Asked by: Lord Mendelsohn (Labour - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty’s Government whether the NHS is excluded from the current Transatlantic Trade Investment Partnership draft documents, and whether they will publish the legal advice they previously commissioned, in full or in summary, regarding the risk to the NHS of litigation by US private health companies.
Answered by Lord Price
It has not proved possible to respond to this question in the time available before Prorogation. Ministers will correspond directly with the noble Lord.
Asked by: Lord Mendelsohn (Labour - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty’s Government when they plan to publish the draft Transatlantic Trade Investment Partnership agreement and any information they have on risks to the NHS posed by that draft treaty.
Answered by Lord Price
It has not proved possible to respond to this question in the time available before Prorogation. Ministers will correspond directly with the noble Lord.
Asked by: Nicholas Brown (Independent - Newcastle upon Tyne East)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Innovation and Skills, whether the proposed TTIP agreement provides equality of competition for US and EU companies in the tendering of public service contracts.
Answered by Anna Soubry
The Procurement Chapter in the Transatlantic Trade and Investment Partnership (TTIP) will not require the Government to outsource public services, and it will only apply to specified services sectors. The Procurement Chapter is still being negotiated – the EU and US made their first exchange of offers in February. Our aim is to enhance the opportunities for UK companies seeking to operate in the US. An assessment for the European Commission suggests that around 10% of the EU's potential economic gains could come from liberalisation of procurement in the US. Therefore, the Procurement Chapter is expected to contain an obligation not to discriminate in favour of domestic firms when procuring services.Asked by: Andrew Rosindell (Conservative - Romford)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Innovation and Skills, what provisions are in place to ensure that the jurisdiction of Investor State Dispute Settlement tribunal hearings remains restricted to its current mandate under the terms of the Transatlantic Trade and Investment Partnership.
Answered by Anna Soubry
Investment protection provisions in trade and investment treaties such as the Transatlantic Trade and Investment Partnership (TTIP) aim to protect international investors from discriminatory or unfair treatment by a state. Their investor-state dispute settlement (ISDS) provisions allow international investors to bring claims if they think the obligations set out in the treaty have been breached by the host state. As such, Governments cannot initiate claims against investors. Under the European Commission’s proposals for TTIP, in line with normal investment treaty practice, UK investors would be able to bring ISDS claims against the US Government.
The jurisdiction of any ISDS tribunal established in TTIP will be set out in the investment protection and ISDS provisions of the agreement. The aim of the European Commission’s proposals for investment protection provisions in TTIP is to clearly define the scope for ISDS claims and tribunal jurisdiction, including protecting the right of governments to regulate lawfully in the public interest. If an ISDS tribunal did exceed its jurisdiction in making an award, typically those elements of the resulting award would not be enforceable.
Asked by: Andrew Rosindell (Conservative - Romford)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Innovation and Skills, what role his Department has played in the negotiation of the Transatlantic Trade and Investment Partnership (TTIP); and what negotiations on TTIP he has attended as a representative of the Government.
Answered by Anna Soubry
The European Commission conducts trade negotiations – including the Transatlantic Trade and Investment Partnership (TTIP) – on behalf of the EU and its Member States. In the UK, the Department, for Business, Innovation and Skills has the lead policy responsibility for TTIP. Ministers and officials are in regular formal and informal contact with officials from the European Commission, EU Member States and US, as we work to secure an agreement that benefits UK businesses, workers and consumers. This includes discussions with negotiators, legislators, administrations, and various other stakeholders from the EU and US.
Asked by: Andrew Rosindell (Conservative - Romford)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Innovation and Skills, whether (a) the Government will be able to bring cases to Investor State Dispute Settlements tribunals and (b) UK companies will be able to instigate actions against the US administration through such tribunals under the current terms of the Transatlantic Trade and Investment Partnership.
