PARLIAMENTARY DEBATE
Steel Safeguards - 29 June 2022 (Commons/Commons Chamber)
Debate Detail
A strategic steel industry is of the utmost importance to the UK, especially given the uncertain geopolitical and economic waters that we are all charting. Trade remedies are one of the ways that Government can protect their businesses. Trade remedies tackle issues of dumping, unfair Government subsidies or, as in the case of safeguards, give businesses time to adjust to unforeseen increases in imports.
When we left the EU, the UK rolled over the relevant trade remedies that were already in place. That included safeguards on 19 different categories of steel imported into the UK from the rest of the world. Last year, the Trade Remedies Authority reviewed those measures and recommended keeping the safeguard on 10 categories of steel and removing it on nine. On 30 June 2021, the Government announced that they would extend the safeguard, as recommended by the TRA, on 10 product categories of steel for three years and remove it on four of the remaining nine, but that they would extend the safeguard for one year on five categories of steel to allow further time to review them.
In March this year, we passed legislation to allow the Government to take responsibility for the conduct of transitional reviews and reconsiderations of any transitional review. In March, I called in the reconsideration of the steel safeguards with the new authority. The TRA has since completed additional analysis for my consideration. I have considered its report and findings and have concluded that there would be serious injury, or the threat of serious injury, to UK steel producers if the safeguards on the five additional categories of steel were to be removed at this time.
Given the broader national interest and significance of this strategic UK industry and the global disruptions to energy markets and supply chains that the UK faces, we have concluded that it is in the UK’s economic interest to maintain these safeguards to reduce the risk of material harm if they are not maintained. I am therefore extending the measure on the five steel categories for a further two years until 30 June 2024, alongside the other 10 categories. That means that the safeguard will remain in place on all 15 categories, updated from 1 July to reflect recent trade flows.
The Government wish to make it clear to Parliament that the decision to extend the safeguards on the five product categories departs from our international legal obligations under the relevant World Trade Organisation agreement as it relates to the five product categories. However, from time to time, issues may arise in which the national interest requires action to be taken that may be in tension with normal rules or procedures.
The Government have therefore actively engaged with interested parties—including those outside the UK—on the future of the UK safeguard, and have listened to the concerns raised, including the needs of the many thousands of people employed throughout our downstream steel industry, who play a vital role in the economic life of the UK. Throughout the investigation, downstream users of steel have raised concerns about difficulties in sourcing some steel products in the UK, particularly those classified under category 12. I have listened to those concerns and am acting to protect this vital part of the economy by increasing the tariff rate quota on category 12A to ensure that it better reflects trade flows.
The Government have also decided to suspend the safeguard measure for steel goods coming from Ukraine for the next two years. The Government are clear that we will do everything in our power to support Ukraine’s brave fight against Russia’s unprovoked and illegal invasion and to ensure long-term security, prosperity and the maintenance of the world order from which we all benefit. The Government have already removed all tariffs under the UK-Ukraine free trade agreement to zero to support Ukraine’s economy. This decision means that Ukrainian steel will not be subject to the additional safeguard quotas and duty.
These are unusual times. The aftershocks of the gravest pandemic have combined with the biggest war in Europe since 1945, the spike in energy costs is creating huge stresses on manufacturing, global steel markets are facing persistent overcapacity, and the TRA’s findings provide clear evidence of serious injury or the threat of serious injury to our UK producers. The Government have a duty to use our democratic mandate to the greatest possible effect to protect the interests of the British people and provide leadership in these challenging times. On balance, we have therefore decided that it is in the vital public interest that the Government act to protect the steel sector, which is why we have taken these steps.
We believe that our approach is in the public interest. The decision has been taken collectively and with reference to the ministerial code, noting the conflict that I have outlined. It has been a finely balanced decision. Steel is a vital industry for the UK and is in constant use in our everyday lives, but the global position for steel production is challenging. The use of unfair subsidies contributes to global overcapacity, putting domestic industries at risk around the world, so the measures that I am announcing today will further support our steel industry and those who work in it. They come on the back of the Government’s having secured an expansive removal of section 232 tariffs on imports of UK steel and aluminium products into the USA, which came into effect earlier this month. The tariff-free volumes that we have secured mean that UK steel and aluminium exports to the US can return to levels not seen since before 2018.
It is important to remember that safeguards are a temporary, short-term measure. We will continue to work with international partners, alongside other Departments, to support our domestic steel sector for the long term. I hope that the House will support the Government’s stance in defending our strategically important steel sector. I commend this statement to the House.
Labour backs our steel communities up and down the country. Our steel sector is foundational for our economy; we must support it, now and as we transition to net zero. However, it is regrettable that resolution of the issue has once again gone to the eleventh hour, just as it did when the present Foreign Secretary extended the safeguards last year, and that the Secretary of State did not even attend the Select Committee this morning to face scrutiny.
Labour has called on the Secretary of State to extend the safeguards, but also to change the law in advance of this latest decision. When the same safeguards were extended last year, Labour called on the Government to introduce emergency legislation, which we would have supported, so that the national interest could be invoked by Ministers in relation to Trade Remedies Authority advice. It is too weighted towards the interests of importers rather than those of domestic industry, and too narrow in scope in that it does not give sufficient weight to issues such as regional employment and support for nationally important industries, and, indeed, the international context for these safeguarding decisions. The United States and the European Union have such measures, and in the case of the EU, the World Trade Organisation has not found the extension of the safeguards to be in breach of its rules. In short, if there is to be a challenge at the WTO, it will be a mess entirely of the Government’s own making.
Although, of course, I thank the Trade Remedies Authority for its work, there are still issues with its framework.
