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Trade Bill - Sitting 6

23 June 2020

Proposing MP
Altrincham and Sale West
Type
Public Bill Committee

At a Glance

Issue Summary

Graham Brady is proposing amendments to ensure parliamentary scrutiny and approval for international trade agreements before they are ratified or implemented. The statement discusses new clauses that aim to enhance parliamentary scrutiny and oversight in the process of negotiating free trade agreements. The statement discusses amendments to enhance transparency and accountability in international trade agreement negotiations and implementation. MP Graham Brady is addressing the Trade Bill and discussing the importance of proper scrutiny for international trade agreements. The speaker discusses the importance of parliamentary scrutiny in trade deals, highlighting concerns about secondary legislation and the need for more involvement from parliamentarians. The statement addresses concerns about the lack of parliamentary scrutiny in the UK's proposed trade agreements following Brexit. Greg Hands addresses concerns about parliamentary scrutiny of continuity trade agreements under the Trade Bill. Greg Hands addresses concerns regarding parliamentary scrutiny of trade agreements under the Trade Bill. Greg Hands is defending the UK government's approach to international treaty negotiations and the continuity of trading relationships with existing partners against criticisms about transparency and parliamentary scrutiny. The debate focuses on the continuity agreements for existing EU trade deals and the lack of proper parliamentary scrutiny for future free trade agreements. The statement addresses amendments to the Trade Bill regarding parliamentary scrutiny of international trade agreements. Greg Hands addresses concerns regarding the publication of negotiation objectives and impact assessments for free trade agreements (FTAs) with various countries. Graham Brady addresses concerns about parliamentary scrutiny and transparency in continuity trade agreements under the Trade Bill. MP Graham Brady addresses concerns about the lack of parliamentary scrutiny for free trade agreements and the limitations of the Trade Bill. Bill Esterson addresses concerns about the Trade Bill's adequacy in implementing trade agreements with partner countries. The MP is moving an amendment to the Trade Bill that requires previous ratification of trade agreements before regulations can be made to implement them. Graham Brady addresses concerns raised about the Trade Bill's clause 2 power and its impact on trade agreements with developing countries. The statement addresses the discussion and debate surrounding an amendment related to rolling over existing trade agreements with Canada and other regions. Bill Esterson is proposing an amendment to ensure regulations on international trade agreements align with human rights laws, workers' rights, women's rights, children's rights, and the sovereignty of Parliament. Bill Esterson discusses the importance of including sustainability impact assessments and social and environmental assessments in the Trade Bill. Charlotte Nichols discusses the importance of ensuring that future trade deals cannot undermine human rights and workers' rights both domestically and internationally. The statement discusses the importance of incorporating sustainable development goals (SDGs) and human rights protections into trade agreements, emphasizing their crucial role in inclusive economic growth and poverty reduction. Greg Hands addresses concerns about the continuity programme for trade agreements, emphasizing compliance with international obligations on human rights, environment, and labour rights. Bill Esterson is moving an amendment to clause 2 of the Trade Bill to ensure environmental obligations are consistent with international trade agreements. MPs are discussing an amendment to the Trade Bill that would incorporate environmental protections and climate obligations into trade agreements. The statement addresses concerns about environmental standards and protections for public services under international trade agreements. The statement addresses concerns about the potential impact of trade agreements with countries like the US on food standards and safety in the UK. Bill Esterson is discussing food safety standards in trade agreements with the US. The statement addresses concerns about food standards and animal welfare in relation to trade agreements. The statement addresses the UK's food standards and trade agreements, reassuring the committee about the government's commitment to maintaining high safety standards for both domestic production and imports. The statement discusses a new clause aimed at establishing a forum for discussing international trade agreements and proposals to amend retained EU law. The statement addresses concerns regarding the UK Government's ability to make regulations affecting devolved competencies without the consent of Scottish or Welsh Ministers. The statement discusses the need for updating the devolution settlements to ensure proper consultation between Whitehall and the devolved administrations on international trade issues. The UK Government is addressing concerns about the engagement between the central government and devolved administrations regarding international trade agreements. The MP is discussing the adequacy of bespoke powers versus a permanent structured approach for handling international trade treaties and devolved competences.

Action Requested

The amendments would establish super-affirmative procedures requiring parliamentary committees' review, approval by resolution of both Houses of Parliament within specified timelines, and detailed documentation explaining the rationale behind proposed agreements and regulations.

