Trade Bill — House of Commons, 2021-01-19
Topic: Foreign Trade
Thomas William Randall (Conservative, Centre-right): There are several amendments to be considered today, but I propose to speak only to Lords amendment 3—the so-called genocide amendment—which I have particularly considered. After Brexit, the country appeared to divide into two camps: those who saw Brexit as a problem to be solved and those who saw it as an opportunity to be embraced. I am firmly in the latter camp. We can now develop our own trade policy in a way that we have not for some time. It also gives us the opportunity to export our values —if hon. Members will excuse the phrase—as well as our goods and services I hope that Britain’s trade policy in the 21st century will be like that of the 19th—the Britain of the West Africa Squadron, unafraid to stand up for what we believe in around the world. However, we have to take the world as it is. Not all countries are western-style democracies, and as we stride the world at large it is inevitable that we will want to trade with some countries that are perhaps not quite the same as ours, but there are obviously limits. The International Criminal Tribunal for Rwanda described genocide as "the crime of all crimes" Rightly, this country will not seek to make trade arrangements with countries that commit it In that light, Lords amendment 3 has much to commend it. It could apply to any country, but discussion of the amendment so far has centred on the People’s Republic of China and its treatment of ethnic minorities. As the vice-chair of the all-party parliamentary group on Hong Kong, I have become much more aware of and interested in China’s activities, and the amendment would send a very powerful message to China that her actions are unacceptable I have a great deal of sympathy with those who are minded to support the amendment, and I applaud the work of the Board of Deputies, the Muslim Council of Britain and others that have raised the profile of the amendment and the surrounding discussion. However, lawmaking is not just about sending messages; it is also about creating a set of workable rules. In that respect, I regrettably have some doubts about the Lords amendment A free trade agreement is likely to take the form of a treaty that has been through Parliament under the procedure set out in the Constitutional Reform and Governance Act 2010. The amendment would effectively revoke a trade agreement on a ruling from a High Court judge. That introduces a judicial element that may or may not be desirable, but needs to be considered at greater length and very carefully. Is it desirable that a judge considers an international agreement that has already been considered and approved by Parliament? If a free trade agreement is being considered with a country that is suspected of committing genocide, which I suggest is a situation that is not going to arise, is this House not capable of considering that and voting it down? Is a court able to amass the relevant evidence to decide whether genocide has occurred? Can the Government or Parliament not do so? Perhaps the Government are better placed to do those things I am not sure how the amendment might work in terms of our international law obligations. Would our domestic legislation be overturned while our international obligations, which the trading partner could still enforce, were still in place I have not fully addressed those questions in my own mind, and it is for those reasons that, with considerable regret, I do not feel that I can back the amendment as it stands. I urge the Government to consider this matter carefully, use this amendment as a first draft and turn it into a workable safeguard to ensure that, in the future, Britain continues to hold our head high on the international stage.