Transatlantic Trade and Investment Partnership

Tasmina Ahmed-Sheikh Excerpts

Thursday 9th July 2015 Commons Chamber

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

I am grateful for the opportunity to discuss this important issue here today. While the public debate around the Transatlantic Trade and Investment Partnership, or TTIP, seemed to quieten down after the white hot heat of the general election, the issue is once again in the spotlight following the debate on the Lange report in the European Parliament this week. It is right that, at this important moment in the development of this agreement, the House considers the deal and its possible implications for our public services, especially in light of yesterday’s vote—although it is an indicative vote, and therefore non-binding.

After two years of negotiations, TTIP remains a highly controversial issue across Europe. To date, almost 2.5 million people have signed a Europe-wide petition in opposition to the proposals. It is clear from that, and from the high degree of public participation in consultations on the issues, that many people remain highly sceptical about the detail of those complex negotiations. That mobilisation of public opinion is a credit to the tireless campaigning work carried out by organisations such as War on Want and other campaigns, including that of 38 Degrees, which plays a valuable role in helping to inform the debate on a range of issues and in affording people the opportunity to make their voice heard.

Before I move to the areas of most concern to my constituents and me, I should state that some parts of the current proposals, despite their faults, have widespread support. I agree with the fundamental principle that has underpinned the negotiations. Europe and the US should work together to increase trade across the Atlantic. Trade is good for jobs. Scotland alone enjoyed £3.9 billion of exports to the US in 2013, making the US our single biggest market outside the EU. The US remains the largest inward investor in Scotland, with investment supporting some 100,000 jobs. I support measures that would grow the market for Scottish products in the US, and back any plans that will attract new investment to Scotland to support our growing economy. Our export potential is huge, and we must do all we can to support Scottish firms in maximising that.

It is in that context that I support a reduction in tariffs that would allow Scottish firms to compete on a level playing field with US manufacturers, because that would be good news for Scottish jobs. Despite these potential benefits, however, several key aspects of the proposals serve to undermine the whole process as things stand. The lack of transparency around the negotiations has prevented proper scrutiny and diminished public confidence.

[Patrick Grady (Glasgow North) (SNP)]

Does the lack of transparency in the negotiations not stand in stark contrast to my hon. Friend’s earlier point about the huge democratic engagement by the public on this issue and the huge concern expressed, including by several hundred of my constituents, before and since the election?

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[Ms Ahmed-Sheikh]

I am sure my hon. Friend speaks on behalf of many of our hon. Friends’ constituents who have written to us with similar concerns.

It is unacceptable that Members of the House and the European Parliament have been prevented from properly examining the documents in the process. At one stage, Members of the European Parliament were only allowed to see the documents relating to the treaty in a secret room and could not even remove them. It is self-defeating to act in the public good but prevent the public from properly examining the work that is being carried out on their behalf.

It is also of great concern to many that, in order to standardise the rules governing markets in the US and the EU, TTIP will lead to the lowest common standard of regulations. The European Union in particular has been a force for good in the creation of world-leading safety standards, which protect the best interests of workers and consumers. It is one of the many benefits of retaining membership of the European Union. We should celebrate those successes, not seek to undermine them.

However, my main point is that the Transatlantic Trade and Investment Partnership has the potential to undermine public services in my constituency and across Scotland and the UK. We need to take decisive action now to prevent this outcome. The Scottish Government have already made a number of representations to the UK Government and the European Commission about the possible implications of TTIP for Scottish public services, in particular the Scottish NHS and Scottish Water. I welcome the tone of the responses to date, which have contained encouraging words about how TTIP does not pose any threat to the NHS. In particular, I welcome the statement by the European Commission Director General for Trade that

“the net effect of the EU’s approach is that nothing in TTIP will lead to privatisation of the NHS”.

However, the fact remains that both the Scottish public and the Scottish Government must be able to see the final legal text of any agreement to be fully assured on this vital issue.

[Peter Grant (Glenrothes) (SNP)]

I have been contacted by a number of people who work in the NHS and a number whose lives depend on a successful NHS. Their concern is that TTIP may be the first step along a road towards the kind of health service that we see in parts of north America, where the first thing they do with a casualty coming into hospital is check their credit rating before checking for a pulse. I hear what my hon. Friend is saying about the assurances we have had from the European Commission. Does she believe that the people of Scotland have had sufficient reassurances to take the Commission’s words at face value?

