Minister is being generous with his time. We had a similar fanfare when the Australia trade deal was announced. However, the former Environment Secretary no less, the right hon. Member for Camborne and Redruth (George Eustice), said that Britain gave away too much for too little in return in the Australia deal negotiations. That is why we have such protestations and complaints from various farmers and farming unions. What protections have Ministers put in place to ensure that farmers and other agricultural producers are better protected in the CPTPP agreement?

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[Greg Hands]

I thank the hon. Gentleman for that intervention. He raises a good point, but if I am not mistaken he is referring to the IPO consultation, rather than the CPTPP consultation. The IPO consultation was already planned and is not directly or exclusively about our accession to CPTPP. The IPO consultation is fundamentally different from the CPTPP accession process, although they treat of a similar issue. He asked whether the amendments were asked for by CPTPP parties. The answer is no—they are necessary for the UK to join CPTPP. One of the most important things to understand in reference to CPTPP is that it is a pre-existing agreement; it is not negotiating new text. This needs to be done for the UK to join CPTPP.

[Mr Dhesi]

For the sake of clarity, can the Minister confirm 100% whether the changes to the UK’s copyright provisions contained in the Bill were requested by any individual member of CPTPP or the secretariat during the negotiations?

[Greg Hands]

The hon. Gentleman is misunderstanding how the process works. The comprehensive and progressive agreement for trans-Pacific partnership is an existing treaty, signed in 2018. The UK is acceding to the existing text. Nobody would be sitting down with us negotiating whether we might do something or not do something, because we are acceding to a pre-existing text. It would not necessarily have been appropriate for all 11 of the CPTPP parties to sit down at negotiations saying, “Are you agreeing to this? Are you not agreeing to this?” We are agreeing to accede to the deal as it stands. UK law already exceeds the minimum standards in CPTPP, and generally makes rights available to foreign nationals. This is a necessary part of our accession to CPTPP.

Amendment 5 would limit the application of some parts of clause 5 only to CPTPP parties. It would mean ceasing to provide protection to some other foreign performers. This would conflict with the requirements of those treaties on performers’ rights I have already mentioned, and would put the UK in breach of its international obligations. The Government therefore cannot support amendment 5, as it would put the UK in breach of our international obligations.

Amendment 6 would delay the amendments that this Bill makes to existing powers in the Copyright, Designs and Patents Act 1988. Those existing powers allow the making of secondary legislation to extend or restrict the protections to particular countries—for example, to restrict the rights extended to a country that fails to provide equivalent protection to British performers. The amendments that the Government are making to this power are merely about ensuring that its scope is not inadvertently eroded by the other changes in clause 5 —that the power can continue to be exercised to the same effect as under the status quo. It is not about introducing new powers.

Under clause 7, the amendments to that power take effect as soon as the Bill comes into force. That is the commencement clause of the CPTPP Bill and ensures that the power can be used in preparation for the other provisions of clause 5 coming into effect, avoiding the unnecessary disruption that might otherwise arise if we could only modify the impacts of the Bill after it had already taken effect. It effectively prevents there being, shall we say, a two-stage process in terms of how we ensure that we are compliant.

[Mr Dhesi]

Can the Minister confirm how the Government are considering the Intellectual Property Office consultation on the right to be paid from broad-casting and public playing of music, which is not due to close until March? Will that allow sufficient time for the Government to adapt the IP provisions in this Bill to ensure that there is a positive impact on Britain’s creative industries?

[Greg Hands]

We are all looking for a positive impact on Britain’s creative industries. It is one of our key asks, and one of the key things that we market abroad as a whole Government, ensuring that our creative industries get marketed well—especially in CPTPP countries. The fast-growing markets of the Asia-Pacific and the Pacific rim are exactly the sort of places we want to reach. I will come on to describe in a moment the interaction with the IPO consultation and where that might take the provisions we are talking about today.

I return to amendment 6, which would prevent the avoidance of unnecessary disruption and the multi-stage process that I was talking about. It would make disruptive, successive changes to the law on this area much more likely. It would introduce risks to the creative industries, which we all wish to support. I am sure the Opposition would not wish to do anything that created additional risks to the creative industries and to consumers, with no upside.

Amendment 7 would apply even more widely. It would delay the commencement of all the performers’ rights provisions until

“twelve months after the day on which this Bill is passed.”

We cannot accede to CPTPP until our law meets its requirements. That requires that we make the changes in the Bill. Delaying those measures means delaying our accession and delaying its benefits to UK businesses, including in the creative industry sectors, and to consumers.

