Barry Gardiner
MP for Brent West · Labour · United Kingdom
“Sir Desmond, imagine that the top brains in the country’s security and intelligence community produced a report that told you how to save the world. You would want to see it, right? Well, the report we are discussing is not about how to save the world; it is about what happens if we do not.”
“The nuclear threat will rise as clashes between nuclear powers become more frequent. Those are the cold assessments of the Joint Intelligence Committee. The Government were right to think that those assessments might scare people—they scare me—but they were wrong to think that they could hide them from the public.”
“The Minister will know that the grant structure on which UKRI is based gives out grants for a maximum of three to five years. Very few are for five years—most are for three years or under—yet the sort of long-term scientific development that my hon.”
“My hon. Friend is making a superb case for the importance of funding for her deep earth facility. I had the privilege of going to the National Oceanography Centre’s deep oceans facility, and the innovative science there on carbon sequestration is superb.”
“The Prime Minister has spoken powerfully about the devolution of power and giving back control. Will he therefore ensure that the proposals for commonhold and leasehold reform, for which 5 million leaseholders in this country are waiting with bated breath, do give that power and control back to those people, through the right to enfranchi…”
“We know how much land there is in the UK, and we know the extent of our inland waters and seas, so we can know how much we have to do to protect them, as we are required to do by target 3 of the global biodiversity framework.”
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“The European Scrutiny Committee was absolutely right to demand in its report “a clear breakdown of how different UK sectors and stakeholders are expected to win or lose from the agreement.” All the independent projections made of the EU-Japan deal calculated that the gains accruing to Japanese firms would be far higher than those seen by European businesses. All the forecasts spoke of major increases in Japanese exports, and the potential loss of jobs and businesses in Europe as a result. The Government assessment has at least picked up on these forecasts, recognising that the UK’s balance of trade with Japan will take a serious hit when this agreement comes into force.”
“It is perhaps most damning to quote from the impact assessment document itself, which states: “Figures presented here reflect the long run impacts per annum and should be treated as a magnitude of change and not a forecast…It is important to note the results below are not based on the final EU-Japan EPA text and are therefore subject to a degree of uncertainty…Estimates are produced against a baseline of 2008 and reflect a world in which the Doha trade round and EU-Korea FTA are un-concluded.” So there we have it. The baseline is 10 years out of date and fails to take account not only of the EU-South Korea FTA, which has been applied ever since July 2011 —seven years ago—but of the terms of the final agreement text that it is supposed to be assessing.”
“I am grateful to the hon. Gentleman on two counts—first for showing us precisely what we are talking about. I know that he will have read the full EPA assessment, as I have done. I am equally grateful to him for raising the issue of the balance of trade surplus and deficit that we currently run. I am just about to come to that point, so I hope that he can hold off with his remarks.”
“Note how keen the Secretary of State is to deflect the House from the fact that his own impact assessment says that, in signing the deal, this country will be between £2.2 billion and £2.8 billion worse off.”
“Goodness me! The Secretary of State is getting really exercised from a sedentary position; he is starting to be abusive. Let us be clear what has aggravated him so much. It is that I have read his impact assessment, and his own assessment of this deal says that this country will be £2.2 billion to £2.8 billion worse off.”
“It fails to ask the real questions as to what the long-term impacts on the UK car industry might be when we remove the existing 10% tariffs on Japanese car imports. This question is clearly of the utmost importance when it comes to safeguarding jobs in the UK auto industry, as there will no longer be a trade incentive to maintain Japanese investment in precisely the way in which my hon. Friends the Members for Newcastle upon Tyne North (Catherine McKinnell) and for Crewe and Nantwich (Laura Smith) mentioned earlier.”
“I will make a little progress, Madam Deputy Speaker, because I know that you want to encourage other Members to speak. The automotive industry offers the clearest indication of the issues posed by the EU’s deal with Japan. The EU-Japan EPA will, for example, remove the 10% tariff that currently applies to all car imports into the UK from Japan, which will—again, according to the Government’s figures—result in a £2.8 billion surge in Japanese car imports into the UK. That will have significant implications for the future viability of our domestic automotive sector and the thousands of jobs attached to it. But this is precisely where the Government’s assessment is so hopelessly unsatisfactory.”
