← LEADERSHIP TERMINAL

UK PARLIAMENT · SITTING

Gareth Thomas

MP for Harrow West · Labour (Co-op) · United Kingdom

IN THEIR OWN WORDS

Local councils such as Harrow need to invest more in youth facilities that divert young people away from crime. Some of the CCTV projects in my constituency that Harrow council has turned down—in Wealdstone, south Harrow and central Harrow—should get funding.

PUBLIC CONFIDENCE IN THE POLICE · 2026-09-09 · READ IN HANSARD

I congratulate my hon. Friend the Member for Pendle and Clitheroe (Jonathan Hinder) on securing the debate and on the way in which he approached the subject. I join him and my hon.

PUBLIC CONFIDENCE IN THE POLICE · 2026-09-09 · READ IN HANSARD

I also want to suggest that the Metropolitan police does not get recognition across the whole of the UK for its hugely important work in tackling national and international crime, and that perhaps more recognition of that is required in the funding formula.

PUBLIC CONFIDENCE IN THE POLICE · 2026-09-09 · READ IN HANSARD

In particular, in Harrow, we recently saw enforcement teams contracted out to an organisation called Kingdom. The responsibility for that contract was with Harrow council. There was widespread criticism of the way some of the staff employed by Kingdom tried to levy fines on a number of young people in south Harrow, in my constituency.

PUBLIC CONFIDENCE IN THE POLICE · 2026-09-09 · READ IN HANSARD

One way we can further support the Metropolitan police is by allowing it to keep more of the proceeds from successful operations, such as recovering stolen funds hidden in bitcoin assets. I congratulate my hon.

PUBLIC CONFIDENCE IN THE POLICE · 2026-09-09 · READ IN HANSARD

Mayor of London Sadiq Khan has done a huge amount to try to redirect funding from other parts of his budget to minimise the impact of that cut.

PUBLIC CONFIDENCE IN THE POLICE · 2026-09-09 · READ IN HANSARD

The complete record

Every one of 7,011 lines we hold for Gareth Thomas, in date order, each linked to its source. Free to read, in full, without an account. Page 26 of 141.

