Question to the Department for International Trade:

To ask the Secretary of State for International Trade, what assessment she has made of the effect of Investor-state dispute settlement cases during the covid-19 pandemic; and is she will take steps to restrict the use of such clauses in relation to matters concerning the Government’s response to the covid-19 pandemic.

HM Government recognises the importance of strengthening international investment in response to COVID-19, and the important role played by both investment protection and investor-state dispute settlement (ISDS) provisions in safeguarding British investors overseas, including pensioners across the country through their pension funds and small- and medium-sized enterprises (SMEs).

We are clear that HM Government and our treaty partners retain the right to regulate in the public interest, including for public health purposes, and this is already recognised under international law. There has never been a successful ISDS claim against the United Kingdom, nor has the threat of potential claims affected our legislation.