“I am astonished. I should have thought that each week my hon. Friend reads—just as I do—the Whip that comes out from our Whips Office, so he will know perfectly well which way we will be voting. [ Interruption. ] No, and Government Members will get to find out in due course.”
“The Government have not published any serious analysis as to the potential outcomes of the EU-Japan EPA on the car industry beyond the basic econometric analysis in their impact assessment. It cannot be right to allow the Government to proceed with fast-tracking approval of this trade deal when we have not had answers to the critical questions posed by the hon. Member for Stone and his Committee, based on a proper analysis of what the likely impacts might be.”
“France, Spain and Italy have each listed dozens of their national products for special protection in annex 14-B of the deal and Japan has listed 48 of its products for protection, yet the UK Government could only be bothered to list four products under the geographical indications provisions of the deal—Scottish farmed salmon, west country farmhouse cheddar, Stilton and Scotch whisky.”
“I will not, because Madam Deputy Speaker wants me to press on to allow hon. Members to make their own contributions. The car industry is far from the only sector involved in what is a comprehensive trade deal. Food and drink producers are also implicated, not least as regards the protection provided in the agreement for products with specific geographical indications. Once again, the Government have failed to defend the interests of British producers on overseas markets.”
“If the motion before us is voted through, it will allow Ministers to endorse the agreement without proper scrutiny by the House, and even before the full scrutiny process of the European Union has been properly applied. That sets a dangerous precedent for future trade agreements and makes a mockery of the idea that any future trade agreements to which the Trade Bill applies will have received proper scrutiny by this House.”
“We want a positive, dynamic relationship that elevates standards, boosts opportunities to benefit from advances in technology and research and development, and continues to support growth and investment in our high-tech manufacturing sectors and world-class services sector. But we cannot be expected to rely on this Government’s quiet promises alone, and it is imperative that Parliament has the proper opportunity to scrutinise and debate these trade agreements well in advance of their being signed. It is worth noting that this deal has yet even to go through the full scrutiny process in the EU, with INTA—the Committee on International Trade—not scheduled to hold a public inquiry until 9 and 10 July and the European Parliament scheduled to vote on whether to give consent to the agreement in December.”
“Member for Stone and by my hon. Friend the Member for Crewe and Nantwich—or will the separate EU-only trade agreement constrain the UK’s ability to negotiate and conclude an integrated trade and investment agreement? The House will be rightly concerned that the Government have simultaneously inserted into the Trade Bill sweeping Henry VIII powers to implement such a future trade agreement without any proper scrutiny or oversight. Will the Minister confirm that no such investment chapters will be included in any future trade agreement with Japan? Let me be clear: Labour would like to see a trade agreement with Japan. We have an incredibly strong trade and investment relationship between our two countries, and we believe that we can continue to build on that.”
“As the Minister said, the UK has entered annex 2 reservations for cross-border auditing services, manpower planning for doctors in the NHS, privately funded ambulance services, and residential health facilities services other than hospital services. I repeat: other than hospital services. In other words, they are, and will forever remain in future, subject to liberalisation and competition under this agreement, in contradistinction to the implication that we heard earlier. I therefore repeat the Committee’s question: will the Minister confirm whether he is content with the proposed provisions enabling Governments to regulate in the public sector? Do the Government intend to negotiate the UK’s future trade partnership and its future investment relationship with Japan at the same time, as one agreement—another question posed by the hon.”
“It means that any emergent sector in the future will be automatically subject to trade liberalisation even where there may be a clear need for Government regulation or intervention. We cannot possibly predict what those will be prior to their emergence, but what is the point of using such “negative lists” to reduce the capacity of the Government to regulate in the future? Annex 1 allows countries to list existing non-conforming measures that enjoy some protection. Annex 2 is a stronger protection, in that it permits countries to protect service sectors into the future by allowing for the introduction of reforms that would otherwise contravene the EPA rules.”
“Indeed. As my hon. Friend says, what about Welsh lamb? What about Scotch beef, Dorset blue, Yorkshire Wensleydale, Cumberland sausage and Melton Mowbray pork pies? Can the Minister explain why we failed to register geographical indications to protect more of our UK food produce? The European Scrutiny Committee raised many further crucial issues relating to the deal that remain unanswered. Under the negative list approach, all service sectors that are not explicitly exempted from liberalisation are included. It is considered to be a particular threat to public services, as it may prove impossible to shield them from liberalisation effectively once they have been committed to an international trade treaty.”