  1. I wonder if Mr Bain or Mr Burwell have a view. William Bain: In terms of the question about the export capacity of these two trade agreements, we would see the case for a refresh of the export strategy. We think that some elements of it have worked well, so it is a case of examining and rocket-boosting those but also leveraging what business groups and other trade bodies do collectively, in terms of turning what are otherwise dry legal texts into growth-generating instruments for our export companies. In the chambers network we have particular strengths in trade promotion and trade facilitation. We are doing the paperwork that makes international trade happen.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  2. I think we will have to wait and see whether those concerns come to the fore. It is hard for me to judge right now whether they are correct.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  3. Q I wonder if I can push you, Mr Burwell. The CBI represents some of the biggest businesses in Britain that export to Australia and New Zealand. You will be aware of the evidence given to the International Trade Committee by Professor Sanchez-Graells, suggesting that there were some serious risks of regulatory chill—I think that is the phrase he used—from the remedies available to business if contracts, as they perceived it, were unfairly tendered and put them at risk. Those remedies are not available in quite the same way as they are in the European Union or in other jurisdictions. Do you share that concern, or do you think he is exaggerating? Andy Burwell: From his perspective, from a technical point of view it is accurate, but it all depends on how the new access is used and what the experience will be.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  4. Speaking to members about these two agreements specifically and whether they had any concerns about the Procurement Bill and its powers, in the grand context of the changes that the Procurement Bill is making and the reforms within it, in a way these pale into insignificance. They are very minor in the grand context of that Bill. In broad terms, our members felt that they would be positive for industry.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  5. Q Just to push you a little further, if I may, presumably you are enthusiasts for the WTO government procurement agreement. He appeared to be saying—we will have the chance to push him further on this in the evidence he gives this afternoon—that the UK-Australia FTA appears to undermine the GPA and that the comprehensive and progressive agreement for trans-pacific partnership, which potentially will succeed the piece of legislation that we are debating, will also undermine the GPA. Would that be of concern to the CBI, or are you fairly relaxed about it? Andy Burwell: The professor will be much more the procurement expert than me.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  6. In the end, an MP tabling an urgent question provided the only opportunity to debate the agreement, but there was still no vote on its content, which is something that happens elsewhere. Finally, and linked to that, CRaG allows for parliamentarians, in lieu of a vote, to pass a motion against resolution. There is no opportunity to amend the text or anything like that. Even that motion, as I understand it, would just delay ratification rather than resolve against it. Given that there is no precedent, it is not completely clear what form that motion would have to take for parliamentarians, so it seems that ultimately there is no meaningful way for parliamentarians to express dissatisfaction with the trade agreements that our negotiators are coming back with. I think that is a problem.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  7. There are also more meaningful opportunities for legislators to see texts during negotiations; again, at the moment, parliamentarians do not see negotiating texts at any stage of the process. We would argue that it would be beneficial for the International Trade Committee to at least have a view of the negotiating text during the process. Finally, there will be guaranteed votes and debates on the content of trade agreements after signature; that is the big omission that we saw with the Australia CRaG process. The International Agreements Committee was debated in the Lords, but the International Trade Committee and the Liaison Committee pushed extremely hard for an opportunity to debate the Australia agreement, which was not forthcoming.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  8. It is another question about why CRaG was rushed through for the Australia agreement prior to the summer recess, given that in Australia the treaty is done in front of a committee and then the implementing legislation will come forward, so there was certainly no rush for that happen. In terms of other scrutiny processes to learn from, it is worth pointing to places such as America and the European Union, where there seem to be more meaningful scrutiny opportunities throughout the whole process of negotiation. For example, in America negotiating objectives come before Congress; that would be something that we would really welcome. As it stands, Parliament has no opportunity to debate the negotiating objectives that negotiators take forward.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  9. Q Just to pursue that area of questioning, we hope to table amendments that will improve the scrutiny of what comes out of the Bill. Talk us through what you understand about the way that both Australia and New Zealand, or other jurisdictions, scrutinise their free trade agreements, which might be an improvement on the process we currently have here in the UK. Leo Verity: In terms of Australia and New Zealand, I know that in Australia the treaty is in front of joint committees that are constituted to properly scrutinise the agreement line by line, which is certainly more thorough than what we have. I think that is a relevant point about the Australia timeline.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  10. Q You have helpfully touched on CPTPP, which is obviously going to supersede the Australia and New Zealand FTAs. Do you have any concerns that the CPTPP might take away things in the Australia and New Zealand FTAs that are good and should therefore stay on the statute book? Or will the CPTPP just allow us to get closer to the Singapore digital agreement vision that you just described? Chris Southworth: Others may have comments on that. I am looking at this through the lens of the digitalisation of trade, and I do not think there is any conflict there at all. I think the two things are quite complementary, so we are not concerned by that. There has been no discussion raising those sorts of concerns in any of the networks we are involved in. I hope that answers your question.