The biggest threat to democracy since World War II – and they tried to keep it secret

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Corporate trade a-greed-ment: Notice that this image of the Transatlantic Trade and Investment Partnership has mighty corporations straddling the Atlantic while the ‘little’ people – the populations they are treading on – are nowhere to be seen. [Picture: FT]

The Transatlantic Trade and Investment Partnership is bitter pill for anyone to swallow, if they have spent any time defending Britain’s membership of the European Union.

The partnership between the EU and the United States would open America to the kind of free trade deals that have been going on in Europe ever since the original Economic Community was formed – but there is a problem.

It isn’t a problem for businesses; they are in line to get a deal better than anything ever experienced in the world of trade. Citizens and national governments, on the other hand – you, me, and the people who represent us – will be railroaded.

This is because the agreement includes a device called ‘investor-state dispute settlement’, which allows corporate entities to sue governments, overruling domestic courts and the will of Parliaments.

In other words, this could be the biggest threat to democracy since World War II.

In the UK, it could be used by shale mining companies to ensure that the government could not keep them out of protected areas, by banks fighting financial regulation, and by cigarette companies fighting the imposition of plain packaging for cigarettes. How do we know? Because these things are already happening elsewhere in the world.

If a product had been banned by a country’s regulators, the manufacturer will be able to sue them, forcing that state to pay compensation or let the product in – even if this undermines health and safety laws in that country.

It seems that domestic courts are deemed likely to be biased or lack independence, but nobody has explained why they think the secretive arbitration panels composed of corporate lawyers will be impartial. Common sense says they’ll rule for the profit, every time.

Now ask yourself a question: Have you ever heard about this?

Chances are that you haven’t – unless you have read articles by George Monbiot (one in The Guardian this week prompted this piece) or have insider knowledge.

The European Commission has done its utmost to keep the issue from becoming public knowledge. Negotiations on the trade and investment partnership have involved 119 behind-closed-doors meetings with corporations and their lobbyists (please note that last point, all you supporters of the government’s so-called Transparency of Lobbying Bill), and just eight with civil society groups. Now that concerned citizens have started to publicise the facts, the Commission has apparently worked out a way to calm us down with a “dedicated communications operation” to “manage stakeholders, social media and transparency” by claiming that the deal is about “delivering growth and jobs” and will not “undermine regulation and existing levels of protection in areas like health, safety and the environment” – meaning it will do precisely the opposite.

Your Coalition government appears to be all for it. Kenneth Clarke reckons it is “Scrooge-like” to inflate concerns about investor protection and ignore the potential economic gains – but if the US-Korea Free Trade Agreement is any yardstick, exports will drop and thousands of jobs will be lost.

Green MP Caroline Lucas has published an early day motion on the issue – signed by a total of seven fellow Parliamentarians so far.

Labour MEPs are doing their best to cut the ‘investor-state dispute settlement’ out of the agreement, but they are fighting a lonely battle against the massed forces of greed.

So now ask yourself a second question: Why is the European Commission lying to Britain when we are already halfway out of the door?

Britain is not happy with the European Union or its place within that organisation. People think too much of their national sovereignty – their country’s freedom to do what it wants – is being stripped away by faceless bureaucrats who do not have the best interests of the population at heart. Now the European Commission is trying to foist this upon us.

For Eurosceptics in Parliament – of all political hues – this is a gift. For those of us who accept that we are better off in Europe – as it is currently constituted and without the new trade agreement – it is a poisoned pill.

Are we being pushed into a position where we have to choose between two evils that could have been avoided, if only our leaders had had an ounce of political will and an inch of backbone?

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