Answered by Anna Soubry
Investment protection provisions in trade and investment treaties such as the Transatlantic Trade and Investment Partnership (TTIP) aim to protect international investors from discriminatory or unfair treatment by a state. Their investor-state dispute settlement (ISDS) provisions allow international investors to bring claims if they think the obligations set out in the treaty have been breached by the host state. As such, Governments cannot initiate claims against investors. Under the European Commission’s proposals for TTIP, in line with normal investment treaty practice, UK investors would be able to bring ISDS claims against the US Government.
The jurisdiction of any ISDS tribunal established in TTIP will be set out in the investment protection and ISDS provisions of the agreement. The aim of the European Commission’s proposals for investment protection provisions in TTIP is to clearly define the scope for ISDS claims and tribunal jurisdiction, including protecting the right of governments to regulate lawfully in the public interest. If an ISDS tribunal did exceed its jurisdiction in making an award, typically those elements of the resulting award would not be enforceable.
Asked by: Lord Stoddart of Swindon (Independent Labour - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty’s Government whether the Transatlantic Trade and Investment Partnership agreement will be subject to ratification by both Houses of Parliament and the US Congress.
Answered by Lord Price
We expect the Transatlantic Trade and Investment Partnership (TTIP) will be a “mixed” agreement, covering areas of both EU and Member State competence, to which the US, EU and all EU Member States will be parties.
In that case, it will be subject to agreement by each EU Member State, the EU Council and the European Parliament. As part of this process in the UK, before the Government can ratify the agreement, the complete draft text of the agreement will initially be laid before Parliament for scrutiny for at least 21 sitting days. During this time MPs and Lords may debate the treaty in either or both Houses and vote on the proposed ratification.
In the US, both Houses of Congress would have to ratify legislation to implement the agreement, but not the agreement itself.
Asked by: Rob Marris (Labour - Wolverhampton South West)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Innovation and Skills, pursuant to the Answers of 25 February 2016 to Questions 27493 and 27494, and with reference to Article 29 of the UN Convention on Contracts for the International Sale of Goods, what the evidential basis is for the Government's conclusion that the Transatlantic Trade and Investment Partnership does not automatically apply to British Overseas Territories and Crown Dependencies.
Answered by Anna Soubry
The Government’s position, set out in the answers to Questions 27493 and 27494, is based on the wording of the treaties (Article 52 of the Treaty on European Union, Article 355 of the Treaty on the Functioning of the European Union and the 1972 Treaty of Accession of Denmark, Ireland and the UK to the European Economic Community) and the longstanding practice of the UK.
Article 29 of the UN Convention on Contracts for the International Sale of Goods is not relevant to the status of British Overseas Territories and the Crown Dependencies. Article 29 of the Vienna Convention on the Law of Treaties provides that “Unless a different intention appears from the treaty or is otherwise established, a treaty is binding upon each party in respect of its entire territory.” The British Overseas Territories and the Crown Dependencies are not part of the UK, and the UK has consistently adopted the position that treaties made by the UK do not extend to British Overseas Territories or the Crown Dependencies, unless this is done expressly. The first expression of this position was set out in the “Bevin Despatch” (Foreign Office Circular 118, 16 October 1950).
Asked by: Lord Empey (Ulster Unionist Party - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty’s Government when they expect negotiations between the EU and the US will conclude a new EU–US Trade Agreement.
Answered by Lord Price
The twelfth round of negotiations for the EU-US Free Trade Agreement – also known as the Transatlantic Trade and Investment Partnership (TTIP) – took place in February. We are making progress and our ambition remains to reach a political agreement during the Obama presidency.
Asked by: David Anderson (Labour - Blaydon)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Innovation and Skills, whether education will be exempt from the Transatlantic Trade and Investment Partnership agreement; and if he will make a statement.
Answered by Anna Soubry
We have protected public services, including education, in all of our trade agreements and will continue to do so in the EU-US free trade agreement, also known as the Transatlantic Trade and Investment Partnership (TTIP). This is non-negotiable.
The Government remains committed to providing the best quality education for all children and young people. TTIP will not change this. The government of the day, not our trade partners, will always set the rules governing how the education system is run.