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  11. Q Okay. Let me pick up another area. Do you see the Australia and New Zealand FTAs as offering lots of scope for small businesses, or are they to win Government contracts, or are they more likely to be for much bigger businesses to take advantage of? Chris Southworth: I think we would all hope that it is opening up opportunities for everybody. SMEs are obviously crucial. It is great to have the big companies using these deals, but ultimately most traders are SMEs, and those are either operating within supply chains or operating independently. I hope that small companies across the UK look at this as a great opportunity to increase their trade with another part of the world—Australia and New Zealand in this context.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  12. I would argue, having been in government myself, in what used to be UKTI, and looked at exactly these issues, that you do not have to spend very long with other countries—Japan, France, Germany or anywhere else—to see that if Government can streamline and really focus where it adds value, which is more in Government-to-Government negotiations, Government-to-business on the big strategic opportunities where the Government are required, and then in partnership with business on the B2B support, that works exceptionally well. It is very efficient. You can mobilise whole value chains into markets on a whole different level than we can in the UK. That is a huge opportunity and is something that should be reflected upon and debated—whether we have got the right model or whether we can do that in a better way.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  13. In fact, we are leading in the world on that. Lots of other countries are looking at what we are doing. So there is no issue there in my view. If there is an issue, a question that I would pose is around the practical model of export support. We are the only big nation that delivers B2B support through Government. Every other major exporting economy works in partnership with the likes of chambers of commerce. This is a great point to reflect on whether we have the right model or whether we could be leveraging the private sector far better.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  14. Q One of the former Ministers at the Department for International Trade suggested that the Department was not doing enough to help SMEs to export. Do you share that judgment or is everything rosy? Chris Southworth: I would not say it is rosy. You only have to look at the trade figures to see that. There is a range of issues here. If you look at it in the context of digitalisation of trade, it is not as simple as just putting an agreement in place and then expecting it all to happen, which is exactly why we have created the Centre for Digital Trade and Innovation. We need to help industry understand what systems and processes they can use to make trade simpler, cheaper and faster. That is the big opportunity in terms of digitalisation, and that has to be a joint effort. The Government are doing a stellar job in that area.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  15. That is a far more efficient way of doing that B2B piece than it is coming from Government, where you are naturally restricted. On top of that, you are constantly chopping and changing with contracts and different approaches. All that does is create more and more uncertainty, and you cannot build for the long term. We need to build for the long term. There is a big opportunity to do this much better, and I would strongly argue that that has definitely got to be the way forward, but it needs more debate from all those involved.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  16. There are lessons to learn from others—particularly the Japanese model. The Japanese chamber of commerce operates like we do, with a voluntary membership model, but it has legislation that provides legal certainty, meaning that it can drive in investment over the long term. That is what we too need to do in the private sector, to make sure we have the right capabilities. It has a really effective relationship with METI, its DIT equivalent. I personally think we can do this better, and we can do it more efficiently. Ultimately, trade is a business activity. Governments do not trade; businesses do. When a company picks up the phone and asks for advice, it wants business advice from people who do this stuff day in, day out, and it wants proper advice quickly on what to do and what not to do.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  17. Q Thank you, Mr Twigg. Mr Southworth, we are obviously interested in the extent to which the Government are going to provide support to businesses to export to Australia and New Zealand. We have been struck by the decision, which you allude to, to take money away from the British Chambers of Commerce to help businesses export to Australia, New Zealand and elsewhere. If we are lucky enough, I hope to table an amendment to allow more debate on that issue. Are you absolutely clear in your mind that it was the wrong decision by the Government to take that money away a year ago, or do you think there were good reasons to do so? Chris Southworth: Like I say, I have been around this particular discussion for many years now, both in government and outside government. I personally think it was the wrong call. I think we can do it better.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  18. Chris Southworth: To be honest, I would defer to others to advise on that. Obviously, the trade remedies framework is very important, for all the reasons you have just set out, but I am not in a position to comment as it is not a space that we are focused on. Others are much more into that space than we are and would be better placed to advise on it.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  19. Q Absolutely—thank you, Mr Twigg. One of our later witnesses is a gentleman called Professor Sanchez-Graells, who gave evidence to the International Trade Committee on some of the legal issues relating to remedies for businesses that feel they have been unfairly treated in a tendering process. If I have understood his evidence correctly, he argues that the remedies available under the UK-Australia FTA are worse for businesses that have been treated unfairly than those available under deals we have done with similar countries, such as the EU and New Zealand. As a result, there might be regulatory chill—it might put businesses off bidding for Government contracts in Australia. Is that something that you worry about? If his evidence suggests that there is a serious issue, do you think the Government would need to address it quickly?

