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

Debate between Tanmanjeet Singh Dhesi and Greg Hands

Committee stage
Tuesday 20th February 2024 Public Bill Committees

[The Minister for Trade Policy (Greg Hands)]

May I welcome you to the Chair, Mr Davies, and welcome all members to this Committee for line-by-line consideration of this important Bill? Over 40 extraordinary minutes, we have heard an attempt by the Labour Front Bench to reopen the Second Reading debate, but I will try to answer the questions put to me.

Clause 1 is a non-controversial clause that defines the terms used in the Bill. “The CPTPP” means the comprehensive and progressive agreement for trans-Pacific partnership signed at Santiago on 8 March 2018, including the UK accession protocol as it has effect in the United Kingdom from time to time. “The UK accession protocol” means the protocol on the accession of the United Kingdom of Great Britain and Northern Ireland to the CPTPP, signed at Auckland and Bandar Seri Begawan on 16 July 2023.

We heard on Second Reading that the official Labour party position is to support the accession of the United Kingdom to the CPTPP, but over the past 40 minutes we have heard a series of speeches that give the opposite impression. That is often the case in today’s Labour party: there is a diktat from the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) up above, but below him something different is done, particularly by Members who were active when the right hon. Member for Islington North (Jeremy Corbyn) was the party leader. The hon. Member for Harrow West reminded us of his time on the Trade Bill Committee, when he was opposed to all UK trade agreements. Without myself embarking on a Second Reading speech, I wonder how much of that dichotomy is still there in today’s Labour party.

[Mr Dhesi]

I caution the Minister that there is no dichotomy here. As we said in the Chamber on Second Reading, although we are in favour of acceding to the CPTPP, the job of His Majesty’s Opposition is to go through the Bill line by line and point out the various anomalies, issues and concerns—not just our own, but those of movements including the Trades Union Congress and other voluntary and civil society organisations. Otherwise, we would be heading towards another car crash. Given that the governing party has managed to crash the economy, does the Minister agree that we need safeguards from the Opposition?

[Greg Hands]

I thank the hon. Gentleman for drawing attention to the fact that this is all about line-by-line scrutiny. I certainly welcome that, if it is indeed the approach that he will be taking. None the less, I feel that I should answer the questions that he and the hon. Member for Harrow West have raised.

Having been an Opposition Front-Bench spokesperson myself, I should point out that the way a Bill Committee generally works is that Members table amendments about things they wish to speak about, rather than seeking on clause 1 to shoehorn in all kinds of additional questions and issues on which they have not tabled amendments. The Labour party has been in opposition for some time now—close to 14 years—and one might have thought that it would have learned some lessons about how to be a more effective Opposition. None the less, I will respond to the questions in the spirit in which they were asked.

The first question was about Canada. Of course, the hon. Member for Harrow West was a frequent rebel when it came to the UK and EU trade agreement with Canada, so he has a bit of form here. He said that there is an important roll-over of the rules of origin, and he is absolutely right, but what he did not tell us is that he opposed those rules of origin in the first place when the comprehensive economic and trade agreement was passed in this very Committee Room seven years ago. It is a bit rich for him now to say that something is important today when he was one of a small minority of Labour Front Benchers who opposed it.

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

Debate between Tanmanjeet Singh Dhesi and Greg Hands

Committee stage
Tuesday 20th February 2024 Public Bill Committees

[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.

--- Later in debate ---

[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?

--- Later in debate ---

[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.

--- Later in debate ---

[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?

--- Later in debate ---

[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.

Sale of Arms: War in Yemen

Debate between Tanmanjeet Singh Dhesi and Greg Hands

Monday 13th July 2020 Commons Chamber

[Greg Hands]

My hon. Friend has expertise in this area. He will know that those are matters for the Foreign and Commonwealth Office, and I am sure he is making representations to it. I will certainly make those representations. He will know that the Government are involved considerably on the diplomatic front to seek a resolution of the conflict in the Yemen.

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

More than five years of death and destruction in Yemen has created the world’s worst humanitarian crisis, and the Yemeni people are rightly looking to us to show compassion and leadership. Despite compelling evidence that the Saudi-led coalition has violated international humanitarian law, a day after the Government finally held Saudi Arabia accountable for the brutal murder of Jamal Khashoggi, they announced the resumption of arms sales for use in the war in Yemen. Can the Minister see that this all makes the Government’s avowed concern for human rights look inconsistent, if not downright hypocritical?

[Greg Hands]

No, I do not agree with that at all. I have already answered the question on the relationship between the announcement last week, which concerns individuals’ human rights, and this announcement in relation to the consolidated criteria for export controls.