“In 2015, the then Secretary of State said that 2018 would be the year for the UK to ratchet up our Paris climate commitments and our progress towards sustainable generation, but in the past three years the Government have capped support for low-carbon energy and destroyed 12,000 solar jobs. Clean energy investment, which fell by 10% in 2016, fell by a further 56% in 2017 to its lowest level in a decade. How about the Minister comes down off cloud complacency and finally gives investors certainty about the renewables industry, starting with a date for the consultation on the post feed-in tariff framework?”
“Will the Secretary of State assure the House that, however diplomatically embarrassing it may be for Canada as the host country, the UK will insist that this matter be given a high priority on the formal agenda and not relegated to the sidelines? The Prime Minister must persuade other leaders to respond to the fundamental problem of global oversupply as well as the unjustified action of the United States. The 37,500 workers in the UK whose jobs depend on these industries will expect her not to fail them.”
“Can he confirm that, once outside of the EU, it would be his intention for the UK to continue with a WTO dispute against the US and that he is not minded to succumb to bully-boy tactics for fear of offending the President before a future trade agreement? We do not want a trade war; most rational people believe that there are no winners in such a war. Only President Trump has said that he believes that he can win one. The UK and the EU must stand up to this behaviour and restore the integrity of the rules-based system. I therefore welcome the upcoming G7 summit and the opportunity that it provides the Prime Minister to press the case with President Trump.”
“On careful reading, however, it appears that he may have given himself a get-out clause. He talks of supporting “any safeguard measures required to deal with steel diversion”. Can he confirm that he will support maximal measures to defend the immediate interests of our steel industry as well as any future trade defence measures that go beyond the lesser duty rule? Thirdly, the Secretary of State mentioned that the EU filed a dispute at the World Trade Organisation on Friday. Strangely, he did not say that he welcomed that move. He knows that President Trump wishes to undermine the WTO and would prefer to do his trade deals on a bilateral basis using America’s economic might to obtain concessions.”
“That is why there are three issues on which we need absolute clarity from the Secretary of State. First, will the UK give the consent required to trigger the countervailing measures and enable them to come into effect on 20 June? The implication of the statement is that the Secretary of State will, but I ask him to leave no doubt. Secondly, the greatest threat to jobs is perhaps not directly from the loss of trade into the USA as a result of tariffs—the USA only accounts for 7% of our steel and 3% of our aluminium exports. The real danger is from the products diverted from other countries which can no longer export into the US being dumped here. When I first read the statement, I believed that the Secretary of State had made a commitment to agree to strong safeguarding measures to protect against such an influx surge.”
“We saw him use the same protectionist policies to attack Bombardier in Northern Ireland. This time, he has based the policy on a fundamental lie. He is pretending that the tariffs fall under section 232 of the Trade Expansion Act 1962 and are necessary for the national security of the United States. They are not. The lie is to try to avoid the perfectly correct response that the EU is now making in taking this as a dispute to the WTO, because the WTO is naturally reluctant to rule on what is and what is not member states’ national security. All our steel producers want is a fair and level playing field on which to compete. They and we acknowledge that there is a real issue of global overcapacity, which brought our industry to crisis point three years ago and threatens to do so again now.”
“That hardly sounds like a full-throated and co-ordinated position with our EU trade partners—and no wonder: when the EU recently voted to modernise the trade defence measures available to protect our industries, our Government were one of only two to vote against them. It is no use the Secretary of State saying that the Opposition voted against the Trade Bill and the customs Bill and that that would have left us with no Trade Remedies Authority. We voted against those Bills precisely because they were so weak and ineffective on this matter, and he knows it. Some 34,000 UK jobs in our steel industry and 3,500 more in the aluminium industry are at risk because President Trump is imposing protectionist tariffs that the rest of the world believes are illegal under WTO rules.”