Ministers appeared to agree with Labour’s analysis when, a year ago, the Government announced a wider review of the Trade Remedies Authority framework “as an urgent priority”, in the words of the then International Trade Secretary—the present Foreign Secretary, the right hon. Member for South West Norfolk (Elizabeth Truss). Well, it has not been a priority for Ministers. That review has disappeared into the long grass, leaving the country in the position we are in today. Had the review been completed, with wider factors eligible for consideration by the TRA, the Secretary of State would be in a much stronger position, just like other major economies that have steel tariffs in place and have had no problems at the WTO. Ministers knew that this issue of extending the safeguards was coming, but they did not plan for it properly, either in terms of our domestic law or internationally, by working with those countries that have extended safeguards without any problems.
Let me also put on record that the last-minute rush to extend safeguards in no way makes up for the shortcomings in support for the steel industry from this Government, and that Labour has set out plans to secure the industry’s future for years to come by investing £3 billion in the transition to net zero over the next 10 years.
May I ask the Secretary of State when that wider review of the Trade Remedies Authority framework will be completed? May I also ask whether she intends to introduce further legislation once the review is completed? Will she publish all the TRA papers relating to this decision, and will she tell us what lessons have been learned from the WTO ruling on the EU safeguards that have been extended? Finally, can she reassure steelworkers and their families that the framework will have been fully reformed before this matter is considered again?
The right hon. Gentleman made an interesting point about the EU’s choice to maintain the safeguards after it was found not to be in breach of the rules. I was unable to be present at the Select Committee this morning—frustratingly—because I was indeed dealing with the international part of these processes as much I could. I will continue to do so over the next few days in order to ensure that our WTO partners and friends understand the reasons for my decision, which I am pleased to hear is supported by the right hon. Gentleman and the Labour party. Obviously we stand ready to take up any concerns that WTO members may have about the decision, but I am certain that it is the right decision, enabling us to avoid as much harm or risk of injury to our steel producers as we can.
The TRA, as an independent organisation, has done an excellent job in examining the challenges faced by the industry. It is also working apace on many issues brought to it by British companies that have concerns, and I am pleased to see it up and running on a daily basis. I meet its representatives regularly, but its submissions to me are made independently, which allows me to make my decisions more broadly.
I am not going to repeat the question asked of the Deputy Prime Minister at PMQs today, but could the reason that the Secretary of State is sitting here be that she has managed to avoid scrutiny in the International Trade Committee? The House has known for weeks that the deadline for renewing steel safeguards is tomorrow. Why have the Government waited until the dying hours of this timeline before coming to the House with a decision? This does not paint a picture of a long-term organisation and strategy that is working well within the Department for International Trade. In the light of this move, and of the prospect of retaliatory tariffs from those countries I have already mentioned, the Government must now move fast to ensure that the UK can improve the level of steel exports to the EU to make up for this. Is the Department for International Trade formulating a plan to increase steel exports to EU markets? Finally, can I ask the Secretary of State if she is going to speak to the Secretary of State for Business, Energy and Industrial Strategy and look at the price of making steel in this country? That issue has been going on as long as I have been here—seven years—and even before that.
The TRA is an independent organisation, and the Government use our powers to ask for investigations. I use the information the TRA gives me to make determinations, on the Government’s behalf, on what we should do. That will continue to be the case, and I am grateful to the TRA for its work. The TRA team’s investigations are extremely thorough, and in this case it was very comfortable in presenting to me the indications of serious injury or potential for serious injury. I am completely satisfied that the TRA has, indeed, undertaken its responsibilities very effectively in this case.
Where there are domestic issues—in this case, a surge of imports alongside the need for our steel industry to find its place after leaving the European Union—the safeguards can run for only a further two years. The safeguards are temporary, which is why we will continue to work with the steel industry across the country to make sure we support it to find solutions, especially to the challenge of high energy use and the clean steel transformation we want to see. As my hon. and right hon. Friends have stated, the reality is that every part of our economy contains steel, so we want to make sure that future generations use clean steel.
I am the Chairman of the Committees on Arms Export Controls, which have a similar problem with the Department for International Trade. We have to work hard to make sure these relationships work well. Parliamentary scrutiny is important, and we need to make sure we are demonstrably getting it right.
I note that my hon. Friend and other members of the Committee have raised some issues between the Committee and some of my team. We continue to work to resolve those issues and to provide information, at every opportunity, in as timely a manner as possible within the confines of market sensitivity.
The right hon. Gentleman is right that, as part of the 10-point plan set out by the Prime Minister back in 2020 and the work the Government have continued to do to be at the forefront of solving some of the net zero challenges, of which steel is at the heart of so many, the Government will continue to work with the industry to find long-term solutions both through technological change and through developing clean steel. Hydrogen and other potential energy solutions are currently part of that mix.
We have invited the Secretary of State to come before the International Trade Committee eight times to discuss the Australia free trade agreement. She says she could not appear this morning, which I accept, but guess what? We are seeing the TRA this afternoon. Why does she not join us to discuss the Australia agreement and these measures in full? There must be parliamentary scrutiny, but we are not having it. When we come to it, I urge all colleagues to reject the Australia free trade agreement and to extend the Constitutional Reform and Governance Act 2010 process for a further 21 days.
May I, further, press my right hon. Friend on the point in her statement that this decision has been taken with reference to the ministerial code? Given the comments in Lord Geidt’s resignation letter, will she please confirm that this decision is not just “with reference to” the ministerial code but “compliant with” it?
To my hon. Friend’s point, these measures are only temporary and can last only a further two years, so the challenges of solving some of the big structural questions are closer to us than ever before—they are not getting further away. We will continue to work closely with the industry, so that, as these safeguards fall away in due course, we support it to move towards becoming the modern steel industry we all need.
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