For the reasons that I have set out, the Government cannot support the amendments. However, I understand that they reflect concerns about the scope of clause 5 and the possible impact on creative industries. Although we must make these changes, there is a possibility of modifying the impact of the Bill in one important area: the right of performers to be paid royalties when their performances are broadcast or played in public. I understand that that issue has been of most concern to some in the creative sectors. For that right and the equivalent right for producers of sound recordings, we have some flexibility under CPTPP and other treaties to modify our approach. Powers in the Copyright, Designs and Patents Act 1988 will allow us to do so through secondary legislation.

As has been mentioned, the Intellectual Property Office is consulting publicly on the question of how we provide those rights to foreign nationals. The consultation is ongoing until 11 March, and we aim to implement its outcome in parallel with the Bill coming into effect. The consultation process will ensure that there is sufficient opportunity for stakeholders to consider, prepare for and influence the outcome in that area.

There is no benefit to delaying the changes to the law, as the amendments seek to do; as I have set out, there are clear risks in doing so. I hope I have made it clear why we cannot support the amendments, which are unnecessary and in some cases damaging. I ask the hon. Member for Harrow West to withdraw his amendment.

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[Gareth Thomas]

I am grateful to the Minister for those replies. I will reflect on the points he has made, and may return to these on Report. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 5

Review: Investor-State Dispute Settlement

“The Secretary of State must lay before Parliament a review of the financial risk of the implementation of the Investor-State Dispute Settlement aspect of the Investment Chapter of the CPTPP, not more than 18 months after the day on which this Act is passed.” —(Mr Tanmanjeet Singh Dhesi.)

Brought up, and read the First time.

[Mr Dhesi]

I beg to move, That the clause be read a Second time. [Interruption.] I am most grateful to my hon. Friend the Member for Harrow West for his remarks from a sedentary position. Were he speaking to this new clause, I am sure he would do a much better job. As we delve deeper into the considerations of the CPTPP, our focus now shifts to the investor-state dispute settlement mechanisms. We must pay close attention to the safeguarding of national sovereignty, public welfare and environmental integrity. We in the Labour party have listened to the voices of numerous stakeholders, including the Trades Union Congress, the Trade Justice Movement and Greenpeace, which all express concern at the impact of the ISDS mechanism, particularly highlighting its disproportionate impact on democratic governance and policy autonomy.

As hon. Members will know, the ISDS mechanisms allow private investors to sue Governments for alleged discriminatory practices. I wish to flag concerns about ISDS’s potential to challenge environmental regulations. A poignant example is the 2021 case of Eco Oro Minerals Corp. v. Republic of Colombia, which illustrates the tension between corporate interests and environmental conservation. Colombia’s efforts to protect the páramos—a crucial ecosystem supplying 70% of the nation’s water—were countered by Eco Oro with a substantial legal claim of $696 million in damages due to a mining ban. This case highlights the potential for ISDS mechanisms to be wielded against Government actions aimed at preserving the environment, thereby urging the UK to tread cautiously as we navigate the intricacies of international trade agreements like the CPTPP.

We are particularly wary of how these mechanisms might impede our nation’s progress towards meeting climate targets. Furthermore, the potential jeopardy ISDS poses to public services cannot be overstated. The TUC has raised concerns that the prospect of foreign investors suing over the nationalisation of services, or the introduction of new public health regulations threatens our capacity to govern in the public interest, potentially having dire consequences for essential services such as the NHS and education.

For example, the case of Veolia v. Egypt, which concluded in 2018 after six years of litigation, where Veolia sued over wage increase policies, underscores the risk of ISDS mechanisms being used to challenge policies aimed at improving public welfare, with legal proceedings that can last years and entail substantial financial costs for Governments. Although Veolia eventually lost that case, it is still the case that Governments lose even if they win, because the Egyptian Government had to spend six years defending the case and pay millions of dollars in arbitration and legal costs. Although the costs of that case have not been made public, studies from the OECD show that average costs are $8 million to $10 million, and they can be as high as $30 million. That case serves as a reminder of the potential for ISDS to prioritise profits over the wellbeing of citizens, making it imperative to reform those mechanisms to enhance transparency and fairness in the dispute resolution process.

Historical precedents starkly illustrate the contentious nature of ISDS mechanisms. The shadow Minister for international trade, my hon. Friend the Member for Wigan (Lisa Nandy), proposed amendments, inspired by real world cases like Philip Morris’s challenge against Australia, that highlight the pressing need for stringent scrutiny and limitations on ISDS provisions to prevent corporate interests from unduly influencing national policy. Those instances demonstrate a pattern where ISDS is utilised to contest national policies and regulations, emphasising the need for enhanced parliamentary oversight and public consultation, as proposed in our amendments. Such cases vividly underscore the threat that ISDS poses to environmental policies and actions crucial for combating climate change and protecting biodiversity. Those examples highlight the pressing need for that scrutiny, which is why that enhanced parliamentary oversight is important.