“That ideology has been confirmed by the Government’s refusal to accept the amendments that Labour tabled to both the customs Bill and the Trade Bill precisely to strengthen the trade defence measures that we could take against such illegal action. Last week, the Secretary of State’s initial response was to say that he did “not rule out” countervailing measures with our European partners. Did “not rule out” such measures? He should have been demanding them. On the departmental website it says begrudgingly that while we are members of the EU we “must abide by EU trade decisions”.”
“I am grateful to the Secretary of State for advance sight of his statement and for his telephone call yesterday afternoon. He is a very courteous man, but no amount of courtesy can hide the fact that he and his party have a record of failure when it comes to defending our steel industry. When China began dumping its over-production into the European market back in 2015, it was the Secretary of State’s Government who opposed the European Union taking stronger defence measures and who precipitated a crisis for producers in the UK that led to the loss of companies such as SSI and of 1,700 jobs at Redcar. That was not some civil service mistake, but ministerial ideology.”
“On 26 April this year, the Cabinet Office and the Office for National Statistics released the annual FOI statistics by Department. The Department for International Trade was the worst of all Departments, with 27% of requests either not being answered within the time limits or not answered at all. That failure prevents parliamentarians from properly scrutinising the Government’s trade policy at a time of intense public debate on these matters—something we have a duty to Parliament to do. I make no judgment of whether it is by intention or incompetence on the part of Ministers, but I seek your advice as to how we may redress the situation.”
“On a point of order, Mr Speaker. You are a redoubtable champion of Members seeking to hold the Government to account. One of the things we sometimes resort to in doing that is the submission of freedom of information requests. On 20 July last year, I submitted a freedom of information request to the Department for International Trade, to which I have not yet had a response, nor indeed any acknowledgment, despite chasing it up in March and April. I submitted a separate FOI request on 14 March this year, which did receive a response, advising me that the Department would be unable to respond within 20 days but that a response would be forthcoming by 14 April at the latest. I have still had no such response, despite it now being May.”
“The US President seems intent on undermining the World Trade Organisation’s multilateral rules-based system. He is delaying the settlement of disputes by vetoing the appointment of judges to the appellate body and is using national security as a cover, in this case, for naked protectionism against foreign steel and aluminium. Does the Secretary of State still think that Donald Trump is a man we can do business with?”
“First, the Government said that they were simply rolling over these agreements on precisely the same terms. Then they admitted that they would have to amend the agreements with Norway, Turkey and Switzerland to avoid rolling over such things as the customs union or the four freedoms that they would rather avoid, but the Minister has still not explained what process this sovereign Parliament will undertake to ensure that these important new agreements are subjected to proper democratic scrutiny. When will he?”
“I am grateful, Mr Speaker. At oral questions this morning, in response to a question from my hon. Friend the Member for Lincoln (Karen Lee), the Under-Secretary of State for International Trade, the hon. Member for Beverley and Holderness (Graham Stuart), advised the House that all export licences for military and dual-use goods are examined and issued on a case-by-case basis. In fact, his own Department’s website clearly shows that a considerable number of such goods are exported under open general export licences that specifically exempt the exporter from applying on a case-by-case basis. Have you received any request from the Under-Secretary of State for International Trade to come back to the House to correct the record following what I am sure was an inadvertent mistake?”
“Offshore wind is an integral part of the clean growth strategy, which the Government have submitted to the United Nations as their official mid-century decarbonisation plan. However, the independent Committee on Climate Change says that the strategy will fail to meet even our existing targets for 2030. Will the Minister tell us when “mid-century” shifted forward 20 years? Why do the Government think a plan that fails even to deliver a 57% reduction in emissions by 2030 is appropriate to meet the much tougher reduction of a more than 80% reduction by 2050?”
“They need confidence that he will tackle unfair practices that distort the market. If he does, he will have the Opposition’s full support.”
“The Secretary of State spoke of the retaliatory measures that the EU Commission is preparing. What assessment has his Department made of the legal rights to recourse under article 8 of the WTO agreement on safeguards and what representation has he made to the European Commission’s Directorate-General for Trade in relation to these measures? Is he persuaded that they would be lawful? Is he persuaded that they would be effective? The Secretary of State is fond of painting international trade as a balance of consumer and producer interests. The fear of thousands of steel and aluminium workers in the UK is that he naturally leans too far in favour of lower prices for the consumer. He needs to prove to them that he will stand up for British industry, for their jobs and for their communities.”
