Free Trade Agreement Negotiations: Australia

Lord Purvis of Tweed Excerpts

Thursday 24th June 2021 Lords Chamber

[Lord Grantchester (Lab)]

My Lords, I thank the Minister for his letter and the Government for their update on the progress of the UK’s trading relationship with Australia. I had been waiting for the detail, following the announcement at the end of the G7 conference, as it seemed from reports that nothing had been signed and was unlikely to be before October or November this year. The information was released under the cover of darkness, on the night of 17 June. I imagine this was the time that Tony Abbott, on behalf of the Secretary of State, signalled agreement with the Australian counterpart, Dan Tehan. The information reveals it to be a series of commitments that the Government have entered into to agree many details yet to be worked up. Can this be described as “historic”, as claimed in the Statement?

These commitments were translated into negotiating wins for the Government: tariff reductions for UK exports of food, drink, clothing and cars; provisions for the under-30s to work in Australia to be extended to those under 35; and reductions in barriers for services exports, and data and digital exports. I certainly congratulate the Government on them, but none of these so-called wins has ever been controversial or problematic for Australia. Its tariffs on UK goods were already very low, and making it easier for young people to work in Australia is a positive boost to the Australian economy, particularly its farming industry, which relies on casual labour from British backpackers.

What do the Australians make of these commitments? Would the meaning of “historic” be revealed on their website? Indeed, yes, as the Australians could not believe what they had achieved. Yes, it was only, as they put it, an agreement in principle—AIP—but, to them, these commitments are locked in to benefit Australian farmers and workers, as well as their consumers. We begin to see a different perspective: one that highlights the fears of the farming industry throughout all parts of the UK, and perhaps suggests why the Secretary of State for Defra was so alarmed in Cabinet.

The Government describe the agreement on beef and sheep as securing 15 years of capped, tariff-free imports, while the Australians state it as 10 years, as the subsequent five years include enough significant extra volumes as to be pretty meaningless. But the cap on volumes rises in significant leaps, all without tariffs, in complete contrast to the agreements the Australians had achieved in recent deals with Japan, China, the USA and South Korea, where tariffs on their beef were reduced gradually in the various deals between 10 and 18 years, with additional safeguard triggers.

This deal has historic elements for Australia. The trade expert and former Australian negotiator, Dmitry Grozoubinski, described it as follows:

“I don’t think we have ever done as well as this. Getting rid of all tariffs and quotas forever is virtually an unprecedented result.”


Has the Minister worked out what this means for the UK? We await the impact assessment and the reconstitution of the Trade and Agriculture Commission to assess the AIP, as required in the Agriculture Act and Trade Act, as secured by your Lordships’ House last year. In the meantime, it seems to mean that Australia would be able to increase its beef exports to the UK to more than 60 times their 2020 levels in the first year before any quota would apply. Australia could export four times more beef to the UK in the first year of the deal than it did to the whole of Europe in 2020 before any quota would apply. Indeed, the UK would leap from 27th place to sixth in the global ranking of Australia’s biggest beef exports markets if Australia were to use its full quota in the very first year.

This commitment offered to the Australians has triggered an array of angry responses from agriculture in all corners of the UK, especially the devolved Administrations, where agriculture is such an important part of their economies. The Welsh have particular concerns for their lamb, and Northern Ireland for its dairy trade. While Scottish whisky producers will be pleased, Scotland’s agricultural input suppliers will be concerned, along with its beef producers.

Environmental groups, animal welfare groups, consumer groups on food and nutrition, and trading bodies are all concerned: Greenpeace, the World Wildlife Fund, Compassion in World Farming, and the National Trust are all alarmed. Sustain points out that Australia has no model conditions for animal welfare and no federal animal welfare legislation, opting instead to devolve responsibilities to states and territories. The world animal protection index, which ranks 50 countries according to their legislation and policy commitments to protect animals, has awarded Australia a D mark, versus a B for the UK. Being the first deal that the Government have signed after leaving the EU, even if only in principle, how will they negotiate their further ambitions to achieve deals with other countries, such as America and India? The Statement proclaims that this deal is only a precursor to the CPTPP deal that the Government have set their ambitions on next. Australia is committed to helping the UK sign up to this existing CPTPP deal without any changes or protections, as a deal taker not a deal maker. Do the Government see UK agriculture as a sacrifice worth giving up on the way to this further agreement?

The Government are truly making a hash of Brexit. The UK has left the EU, to be sure, but so far the Government see more mileage in being anti-EU than in being pro-British. The Secretary of State compared this deal to trade with the EU in her replies last week in the Commons, but our neighbours in Australia are not 20 miles away. First-quarter exports to Europe were down £2 billion during the first part of 2021. Sales of dairy products plummeted by 90% after the trade and co-operation agreement was signed at the last minute in December. As far as Europe is concerned, it seems that nothing is agreed until everything is agreed. As far as Australia is concerned, everything is agreed while nothing is detailed.