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  20. Q Thank you, Mr Cooke, for being willing to give evidence to us, and congratulations on being one of the great survivors of the trade policy world, at least in the UK. Do you think the deals with Australia and New Zealand are as wonderful as the Government would have us believe? Could they have been improved in any way, shape or form?

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  21. Yes, in respect of the Bill. John Cooke: One has to remember about the agreements with Australia and New Zealand that, as far as services are concerned—that is my particular area, and financial and professional services within that—they are agreements with trading partners that already had pretty liberal regimes, so there was only a limited amount extra that could be achieved in the agreements. All the same, they are useful agreements to have, and in particular they have provisions in them on regulatory co-operation that provide frameworks for building further points in the future into the relationship between the United Kingdom and the two countries.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  22. We look at this globally, not just in relation to Australia and New Zealand. The example I would give is that if, say, a country has a pensions regime that is provided by the state but also has a private sector pillar for extra investment, we would want to be quite sure that that private sector pillar is open to bidding and tendering by UK financial product suppliers. Sometimes there is a tendency in that sort of thing for a Government to feel, “Well, as the pension provision is in the main a state pension that is Government controlled, any private sector pillar should also be somehow confined to the country concerned.” We are very keen to remove any such assumption and make sure there is open competition, so— [ Interruption. ]

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  23. Q The legislation that we are debating is likely to be superseded by both the Procurement Bill, if it comes into force, and by the CPTPP. Beyond acting as a stepping stone to the CPTPP, is there any residual value to the Australia and New Zealand FTAs in themselves, or is their value purely that they are a way to prepare Britain for the CPTPP? John Cooke: I think they have value in themselves, certainly on public procurement and Government procurement. The view we have always taken on financial and professional services is that while Government procurement is often thought of in terms of procurement of goods, such as medical supplies and so on, the UK sector in these areas is very keen that it should be absolutely explicit that Government procurement also applies to services.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  24. The other kind of help that is of course very important for all exporters is the implementation of a trade agreement. The making of a trade agreement is not an end in itself; its implementation needs to be carried through. Where the other party might not implement it fully, that needs to be attended to actively.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  25. Q A former Exports Minister in the Department for International Trade said that the Government were not doing enough to help exporters. Is that a view you share, or was he just upset about something else? John Cooke: I am not familiar with that particular comment. I think it depends very much on the context of an observation like that. For us in financial and professional services, we look for particular kinds of help. On the whole, when dealing with financial businesses —with very big businesses—they might need a certain amount of door-opening help from missions abroad, which I think they get. I do not think that we have expressed any discontentment about that. The question may be much more open for smaller businesses, where the Government might be in a position to do much more by way of helping them in particular markets.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  26. I will gladly make inquiries and, if appropriate, submit some written evidence to the Committee, but it is not something that has been brought to my attention.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  27. Q As I understand it, one of the key concerns for businesses bidding for Government contracts overseas or domestically—often when they have to invest huge amounts of money in putting a bid together—is that they have confidence that, if they think they have been treated unfairly, remedies are available to them to get the tendering process suspended or compensation for the way in which the process has played out. It is likely to be put to us—it was certainly put to the Select Committee by Professor Sanchez-Graells, an expert in Government procurement—that the UK- Australia FTA includes measures that reduce the remedies available to businesses bidding for Government contracts. Would that be a concern for any of your members, or is it something you are not familiar with? John Cooke: It is not a point that I have been made aware of, frankly.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (FIRST SITTING) · 2022-10-12 · READ IN HANSARD

