Consideration of Bill, not amended in the Public Bill Committee
[Relevant documents: Second Report of the Business and Trade Committee, UK accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, HC 483; and oral evidence taken before the Environment, Food and Rural Affairs Committee on 21 November 2023, 6 February and 27 February 2024, on UK trade policy: food and agriculture, HC 162.]
New Clause 1
Report: accession of states to the CPTPP
“(1) Before any decision is made by the Government of the United Kingdom on the accession of economies designated a ‘threat’ or ‘systemic challenge’ in the Integrated Review to the CPTPP under Chapter 30 of the CPTPP, the Secretary of State must publish a report assessing the impact of the accession of that economy on the United Kingdom.
(2) Both Houses of Parliament must be presented with a motion for resolution on the report under subsection (1).”—(Sir Iain Duncan Smith.)
This new clause seeks to ensure a parliamentary debate and decision on the UK’s position towards the accession to the CPTPP of certain states presenting a threat or systemic challenge to the UK.
With this it will be convenient to discuss the following:
New clause 2—Assessment of impact of CPTPP on deforestation and import of certain products—
“(1) The Secretary of State must lay before Parliament a report containing an assessment of the impact of the implementation of the CPTPP on—
(a) the volume of UK imports of palm oil;
(b) the volume of UK imports of tropical wood;
(c) the rate of deforestation in Asia;
(d) the UK’s ability to fulfil its obligations under—
(i) the United Nations Framework Convention on Climate Change; and
(ii) the United Nations Convention on Biological Diversity.
(2) A report under subsection (1) must be published no earlier than a year and no later than 18 months after the passing of this Act.”
New clause 3—Report on the impact and use of the Investor-State Dispute Settlement procedure—
“(1) The Secretary of State must, within six months of the passing of this Act, lay before Parliament a report on the impact of the implementation of the Investor-State Dispute Settlement aspect of the Investment Chapter of the CPTPP on the UK.
(2) A report prepared under subsection (1) must include—
(a) analysis of the likely use of the Investor-State Dispute Settlement procedure in relation to the UK, and the likely impact of such on the UK;
(b) details of discussions held with other signatories to the CPTPP regarding the use of the Investor-State Dispute Settlement procedure in relation to the UK; and
It is a pleasure to speak to new clause 1, which is signed by a cross-party group of MPs who all believe that Parliament should have the right to scrutinise trade deals. It seeks to ensure appropriate parliamentary scrutiny of the UK’s position toward the accession of economies that are designated—that word is very specific—as “threats” or “systemic challenges”. It would achieve two things. First, the Government would be required to produce a report assessing the impact of the economy’s accession on the UK, and both Houses of Parliament would have a non-binding vote on the UK’s position regarding the accession of the economy in question. In other words, we would take the temperature of Parliament’s view, even if it disagreed with the Government. That is important, because the public need to know about it, so we should not be frightened of this.
I thank my right hon. Friend for introducing the new clause. Some of us have been arguing for parliamentary scrutiny of trade deals for the last four years. There is a mechanism in the form of the Constitutional Reform and Governance Act 2010. Is that not the better vehicle, because it has already passed? It also offers a vote, theoretically, for us to be able to scrutinise our trade deals.
I will come to that in a minute, because it does not, and that is the whole point of the new clause. In the 2023 integrated review refresh, the countries defined as threats were Russia, Iran and North Korea, while China was designated a systemic challenge. The new clause does not directly mention China, but of the eligible countries under the current integrated review, China is the only economy that has applied to join. In fact it is theoretically next on the list to go into the comprehensive and progressive agreement for trans-pacific partnership.
I completely understand the point my right hon. Friend is trying to make, but one of the interesting things about being a member of CPTPP is that countries then have a power of veto. That gives us quite a lot of strength to potentially prevent China from joining.
I enjoy the idea that my hon. Friend puts such trust in Government never to take other arrangements into consideration. We know how that works. It will be fine today with my right hon. Friend the Minister here, but there may be others in charge in future, and I am not sure I would always want to rest my defence in Ministers.