Key Facts

  • Amendment proposes provisions for scrutiny of international trade agreements.
  • Amendments 5, 6, 7 would apply provisions to non-EU rollover trade agreements.
  • Amendments require parliamentary committees' recommendations and resolutions within set timelines before orders or regulations can be made.
  • New clause 5 requires laying before Parliament a sustainability impact assessment following consultation.
  • Both Houses of Parliament must pass a resolution authorising the Secretary of State to enter negotiations.
  • The text of the agreement must be made available for at least 21 sitting days, and a resolution is required from the House of Commons approving signing.
  • New clause 6 mandates that sustainability impact assessments include economic, social, cultural, food security, environmental interests, and human rights impacts.
  • Consultations under new clause 6 shall actively seek views from various stakeholders including devolved authorities, businesses, trade unions, and non-governmental organisations.
  • The forecast predicts a warm week.
  • Government Member pressured another member to speak again at length.
  • Members may remove their jackets if it makes them more comfortable.
  • The government's programme has changed its stance several times on reporting differences between existing EU agreements and continuity agreements.
  • There is a cautionary tale from Australia about the impact of free trade agreements, particularly regarding the decline of the Australian car industry due to import tariffs being lifted while non-tariff barriers remained in place.
  • The International Chamber of Commerce UK produced a paper advocating for proper scrutiny by elected representatives and wider stakeholders.
  • The process of negotiating trade deals should involve parliamentarians from the beginning.
  • Trade deals typically take six to eight years but some nations are pushing for quicker timelines, putting the UK in a weaker position.
  • There is no rocket science involved in ideal trade deal negotiations; it requires involvement through consultation with various stakeholders and updates during negotiation stages.
  • The statement is made four years after the EU referendum.
  • MPs will have less say than counterparts in Brussels and Washington under the current system.
  • In Putney and Wandsworth, 39% of jobs are in sectors impacted by continuity agreements.
  • New clause 6 lists various impact assessments including economic, social, human rights, environmental, animal welfare, and food standards.
  • The UK has an untapped potential of £124 billion in the export of goods alone.
  • The Government has ratified 20 continuity agreements with 48 countries.
  • These agreements represent £110 billion-worth of UK trade in 2018, accounting for 74% of pre-withdrawal agreement trade.
  • All regulations made to implement obligations under these arrangements will be subject to the affirmative procedure and a five-year sunset clause.
  • The Government have published negotiation objectives and economic impact assessments.
  • Parliament has debated six continuity agreements passed through CRAG since 2010.
  • CRAG provides opportunities for parliamentary scrutiny of future trade agreements.
  • The UK Government's approach to the Scottish fiscal framework negotiations involved not publishing text during the negotiation process.
  • Amendment 6 seeks to disapply CRAG for international trade agreements and apply a super-affirmative procedure instead.
  • CRAG was designed through extensive consultation in 2010 and was supported by both major parties at that time.
  • The continuity agreements cover around 40 or more EU deals.
  • Witnesses were unanimous in their view on the importance of these continuity agreements.
  • The Labour party opposes rolling over some agreements negotiated during their previous government tenure.
  • The amendments seek to rewrite the constitutional balance regarding international agreements.
  • Continuity agreements have already been scrutinised under EU agreements.
  • New free trade agreements (FTAs) will require implementing legislation if necessary, making amendment proposals unnecessary.
  • Treaty texts can change significantly until signature and sharing them could be a waste of parliamentary time.
  • The Command Paper was published by a previous Government.
  • Scoping assessments have been published for UK-US, UK-Japan, UK-Australia and UK-New Zealand FTAs before negotiations started.
  • Scotland would benefit the most from the US trade agreement, followed by the west midlands and then the north-east of England.
  • The EU does not always speak with one voice in trade negotiations.
  • The Government has published parliamentary reports for each of the 20 continuity agreements signed.
  • CRAG allows a period of 21 sitting days for scrutiny before formal ratification.
  • South Korean and Swiss agreements have been signed and gone through CRAG.
  • The Queen’s Speech states that the Trade Bill's purpose is to allow the UK to operate its own independent trade policy post-Brexit.
  • The Government committed to limited improvements to the Bill by allowing parliamentary scrutiny in the form of reports and sunset clauses, but these commitments have not been upheld.
  • 39% of jobs in one constituency depend on trade with countries where there are roll-over agreements.
  • The Trade Bill needs effective legislation to implement agreements with partner countries.
  • There were six times that Esterson's colleagues asked witnesses about continuity agreements last week.
  • Last year’s bill was not perfect but could have been brought back and amended earlier.
  • CRAG approach relies on Opposition days within a 21-day period, which is dependent on the Government making time available in Parliament.
  • Amendment 9 would require previous ratification of free trade agreements before regulations could be made to implement them.
  • It applies specifically to the EU-Vietnam and EU-Canada agreements which have not been ratified as of 31 January.
  • The new UK-Vietnam agreement should face proper scrutiny under the Bill’s terms due to its potential legal distinction from the EU deal.
  • Amendment 9 would restrict the scope of agreements that can be implemented using clause 2 power.
  • Important trade agreements, such as CETA and CARIFORUM, have not been fully ratified by all EU member states but are in effect.
  • The Canada agreement (CETA) is an example of a treaty affected by the amendment's proposed changes.
  • The amendment rules out rolling over EU EPAs.
  • Labour opposed some EU EPAs in the past.