  28. The commitment is important because currently, in effect, the music industry provides a cross-subsidy to the broadcast sector, so that when musicians have their music played on broadcast channels in Australia, the amount of royalties paid is significantly capped at 1% of the gross revenue from the broadcaster. It is a significant policy area, and we hope to see progress made on that so that artists both in Australia and the UK can see the benefits of it flowing through.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  29. Some of the things we were most interested to see, particularly around the Australian system of placing broadcast caps on the royalties that can be paid through to music rights holders, artists and musicians, is a commitment to make progress on those matters through ongoing dialogue, rather than firm commitments within the trade agreement itself. Perhaps that, as a significant focus and priority for us, with more time might have been able to make even more progress than the bilateral discussion approach that is being taken. While very welcome, that is perhaps an area that might have been given a firmer commitment.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  30. Q 35 Thank you, Ms Jones, for joining us to give evidence. There was a sense that the Government were in a rush to get the Australia free trade agreement, and to a lesser extent the New Zealand free trade agreement, signed. If they had not been in such a rush, how might they have improved on the deals that they agreed? Sophie Jones: I do not know how much. It did feel like something of a rush, but while some relatively modest progress was made, we welcome a number of strong improvements. I think you are referring particularly to Australia, but that was to New Zealand as well.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  31. We think that recorded music exports are set to double in the next two years, and by the end of this decade they will be at more than £1 billion a year. We need initiatives such as that and investment that helps bridge some of the gap in marketing, so that we can promote into those territories more than we ever have done before.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  32. That provides a really important foothold for British artists—independent artists in particular—when exporting into those territories. We think there should be bigger, more ambitious support for that scheme, particularly with the rise of streaming, to enable access into markets such as those of Australia and New Zealand, which are really important touring markets but of course very far away, expensive and difficult to get to. The opportunities opened up by the rise of digital streaming mean that British artists have more access into those markets to generate export revenue and engage with fans, but smaller independent companies and artists need extra help to do that. There is a huge growth opportunity there.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  33. In recorded music, we have seen our export revenues grow steadily year after year. That is partly due to the strength of the UK music sector and partly to do with the phenomenal talent we have here in this cultural capital, as well as the soft power of our music throughout the world. Outside of free trade agreements, we seek to—it is the example I just gave—bring countries more into line with the UK’s gold-standard IP framework and ensure that the value of the music we are creating is fairly recognised. There are other parallel, accompanying schemes that we think could be more bold and ambitious. For example, we run something called the music export growth scheme with the Department for International Trade and the Department for Digital, Culture, Media and Sport.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  34. Q One of the issues that we hope to explore in Committee is the extent to which the commitments that have been made under the free trade agreement, in particular those under the procurement chapter of the Bill, can be translated into actual export orders. I am sure you will be aware of the comments of the former Exports Minister, who lamented that his own Department was not doing enough to help British exporters. It was the comments that were made in July. What else could the Department for International Trade do to support exporters in your industry, in particular those exporting to Australia and New Zealand? Sophie Jones: The trade agreements themselves are significant in opening up markets to exporters, such as ourselves. British music is a phenomenal export success.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  35. The music export growth scheme that we run provides grants that help support that kind of marketing, promotional and touring activity in a way that companies and artists at that scale in the market struggle to be able to meet. It is an investment injection to help bridge that gap. The scheme is really successful. It generates £13 back for every £1 that is put in through the Government partnership. We see it very much as a valuable, even necessary, scheme to enable that export activity to happen for those who are at the earlier stages of their career development.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  36. Q I just want to push you on the extra help in particular for small and medium-sized businesses to exploit the opportunities that you were telling us are there in the Australia and New Zealand markets. Just exactly what sort of additional support to a small business would you think is necessary? We are obviously particularly interested in procurement, but I would be interested in your view. Sophie Jones: If you are an SME or an independent artist, there is a cost of either going to tour in that territory or market yourself in that territory, particularly in a streaming-led environment where competition is so fierce and you are competing against the whole catalogue of music on streaming platforms.