To ask the Secretary of State for Business, Innovation and Skills, whether the Government has conducted an (a) impact and (b) risk assessment of the potential effect of the investor protection clause of the (i) Transatlantic Trade and Investment Partnership and (ii) EU Canada Comprehensive Economic and Trade Agreement on the services and regulations devolved to the Scottish Government; and if he will place copies of any such assessment in the Library.
6 April 2016
The Department for Business, Innovation and Skills commissioned research into the costs and benefits for the UK of the inclusion of investment protection provisions in the EU-US Transatlantic Trade and Investment Partnership (TTIP). This was published on 22 November 2013 and copies placed in the House libraries.
The investment protection provisions in the EU-Canada Comprehensive Economic and Trade Agreement (CETA) and any such provisions included in TTIP will not prevent Governments from regulating responsibly in the public interest, nor from delivering public services, including such services and regulations that are devolved to the Scottish Government. A claim can only be made under the Investor-State Dispute Settlement (ISDS) provisions where an investor believes it has suffered from discriminatory or unfair treatment. ISDS tribunals can typically only award compensation and cannot force governments to change laws or public service delivery models. The UK currently has over 90 investment protection agreements with other countries. There has been no successful action against the UK in respect of any of these agreements.