I am grateful to the right hon. Gentleman for giving way and for this new clause. Was he as surprised as I was that when we asked the Secretary of State whether she would block China’s accession to CPTPP she was unable to give us an unequivocal answer?
I think the right hon. Gentleman makes my point. I sat in Government and all I can say to him is that one cannot always say that Ministers will necessarily do the right thing; rather, they will do the right thing by the Government, which is sometimes not the same. I do not mean to cast aspersions on my party’s Government by any means, but that has happened in the past. I simply want to make the point that China’s potential accession has huge implications for all sorts of things, including because of its immense economic and political influence in the region and the pressures on the UK if we were almost isolated in our observations.
China is not a likeminded party—there may be other countries that are rather similar. It openly seeks to revise the liberal, open and rules-based order and establish itself as a regional hegemon. If admitted, it would be the largest economy and dominant economic and trading partner in the CPTPP, with unrivalled political influence. It could block a future US entry. As we join it is important for us to make way for the US and bring it in, which will help in a whole range of areas. China’s accession would help to cement Beijing’s desired leadership in global trade. I will remind the House that China is next up for the CPTPP, so this is not something conjured up.
China’s entry also risks further increasing economic dependence on it, which is already too high, and building resilience into the Chinese economy to weather sanctioning should tensions over Taiwan escalate, which they almost certainly will. That would run counter to the UK’s strategic efforts to de-risk and maintain the status quo in the region. Serious human rights abuses are and continue to be embedded within Chinese supply chains. China is the most egregious offender in this regard, with its actions on religion in Xinjiang and in Tibet, where slave labour is also practised. Slave labour undercuts the World Trade Organisation and normal trade. Those are good commercial reasons why the membership of any country with the views China happens to have would have a real impact.
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(c) discussions held with, or agreements made with, other signatories to the CPTPP regarding the exclusion or exemption of the UK from any use of the Investor-State Dispute Settlement procedure.”
New clause 4—Report: accession of new states to the CPTPP—
“(1) Before any decision is made by the Government on the accession of a new state to CPTPP under Chapter 30 of the CPTPP, the Secretary of State must publish a report assessing the potential benefits and impact of the accession of that candidate state on the United Kingdom.
(2) Both Houses of Parliament must be presented with a motion for resolution on the report under subsection (1).”
New clause 5—Review: Investor-State Dispute Settlement—
“The Secretary of State must lay before Parliament a review of the financial risk of the implementation of the Investor-State Dispute Settlement aspect of the Investment Chapter of the CPTPP, not more than 18 months after the day on which this Act is passed.”
New clause 6—Impact assessment: environmental standards etc—
“(1) The Secretary of State must lay before each House of Parliament an assessment of the impact of the implementation of the procurement Chapters of the CPTPP on—
(a) environmental standards,
(b) food standards, and
(c) animal welfare standards.
(2) An impact assessment under subsection (1) must be published not less than two years, but not more than three years, after the day on which this Act is passed and every two years thereafter.”
New clause 7—Report on business impact of CPTPP—
“The Secretary of State must, within six months of the passing of this Act, publish a plan outlining the steps being taken to—
(a) measure the impact on UK businesses of the implementation of the CPTPP; and
(b) support UK businesses to benefit from the UK's membership of the CPTPP.”
New clause 8—Impact assessment: labour standards—
“(1) The Secretary of State must lay before Parliament an assessment of the impact of the implementation of the CPTPP Labour Chapter not more than eighteen months after the day on which this Act is passed and every 18 months thereafter.
(2) The impact assessment under subsection (1) must include an assessment of—
(a) the impact on the Government’s commitments to the conventions of the International Labour Organisation;
(b) steps that have been taken to ensure adherence to the conventions of the International Labour Organisation in CPTPP partner countries; and
(c) how the experience and impact of implementation might inform negotiation of future trade agreements.”
New clause 9—Comparative analysis of impact on UK businesses—
“(1) Within three months of the passing of this Act, the Secretary of State must lay before each House of Parliament a report on the impact of the implementation of the CPTPP on the matters listed in subsection (3).
