I share my hon. Friend’s opinion. He aired it during consideration of the Trade Bill a couple of years ago and I hope he might be willing to air it in this Bill’s Committee.
There is little sign either of a plan to ensure that this Bill helps CPTPP accession boost trade in the nations and regions of the UK. The Resolution Foundation published analysis last week showing that, despite all the promises of levelling up, more than 50% of services exports are concentrated in just one region of the UK. Ministers have never been interested in tackling those huge imbalances. Labour Members all remember the broken promises on trade: the “oven ready” Brexit deal; levelling up through trade; and 80% of the world being covered by new trade agreements. One by one, each of those promises that the Conservative party made to the British people have been broken.
No one outside Conservative circles will be surprised that this Bill is not going to lead to a huge boost to economic growth any time soon. The negotiations to join CPTPP were led by the same people who gave Australian farmers everything they wanted, by the same Ministers who boasted about a trade deal with Japan that will help their exporters four times more than ours and which has been championed by the very same Ministers who negotiated a trade treaty with Europe that has hiked up trade barriers, increased the cost of food and generated huge bureaucracy for business.
On the arrangements for scrutiny of this Bill, one would have hoped that Ministers would have learned lessons from previous trade Bills this House has considered, and that scrutiny arrangements before and after negotiations might have improved. We have, at least, not had the spectacle of Trade Ministers at war for a little while or
of their failing to turn up to a Select Committee to answer basic questions about trade agreements. I appreciate that Lord Frost is not quite so popular any longer, but when even he can lament, when debating this very Bill in the other place, that scrutiny of trade agreements was better when we were in the European Union, there is clearly some way to go.
That is all the more the case because Ministers appear to be using this Bill to solve an apparent problem with intellectual property treaty rules, which may or may not be linked to CPTPP—the Minister in the Lords did not seem too clear on that; a mere two weeks ago, and only after pressure in the other place, Ministers rushed out a consultation document on this provision of the Bill, which is contained in clause 5 and potentially gives American and other overseas businesses huge sums that would otherwise have helped emerging British artistic talent. That consultation will not be finished until 11 March, and there is absolutely no clue as to when Ministers might have finished considering the responses and deigned to let us all have their thoughts on the way forward.
During bilateral trade negotiations, the Government were widely accused of giving in to the demands of Australian negotiators far too easily, creating dangerous precedents for those wanting to get access to our agricultural markets through other trade deals. It appears that Ministers are in danger of doing something similar with the copyright provisions in this Bill: giving away, when there appears to be no reason to do so, extra rights to receive payments to foreign performers—for example, those in America, which is cited in the consultation document and is not currently a member of CPTPP. That would reduce the earnings of our artists and our businesses here, which could hold back the development of the next generation of British musicians and artists.
Industry figures argue that there is nothing in CPTPP to justify the need to give foreign rights holders and performers payments where they do not currently receive them. If Ministers think those industry voices are wrong, I look forward to the Minister for Trade Policy spelling out, when he winds up, what specifically in CPTPP requires the change. Nothing in the trade deals with Australia or Japan, despite both of them being CPTPP members, required such a legal change then, so why do we need this now? It looks like Ministers are trying to sneak through changes to rules that are, at best, only loosely related to CPTPP by using this legislation instead of a separate and proper process and debate about why such changes are needed.
In winding up the debate, will the Minister explain to the House why changes to the way in which foreign record labels and recording artists qualify for payment rights—changes which, let us be clear, could cost British artists more than £100 million over the next decade, according to the Government’s own figures—are necessary now?
In Committee, we will also want to explore why Ministers have not sought exemptions to the ISDS provisions in the CPTPP as our allies in Australia and New Zealand have done, and as Canada did with the US during the United States-Mexico-Canada agreement negotiations. It is all the more surprising as Ministers were specifically trying to avoid ISDS provisions in the now collapsed UK-Canada FTA negotiations.
There has been a significant increase in legal disputes using ISDS provisions, and a series of cases have had a chilling impact on a range of progressive public policies on environmental issues, labour standards and public services We are yet to hear a convincing explanation from Ministers as to why ISDS is still needed—a point that the hon. Member for Totnes (Anthony Mangnall) referenced in relation to the Select Committee meeting next week.