Question to the Department for International Trade:

To ask the Secretary of State for International Trade, if she will make it her policy not to negotiate, sign or ratify any future trade agreements that include investor state dispute settlement provisions.

The precise details of any future Free Trade Agreement (FTAs) are a matter for formal negotiations, and HM Government would not seek to pre-empt these discussions.

The United Kingdom has investment agreements with Investor-State Dispute Settlement (ISDS) provisions with over 90 trading partners. HM Government recognises the importance of strengthening international investment in response to COVID-19, and the continuingly important role played by both investment protection and ISDS provisions in safeguarding British investors overseas, including pensioners across the country through their pension funds and small and medium sized enterprises (SMEs).

Where ISDS is included in future agreements, we will seek to ensure fair outcomes of claims and high ethical standards for arbitrators. We are clear that HM Government and our treaty partners retain the right to regulate in the public interest, including for public health purposes, and this is already recognised under international law. There has never been a successful ISDS claim against the United Kingdom, nor has the threat of potential claims affected our legislation.