Oral Answers to Questions

John McDonnell Excerpts

Thursday 14th September 2023 Commons Chamber

[Ms Ghani]

I referenced in my previous response the SPS controls; they were not in place when we were in the EU so I am not sure exactly what the hon. Gentleman’s anxiety is.

[John McDonnell (Hayes and Harlington) (Lab)]

10. What plans she has for accession to the comprehensive and progressive agreement for trans-Pacific partnership.

[The Secretary of State for Business and Trade (Kemi Badenoch)]

I signed the UK’s accession protocol to the CPTPP in New Zealand in July. We are now taking the necessary steps to ratify our accession agreement at the earliest opportunity. We expect it to enter into force in the second half of next year.

[John McDonnell]

I thank the Secretary of State for her response. The CPTPP contains investor-state dispute settlement provisions which allow corporations, as she knows, to sue national Governments through a largely secretive parallel legal system if they consider that Government policies threaten their future profits. Of the new agreement member states, Canadian countries have used the ISDS particularly aggressively, bringing 65 cases, the majority of which have been brought by mining and fossil fuel firms against the energy and environmental policies of various Governments. Will the Government consider negotiating a side letter with Canada, as they already have with New Zealand and Australia, to disapply the ISDS provisions in order to ensure the UK Government’s right to regulate is not constrained by powerful investors and corporations?

[Kemi Badenoch]

We have passed the stage where we will be making any changes; we are now trying to ratify the protocol. But the right hon. Gentleman should be reassured: the Government have always been clear that when we negotiate investment protection we do so in a way that does not hinder our right to regulate in the public interest. The UK already has investment agreements containing ISDS provisions with seven of the 11 CPTPP countries and we have never received a successful claim from any investors of CPTPP countries, or in fact investors of any other country with which we have ISDS commitments.