Transatlantic Trade and Investment Partnership

Chris Stephens Excerpts

Thursday 9th July 2015 Commons Chamber

[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.