Australia and New Zealand Trade Deals

Lloyd Russell-Moyle Excerpts

Monday 14th November 2022 Commons Chamber

[Nick Thomas-Symonds]

I entirely agree that it is the UK Government who are carrying out the negotiations, but they should not just carry out the negotiations and inform the devolved Administrations about them but take their views into account before the negotiations begin. I hope that the Minister will be as good as his word. I am sure we will see that in the months to come.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

This is a very interesting and useful conversation. Is it not right that other countries do this very differently? Belgium includes its regions in the negotiating teams, which are therefore in the room. The USA includes representatives of trade unions and businesses in the negotiating teams, who are therefore in the room. Australia, in this instance, excludes any matters that the states are responsible for, so they are not touched on in this trade deal. Is it not the case that this Government are the weakest of all the partners?

[Nick Thomas-Symonds]

My hon. Friend is absolutely right that there is a better way to do that, as he eloquently sets out.

On the theme of scrutiny, Lord Grimstone said in May 2020 that the Government do not envisage

“a new FTA proceeding to ratification without a debate first having taken place on it”.—[Official Report, House of Lords, 23 February 2021; Vol. 810, c. 724.]

Clearly, that has not happened, and that is why this debate is in such odd circumstances. There are crucial elements to both these deals that deserve wider debate and scrutiny.

I want to highlight the real challenge in the Committee for the Bill that the Minister referred to, which was not a Bill about giving effect to a whole range but a specific, narrow Bill on public procurement provisions. The nature of the Bill meant that, under the entirely appropriate rules of this House, finding areas of debate in Committee was very difficult. It was prohibitively narrow: climate change, workers’ rights, consultation with devolved Administrations and animal welfare were not within the scope of the Bill. The agreements were signed before they came before Parliament, so the scope for meaningful debate was fatally curtailed. There has been no scrutiny worthy of the name.

The International Trade Committee rightly criticised the process on the Australia deal and the Government’s premature triggering of the 21-day process under the Constitutional Reform and Governance Act 2010 without the full Select Committee consideration being available to Members. When pressed, the Government refused to extend the process. All the while, in a number of urgent questions, the then Secretary of State, the right hon. Member for Berwick-upon-Tweed (Anne-Marie Trevelyan), swerved I think eight invitations—I will be corrected if I am wrong—to attend the International Trade Committee. I wonder whether the Government’s reticence to open themselves up to scrutiny is because, ultimately, they know they are falling short.

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[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

The first thing to say about international trade deals nowadays is that they are not just trade deals. They are comprehensive agreements on how countries will co-operate and how they will grow together. They are dynamic deals that will set the future course of the respective countries. They are, of course, very similar to the deals we had with the European Union in many respects, but with less scrutiny, less oversight and less public participation.

That can be more acutely demonstrated when we compare these trade deals with the deals the European Union is busy getting on with now. We can see that the European Union’s deal is much more advantageous to the European side than this deal is to our side. Why is that?

[Anthony Mangnall]

Speak up for this country!

[Lloyd Russell-Moyle]

My colleague on the International Trade Committee says I should speak up for this country, as if I should be some ambassador for the Government, ignore how they are running down this country and only talk about the good things. I am afraid that is not the role of the Opposition and of Opposition parties. What we do is lay out how we would benefit our country if we were in power, and what we would do better for our country where the Government have failed.

Let us talk about things that could have been included in this deal, but were missed—first, food standards. In this deal, animal and food standards are frozen in Australia, because this deal gives Australian producers a competitive advantage. While they will not go backwards, why on earth should they desire to improve their standards above ours? That gives them no advantage. Rather than saying, “We will slowly reduce barriers as you meet the standards that we are getting to,” it says, “You have absolute access to our markets, and don’t worry, you don’t need to change your standards either”—that is, apart from some wishy-washy wording about some long-term desire; mañana, mañana. We all know what those clauses mean: nothing. The only thing that matters is hard trade law, hard tariffs and quotas, and on that, we have been let down.

In fact, when we asked the Australian negotiating teams what they thought of this, they said, “All our red lines were met; we compromised on almost nothing. It is a fantastic deal.” Well, yes, it is a fantastic deal for Australia. If one side has all of its red lines met and the other does not, it is clear who the winners and losers are.

We could have gone further on free movement of people. The extension of our current visa arrangements for the free movement of students from two years to three years is pretty pathetic. Free movement should be afforded to countries that are of a similar economic situation to us—that is why we had free movement with Europe—and that have similar flows. We have similar numbers of people going to Australia and of Australians coming to us. The expansion by only one year is pretty pathetic and will not make much difference for most young people, who already had the right to two years and could extend it in Australia if they worked on a farm. It is pretty miserable and unambitious.

The same can be said for climate change. In the Australia deal, the wording is weaker than, and does not go beyond, the Paris agreement. Australia is a country of similar economic and legal profile, and it now even has a Labour Government—unlike us, but not for much longer, I hope—so why can we not negotiate something better? The clauses on climate change are the kinds of things that we would expect from negotiations with countries that are much harder to negotiate with, such as China or India—countries that are much more problematic on climate change.

[Drew Hendry]

The hon. Gentleman is making a powerful point about climate change. Does he not find it incredible that all the concerns that might have been raised about climate change and the Paris agreement were scrubbed in the haste to get the Australia deal through so the Government could meet some arbitrary deadline?

[Lloyd Russell-Moyle]

Exactly. I must wrap up— [Interruption.] Oh, I will continue, then. I thought you were giving me the eye, Madam Deputy Speaker.

