Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Bill [Lords]

Gareth Thomas Excerpts

2nd reading
Monday 29th January 2024 Commons Chamber

[Gareth Thomas (Harrow West) (Lab/Co-op)]

We support accession to the comprehensive and progressive agreement for trans-Pacific partnership. We have concerns about the Bill and will be seeking additional safeguards, but we will not seek to divide the House this evening.

As my hon. Friend the Member for Walthamstow (Stella Creasy) and my right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne), the Chair of the Business and Trade Committee, have said, the Bill is overshadowed by the apparent collapse of bilateral FTA negotiations with Canada, one of CPTPP’s most important members. There has been no statement to the House, and I read the transcript of the Secretary of State’s evidence to the Business and Trade Committee and saw no reference to the collapse of those negotiations. As I understand it, there has not even been a written statement to the House. This is one further sign of the Government’s cavalier approach to trade.

[Stella Creasy]

I thank my hon. Friend for giving way, because this really matters. With £750 million-worth of British car exports at stake, the Canadian Trade Minister, Mary Ng, has said on the record that she is “disappointed” the talks have fallen apart. The Ministers shouting “fake news” need to be clear and honest with the British workers whose jobs are at stake. Does my hon. Friend agree that we need some honesty from the Government? If they think the talks have not fallen apart, can they tell us when they will start again?

--- Later in debate ---

[Gareth Thomas]

I welcome my hon. Friend’s call for clarity from the Secretary of State, because the collapse of these talks leaves our exporters to Canada worse off than when we were in Europe. There has been no deal with the US, no deal by Diwali with India, no courage to do a veterinary agreement with the EU, and now this failure by Ministers.

[The Minister for Trade Policy (Greg Hands)]

I welcome the hon. Gentleman’s enthusiasm for the Canada agreement, but can he explain why, on 8 February 2017, he voted against the UK doing a deal with Canada in the first place?

[Gareth Thomas]

The right hon. Gentleman has some gall asking that question, bearing in mind that, during parliamentary consideration of the Trade Act 2021, he promised to negotiate a better agreement with the EU. Now we find ourselves having worse terms of trade with Canada than we had when we were in the EU.

It is striking, too, that one issue that bedevilled those discussions on the EU-Canada deal is now supported by Conservative Members. The Secretary of State specifically sought to avoid investor-state dispute settlement provisions in the bilateral deal with Canada that has now collapsed. We raised those concerns at the time.

This Bill and our accession to CPTPP will not make up for the tens of millions of pounds of extra costs that manufacturers and the car industry will face when exporting to Canada due to the loss of EU cumulation rights and the higher tariffs that will result from April. This Bill will also not be much help for dairy businesses that export to Canada. Cheese exporters are now facing tariffs of 245%, because Ministers were too late to try to stop the loss of a vital quota for tariff rate reductions. Ministers had to be woken up to this issue by questions from the Opposition.

[Sir Robert Goodwill (Scarborough and Whitby) (Con)]

I was a guest on the Business and Trade Committee last week, and I specifically raised the issue of cheese. If the hon. Gentleman had been paying attention, he would have heard that our tariff rate quota does not exceed the amount we previously exported. Cheese producers, particularly those in Wensleydale, can therefore sleep well at night.

[Gareth Thomas]

I do not know what happens in Wensleydale, but I have seen the comments and worries of other cheese exporters. During that Select Committee hearing, the right hon. Gentleman shared the concern of many Opposition Members about ISDS provisions.

The Secretary of State said that negotiations on the loss of EU cumulation rights for our exports of cars and other manufactured goods have not come to an end, but it is difficult to see how her pulling the plug on bilateral discussions with Canada on a new FTA will help to secure those cumulation rights. A trade deal should work for all parts of the country, including farmers, but evidence to the Select Committee made it clear that accession to CPTPP will mean further losses to the agriculture sector and the semi-processed agricultural food sector.

Ministers have been sending signals for some time that they are willing to ignore farmers. The deal with Europe put up huge barriers to trade for British farmers. On the deal with Australia, one of Britain’s own negotiating team said that we

“gave away far too much for far too little”.—[Official Report, 14 November 2022; Vol. 722, c. 424.]