  • Amendment 9 would delete Canada from the list of agreements subject to roll-over powers.
  • Fleur Anderson asked if not securing a free trade agreement with Canada by December 31st means reverting to WTO terms.
  • Amendment 10 would ensure regulations on international trade agreements align with human rights laws, workers' rights, women's rights, children's rights, and the sovereignty of Parliament.
  • The amendment is similar to one moved by Graham Brady two years ago.
  • Amnesty International has raised concerns about the Bill granting wide powers to Ministers to amend retained EU law, including the Equality Act 2010 and Modern Slavery Act 2015.
  • The EU conducts sustainability impact assessments on all new trade agreements.
  • There is no provision in the Bill for undertaking social and environmental assessments of prospective trade agreements.
  • The TUC has raised concerns over the lack of consultation on the text of 19 continuity agreements signed so far.
  • Trade unions in Colombia experience widespread human rights abuses.
  • Trade union leaders in South Korea have been imprisoned for peaceful protest.
  • MPs should be able to see and comment on the text of continuity deals.
  • The amendment aims to ensure future trade deals do not undermine human rights and workers' rights.
  • Section 230-style provisions pushed by US tech firms could restrict domestic regulation in UK-US trade deal.
  • Community Security Trust's report outlines the global threat of far-right terror from social media platforms.
  • Continuity agreements should be consistent with safeguards outlined in the amendment.
  • The Bill contains no mention of sustainable development goals (SDGs).
  • Trade agreements can act as barriers to achieving global goals.
  • There is precedence in the EU’s trade deals for including human rights clauses since the early 1990s.
  • Compliance with ILO’s declaration on fundamental rights at work and other conventions are key to making progress towards SDGs.
  • None of the continuity agreements rolled over so far contain mechanisms to sanction governments failing to respect labour rights.
  • The UK has signed 20 trade agreements that replicate existing EU agreements.
  • Parliamentary reports will confirm the compliance of these agreements with international obligations.
  • The EU-Vietnam agreement is scheduled to come into effect on 1 August.
  • The amendment aims to prevent conflicts between international trade agreements and UK’s environmental commitments.
  • Esterson criticizes the Government for missing climate targets and funding fossil fuel projects over renewables.
  • Various organisations such as the Institute of Directors, CBI, ClientEarth, and TUC support this type of amendment.
  • The amendment aims to align the UK's trade policy with its environmental ambitions.
  • Trade agreements could undermine efforts to meet climate obligations by liberalising regulations, including environmental ones.
  • The US has ruled out discussing climate change in future trade negotiations with the UK.
  • The UK's Climate Change Act 2008 sets legally binding targets for greenhouse gas emissions reduction.
  • The UK aims to achieve net zero greenhouse gas emissions by 2050.
  • Since 1990, the UK has reduced carbon emissions by nearly twice the EU average at 42%.
  • The US Government views food production differently than the UK.
  • Representative Lighthizer has stated that chlorinated chicken must be part of a trade deal with the UK.
  • Mike Pompeo, the Secretary of State, also supports including chlorinated chicken in the agreement.
  • The US has ten times more food poisonings than the EU due to allowable defect levels in food products.
  • US producers are legally allowed up to certain thresholds for contaminants in food products.
  • Food poisoning is a significant problem in the United States due to these allowances.
  • British and European standards have zero thresholds for contaminants.
  • More than 100 constituents have written to Fleur Anderson calling for a food standards commission.
  • NFU has expressed concerns about future trade partners urging the UK to follow their sanitary and phytosanitary standards, which may diverge from current UK practice.
  • The British Poultry Council warns of a two-tier food system if imports with lower production standards are allowed into the UK market.
  • The Food Standards Agency and Food Standards Scotland oversee UK food standards.
  • There are 20 continuity agreements with 48 countries ratified by Parliament.
  • No domestic standards have been eroded in these agreements.
  • The new clause sets up the Joint Ministerial Committee as a forum for discussions.
  • It mandates the Secretary of State to produce documents outlining objectives, strategies, progress updates, and consultation plans before entering into international trade agreements.
  • The Joint Ministerial Committee includes representatives from Her Majesty’s Government, Scottish Government, Welsh Government, and Northern Ireland Executive.
  • Amendment 8 relates to powers of the devolved Administrations.
  • Previous Trade Bill included provisions prohibiting devolved Administrations from modifying retained EU legislation inconsistently with UK Government modifications.
  • There is no statutory obligation for UK Government to consult or seek consent from Scottish Ministers before exercising powers in devolved areas.
  • New clause 16 would establish a joint ministerial committee for discussing international trade issues.
  • Geographical Indications (GIs) are significant for Welsh lamb, Scottish salmon, and Scotch whisky economies.
  • Two areas reserved but subject to continued discussion: state aid and food GIs.
  • Cabinet Office revised framework analysis published in April last year.
  • The negotiation of international trade agreements is a prerogative power of the UK Government.
  • A bespoke ministerial forum for trade with devolved Administrations was established in January 2019.
  • Amendment 8 will create concurrent powers allowing each devolved Administration to implement transitional agreements independently or through UK-wide legislation as needed.
  • The Government commits not to legislate within devolved areas without the consent of relevant devolved Administrations and never without consulting them first.
  • International treaties are reserved matters under the current devolved process.
  • There is an interface between international trade treaties and devolved competences that may require structured statutory formal engagement.
  • The amendment was withdrawn by leave.
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