That is exactly the problem. If we have higher climate change standards, workers’ rights or environmental standards, and we have free trade with another country that has lower standards, all we are doing is exporting British jobs, opening the door and saying to companies, “Don’t worry about our climate change rules, our carbon trading or the standards we expect you to meet. Go and set up your companies in that other country, and we will still import all the goods and services.” That is an unemployment note for British workers, and the Government are signing it constantly, with country after country, because they are obsessed with getting deals over the line rather than with the quality of those deals.

[Tony Lloyd]

The environment chapter ought to have been capable of actually changing the climate change debate in Australia, so it is disappointing that it has, quite frankly, no teeth whatever. What does that say to countries with which we might want to negotiate to stop deforestation, mining coal and so on?

[Lloyd Russell-Moyle]

Exactly. Australia is a deep friend of ours. I spent hours outside the Australian embassy for the last elections, canvassing and campaigning for the Australian Labour party, which is now in government—although I do not think that success is all down to me. I regularly meet our counterparts in the Australian Labour party, and I am proud to say that not only are they friends, but my senior researcher is from that party and now works for me. There are strong links between our systems and our people. If, with friends, we cannot negotiate a deal that has teeth on environment and climate, we have no hope whatever when dealing with much more difficult countries.

This is partly because of the Government’s refusal to have proper parliamentary scrutiny. First, there was no need for them to trigger CRaG, because the agreement cannot be put in place until we have passed the enacting legislation, which has not even come back for Third Reading. The Government forcing through CRaG without parliamentary scrutiny was just arrogance on the part of Ministers and the Government—there was no other reason for it. They show the same arrogance to the International Trade Committee, which, time and again, they refuse to come and speak to. I cannot ascertain whether it is the arrogance of Ministers or the arrogance of senior civil servants—maybe it is a bit of both—but it is clear that the Department for International Trade has shown in this process that it is not fit for purpose and needs a real overhaul.

I am quite in favour of some of the ideas that the right hon. Member for Camborne and Redruth (George Eustice) set out. We should have a Department of trade, of foreign negotiations, or probably of foreign affairs—a Foreign and Commonwealth Office, one might say—that co-ordinates expertise in other Departments, such as the former Department for International Development. I was in DFID negotiations on the environment and on the Rio process year in, year out, all through our European period, and our colleagues in DFID led many of the discussions on the oceans and biodiversity. It had real expertise in those negotiations. We should have been using it. We have failed in the environmental chapters of this agreement because we did not leverage the fantastic negotiators as well enough as we have in other Departments.

The right hon. Member for Camborne and Redruth was also right to say that proper scrutiny in this place can help the Government’s hand. I remember when I was a trade unionist, and we would want our members to lay out strong, hard lines to us so that when we went into negotiations with the employer, we were able to say, “Look, I am the reasonable one here—I am trying to get to an agreement—but my members are livid; they are angry; they are fuming. You need to give me a bit more so we can strike this deal and avoid any action.” It is the same process in trade deals, but the Government’s refusal to use us means that they have sold this deal short.

Finally, I will touch on procurement. In the Trade (Australia and New Zealand) Bill Committee, we heard that some of the wording on procurement puts British companies in a worse position than they are currently, and I will briefly explain why. There is already a global agreement on procurement under which British companies already have the right to bid for procurement contracts in Australia. Those agreements require that if a company has worked up a credible bid that is then rejected, the company can claim certain costs. This trade agreement excludes those particular words. Of course, a company will probably go to the Australian courts or to our courts, where they will be able to argue their case, but the insecurity of different wording in different agreements now means that although a French company would have a 100% cast-iron guarantee of protection, because it is part of the same global agreement on procurement, a British company would be insecure in that protection.

In some areas, the agreement not only falls short of what we want, but actively sells our country short. That is why the agreement is such a shame; that is why we should have gone further; and that is why, if we had had earlier debates, none of this mess from the bungling lot on the Government Benches would have happened.

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[Andrew Bowie]

My right hon. Friend has an incredible amount of experience in this field. I would be happy to take up the issue with him outside the Chamber following the debate.

Our deals include a range of protections that allow us to apply higher tariffs to protect UK farmers, including tariff rate quotas for a number of sensitive agricultural products; specific additional protective measures for beef and lamb products, which will provide further tariff protections to our farmers; and a general bilateral safeguard mechanism that will allow the UK to increase tariffs or suspend their liberalisation for up to four years in the unlikely situation that the farming industry faces serious loss from increased agricultural imports. On top of all that, there is still the option of global safeguards under the WTO.

I will now turn to the points raised about environmental, animal welfare and food standards. I stress that we will never compromise on these critical protections—

[Lloyd Russell-Moyle]

You have!

[Andrew Bowie]

No, we have not. That is why our trade deals include specific measures to uphold them.

Before I go on, I must quickly correct the record. Earlier, the Minister for Trade Policy, who unfortunately has a prior engagement in his constituency, said in response to an intervention from the hon. Member for Rochdale (Tony Lloyd) that the climate change agreement in the deal was Australia’s first. It is not; it is actually Australia’s second. It also has an environmental chapter in its agreement to the CPTPP. In addition, the Trade and Agriculture Commission has separately confirmed that our free trade agreements do not require the UK to change our existing levels of statutory protection in relation to any areas.

I now briefly turn to scrutiny, which is incredibly important. Contrary to the description of the right hon. Member for Warley of the scrutiny process, and always remembering that CRaG was introduced by Labour, the Government have made extensive commitments to support robust scrutiny of all new free trade agreements. These commitments greatly exceed our statutory requirements and we have met every single one.

I hear and understand the concerns of the hon. Member for Rochdale and I accept the challenge to go further and do better, but the Australian FTA was examined by Parliament for more than seven months and the scrutiny period featured reports from three Select Committees. I praise the contribution of my hon. Friend the Member for Totnes (Anthony Mangnall) and it is sad that the Chair of the International Trade Committee, the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), is not in attendance today.