I also want to delve into data from the United Nations Conference on Trade and Development, which indicates that disputes involving environmental regulations are on the rise, emphasising the vulnerability of environmental policies under ISDS. It is imperative to note that, between 1993 and 2020, UNCTAD reported a staggering 1,104 known ISDS cases globally, with a significant number of challenging environmental regulations. That necessitates implementing safeguards in the CPTPP Bill to prevent challenges to measures protecting biodiversity or reducing carbon emissions. That trend once again underscores the urgency of implementing safeguards within the CPTPP Bill to protect against ISDS overreach, ensuring that measures taken to protect biodiversity or reduce carbon emissions are not contested, thus preserving our commitments under international agreements, like the Paris climate agreement.

I also want to discuss public services at risk. A study by the European Federation of Public Service Unions highlights that ISDS mechanisms have been used to challenge public interest measures, such as environmental regulations, health and safety standards, showing a clear conflict with public service provision. The ability for foreign investors to sue over the nationalisation of services or the introduction of new regulations to protect public health poses a threat to our ability to govern in the public interest. That could have dire consequences for the NHS, education and other critical public services, restricting our ability to implement policies without the spectre of costly legal challenges.

None the less, it is also crucial to acknowledge the perspective that ISDS provisions, when applied judiciously, can offer a level of legal protection to investors against genuine cases of expropriation or unfair treatment by host states, thereby contributing to a stable investment environment. The challenge lies in ensuring that those mechanisms do not infringe upon the legitimate policy space of Governments to enact regulations in the public interest.

Considering the critical examination of the ISDS provisions within the CPTPP, it is essential to underscore that ISDS mechanisms can significantly impact the regulatory sovereignty of nations, allowing private corporations to challenge public policies and regulations designed to protect public health, the environment and welfare. I am sure the Minister is aware that we have had several debates over the last few years, and especially over the seven years that I have been in Parliament, around sovereignty and the need to protect national sovereignty, so I hope he will address these concerns.

Our proposed amendments, such as that to clause 2 for enhanced parliamentary oversight, and the requirement for public consultation on ISDS provisions, are informed by the analysis of cases like Veolia v. Egypt and Philip Morris v. Australia, which demonstrate the tangible risks ISDS poses to public welfare and environmental protection. Our amendment to clause 2 for enhanced parliamentary oversight proposes mandating parliamentary approval for regulations relating to ISDS mechanisms by resolution of each House of Parliament, reflecting our commitment to democratic oversight. This step ensures that the ISDS mechanism within the CPTPP undergoes thorough scrutiny, reflecting our dedication to maintaining the integrity of our legislative process.

With regard to public consultation requirements on ISDS provisions, in alignment with our principles of transparency and public engagement we propose adding a requirement for comprehensive public consultations specifically on the ISDS provisions within the CPTPP. This amendment ensures that the diverse viewpoints and concerns of our society, including those from trade unions, environmental groups and sectors potentially affected by our ISDS claims, are duly recognised and addressed.

In relation to safeguard amendments against ISDS overreach, inspired by the consolidated list of amendments by my hon. Friend the Member for Harrow West, the shadow Minister for Business and Trade—he has done a great deal of hard work on this—we advocate for safeguards within the CPTPP Bill to protect against the overreach of ISDS mechanisms. That includes stipulations that prevent ISDS claims from undermining the UK’s legislative autonomy in areas such as public health, environmental protection and labour rights, thereby preserving the UK’s regulatory autonomy and ensuring that ISDS mechanisms cannot be used to challenge legislative and regulatory actions taken in the public interest in our Parliament.

By proposing these focused amendments to the CPTPP Bill, we aim to address the legitimate concerns surrounding ISDS mechanisms and their potential implications for our country. These proposals are founded on our unwavering commitment to upholding the principles of fairness, environmental stewardship and social justice in our trade policy. This ensures that our trade agreements not only pursue economic objectives, but safeguard the broader interests of our society and the protection of our democratic processes.

[Matt Rodda]

I commend my hon. Friend’s speech. He is making an excellent point. This issue has been raised with me a number of times in my time as an MP, by both charities and other civil society groups. There is a great deal of concern about ISDS in the community, particularly, in my experience, from charities involved in development. My hon. Friend is making an excellent point in trying to address some of those legitimate concerns about the nature of trade policy.

[Mr Dhesi]

The contributions of my hon. Friend the Member for Reading East and other hon. Members in the Chamber on Second Reading underlined serious, legitimate concerns around ISDS and how it has been utilised around the world. I fear that the Government have not fully addressed those concerns. That is why I have gone to great lengths to delineate the problem. I hope that the Minister will address those points in his concluding remarks.