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  37. That was enhanced even further in November 2020, when the UK Government said that the commission would be placed on a full strategy footing, to ensure that the voices of farmers, growers, those in the supply chain and environmental, animal health and welfare groups could be heard while the UK Government were securing trade deals. However, in March 2021, the terms of reference were published by the UK Government, and they stated that TAC would scrutinise free trade agreements once they were signed. That takes the whole point of the commission away from under its feet in many ways. It would work well, was effective and, I think, did perform a useful function—as Nick says, in informing parliamentarians, more than anything else. It has now been somewhat sterilised in some ways. We still need some sort of body to function in that way.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  38. It seems to me pretty obvious that, having left the EU more than six years ago, we should design a parliamentary process, in statute, that actually deals with the fact that we are an independent trading nation doing these very important and often in-depth free trade agreements. The current situation is not designed to do that, and that is being shown up already in the Australian FTA. Jonnie Hall: I completely endorse what Nick says. The Trade and Agriculture Commission was set up with the best intentions, and gave the agricultural industry and probably the whole agrifood sector a bit of encouragement that proper scrutiny would take place as trade deals were being negotiated.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  39. If parliamentarians, as I mentioned earlier, are not given the opportunity to vote on that, or even to debate it during the CRaG process, that clearly seriously undermines the effectiveness of any assessments, whether from the Trade and Agriculture Commission, Select Committees or, indeed, anything else. The scrutiny process and the role of Parliament in this is vital. We still are using the CRaG process as the main process. As I say, I do not think that it has been used at all well in this situation, but that is what we have. That process was designed while we were a member of the EU, and really it did not envisage that free trade agreements like these would be subject to the process; it was for international treaties covering many other sorts of things.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  40. From the NFU’s perspective, I think the strength, or role, of the Trade and Agriculture Commission is as strong or as weak as the parliamentary scrutiny process around it. We look very closely, in considerable depth, at the standards aspects of trade deals, and we have produced two reports that go into some depth on that. The value of that is in providing parliamentarians with as much information as possible, so that they can assess the strengths and weaknesses of the FTA. Obviously, that goes alongside the broader assessments that Select Committees in both Houses make. We hope that, armed with that information, parliamentarians can then an informed decision as to whether they like an FTA or not.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  41. Q The Trade and Agriculture Commission has come up in this conversation a number of times. I hope to explore its role, and possible future role in procurement, in line-by-line scrutiny next week. Could the witnesses describe what they see as the commission’s strength, and what could be done to make it stronger still as a force for scrutinising FTAs? Nick von Westenholz: As I said, I sit on the Trade and Agriculture Commission, but maybe it would be right to say that I am making my comments as a representative of the NFU. Obviously, my role on the commission is as required and set out by the Secretary of State, who asks us to do what she would like us to do and says what she would like us to look at. We do that job as requested, essentially.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  42. Gareth Parry: I wanted to answer the question on the Trade and Agricultural Commission. Forgive me, but I am not 100% sure of the full list of TAC members; however, we have long had the policy that representation on the commission needs to reflect the potential impacts on the agriculture and food sectors across the UK. I emphasise the need for good representation of all nations. I fully agree with what Nick and Jonnie said about the effectiveness of the TAC. As was said, it is no secret that the agricultural sectors in both the countries that we are talking about are huge. There will always be winners and losers in these types of liberalised trade deals, and unfortunately, as we can see from the impact assessments, agriculture is predicted to be one of the sectors that is a significant loser from these deals.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  43. Jonnie Hall: If you look at modern trade deals—deals in the last 20-plus years—agriculture has often been the sacrificial lamb in those trade negotiations, no pun intended, so the expression, “being thrown under the bus”, resonates quite clearly with the agrifood sector. In modern-day economies, it is in digital, tech, manufacturing and finance that great gains are to be made. We are the primary producers of a primary product; when it comes to overall value, agriculture and food products will be relegated to the tail end of a trade agreement between modern economies. If you ask other sectors of the economy, they will probably think that the agreements that have been signed are very much in their interests and create opportunity. We tend to see them in another way.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD

