Lord Foulkes: Supplementary Question on the Transatlantic Trade and Investment Partnership
Asked by Baroness Falkner of Margravine
To ask Her Majesty’s Government what discussions they have had with other European Union member states about investor-state dispute settlement, in relation to the Transatlantic Trade and Investment Partnership.
The Minister of State, Department for Business, Innovation and Skills & Foreign and Commonwealth Office (Lord Livingston of Parkhead) (Con): My Lords, the Government have ongoing discussions on investor-state dispute settlement provisions in the Transatlantic Trade and Investment Partnership, TTIP, with EU member states, the European Commission, MEPs and other stakeholders. We want investment protection provisions that guarantee the right of Governments to legislate in the public interest while ensuring access to justice for investors who are discriminated against or treated unfairly.
Baroness Falkner of Margravine (LD): My Lords, I belatedly welcome my noble friend to the Dispatch Box. I think that this is my first interaction with him. He will know that in the past 15 years 1,400 investor protection agreements have been agreed by EU member states. In 2012, 60% of them were brought by the EU states alone and only 7.7% by the US. Therefore, it is very depressing to see that it looks like there may be a real backlash against ISDS. What discussions is my noble friend having with the Commission, which has now split the responsibility for this between the vice-president and the commissioner. Indeed, what are the UK Government doing to assure the public that state regulation for the public good will be exempted from this safeguard and that it will be a very good thing for the UK as part of TTIP?
Lord Livingston of Parkhead: My noble friend is entirely correct that investor-state dispute settlement provisions have existed for a long time. There are a great number of them and, to the extent that they are used, they are often used by the EU and not by US corporations. We are having detailed discussions not just with other member states and the Commission but with MEPs. I had the joy of two days in Brussels just last week discussing such matters. We are also engaging NGOs—I am meeting a number of them and other interest groups—and we continue to make the clear case that we will ensure that the UK’s interests and public services are protected in all such discussions.
Lord Foulkes of Cumnock (Lab): My Lords, does the Minister accept that there is genuine concern that if there is private investment from overseas in our health service and then an incoming Labour Government want to restore it into public financial control, there could be seriously high claims against us which would cause great difficulties? What is being done to ensure that that kind of claim does not cause great difficulties for the NHS in future?
Lord Livingston of Parkhead: I can assure the noble Lord that such claims would not arise because of TTIP, although there may be contractual claims which are a matter of domestic law. CETA, which was mentioned earlier, states: “The EU reserves the right to adopt or maintain any measure with regard to the provision of all health services which receive public funding or State support in any form”.
It is quite clear that the decision about how these services are provided is a matter for national and, in the case of the UK, commissioning authorities. It is not going to be decided by TTIP or, indeed, any other trade agreement.
Source: http://www.publications.parliament.uk/pa/ld201415/ldhansrd/text/141118-0001.htm#14111852000316
*Please note that Lord Foulkes’ question came after several other supplementary questions. For a full version of the short debate, please click the link above.
Lord George Foulkes of Cumnock 