Now, we have further losses through CPTPP.

[Anthony Mangnall (Totnes) (Con)]

The hon. Gentleman is being extremely selective about the evidence given to the Business and Trade Committee last week. When the Trade and Agriculture Commission—the statutory body that reviews the trade deals we sign—came before us, it said that membership of CPTPP will have no overall impact on UK farming. Would the hon. Gentleman like to correct the record?

[Gareth Thomas]

As the hon. Gentleman knows, other evidence was given to the Select Committee that underlined the likely loss to farmers and the agriculture sector in general. I will be happy to send him the note from that Select Committee.

There are questions about the intellectual property section of the Bill. There are wider concerns that Britain has been forced to be a rule-taker on the use of secret courts, that there are poor environmental and labour rights provisions and, crucially, that Ministers have no plan to help British business capitalise on this deal. Given the Government’s woeful performance on economic growth, the recent huge increases in barriers to trade and the cuts in support for exporters, we are pleased about any measures that help our exporters even a fraction.

The Secretary of State did not own up to it but, for the foreseeable future, this trade deal will have, at best, a minor impact on our terms of trade. There are trade benefits to membership, notably in the rules of origin provisions and in trade with Malaysia and Brunei, and there is longer-term potential if CPTPP becomes a deeper or more extensive trade bloc. In geopolitical terms, the closer ties with allies in the Indo-Pacific that CPTPP ushers in are welcome in these increasingly uncertain times.

Unfortunately, rational debate about these opportunities and trade-offs has been hampered by some of the more extravagant and exaggerated claims made by Conservative Members for the benefits of CPTPP membership. It was set to offer “unparalleled opportunities” for the UK. It was going to be a “glittering post-Brexit prize”. The Secretary of State has even done her own bit for such boosterism, with her Department claiming last year that all that is needed is for the US and half the rest of the world to join, and then there would be an extra £21 billion for the UK. I enjoyed “Wonka”, but I did not expect to find that level of fantasy preparing for this debate.

According to the Government’s own figures, this trade treaty was only ever going to deliver a 0.08% increase in economic growth over 10 years. It is nice to have, particularly given the mess that the Government are making of the economy, but now even the limited trade benefits they promised us have been cut in half.

[Kemi Badenoch]

The hon. Gentleman references my Department’s trade figures. These are modelling forecasts based on old figures that did not count the dynamic effects of trade agreements. They are completely out of date. They were done well before the agreement had even been negotiated, so they should not be used as a basis for deciding how this agreement will do.

[Gareth Thomas]

One set of figures the Secretary of State’s Department definitely did not put together were those that the Office for Budget Responsibility produced. It now expects only a 0.04% increase in our economic growth, after a decade, from joining CPTPP. As we already have free trade agreements in place with nine of the other 11 CPTPP members, formally joining CPTPP feels rather thin compensation for Ministers’ many other failures on trade.

[Liam Byrne]

In the light of the news that the figures that have been tabled by the Department are not accurate—I can barely believe it—would my hon. Friend, like me, have expected there to be a new impact assessment alongside the Bill, with the latest departmental assessments set out clearly therein?

[Gareth Thomas]

It would have been an excellent idea if the Secretary of State had published those. Perhaps she might be willing to publish them at the same time as giving us a statement about what exactly is going on in the negotiations with Canada. We will have to use the review of CPTPP in 2026 to try to increase more markedly the benefits of membership for British jobs, British consumers and growth.

[Richard Graham]

Interestingly, the shadow Minister is trying to have his cake and eat it. He is saying that the Government have made extravagant claims for the importance of CPTPP, while recognising that it will have a useful, modest role. As for the statistics that the Department might produce, does he agree that it would be difficult for the Department to project accurately what might happen over the next 10 years, because a cluster of nations, at least three of them within the Association of Southeast Asian Nations, might well apply to join, but we cannot speculate on that in advance? Surely he would agree that the potential of this opportunity represents a decent-sized prize for the UK.