The Government are hopeless on trade after Brexit. Northern Ireland is in turmoil. The fishing industry, whose voice was so strongly for Brexit, has already been sacrificed. The steel industry is collapsing and farmers who also wanted Brexit to be successful for them have already had £255 million slashed from their budgets this year in reductions to BPS payments. The Welsh football fans are certainly unhappy that they cannot visit Amsterdam to support their team this weekend.

Many important questions remain. I finish by asking just a few. The interim Trade and Agriculture Commission made a series of important recommendations, including for the establishment of a new national framework of food and farming standards, against which all future trade deals could be judged. Can the Minister explain why there has not been a formal response to the commission’s report and why that national framework of standards is not yet in place? Have the Government made plans regarding a proper labelling of Australian beef, so that consumers can identify it clearly on menus and supermarket shelves? Have the Government demanded that the Australians raise their standards in correspondingly high leaps over the years in tandem with the increase in their agricultural supplies? Finally, what will be the cumulative impacts from all the deals that the Government plan if these follow the precedent of the Australian deal, or do the Government have plans to rescue the farming industry from the disaster that it sees ahead?

[Lord Purvis of Tweed (LD)]

My Lords, I thank the Minister for his letter of 18 June with a copy of the agreement in principle and an explainer. He is very good at keeping the Front Benches informed in the House, which is appreciated.

These Benches that I speak for want more free, fair and open trade, for the UK to export more and for UK consumers to have a wider choice of higher-standard goods at globally competitive prices. We want trade deals to reflect growth in UK export potential, but we want them strategically used for wider social, climate, human rights, labour and environmental standards. We do not want them to be an opportunity for the UK to miss, to provide market access for other countries without commensurate or better gains for us.

The desperation of this Government to have any deal, no matter what, is noted among our trading partners, and they take advantage. A bad deal is better than no deal, it seems. On the much-heralded £15 billion Japan deal, £13 billion was for Japan and £2 billion for the UK. On this deal and the agreement in principle, UK exports to Australia will go up over 15 years by £500 million, the Government say, while Australian exports to the UK will go up by £700 million. That is about three royal yachts. The telling point on market access was in the bullet point that

“both sides formalise their agreement on splits of TRQs at the WTO and Australia withdraws its objections to the UK’s goods schedule.”

That was the giveaway. Australia has got exactly what it wants. It has withdrawn its objections at the WTO—objections which, I remind the House, this Government said had no foundation. It turns out that our negotiation had rather weak foundations. I co-chaired, with the Nigerian Trade Minister, a commission of inquiry looking at areas where we can expand Commonwealth trade. Why is there no reference to the Commonwealth in this agreement?

However, let me quote positively from the website of the Australian Department of Foreign Affairs and Trade:

“an ambitious and comprehensive FTA will assist with post-pandemic economic recovery by providing new opportunities in a highly significant market for Australian goods and services. It will provide Australian exporters with a competitive edge and more choices about where they do business. Australian consumers and companies stand to benefit through greater choice in goods and services at lower prices.”

That is the headline of the Australian Government of the agreement with the European Union, now in its 11th round. The Australian Government go on to say:

“We want an FTA with the EU to set the benchmark for what can be achieved between like-minded partners.”


The narratives for the EU and the UK are remarkably similar. The UK scoping exercise for this, an ambitious and comprehensive FTA for Australia, said that it would bring GDP growth ranging from 0.01% and 0.02% over 15 years. The EU scoping exercise in 2018 said that

“an ambitious and comprehensive FTA will bring about GDP growth ranging from 0.01% to 0.02% over 15 years.”

Why has a Brexit agreement no greater benefit than we would have had anyway? On goods, we are expecting an increase in exports of up to 7.4%, which is of course positive. In the Government’s own document, Australia is looking for exports to the UK to increase up to 83.2%. Why is there such a difference? It is estimated for the EU scoping exercise that EU exports to Australia could go up under their agreement by one-third. Why are UK exports up by 3.6% and European exports up by 36%?

On legal services, the Minister said to me on Tuesday that:

“It will contain provisions on legal services, as we have heard, but it will not confer the automatic ability for Australian lawyers to practise law in the UK.”—[Official Report, 22/6/21; col. 163.]


The fourth bullet point of the agreement in principle mentions:

“Legal services provisions which will both guarantee that UK and Australian lawyers can advise clients and provide arbitration, mediation and conciliation services in the other country’s territory using their original qualifications”.


I regret to say this, but I believe that the Minister misled the House. I hope that he has an opportunity to correct that at the Dispatch Box today.

Can the Minister explain why in the agreement there will be a chapter on mobility, which could well be positive, about companies sponsoring

“visas committed in the FTA without first having to prove that a national of the country in question could not be hired to do the job, through the reciprocal removal of economic needs”?

