Briefing note: CPTPP Bill report stage - The Nuffield Trust is an impartial think tank which tries to improve health through policy

For example, it has been suggested that investors may be able to challenge controls on the import of food and drinks that contain certain potentially harmful substances, on the grounds that they reduce the value of their assets.5 This concept of “indirect expropriation” could carry a similar requirement to pay compensation.6 Other scenarios posited include limitations on the ability to regulate ag. [...] A notable case of the latter is Phillip Morris Asia’s eventually unsuccessful, but expensive, dispute with the Australian government under an investment agreement between Australia and Hong Kong.8 Investor-State Dispute Settlement The inclusion of investor-state dispute settlement (ISDS) is the main reason why these parts of the investment chapter of the CPTPP may pose a risk. [...] Do Ministers still believe this will be a risk with the UK’s accession to the CPTPP? • Can the government guarantee that regulation in the interest of public health will never be at risk of being interpreted as “indirect expropriation” under the CPTPP? • Is the government concerned that accession to the CPTPP might make it more difficult to renationalise certain healthcare services in the future?. [...] Questions for further scrutiny by Members of Parliament • What measures will the UK be taking in line with its commitment to seek changes to the European Patent Convention? What would be the cost implications of this for the NHS? • Do Ministers see the currently inactive provisions of Annex 26-A’s limiting the way medicine prices can be controlled as a possible risk in any future negotiation over. [...] Is procurement for health and care in the UK covered by the CPTPP? The UK’s annex 15 to the CPTPP uses a ‘positive list’ approach, meaning that an entity must be explicitly mentioned in the annex to fall under the CPTPP’s rules on procurement.