Trade Bill — House of Commons, 2021-01-19
Topic: Foreign Trade
Gregory William Hands (Conservative, Centre-right): I am going to try to summarise all the points that have been made The amendment in front of us says: "International bilateral trade agreements are revoked"— it is not a suggestion— "if the High Court of England and Wales makes a preliminary determination that they should be revoked" That is an absolutist position as expressed in the Alton amendment. More to the point, there is not a bilateral free trade agreement with China to revoke. I will come back to that point shortly My hon. Friend the Member for Gloucester (Richard Graham), who has been to Xinjiang and spoke strongly against what is happening there, made the point that the amendment, which may have China in mind, could well be used for countries with whom we do have trade agreements. I agree on finding a balance, but the Bill, as he rightly points out, is all about continuity trade agreements and agreement on Government procurement and so on My hon. Friend the Member for Huntingdon (Mr Djanogly) quoted the amendment of the LibDem peer Lord Purvis. I say to him that parliamentarians can have their say through the CRaG process on any future trade deal, if Parliament has concerns. That is a key part of our scrutiny arrangements that are set up The hon. Member for South Antrim (Paul Girvan) questioned whether Northern Ireland would benefit. It is absolutely clear that Northern Ireland will benefit from UK trade deals. The UK says that. The EU says that. The 63 continuity trade deals all apply to Northern Ireland and the withdrawal agreement and protocol are clear that Northern Ireland will benefit from UK FTAs My hon. Friend the Member for Folkestone and Hythe (Damian Collins) spoke on platform liability. He asked us to agree that what happened with the US in relation to the United States-Mexico-Canada agreement, which the right hon. Member for Islington South and Finsbury quoted earlier, will not take effect in the UK. We have been absolutely clear that those provisions will not take effect in the UK. He also called for a formal role for the Information Commissioner. I met her recently and I am considering what she has to say on the matter My right hon. Friend the Member for Gainsborough (Sir Edward Leigh) made a powerful point about the importance of the issue, but the flaw is in the amendment in front of us today. It is not for the courts to revoke trade treaties. That is a denial of the fundamental supremacy of Parliament. He is absolutely right on that, while being passionate about what is going on in China and other parts of the world. He asked for more parliamentary debate. Determining the parliamentary timetable is not always entirely in any Government Department’s hands, but we at the Department for International Trade always welcome more debate on trade deals, wherever parliamentary time allows. It is great to have Members passionately interested in trade deals My hon. Friend the Member for Birmingham, Northfield (Gary Sambrook) made a powerful speech on the 63 deals done. My right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright), a former Attorney General, raised some really strong points about the legal language of the genocide amendment. What does a preliminary hearing mean? Who is the respondent? Would it be the foreign Government, or would the UK Government have to respond for that foreign Government, which in almost all conceivable cases would be a Government that the UK Government would have been very critical of? He raised serious points that get to the heart of the amendment and how it is not appropriate in our constitutional settlement for the High Court to be doing such as thing as trying to revoke an international treaty. On online harms, I am very happy to engage with him further There were excellent speeches from my hon. Friends the Members for West Aberdeenshire and Kincardine, for Hertford and Stortford (Julie Marson), for Dudley North (Marco Longhi) and for Milton Keynes North (Ben Everitt) on the importance of our trade agenda My hon. Friend the Member for Gedling (Tom Randall) is quite right. He is passionate—he is the vice-chairman of the all-party parliamentary group on Hong Kong—but he also said that lawmaking is about workable rules and doubted whether a court should have the right to automatically revoke an international treaty May I also say a few words about some of the Opposition contributions? I do not have time to reply to all of them, but it is good courtesy to try to reply to as many as possible. I think the hon. Member for Aberavon (Stephen Kinnock) was making an argument about whether courts should pronounce on genocide, and that is a relevant topic for debate. However, what we have in front of us is not the question of whether courts should pronounce on genocide; the question is whether the courts should have the right to automatically revoke an international trade agreement. That is the amendment that is in front of us, and that is the amendment that I urge my colleagues to reject. It is not for a court to revoke international treaties The NHS was raised by Opposition Members including the hon. Members for Vauxhall (Florence Eshalomi), for Bristol East (Kerry McCarthy) and for Wirral West (Margaret Greenwood). The Government have been consistently clear about their commitment to the guiding principles of the NHS: that it is universal and free at the point of need. The Government’s position is definitive: the NHS is not and never will be for sale. The NHS is of course the most beloved of British institutions and is not in anyone’s interests, including this Government’s, to change that. No UK trade deal will change that either Let me just say a few final words about Lords amendment 3 on genocide from Lord Alton. I know Lord Alton well. I have worked with him closely on a lot of these issues. He and I were instrumental in the all-party parliamentary group for North Korea, and I know his absolute passion on these issues. I also know from my own involvement in these questions in relation to central Asia, including here in Parliament in 2006, and in articles that I wrote in 2011, how passionate he is about these issues. Being passionate about an issue is why we are in this place, but it is also incumbent on us to make good law, and that is fundamentally the question in front of us tonight with the Alton amendment I want to make three other points quickly. The first is that there is no bilateral free trade agreement with China to revoke, so even if the High Court decided to do so, that would not bring any comfort to the Uyghurs. Secondly, as I have mentioned, is it a matter for the courts automatically to revoke international treaties negotiated by this Government and approved by Parliament? I do not think that can be right. Thirdly, we do not have a bilateral free trade agreement with China, but we do have such agreements with dozens of other countries. I am not at all sure that it is the right role for the High Court to be potentially clogged up with questions of other countries, international relations and international treaties. I ask my right hon. and hon. Friends to consider carefully whether that is the route they wish to go down The amendments introduced into the Bill by the other place were undoubtedly done with good intentions, and I hope that I have spoken to all the points arising in this debate and to the speakers and the amendments. But it is our strongly held position that these amendments would, in the aggregate, be to the detriment of the Bill rather than to its advantage. I hope that what I have said here provides the House with clarity regarding the Government’s position on the amendments we are discussing today, and that it will vote to reject them. Question put, That this House disagrees with Lords amendment 1.