[Gareth Thomas]

All I say to the hon. Gentleman is that I have recognised that there are benefits to accession, which is why we are not seeking to divide the House tonight, and that I will come on to the issue of potential new countries joining CPTPP in a bit.

The temptation for Ministers to exaggerate the significance of what this Bill ushers in—

[Mr Jayawardena]

Will the hon. Gentleman give way?

[Gareth Thomas]

Why not?

[Mr Jayawardena]

Given that the hon. Gentleman recognises that there are opportunities from this deal and that, thanks to the success of our continuity agreement programme, we have trade deals with many countries there already, does he not accept that the diagonal cumulation that is part of CPTPP is a huge boost to British businesses, in terms of supply chains?

[Gareth Thomas]

As I think the right hon. Gentleman may have heard—perhaps he was not listening—I did acknowledge that one of the benefits that will come from CPTPP accession is better rules of origin. However, I gently say to him that we should not exaggerate the benefits of those, because the benefits are not likely to be that huge. They are important to have, of course, given the economic mess he and other former Ministers helped to create, but those benefits are, none the less, modest.

As I said, the temptation for Ministers to exaggerate the significance of what this Bill ushers in is understandable, given that over the past 10 years Britain has had the worst export record of any member of the G7 apart from Japan. That partly explains why the British people have lower living standards now than they did when Labour left office. It is one reason why the British people have become, on average, £10,000 worse off since 2010 and it is key to why the UK is forecast to have the lowest growth in the G7 this year.

Ministers have published no trade strategy and provided no clarity about how the Bill fits in with wider trade ambitions. They have axed support for businesses to get to trade shows and cut funding for business groups to lead trade missions. There is little obvious planning to help businesses use the limited extra opportunities opened up through this Bill and other trade deals. Sensible policies to improve trade with Europe and cut red tape have been vetoed. Sadly, it is therefore not surprising that the independent OBR now expects our trade to grow by just 0.1% this year and in the next two years—that is a shameful record.

[Matt Western]

When, in a former life, I served on the Select Committee on International Trade, one thing we talked about was giving Parliament greater ability to scrutinise trade deals before they were validated. Does my hon. Friend think that we, in this place, should have more opportunity to scrutinise these deals? As he is describing it, what is being presented today is negligible in its contribution to UK growth, as has been explained.

[Gareth Thomas]

I share my hon. Friend’s opinion. He aired it during consideration of the Trade Bill a couple of years ago and I hope he might be willing to air it in this Bill’s Committee.

There is little sign either of a plan to ensure that this Bill helps CPTPP accession boost trade in the nations and regions of the UK. The Resolution Foundation published analysis last week showing that, despite all the promises of levelling up, more than 50% of services exports are concentrated in just one region of the UK. Ministers have never been interested in tackling those huge imbalances. Labour Members all remember the broken promises on trade: the “oven ready” Brexit deal; levelling up through trade; and 80% of the world being covered by new trade agreements. One by one, each of those promises that the Conservative party made to the British people have been broken.

No one outside Conservative circles will be surprised that this Bill is not going to lead to a huge boost to economic growth any time soon. The negotiations to join CPTPP were led by the same people who gave Australian farmers everything they wanted, by the same Ministers who boasted about a trade deal with Japan that will help their exporters four times more than ours and which has been championed by the very same Ministers who negotiated a trade treaty with Europe that has hiked up trade barriers, increased the cost of food and generated huge bureaucracy for business.

On the arrangements for scrutiny of this Bill, one would have hoped that Ministers would have learned lessons from previous trade Bills this House has considered, and that scrutiny arrangements before and after negotiations might have improved. We have, at least, not had the spectacle of Trade Ministers at war for a little while or of their failing to turn up to a Select Committee to answer basic questions about trade agreements. I appreciate that Lord Frost is not quite so popular any longer, but when even he can lament, when debating this very Bill in the other place, that scrutiny of trade agreements was better when we were in the European Union, there is clearly some way to go.

