Question to the Department for International Trade:

To ask the Secretary of State for International Trade, what plans he has for the inclusion of Investor-state dispute settlement clauses in trade agreements with (a) the US and (b) other countries after the UK leaves the EU.

We are currently reviewing our trade and investment policy and are considering a wide range of options in the design of future bilateral trade and investment agreements. We have completed four online public consultations on potential future trade agreement negotiations with the USA, Australia, New Zealand and on the UK Government potentially seeking accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). We are now considering the responses.

The UK has over 90 existing bilateral investment agreements in place with other countries, many of which have been in force for several decades. The right to regulate is recognised under international law and bilateral investment treaties and agreements do not seek to undermine this. There has never been a successful investor-state dispute settlement claim brought against the UK. The threat of potential claims against the UK has not affected the Government’s legislative programme or prevented the Government from regulating in the pursuit of legitimate public policy objectives, including health, environment and human rights.