“He must recognise that our industry is particularly vulnerable because we have a Government who pride themselves on taking the weakest possible approach to remedying unfair practices by their adherence to the lesser duty rule. Both the Trade Bill and the Taxation (Cross-Border Trade) Bill currently going through Parliament were opposed by the Labour party precisely because they proposed to create what the Manufacturing Trade Remedies Alliance described as “one of the weakest trade remedy regimes in the world.” Will the Secretary of State say whether he will consider tabling Government amendments to strengthen both the statutory representation function of the Trade Remedies Authority and the powers available to it, in line with the amendments proposed by the Opposition in Committee?”
“This specifically prevents member states of the WTO from demanding clarity on the grounds of such pronouncements and prevents them from commencing dispute proceedings or taking retaliatory action. The President is seeking to undermine the multilateral rules-based system of the WTO, to which he has long been opposed. He has said that he would welcome a trade war and thinks that America could win it. He cares nothing for the viability of UK producers who have respected the rules. He is treating them no differently from their competitors who have not. As the US market closes to our exports, countries that would otherwise export into the US will seek to divert their production to the UK, which will tend to undercut domestic producers here even further. What action is the Secretary of State taking to defend against this trade divergence?”
“It is reported that, following the Australian Foreign Minister's meeting with Rex Tillerson, these tariffs may not be applied to Australia. However, it has also been reported that Australia has had to concede to American demands for a bilateral security agreement, which would see Australia forced to commit to greater military spending. Will the Secretary of State also be clear about how any such attempt by the UK to secure an exemption sits with the duty of sincere co-operation, to which he rightly referred in his statement? President Trump is imposing these tariffs on national security grounds precisely because, under WTO rules, this means that article 21 of the General Agreement on Tariffs and Trade would not apply.”
“He is doing the same with the UK and Europe, where he wishes to reverse the US trade deficit. Given that the Secretary of State accepts that the tariffs are unjustified, I ask him to consider that the two routes he outlined for petitioning for exemptions from them is to act as if they have a spurious legitimacy. This is precisely the trap that President Trump has set: “Negotiate with us and we will not bully you further.” In the part of Glasgow where I grew up, that was called a protection racket. If the Secretary of State does go down this route of trying to secure an exemption, will he give a commitment now to be totally transparent about any price that he has to pay and any assurances that he has to give to the US Administration in order to get it?”
“The US Secretary of Defence himself has publicly stated that US military requirements represent no more than 3% of US steel production and that the Department of Defence is able to acquire the steel and aluminium it needs for US national defence requirements. The UK steel industry has made it clear that the amount of UK steel exports to the United States military industrial complex is “very small indeed”. The Secretary of State says that Trump’s tariffs have weak foundations in international law. In fact they have none. The truth is that the President is seeking to bully and threaten his trading partners to bring them weakened to the negotiating table. The temporary exemption for Canada and Mexico, making their position subject to a renegotiation of NAFTA that is favourable to the USA, is just one example.”
“Global over-supply has seen other countries dump their surplus—a surplus often created by actionable subsidies and lax enforcement of labour standards and workers’ rights—at less than market value. Although the global situation has not been created by President Trump, the manner in which he has gone about trying to resolve its impact on US producers is fundamentally wrong and threatens to tip a very bad situation into a full-scale global trade crisis. The application of 25% tariffs on steel and 10% on aluminium imports into the United States is unjust and unjustifiable. The suggestion that such tariffs are necessary under section 232 to mitigate a threat to American national security is patently false.”
“We will be constructively critical where we consider the Government can do better, but our fundamental position will be to work with the Government to achieve the best outcome for our steel communities, for our aluminium industry and for our wider economy. The Secretary of State is correct that the fundamental cause of this crisis is overcapacity in the global market and a long-standing failure by Governments around the world to tackle dumping and unfair practices, but he should have acknowledged that this included his own Government. We have not forgotten that it was the Conservative Government in 2016 who sought to block EU plans to impose tougher tariffs on aggressive Chinese steel imports.”
