The Trade Deal You’ve Never Heard of

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Have you heard of the Transatlantic Trade and Investment Partnership? Don’t feel guilty if you haven’t 95% of people haven’t, thanks to lazy media, especially the BBC.

It’s a deal being negotiated in great secrecy between the European Union and the USA. It’s about removing ‘non-tariff barriers to trade’, that is corporations want governments to drop any regulations that in any way reduces their profits. Never mind that European environmental and safety standards would be slashed. Never mind that privatisation of the health service would accelerate resulting in a costlier and lower standard of care. Never mind that US financial regulation which could prevent another crash, would have to be scrapped.

Although the terms of the deal are a closely guarded secret, what is known is that although most European nations are opting out of the healthcare provisions – so they would be able to resist inappropriate privatisation –the UK government is welcoming it; it seems the last thing they want is value for money in health provision. They want an excuse to abandon the principle that healthcare is free at the point of use.

The other unacceptable feature of the deal is ‘Investor State Dispute Settlement’ (ISDS). Corporations can sue governments for alleged breaches of the agreement in secret arbitration panels made up of lawyers, paid by the hour, who are either corporate lawyers or have been. Only corporations can bring these cases, not governments. There is no appeal against the judgement and even if the government wins it pays the costs.

ISDS is not a new concept. The UK has around 94 bilateral agreements with smaller countries (in Kipling’s words ‘lesser breeds without the law’). in which this demonstrably unfair principle applies. Each case costs each side side an average of just under £5 million to fight. If the state loses, it can be forced to pay much more. For example, US company Occidental Petroleum was awarded compensation of over a billion pounds as a result of its claim against Ecuador. This presumably is why Americans and European governments are too embarrassed to come out and say they got it wrong.

In answer to a letter from one of his constituents Richard Drax MP wrote,

“In relation to Investor State Dispute Settlement (ISDS), please be assured that investor protection has long been used in the UK’s international investment treaties. Its purpose is to protect businesses investing abroad against discrimination and unfair treatment, not to allow large corporations to undermine public policymaking. Only two ISDS cases have been brought against the British government and the government has won both of them…” Yer right – that’s because the British government gives way before the matter goes to arbitration.

Drax goes onto say,

“To address people’s concerns, the EU Commission consulted with the public on its position on ISDS in the negotiations. [did you hear about this?] The aim of this was to build a transparent and efficient investor state resolution system and make clear that ISDS will only apply to breaches of investment protection provisions [i.e. most disputes] and to no other part of the TTIP. On account of high interest the consultation was extended and I am pleased the public were able to respond with their views…” [and was a blind bit of notice taken of these views?]

Drax writes,

“Transparency is important and while some aspects of the on-going negotiations must be kept confidential so the best possible deal for our economy, workers and consumers can be reached, I have been assured that the Government continues to raise the importance of transparency with the European Commission, which is conducting negotiations on behalf of the EU and its member states. [and Manuel Barroso has a good laugh about it and the subject is dropped.]

And finally,

“The Government is also hosting regular meetings with organisations representing those with a particular interest in the deal [i.e. corporate lobbyists]. These meetings are held frequently to inform the Government’s approach to the negotiations. [i.e. so government can receive its orders from corporations].”

I would not mind betting that every coalition MP uses the exact same words. The speed of Drax’s response gives you one clue. And it would be interesting to know whether Labour MPs say anything much different.

The trouble is that for many, if it’s not endlessly repeated on the beeb or plastered over the tabloids, it’s not news, and not to be heeded. Last Saturday seven of us were in Weymouth town centre and there were many others throughout Dorset, handing out leaflets, and asking people to sign petitions. Most people would not even take our very simple leaflet. People get the government they deserve!

David Smith 

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