Asked by: Tasmina Ahmed-Sheikh (Scottish National Party - Ochil and South Perthshire)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Innovation and Skills, with reference to the Answer of 24 May 2016 to Question 37703, when he plans to establish the reading room for hon. Members to access Transatlantic Trade and Investment Partnership documents.
Answered by Anna Soubry
I refer the hon Member to the answer I gave on 5 July to Question UIN 41488.
Asked by: Tasmina Ahmed-Sheikh (Scottish National Party - Ochil and South Perthshire)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Innovation and Skills, what assessment he has made of the implications of the EU referendum result for his plans to implement the EU-Canada Comprehensive Economic and Trade Agreement.
Answered by Anna Soubry
While the UK is still a member of the EU, all rights and obligations will apply. We continue to support the EU’s trade agenda and the UK will participate constructively in EU decision making on trade issues including proceeding with implementation of the agreed EU-Canada Comprehensive Economic and Trade Agreement (CETA).
Asked by: Tasmina Ahmed-Sheikh (Scottish National Party - Ochil and South Perthshire)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Innovation and Skills, what assessment he has made of the implications of the EU referendum result for his plans to agree and implement the Transatlantic Trade and Investment Partnership.
Answered by Anna Soubry
While the UK is still a member of the EU, all rights and obligations will apply. We continue to support the EU’s trade agenda and the UK will participate constructively in EU decision making on trade issues. We are taking stock of our position with regard to the Transatlantic Trade and Investment Partnership negotiations.
Asked by: Tasmina Ahmed-Sheikh (Scottish National Party - Ochil and South Perthshire)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Innovation and Skills, what assessment he has made of whether parliamentary approval is required for implementation of the EU-Canada Comprehensive Economic and Trade Agreement.
Answered by Anna Soubry
While the UK is still a member of the EU, all rights and obligations will apply. We continue to support the EU’s trade agenda and the UK will participate constructively in EU decision making on trade issues.
The Government considers that the Comprehensive Economic and Trade Agreement (CETA) is a “mixed agreement” consisting of both EU and Member State competence. Provided the European Council agrees, this means that CETA can only take full effect once the UK has decided to ratify it. As part of that ratification process, the complete draft text of the agreement would be laid before Parliament for 21 sitting days. In addition, the Government will ensure the proposals for a Council decision on signature, and subsequently conclusion, will be subject to scrutiny in both houses of the UK Parliament.
Asked by: Tasmina Ahmed-Sheikh (Scottish National Party - Ochil and South Perthshire)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Innovation and Skills, whether the Government has conducted an (a) impact and (b) risk assessment of the potential effect of the investor protection clause of the (i) Transatlantic Trade and Investment Partnership and (ii) EU Canada Comprehensive Economic and Trade Agreement on the services and regulations devolved to the Scottish Government; and if he will place copies of any such assessment in the Library.
Answered by Anna Soubry
The Department for Business, Innovation and Skills commissioned research into the costs and benefits for the UK of the inclusion of investment protection provisions in the EU-US Transatlantic Trade and Investment Partnership (TTIP). This was published on 22 November 2013 and copies placed in the House libraries.
The investment protection provisions in the EU-Canada Comprehensive Economic and Trade Agreement (CETA) and any such provisions included in TTIP will not prevent Governments from regulating responsibly in the public interest, nor from delivering public services, including such services and regulations that are devolved to the Scottish Government. A claim can only be made under the Investor-State Dispute Settlement (ISDS) provisions where an investor believes it has suffered from discriminatory or unfair treatment. ISDS tribunals can typically only award compensation and cannot force governments to change laws or public service delivery models. The UK currently has over 90 investment protection agreements with other countries. There has been no successful action against the UK in respect of any of these agreements.
Asked by: Tasmina Ahmed-Sheikh (Scottish National Party - Ochil and South Perthshire)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Innovation and Skills, whether (a) legal costs and (b) compensatory payments resulting from investor state dispute settlement claims relating to acts by the Scottish local authorities would be passed onto those local authorities; and if he will make a statement.
Answered by Anna Soubry
The Government would typically be responsible for legal costs incurred and compensatory payments awarded by an ISDS tribunal resulting from acts by UK local authorities. There is no specific mechanism in place for the UK Government to pass any such costs or payments to Scottish local authorities. The UK has a good record of creating the right environment for investors and treating them fairly – we have over 90 such agreements in place with other countries and there has never been a successful ISDS claim brought against the UK.
Asked by: Tasmina Ahmed-Sheikh (Scottish National Party - Ochil and South Perthshire)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Innovation and Skills, whether (a) legal costs and (b) compensatory payments resulting from investor state dispute settlement claims relating to acts by the Scottish Government would be paid by the Scottish Government; and if he will make a statement.
Answered by Anna Soubry
If the UK were to lose a claim brought under the investor-state dispute settlement (ISDS) mechanism of a trade and investment treaty which relates to an act of a devolved administration, the memorandum of understanding between the UK and the devolved administrations would apply. This provides that the devolved administration would be responsible for the payment of legal costs and awards made by the tribunal to the extent that they arise from the failure of the devolved administration to implement or enforce an obligation or fail to meet their share of an international quota. However, the UK has a good record of creating the right environment for investors and treating them fairly – we have over 90 such agreements in place with other countries and there has never been a successful ISDS claim brought against the UK.