  44. I would just say that if you are doing a trade deal with a country such as Australia or New Zealand—countries that are, particularly when it comes to goods, already almost totally liberalised, and are very big and effective agricultural exporters—agriculture in the UK will probably be the main sector to come under pressure as a result. If you wanted to do a deal, and particularly if you wanted to do it quickly, and wanted it to be liberalising, as was the Government’s intention, I am not sure that you could do it in any way that did not at least have the potential to have a negative impact on UK agriculture, though none of us knows exactly what the outcome of the deals will be in the next few years.

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  45. Q My last question is this. The Government have sold the benefits of the two FTAs as partly being about the huge, new, billion pounds-worth of Government procurement options that will be available. Do you think that that is one of the reasons why farming has been thrown under the bus? Was it that the opportunities in other sectors, such as Government procurement, were so good that they could afford to give so much away to the Australians? Or were there other reasons—inexperience, worries about Brexit and so on—why farming came off so badly? Nick von Westenholz: I would not want to give a long answer; we all have opinions on what happened with the negotiations.

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  46. What is also problematic is that of course it plays both ways. If I am a UK small or medium-sized enterprise and I have to decide whether to invest my limited time and resources in bidding for a contract in Australia or bidding for a contract in, for example, the European Union, I know that, in the European Union, my interests are protected to GPA-plus standards, whereas under the FTA, in Australia, my interests are protected to GPA-minus standards, so I would probably refrain from bidding in Australia, which then brings a big question mark to the practical advantages of the enhanced market access that the Government have claimed the chapter will bring.

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  47. The access to remedies is the one that worries me because under the chapter with Australia, not the one with New Zealand, there is a clause that allows for the exclusion of legal remedies completely on the basis of public interest. That means that, for example, for very high-profile projects, or very high value, the courts might just set aside any claims for a suspension of the procedure or even for the compensation of damages to admit that there has been a loss to be excluded on the grounds that that is not in the national interest. It is a very open-ended clause. I think that this will make tenderers from Australia, in particular, think twice about tendering in the UK now, when they could basically be mistreated or even illegally excluded from tenders and then not have access to legal redress. I think that that can be problematic.

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  48. By the way, that is the approach that has been followed in the EU-UK trade and co-operation agreement, basically because that is a clean legal approach. We agree on the rules, we just negotiate on market access. The difficulties with the chapters in the UK-Australia agreement in particular, and to some extent in the UK-New Zealand agreement, is that they have not done that. They have copied the rules of the GPA and then tweaked them. In those tweaks, there are problematic changes. I have identified two main areas of problem: one is the national treatment rules on access to markets, which applies in particular to suppliers in different jurisdictions, and the other is access to remedies.

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  49. Basically, the starting position is that both the UK and Australia, as well as New Zealand, are members of the World Trade Organisation plurilateral Agreement on Government Procurement. That means that free trade restrictions are already bound by a standard of rules with which they comply, and then they have bilateral agreements on market access. You would have expected that if the UK and Australia wanted to deepen that market access, or the UK and New Zealand wanted to do so, they would do it by adding to the annexes of the GPA, basically by keeping the rules as they are, but accepting that this or that market at national or sub-national level is also open to the tenders of the other jurisdiction.

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  50. Q Thank you very much for being willing to give evidence to us. In the evidence that you gave to the Select Committee on International Trade and the International Agreements Committee in the Lords, as well as some media commentary, I understand that you suggested that the procurement chapters of the Australia deal in particular deviate from the Government procurement agreement. Potentially, there are some aspects of deviation that will undermine the Government procurement arrangement and create legal uncertainty for businesses, and therefore potentially some regulatory chill that might discourage businesses from bidding for Government procurement contracts. Is that right? Could you explain your thinking in a bit more detail? Professor Sanchez-Graells: Yes, that is correct. Thank you for the opportunity to expand on those ideas.

    TRADE (AUSTRALIA AND NEW ZEALAND) BILL (SECOND SITTING) · 2022-10-12 · READ IN HANSARD