“I thank the Secretary of State for advance sight of his statement and for his telephone call over the weekend. The world steel industry is on the verge of a crisis. In our domestic industry, 32,000 workers in the steel industry are facing an existential threat to their jobs. Many of those men and women are angry that it has taken the Secretary of State more than 10 days since President Trump’s initial announcement to come to this House and make a statement about the impact that this might have on their communities and what measures the Government are taking to protect their livelihoods. They expected better, and they had a right to do so, but I assure the Secretary of State that, for our part, the official Opposition will not seek to make this issue one of party political point scoring. Everyone in this House must work together.”
“Given that Norish is the parent company of Town View Foods, one of the directors of which, Plunkett Matthews, was also a director of Freeza Meats, a company implicated in the Irish horsemeat scandal in 2013 and found guilty of meat-labelling fraud, will the Secretary of State urgently liaise with Ministers in the Republic of Ireland, the FSA here and the Food Safety Authority of Ireland to ensure the supply chain for this illegal meat is identified, that our sanitary and phytosanitary regulations are properly enforced and that those behind the illegal trade—”
“Given the Government Front-Bench team’s uncharacteristic failure to welcome my hon. Friend the Member for Bradford South (Judith Cummins) to the Opposition Front Bench, I know that you would want me to do so, Mr Speaker. Is the Secretary of State aware that the Food Standards Agency recently detained large quantities of out-of-date meat in a company called Norish Cold Storage? The meat is believed to have come from Ireland and South America.”
“Member for Kilmarnock and Loudoun should not worry or be discouraged, because I have no doubt that within 24 hours, the Government will see sense.”
“Very briefly, I commend the hon. Member for Kilmarnock and Loudoun for tabling the new clause. We have seen in recent days that the Government are usually reluctant to release any impact assessments or reports of any substance, for fear that they will prejudice negotiations and put the Government in the most awkward position. However, I am sure that the hon. Gentleman will take heart from the fact that it is now usual for the Government, 24 hours after saying that they will not publish a report, to decide that they will do so anyway. I confidently expect the Minister to stand up and say that those on the Government Benches cannot support the new clause—we will support it, as my hon. Friend the Member for Sefton Central said—but the hon.”
“We have seen the Queensland state government implement policy that ignores obligations under Australia’s trade agreement with New Zealand in order to deliver on Queensland’s public interest and economic performance duties. Will the Minister tell us what discussions his Department has had with each of those countries in this respect? Have concerns been raised about consultation with our devolved authorities? Conversely, have we asked about theirs? Perhaps the Government have given assurances that they intend not to consult with the devolved authorities and will use the powers in the Bill to override devolved competence. Perhaps it is a case of “put up and shut up”.”
“Will the Minister tell us whether any of the trade working groups and dialogues that the Government have established with would-be trade partners have yet covered that issue, or whether the issue has been raised in the provisional soundings taken of the third countries with which we seek a trade agreement that corresponds with one they might have with the EU? It is rumoured that the Government’s preference is to mirror as much as possible the Australian trade policy model. In Australia, no such formal consultation exists with state governments. They have the same rights as any other lobbyist: they can submit responses to open consultation in advance of the conclusion of trade agreements. Of course, that approach presents entirely different problems, and it would be foolhardy to believe otherwise.”
“A whole-of-Government approach is required, not only to avoid later difficulties but to ensure the democratic will is represented fully in the determination of our international outlook and the relationships we will form with other states. Other countries have sought to create a consultation framework to mitigate any such complications at the earliest possible stage of the process. The US has its Trade Promotion Authority, born of the fast-track scheme. There are problems and complications with it, but it is there. The Government of Canada have given a much greater role to the country’s provinces in setting mandates and consulting in negotiations, as a result of the EU’s refusal even to begin trade talks unless it had confidence that the provincial governments would ultimately agree to implementation.”
“10, Q12.] We would be nothing short of foolish to allow our trade negotiators to commence talks without first having consulted and engaged with our constituent interests, which absolutely must include the devolved authorities. Trade negotiations can be brutal. The Americans have no qualms in telling us that they refer to counterparties to such talks not as “partners” but as “adversaries”. Any weakness in position or failure to come prepared can be extremely costly and damaging—especially so if complications are presented later when the Government seek to ensure implementation and compliance with the obligations stemming from the concluded trade agreement.”