Question to the Department for International Trade:

To ask the Secretary of State for International Trade, what assessment she has made of the potential effect of the Government's response to the covid-19 pandemic on the number of investor state dispute settlement (ISDS) cases; what assessment she has made of the potential merits of (a) co-operating with other countries, especially those in the Global South, to jointly withdraw consent to ISDS arbitration and (b) unilaterally withdrawing consent to ISDS arbitration before the first cases are brought arising from the covid-19 pandemic; and if she will make it her policy to exclude ISDS from all trade and investment negotiations involving the UK and not to sign any new agreements including ISDS.

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

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).

We are clear that HM Government and our treaty partners retain the right to regulate in the public interest, including for public health purposes, which is already recognised under international law.