The hon. Gentleman makes a perfectly sound point. That is why my amendment does not say that we should not join the CPTPP, or that we should disallow it for those purposes. It would require the Secretary of State to lay before Parliament a monitoring report on the level of unsustainable palm oil and forest products that are entering this country before we join the CPTPP, and to report regularly on those imports. If and when this House, or Ministers themselves, believe that action is needed, the data will be there to prove it. If we do not collect that data, we will not know, and we will be blind to the problem.
The same is true of our obligations on climate change and biodiversity. Personally, I would prefer a stronger environmental section in the Bill, but it is what it is. However, it should be noted that 119 pesticides that are permitted in CPTPP countries are not permitted in this country, 56 of which are considered to be highly harmful to human beings. Yes, we have standards for food, but there are no production standards, and there are no
standards for pesticides that are not food-based. The problems with some of those pesticides—the killing of bees and other wildlife—are not just about human consumption: sometimes, those pesticides are banned not because they harm human beings, but because they harm the fauna and flora around us. When we import goods that contain them, they can enter the food chain; even worse, they can enter the animal food chain, which is not regulated by the same food standards and therefore causes huge problems. We need Government oversight of those points to ensure that we do not end up damaging some of our crops through pesticides that we ourselves have banned.
Turning to new clause 3, I am particularly concerned about ISDS. At long last, the Government have agreed that we should withdraw from the energy charter treaty, primarily because in a changing world, we need to make changes to our energy policy to make it more green. Our continual inclusion in the energy charter treaty would bind us to ISDS agreements, which we have seen targeted at a number of European states that have made moves to increase their environmentally friendly sources of energy. That is now a danger to us: even though we have not lost an ISDS case, it is a danger to our future and to policymaking. If we have made that case for energy, I think the same case could be made for almost all our arrangements.
It is useful to note that our agreements with Australia, New Zealand and Japan—all of which are part of the CPTPP—did not include ISDS. In fact, the agreement with Japan included a clause to say that we would not enact ISDS unless we signed or entered into another agreement that includes it, so the very fact that this agreement includes ISDS triggers a number of ISDS courts in other agreements that we have signed, which I think is risky and dangerous. We need a report on the risks that ISDS poses to the UK, because we could have rogue investors who end up taking us to court even if it is against the national interest of the two respective states. Of course, citizens cannot access ISDS—it is not a global court where citizens who have been harmed can seek redress from a Government. Only corporations that have invested in a particular country can do so.
ISDS actually means that corporations that invest into Britain from outside have higher protections than a British corporation that invests in plants here. I think it is totally wrong that a British corporation is more vulnerable to changing policy than a foreign one. It should be a level playing field, but at the moment, a British corporation that has invested here has no recourse to ISDS if policy changes in Britain, but corporations from outside do—the Minister is frowning a bit, so I was just trying to explain the difference. There is also a well recorded chilling effect from ISDS that we must be particularly aware of.
Fundamentally—again, I go back to the thing that we are not meant to mention—under the European Union, at least there were open courts to which we appointed judges. ISDS means secret tribunals that do not always have British judges, so there is a problem there. If we are meant to be taking back control, surely we should be taking power away from secret courts and allowing sunlight to be the justice that we seek.
Apart from the matters covered by the two new clauses I have tabled, I think this treaty is a step in the right direction. We should support it, but I wish the
Government had negotiated as well as New Zealand and other countries that sought and won protections that, I am afraid, our Ministers failed to even bother seeking.
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