(2) The report must include an analysis comparing the respective situation for each of the matters listed in subsection (3) prior to the implementation of the CPTPP with the situation post the implementation of the CPTPP.
(3) The issues which must be included in the comparative analysis contained in the report laid under subsection (1) are—
(a) tariffs paid by UK businesses to bring in or remove items from the UK;
(b) costs of non-tariff border control measures paid by UK businesses to bring in or remove items from the UK;
(c) inflation in the UK;
(d) the extent of alignment of regulations relevant to UK businesses;
(e) the ability of UK businesses to trade with the EU;
(f) the implications for UK businesses of introducing new trade and climate regulations, including for carbon pricing;
(g) tariff and non-tariff costs facing businesses trading with the EU; and
(h) trade volumes for UK businesses trading with the EU.
(4) Within 10 days of a report being laid under subsection (1) the Government must schedule a debate on the findings of the report in each House.”
New clause 10—Report on economic impact of implementation of CPTPP—
“(1) The Secretary of State must, within six months of the passing of this Act, publish a report on the economic impact of the implementation of the CPTPP.
(2) A report published under subsection (1) must include an analysis comparing the respective situation for each of the matters listed in subsection (3) prior to the implementation of the CPTPP with the situation post the implementation of the CPTPP.
(3) The matters which must be included in the comparative analysis contained in the report laid under subsection (1) are—
(a) the UK’s trade in goods;
(b) the UK’s trade in services; and
(c) UK GDP.”
This new clause would require the Government to publish a comparative analysis of the impact of the implementation of the CPTPP on UK trade and GDP.
New clause 11—Impact assessment: new states acceding to the CPTPP—
“(1) The Secretary of State must prepare and publish a report assessing the impact of the accession of new states to the CPTPP on the United Kingdom.
(2) In respect of states that have submitted a request to the Depositary of the CPTPP to join the CPTPP since 2019, the Secretary of State must lay a report before both Houses of Parliament within three months of this Act coming into force.
(3) In respect of states submitting a request to the Depository of the CPTPP to join the CPTPP following the enactment of this Act, the Secretary of State must lay a report before both Houses of Parliament within three months of a request being made.”
This new clause would require the Secretary of State to provide an impact assessment on the accession of countries that have made and will make a formal request to join the CPTPP.
New clause 12—Impact assessment: UK performers’ rights—
“(1) The Secretary of State must publish an assessment of the impact of the implementation of performers' rights provisions in the CPTPP.
(2) The impact assessment under subsection (1) must include—
(a) consideration of the impact of performers' rights provisions on qualifying individuals in the UK;
(b) an assessment of the reciprocity of rights across qualifying countries;
(c) consultation with such persons as the Secretary of State considers appropriate.”
This new clause would mean the Government must publish an assessment of the impact the performers’ rights provisions in the CPTPP will have on qualifying individuals in the UK.
New clause 13—Review of regulatory impact of implementation of the CPTPP treaty on UK businesses—
“(1) The Secretary of State must, within one year of the passing of this Act, lay before Parliament a report on the regulatory impact of the implementation of the CPTPP treaty on costs to exporting and importing businesses in the UK.
(2) A report under subsection (1) must take account of the existing levels of costs to exporting and importing businesses arising from trade regulations.”
This new clause would require the Government to report on the impact of implementation of the CPTPP treaty on the costs to businesses in the UK. The report would need to take the existing trade costs facing such businesses into account.
Amendment 2, in clause 2, page 2, line 2, at end insert—
“(5) Regulations under subsection (1) may not be made before Government has moved a substantive motion to resolve that the UK Accession Protocol should not be ratified.”
Amendment 1, in clause 5, page 6, line 36, at end insert—
“(7A) The Secretary of State must, after a period of three years from the passing of this Act, lay a report before Parliament containing an assessment of the impact of changes made in this section.”
China’s accession is unlikely to drive economic reform in the country. There is no political ability to drive such reform under President Xi, who has moved China further away from the spirit of the CPTPP on labour rights protections.