[Ms Ahmed-Sheikh]

I do not think we have had sufficient reassurances, but the people of Scotland can be absolutely assured that every one of my hon. Friends will be here to ensure that we continue to represent their best interests and protect the public services that are dear to our heart and, indeed, to the people of Scotland, whom we represent.

The lack of transparency on the detail continues to undermine the public statements made by Ministers and European officials. I am disappointed that yesterday the European Parliament failed to take the opportunity to amend the Lange report to explicitly protect public services such as the NHS and water.

[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.

[Chris Stephens (Glasgow South West) (SNP)]

Will my hon. Friend confirm that Unison Scotland has concerns about TTIP being a threat to the new public procurement legislation that has just been passed through the Scottish Parliament, whereby Scottish public bodies can take local environmental and social wellbeing concerns into account in contracts?

[Ms Ahmed-Sheikh]

I absolutely agree with my hon. Friend’s position in relation to Unison. I am about to come to Unite in a similar respect.

In February this year, SNP Members of the Scottish Parliament, led by our First Minster, signed up to a pledge proposed by Unite, which stated, amongst other clauses, that

“TTIP must not give current or future US investors new rights that they could use to sue any level of government, public authority or NHS organisation because of their policies or actions relating to public healthcare.”

My colleagues and I absolutely support that pledge. Of course we welcome the recent developments announced by the Commission in May, but there is still some distance to travel if the final agreement is to gain our full support. This Government must clearly state to our European partners that the UK will veto TTIP unless we receive an explicit exemption for the NHS and Scottish Water as part of a general public sector exemption.

We are very proud of our public services. Governments in Scotland, the UK and beyond must therefore be able to manage those services for the greater good without fear that their democratic mandate might be overruled in the courts.

[Catherine West (Hornsey and Wood Green) (Lab)]

Will the hon. Lady give way?

[Ms Ahmed-Sheikh]

I will make some progress.

I hope that the Minister can start to set out today how this Government are making progress in delivering the kind of deal that Scottish MPs and the Scottish Government can support and the current timetable for agreement and ratification. In particular, I hope he takes this opportunity to set out how Parliament will be able to scrutinise the final proposal before it is ratified. We must have a full debate on this important matter.

The Transatlantic Trade and Investment Partnership undoubtedly has great potential to help grow the Scottish economy. We must ensure that that is not undermined by unwarranted and damaging provisions that put our public services at risk.

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[Ms Ahmed-Sheikh]

I appreciate that you are able to offer some kind of comfort, but in yesterday’s vote, when there was an amendment for a specific opt-out from TTIP for the NHS, we were defeated. You supported us in the motion—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I let the hon. Lady get away with it the first time, but now that she has done it a second time, I must tell her that she must not address the Minister as “you”. In the Chamber, “you” means the Chair. The Minister is the Minister.

[Ms Ahmed-Sheikh]

I apologise, Madam Deputy Speaker.

The Minister will have noted that the proposal for a specific opt-out was defeated in yesterday’s vote. How can he be so sure that we will be protected in any future agreement, and can we be assured that we will have an opportunity to debate it?

[Nick Boles]

I shall come to the point about debating it, but let me first deal with the hon. Lady’s point about an opt-out.

Of course it would always be great for the text of any agreement to contain all the reassurances that are required, but, even before yesterday’s vote, the Government were entirely satisfied that the position regarding TTIP would not threaten the public status of our NHS or other public services. We were entirely satisfied that there was absolutely no intention on the part of the Commission in negotiating the agreement, or on the part of any other EU member state, to allow the status of either our public services or theirs to be threatened. We are satisfied with the substance, although I acknowledge that more reassurance for our constituents would be welcome if it could possibly be provided. I fear that, to some extent, the hon. Lady praised 38 Degrees, but I would not be so kind. I think that, all too often, that organisation whips up a great many ungrounded fears. It is important for us, as Members of Parliament, to try to reassure our constituents.