In conclusion, while recognising the potential economic benefits of the CPTPP, the Labour party remains steadfast in its commitment to protecting the UK’s sovereignty, public welfare and environmental integrity. Our call for a balanced approach to the ISDS mechanism is underpinned by substantial evidence of its potential misuse in challenging public interest measures, necessitating reforms to ensure that trade agreements such as the CPTPP do not undermine democratic governance or the ability of Government to regulate in the public interest. As we proceed in Committee, let us ensure that our trade policies reflect our collective aspirations for a fairer, more sustainable future.

[Greg Hands]

On new clause 5 on ISDS, I can provide assurance to the Committee that the UK already has investment agreements retaining ISDS provisions with about 90 trading partners, including seven of the 11 CPTPP parties. The UK provides a welcoming investment environment, with a non-discriminatory regime, strong rule of law and good governance. I remind members of the Committee that we have never been a recipient of a successful ISDS case—we have already disposed of the Eurotunnel red herring—from any investors from CPTPP parties or investors from any other country with which the UK has ISDS commitments through its investment agreements.

We are also clear that where we do negotiate investment protection and ISDS provisions in FTAs, we will not hinder our inherent right to regulate in the public interest, including in areas such as the environment, climate and labour standards. The right to regulate is recognised in international law, and CPTPP expressly reaffirms states’ rights to regulate proportionately, fairly and in the public interest.

May I take issue with the hon. Member for Slough and his very unbalanced views on ISDS, which reflect an old-fashioned view in the Labour party, perhaps from a few years ago, that business is always bad? Whatever the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) or the right hon. Member for Leeds West (Rachel Reeves) might say now, I think that today we are still seeing that attitude that business is always bad.

[Mr Dhesi]

rose—

[Greg Hands]

Let me finish my argument. ISDS can be of great benefit to British companies abroad, and it protects jobs and livelihoods at home at the same time. It can make the UK a more attractive market to invest in—we are the Europe’s No. 1 destination for foreign direct investment—and it is important that the atmosphere for foreign investors remains strong. It generates jobs and prosperity here in the UK. And yet I hear increasingly in Committee rather the opposite. Contrary to the Labour party centrally saying that it is a pro-business party, I am hearing a very anti-business attitude and that business is always wrong.

[Mr Dhesi]

Will the Minister give way?

[Greg Hands]

I am not going to give way. We have a balanced approach. ISDS does not prevent a right to regulate. It cannot force a change in domestic regulation, but it does prevent arbitrary discrimination against foreign companies, which in the case of CPTPP means—

[Mr Dhesi]

On a point of order, Dr Huq. I seek your advice about when a Minister of the Crown mischaracterises what has been said by someone, especially with regards to business. As someone who started and ran my own small business, I do not need lectures from Conservative Ministers about how to operate in business. The mischaracterisation also relates not only to whether our party is pro-business, but to the fact that I gave very balanced pros and cons of ISDS. May I seek your advice as to how that can be remedied in the record?

[The Chair]

The hon. Member has made his point. To be fair, it is not compulsory for anyone to take any interventions, but as the Member who moved the new clause, you will give a response in a moment, when the Minister has concluded.

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[The Chair]

To respond to all that, Tam Dhesi.

[Mr Dhesi]

Thank you, Dr Huq. I would have thought that new clause 5 was sensible, and something that the Government should accept. All we are asking is that, no more than 18 months after the date on which the Act is passed, we have a review of the financial risk. However, if the Government are not willing to cede on that, we will seek to divide on the new clause.

For the record, I want to state that Labour is not only the party of business, but the party of working people. The Minister gesticulates from a sedentary position, but I think it is incredible that the Labour party’s business conference was sold out within four hours, which is more than I can say for the lacklustre performance from the governing party in terms of its abilities to woo the business community. We cannot dismiss at hand, as the Minister has done, the legitimate concerns of working people, as illustrated by the TUC and other organisations. It is important that those concerns are addressed.

I also note that the Minister did not answer the intervention from my hon. Friend the Member for Harrow West about why the Government are not seeking to have ISDS provisions within the Canada agreement. Perhaps the Minister would like to rise now. He said that he would address that point in due course. That due course has not unfortunately arrived, but it is for those reasons that we believe new clause 5 is important.

[Greg Hands]

I think the hon. Gentleman was perhaps distracted, but I did actually go into some detail about Canada and listed the fact that £40.6 billion-worth of British investments in Canada should now be covered by these protections for the first time. I did actually give quite a comprehensive answer when it came to Canada, the UK and ISDS.

[Mr Dhesi]

That still does not deflect from the point that, with respect to ISDS, it is one rule for one nation and another for the rest. That is why it is important that those ISDS provisions are looked at, because they are of serious concern when we are embarking upon this agreement. New clause 5 is very important and I therefore wish to push it to a vote.

Question put, That the clause be read a Second time.