That is all the more the case because Ministers appear to be using this Bill to solve an apparent problem with intellectual property treaty rules, which may or may not be linked to CPTPP—the Minister in the Lords did not seem too clear on that; a mere two weeks ago, and only after pressure in the other place, Ministers rushed out a consultation document on this provision of the Bill, which is contained in clause 5 and potentially gives American and other overseas businesses huge sums that would otherwise have helped emerging British artistic talent. That consultation will not be finished until 11 March, and there is absolutely no clue as to when Ministers might have finished considering the responses and deigned to let us all have their thoughts on the way forward.

During bilateral trade negotiations, the Government were widely accused of giving in to the demands of Australian negotiators far too easily, creating dangerous precedents for those wanting to get access to our agricultural markets through other trade deals. It appears that Ministers are in danger of doing something similar with the copyright provisions in this Bill: giving away, when there appears to be no reason to do so, extra rights to receive payments to foreign performers—for example, those in America, which is cited in the consultation document and is not currently a member of CPTPP. That would reduce the earnings of our artists and our businesses here, which could hold back the development of the next generation of British musicians and artists.

Industry figures argue that there is nothing in CPTPP to justify the need to give foreign rights holders and performers payments where they do not currently receive them. If Ministers think those industry voices are wrong, I look forward to the Minister for Trade Policy spelling out, when he winds up, what specifically in CPTPP requires the change. Nothing in the trade deals with Australia or Japan, despite both of them being CPTPP members, required such a legal change then, so why do we need this now? It looks like Ministers are trying to sneak through changes to rules that are, at best, only loosely related to CPTPP by using this legislation instead of a separate and proper process and debate about why such changes are needed.

In winding up the debate, will the Minister explain to the House why changes to the way in which foreign record labels and recording artists qualify for payment rights—changes which, let us be clear, could cost British artists more than £100 million over the next decade, according to the Government’s own figures—are necessary now?

In Committee, we will also want to explore why Ministers have not sought exemptions to the ISDS provisions in the CPTPP as our allies in Australia and New Zealand have done, and as Canada did with the US during the United States-Mexico-Canada agreement negotiations. It is all the more surprising as Ministers were specifically trying to avoid ISDS provisions in the now collapsed UK-Canada FTA negotiations.

There has been a significant increase in legal disputes using ISDS provisions, and a series of cases have had a chilling impact on a range of progressive public policies on environmental issues, labour standards and public services We are yet to hear a convincing explanation from Ministers as to why ISDS is still needed—a point that the hon. Member for Totnes (Anthony Mangnall) referenced in relation to the Select Committee meeting next week.

[Sir Robert Goodwill]

I may have misheard but did the hon. Gentleman just say that the Australia deal was a bad deal for farmers and that it is increasing the cost of food? Australian wine is now certainly cheaper on our shelves, and our biggest food or drink export is Scotch whisky, which always benefits from free trade deals.

[Gareth Thomas]

I remember the comments made by the National Farmers Union about the Australia deal, so the right hon. Gentleman may want to look back at those before he rushes to make such an intervention again.

In Committee, we will also explore the further threat to Britain’s steel industry from the possibility of cheap imports of iron and steel from Vietnam, which may actually be produced in China. There has been growing debate about China’s interest in acceding to the CPTPP and its record on human rights. As my noble Friend Lord Collins pointed out, there are no meaningful, enforceable human rights provisions in the treaty. Nothing in law at the moment requires Ministers to allow debate in the House if there is agreement among CPTPP members to support China’s—or any other country’s—accession to the CPTPP. Will Ministers set out how they will ensure transparency over their consideration of new country applications once we are members of the CPTPP?

There continue to be a series of concerns about how environmental issues, such as deforestation, climate change and pesticide use are dealt with through the CPTPP. The Government’s record does not encourage confidence that those issues were close to the forefront of Ministers’ minds during negotiations.

[Matt Rodda (Reading East) (Lab)]

My hon. Friend makes an excellent point. Does he agree that there is a huge amount of public concern about the way that the Government have been managing environmental issues in their trade negotiations—both in the Australia deal and this one?

[Gareth Thomas]

My hon. Friend is right and we hope to pursue those issues in Committee. He would be very welcome to join us in so doing. There are benefits to joining the CPTPP and we support doing so, but there are real concerns as to whether Ministers have got us the best deal possible, which we will revisit in Committee.