Is this now a direct repudiation of the points system that the Home Office has put in place, and, which will be the case—the UK Home Office points system for Australia or this trade agreement? On goods, during the trade negotiations the Government’s press release in November said that the Government had a suite of tools including tariffs, tariff quotas and safeguards to ensure that British farmers, with their high standards, were not unfairly undercut in any trade deal. However, the NFU said that it was not consulted, and none of these methods seems to have been used.

We know that, according to Food Standards Australia New Zealand—FSANZ—around 40% of cattle are given hormone treatment, but the quotas for imports are currently for accredited hormone-free cattle. There is no differential quota guarantee in this outline agreement; will it be in the final agreement? Neonicotinoids are used on Australian crops—cotton, canola, cereals and sunflowers—but their use in the United Kingdom is banned. What guarantees are there that we will not import goods for which illegal pesticides have been used as part of their production? What guarantees are there that we will not import sows that have been reared in sow stalls, which have been banned in the UK since 1999? What guarantees are there that pigs raised by intensive farming methods and chickens reared in battery cages, which we have banned, will not be imported?

Finally, it is of course a fallacy to suggest that, if we are critical of this agreement, we are critical of free trade. We are critical of the Government’s ability to negotiate good trade agreements. If imported goods are cheaper, the Government say that they will safeguard against undercutting—but that is not in this agreement. Workers with skills having to get a visa because of economic need is not mentioned in this agreement. The continuing protection against hormones and pesticides that Defra has indicated is also not in this agreement. Who is in charge of our agriculture, immigration and economic policy?

[The Minister of State, Department for Business, Energy and Industrial Strategy and Department for International Trade (Lord Grimstone of Boscobel) (Con)]

My Lords, it is a constant disappointment to me that Opposition Front Benchers find it difficult ever to say any nice things about trade agreements. Of course, the whole purpose of our striking them is to benefit British businesses and consumers. This deal with Australia eliminates tariffs on all UK goods, making it cheaper to sell products like Scottish whisky and cars to Australia, and supporting industries that employ 3.5 million people in the UK. It would be nice to hear some recognition of such positive impacts when we debate these agreements.

For our consumers, this means lower prices and better choice, and that includes iconic favourites such as Aussie wine, which I would not be surprised at all to learn that the two Front-Bench spokesmen enjoy from time to time. I recognise that the noble Lord, Lord Grantchester, has great expertise in farming matters, but I should make it clear that this deal will not undercut UK farmers unfairly or compromise our high standards. Indeed, we believe that it will open up opportunities in fast-growing markets such as CPTPP countries. It would be nice to hear some recognition of the fact that our farmers, who are among the best in the world, will be able to take advantage of these agreements.

I say categorically that, throughout the negotiations, we have listened closely to the concerns of farmers and other stakeholders, which is why we have agreed 15 years of capped tariff-free imports from Australia. This means that Australian farmers will only have the same access as EU farmers 15 years after the agreement comes into force.

Of course, so far, this agreement is only at the “in principle” stage, and the House will have an opportunity to scrutinise it fully. Some of the questions asked by noble Lords will be more easily dealt with once we have commenced that formal scrutiny. Let me explain for a moment what I mean by that. The agreement in principle signifies only that the main elements of the deal have been negotiated; both countries will now work together to continue to translate the agreement into legal text. Parliament will have full opportunity to scrutinise this agreement: the FTA treaty will be presented to it after signature, alongside an independently scrutinised impact assessment. I know how carefully the noble Lord, Lord Purvis, always reads those, and I am sure that he will find answers to his questions when that impact assessment is published.

Of course, the House will then have the benefit, for the first time, of advice from the Trade and Agriculture Commission, which we have debated many times in this House. Some of the really important points made by the noble Lord, Lord Grantchester, will no doubt be dealt with in that report. Once the Agriculture Act’s Section 42 report and the TAC’s advice have been laid in Parliament, there will then be a further chance to scrutinise these matters, so that will be the time to come back to some of these detailed points.

Turning to some of the specific points that have been raised, the noble Lord, Lord Grantchester, asked where we are with the very good report from the Trade and Agriculture Commission. It is still being carefully analysed, and I am sure the Secretary of State will make her views on it known to Parliament in due course.

I would like to deal specifically with the accusation the noble Lord, Lord Purvis of Tweed, made about my misleading the House. I categorically refute that suggestion, and I will explain why I am so categoric about that. This agreement allows lawyers from both sides to practise not domestic law, either in the UK or Australia, but foreign or international law in certain limited areas such as giving advice, arbitration or conciliation. These are not regulated matters, so it will be possible for an Australian lawyer to open an office in Edinburgh and put a sign on the door saying that he is an Australian lawyer, but from that office he will be able to offer advice on foreign and international law, on arbitration in relation to those matters, and to comment on Australian law. Having given that explanation, I would be grateful if the noble Lord felt able to withdraw his very serious allegation that I misled the House from this Dispatch Box.

I believe that this is a positive agreement. It is the first that we have negotiated from scratch since leaving the European Union, and it shows what we are capable of as a sovereign trading area. I believe that it will lead to a whole succession of broader and even better agreements going forward.