Transatlantic Trade and Investment Partnership

Sheila Gilmore Excerpts

Thursday 15th January 2015 Commons Chamber

[Sheila Gilmore (Edinburgh East) (Lab)]

Had it not been for a great deal of campaigning, I suspect that we would not have been able to debate either TTIP or many other things. The hon. Member for Skipton and Ripon (Julian Smith) suggested that there has been plenty of parliamentary debate of this issue. There has been some debate, and perhaps the amount is increasing, but it is largely because people have raised the issue and kept campaigning on it that we have got to this stage. The Government have not initiated the debate or said what they are trying to achieve, and it seems that Ministers at times answer questions only grudgingly.

When TTIP was first raised with me a considerable time ago—a year ago, if not more—by members of a constituency peace and justice group that is involved in international development issues, I confess that I had not heard about it. I did not know what they were talking about, and I had to research and find out about it; it was not on our agenda in this place. We must give credit to such people, even if we sometimes think that they get particularly exercised about such issues. I am firmly convinced that we would not be having this debate had it not been for them.

We have to ask our Government: if we do not need to worry about such issues, what is the problem with stating that explicitly? Some months ago, when the Prime Minister made a statement on a recent summit, he said, “No, we don’t need to worry about the health service in all of this.” I asked him whether that could be explicitly stated in the agreement. I did not get a clear answer that that was his position. It was more, “Well, it’ll be all right because it is understood by everyone in some way that it will not be included.” If we are saying that the health service and public services are safe and will not be undermined by the treaty in any way, there is no harm in making that explicit in the wording of the treaty, because apparently there is no problem.

I am concerned about what constitutes a public service: it is not just the NHS; there are many other public services. Many countries, including the UK, have a mixed provision of services, and whether we think that is good, bad or indifferent, it exists. For example, a lot of social care services are provided by private companies and sometimes third sector companies. Whether good or bad, are those covered by the exclusion for public services? We must be clear about that because more and more is being provided by private companies that, perhaps rather oddly, describe themselves as “public service companies” and provide a variety of services in various fields. We must be clear about the definition of public services—I think the hon. Member for Totnes (Dr Wollaston) suggested that such a definition should exist for something that is publicly funded, but we need that to be explicit in the treaty.

[Dr Wollaston]

To reassure the hon. Lady, it was not that I said the definition should exist, but that I was reassured by Jean-Luc Demarty that it would exist. It is about who funds the service, not who provides it.

[Sheila Gilmore]

That would be clear if such a definition was in the treaty and there were no caveats, provisos or wiggle room. The same point applies to opportunities that might exist for companies to sue outwith our normal courts. I agree that if there is a clear breach of contract under our existing law, people have the right to take action to protect their financial interests. We do not always like that and it sometimes causes problems when a Government change, or indeed change their course, but on the whole we accept that because we can see clearly where it is happening, what criteria are being applied, and it is publicly reported. That is the concern about the potential tribunals.

The reason often given for having special tribunals to deal with such issues is that certain countries with whom we may be trading may not have a legal system that we trust to uphold the agreement and protect our traders. That is not the case with this treaty, given the countries involved. If that was the derivation of this provision, I argue that we do not need it, and if we do not need it, it should not be there. It is not good enough to say, “It will be there, but it will not cover this or that; it will be all right because we have always won in the past.” If we do not need the treaty because we are equal partners—perhaps not entirely equal, but much more equal than has been the case with some trade treaties—we do not need a special regime. I do not say that there will never be a need to litigate. If some of our companies felt that they were being barred illegitimately from the United States despite the terms of the treaty, they might want to litigate, but I argue that the opportunity to do that through normal court processes in the United States exists and we do not need anything special.

This treaty must be as public and open as possible. That is the purpose of the motion, but it must also be ongoing. The people who contact us are deeply concerned and want to know that their interests are being protected. The onus is on the Government of the day who are negotiating the treaty to bring it back at regular intervals and update us on what is happening and what provisions they have managed to include. They should not expect us and our constituents to accept some reassurance that things are all right and we should not be worried or frightened. If we have nothing to be frightened of, the Government have nothing to be afraid of in keeping us fully abreast of negotiations.