A trade deal that allows corporations to sue governments is not about "recovery"

The proposed US-EU partnership is likely to strip away rules that protect health and the environment.

An antidote to austerity has finally been discovered. It involves breaking down the "barriers" between two of the world's economic powerhouses: Europe and the United States.

That is the spin being put on a planned trans-Atlantic "trade and investment partnership" (TTIP, for short). Supporters of the proposed deal contend it will help usher in a recovery.

Months before talks between the EU and US got underway in July, the European commissioner for trade Karel de Gucht said they would lead to "the cheapest stimulus package you can imagine". The delightfully-named Myron Brilliant from the US Chamber of Commerce dreams of a "more robust" commercial relationship because neither side will "emerge from the financial crisis through austerity alone". BusinessEurope, an alliance of employers' groups, believes TTIP will provide a "fantastic opportunity" to "generate the jobs and growth we need to turn our economies around" [PDF].

Funnily, nobody has a clear idea of just how beneficial the "partnership" will be. The Washington Post recently carried a blog post forecasting that it would boost EU-US trade by $180 billion each year. Yet that figure did not appear in the source cited by The Post - a 2010 study [PDF] partly financed by the aforementioned US Chamber of Commerce.

Hyping up TTIP as a rescue remedy is, no doubt, a deliberate ploy to divert attention from its real objective of binning regulations that are essential for protecting health and the environment.

The goal of a trans-Atlantic trade pact was first mooted by Leon Brittan, then the EU's trade commissioner, in 1995. Though the goal hasn't captured the public imagination for the past 18 years, representatives of some of the world's top companies have been working quietly towards realising it.

The Transatlantic Business Council (TABC), for example, brings together British American Tobacco, IBM, BP, Pfizer, Deutsche Bank and Nasdaq.  Under the "partnership", it wants new laws to undergo mandatory assessments of their likely impact on trans-Atlantic trade [PDF]. At first glance, this may appear technical and innocuous. Yet the idea of mandatory impact assessment was pioneered by cigarette-makers during the 1990s in a bid to stave off anti-smoking measures.

Big Tobacco's fingerprints smudge quite a few of the initiatives that paved the way for the trans-Atlantic talks. From 2007 until 2012, the Brussels office of the Trans Atlantic Business Dialogue (as the TABC was then known) was headed by Jeffries Briginshaw, who had previously spent 14 years with British American Tobacco. Briginshaw is now the managing director of BritishAmerican Business, a London-based outfit that has threatened to stage a "road show" [PDF] promoting the trade deal to the public.

It is not hard to see the attraction of the planned deal for the cigarette industry. The European Commission is committed to having a clause in it that will allow corporations to sue governments over laws that constitute a "barrier" to their activities in a specialised court. The history of arbitration panels resulting from trade liberalisation agreements is that they are headed by pro-corporate lawyers, not impartial judges. Last year, the World Trade Organisation ruled that the US would have to lift its ban on clove-flavoured cigarettes,  which have been designed to entice teenagers. Shielding the young from sweetened carcinogens is not permissible, according to the zealots of the "free market".

Culture is the only significant topic that has been removed from the scope of the negotiations so far. France has rightly been adamant that it be allowed maintain quotas to prevent its film-makers being buried under an avalanche of Hollywood dross. 

Otherwise, the European negotiators seem to be eager that this continent be transformed into a carbon copy of America. Brussels officials have committed themselves to revisiting - code for "weakening" - their food safety standards [PDF]. This will, no doubt, cheer up Monsanto, which has become increasingly frustrated with hippy parents like me, who would prefer not to feed genetically modified vegetables to our kids.

In some respects, the EU side may be even more eager to please corporate interests than the Americans. Michel Barnier, Europe's commissioner for the single market, has insisted that financial services should be up for discussion, despite signals that the US wants them excluded.

Rules on banks have been relaxed in the not so distant past. And we know what the consequences were: a global crisis. We are still living with the effects of that crisis, so why does the EU elite want history to repeat itself?

Far from prescribing an antidote to austerity, a trade deal could perpetuate the shock therapy now being administered.

David Cronin's book "Corporate Europe: How Big Business Sets Policies on Food, Climate and War" will be published by Pluto in August

Follow him on Twitter @dvcronin

Tobacco manufacturers and other corporations have been pushing for a trans-Atlantic trade pact. (Photo: Getty.)
Photo: Getty
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Forget planning for no deal. The government isn't really planning for Brexit at all

The British government is simply not in a position to handle life after the EU.

No deal is better than a bad deal? That phrase has essentially vanished from Theresa May’s lips since the loss of her parliamentary majority in June, but it lives on in the minds of her boosters in the commentariat and the most committed parts of the Brexit press. In fact, they have a new meme: criticising the civil service and ministers who backed a Remain vote for “not preparing” for a no deal Brexit.

Leaving without a deal would mean, among other things, dropping out of the Open Skies agreement which allows British aeroplanes to fly to the United States and European Union. It would lead very quickly to food shortages and also mean that radioactive isotopes, used among other things for cancer treatment, wouldn’t be able to cross into the UK anymore. “Planning for no deal” actually means “making a deal”.  (Where the Brexit elite may have a point is that the consequences of no deal are sufficiently disruptive on both sides that the British government shouldn’t  worry too much about the two-year time frame set out in Article 50, as both sides have too big an incentive to always agree to extra time. I don’t think this is likely for political reasons but there is a good economic case for it.)

For the most part, you can’t really plan for no deal. There are however some things the government could prepare for. They could, for instance, start hiring additional staff for customs checks and investing in a bigger IT system to be able to handle the increased volume of work that would need to take place at the British border. It would need to begin issuing compulsory purchases to build new customs posts at ports, particularly along the 300-mile stretch of the Irish border – where Northern Ireland, outside the European Union, would immediately have a hard border with the Republic of Ireland, which would remain inside the bloc. But as Newsnight’s Christopher Cook details, the government is doing none of these things.

Now, in a way, you might say that this is a good decision on the government’s part. Frankly, these measures would only be about as useful as doing your seatbelt up before driving off the Grand Canyon. Buying up land and properties along the Irish border has the potential to cause political headaches that neither the British nor Irish governments need. However, as Cook notes, much of the government’s negotiating strategy seems to be based around convincing the EU27 that the United Kingdom might actually walk away without a deal, so not making even these inadequate plans makes a mockery of their own strategy. 

But the frothing about preparing for “no deal” ignores a far bigger problem: the government isn’t really preparing for any deal, and certainly not the one envisaged in May’s Lancaster House speech, where she set out the terms of Britain’s Brexit negotiations, or in her letter to the EU27 triggering Article 50. Just to reiterate: the government’s proposal is that the United Kingdom will leave both the single market and the customs union. Its regulations will no longer be set or enforced by the European Court of Justice or related bodies.

That means that, when Britain leaves the EU, it will need, at a minimum: to beef up the number of staff, the quality of its computer systems and the amount of physical space given over to customs checks and other assorted border work. It will need to hire its own food and standards inspectors to travel the globe checking the quality of products exported to the United Kingdom. It will need to increase the size of its own regulatory bodies.

The Foreign Office is doing some good and important work on preparing Britain’s re-entry into the World Trade Organisation as a nation with its own set of tariffs. But across the government, the level of preparation is simply not where it should be.

And all that’s assuming that May gets exactly what she wants. It’s not that the government isn’t preparing for no deal, or isn’t preparing for a bad deal. It can’t even be said to be preparing for what it believes is a great deal. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.