I beg to move amendment 3, in clause 4, page 3, line 24, at end insert—

“1AA. The Secretary of State may only cancel the registration of a protected designation of origin or a protected geographical indication under paragraph 1A after—

(a) an impact assessment has been published, and

(b) a three month consultation process has been undertaken.”.

With this it will be convenient to discuss the following:

Amendment 4, in clause 4, page 4, line 36, at end insert—

“(11A) The Secretary of State must, within three years of Royal Assent to this Act, publish an assessment of the impact of the CPTPP on the operation of Geographical Indications in the United Kingdom.”.

Clause stand part.

The Opposition support clause 4 standing part of the Bill, but we wish to probe the Minister a little, hence amendments 3 and 4.

The intellectual property chapter in CPTPP includes provisions for the protection and enforcement of geographical indicators. We have had the privilege of an intervention from the hon. Member for Penrith and The Border. He might be particularly interested to know that two particular very interesting products from the north-west have secured GI status in the UK. The first is traditional Cumberland sausage; the second is Beacon Fell Lancashire cheese. I will come back to those a little later on.

The intellectual property chapter builds on present international intellectual property agreements in relation to rules on transparent and fair administrative systems for the protection of GIs, including rules for opposing GI status being granted to a particular product and the cancellation of GI status. I understand that the NFU thinks that the scope of the provisions for GIs in the CPTPP intellectual property chapter is fairly limited, and that a number of CPTPP countries are fundamentally opposed to food GIs. The only GI protections currently administered within CPTPP have been agreed on through bilateral side letters and ascribed to spirits and wines. It would be helpful to hear whether the Minister shares that somewhat bleak assessment.

Clause 4 seeks to amend specified pieces of retained EU law, as I understand it, so that an application to register a GI case can be opposed on the grounds that it is likely to cause confusion with a pre-existing trademark or the application for such a trademark. I understand the clause also expands the grounds on which the registration of an agrifood GI can be cancelled. Could the Minister give us an example of where such a decision might be made? What consultation would take place before such a decision were taken?

GIs are proven to boost export returns to primary producers—our farmers—and the UK has more than 80 products with some form of protected GI status. It would be interesting to hear from the Minister when a UK Minister last spoke to the UK Protected Food Names Association, the trade body for products with GI status. Beyond Scotch whisky, I cannot find any obvious sign that promoting GIs is a significant part of the Minister’s departmental work plan. I would be delighted to be proved wrong.

What plans do Ministers have to use the CPTPP review to try to break down opposition in other CPTPP countries to British GIs? Clearly, promoting British products with a geographical indicator could help to secure greater export returns for the UK agrifood industry and, specifically, for our hard-pressed farmers.

Will accession to CPTPP help to secure GI status in countries such as Japan? I ask because the then Secretary of State for Trade, Elizabeth Truss, as a result of what she called a “historic” trade deal with Japan, promised that some 70 iconic British foods, from Cornish pasties, Welsh lamb, Melton Mowbray pork pies, to the traditional Cumberland sausage and the Beacon Fell Lancashire cheese, would secure GI status, unless there were exceptional circumstances, within five months in Japan. That was more than three and a half years ago. When I wrote to the current Secretary of State to remind her of that commitment back in late November, the Minister who replied said that he was unable to provide an exact timeframe for products such as Whitstable oysters, Scottish wild salmon, Carmarthen ham and Yorkshire forced rhubarb to secure protected status.

Can the Minister explain why there was such a great fanfare and promise of GI status in Japan within five months for those great, iconic British products from across the United Kingdom, and yet here we are, three and a half years on, and I can find no clarity as to whether any of the 70 UK GIs have now secured protected status in Japan? Our amendments are probing amendments, but the issues I raise are serious. I look forward to a considered reply from the Minister.

Clause 4 relates to designations of origin and geographical indicators. As with other clauses in the Bill, it is necessary to ensure that the UK can comply with the CPTPP when it accedes. The clause amends the domestic legislative framework that regulates agrifood geographical indications.

Let me start by assuring all members of the Committee that the Government are committed to transparency. On amendment 3, the Secretary of State already has a duty under existing GI legislation to publish a list of names for which a cancellation application has been received and to publish applications in cases where, following scrutiny, the Secretary of State is satisfied that the conditions for cancelling the GI have been met. Applications are published on gov.uk and a three-month period is allowed for those with a legitimate interest to lodge a notice of opposition. Those arrangements will continue to apply to cancellation applications in the future, including cancellation applications made under the new cancellation grounds created by the changes the Government are making through the Bill.

I also point out to the Committee that the process of publishing a list of applications received and publishing applications to cancel a GI following successful scrutiny is the same as when an application to register a new GI is submitted. It seems to me that those equivalent processes should be subject to equivalent levels of scrutiny. In other words, the registering of a GI should have the same scrutiny as a proposal to cancel a GI. Undertaking an impact assessment, as the Opposition propose yet again, and a new three-month consultation process on top, in addition to the existing opposition process for the cancellation of GIs, which already includes a three-month period for opposition from those with a legitimate interest, would duplicate and unbalance these processes.

In summary, amendment 3 is unnecessary and would cause unwarranted delays given that transparent and public procedures already exist under domestic GI legislation. Those with a legitimate interest are already given the opportunity to oppose the cancellation of a GI, and that will not be changed by the Bill.

Turning to amendment 4 on impact assessments, I would like to reassure hon. and right hon. Members that the Government take parliamentary scrutiny of their FTA agenda and domestic implementation seriously. With that in mind, a full impact assessment for the UK’s accession to CPTPP was published at signature in July 2023 alongside the accession protocol text and a draft explanatory memorandum. As has already been said, the Government also intend to publish a biennial monitoring report and a comprehensive evaluation report for the whole agreement within five years of the UK’s accession that will include, in addition to an assessment related to environmental impacts, under which GIs are covered, an assessment relating to intellectual property. An inclusive and participatory process will be at the heart of that evaluation, providing structured opportunities for a wide range of stakeholders to share their views and provide evidence. Therefore, additional impact assessments of the type being proposed would cost the taxpayer and entirely duplicate the existing impact assessments without showing the effects of the agreement as a whole.

The hon. Member for Harrow West asked about countries taking different approaches to GI protection. That is indeed correct. Not all parties around the world have the same approach to geographical indicators, trademarks, intellectual property and so on. Crucially, the CPTPP will not have an impact on the UK’s domestic scheme of geographical indicators. The Government’s objective in any trade negotiations will be to support the best possible outcome for the UK’s geographical indicators and the UK economy as a whole. The aim in trade negotiations is to ensure the high standards of our domestic GI schemes continue to be upheld. CPTPP enables new dialogue on standards of GI protection with parties, which we will use to further the protection of our GIs abroad.

GIs are included in many of our new free trade agreements, and the hon. Member for Harrow West already mentioned the ones with Japan, Australia and New Zealand. When I go around the world, I am always keeping an eye out for products such as Cumberland sausages, Melton Mowbray pork pies, even Stornoway black pudding, English sparkling wine, Scotch whisky and Irish whiskey. It is great to see such fantastic British food and drink produce being available on plates right the way around the world, including in Totnes. I know my hon. Friend the Member for Totnes particularly enjoys something with a fine geographical indicator attached to it; indeed, he may have just returned from enjoying such produce.

rose—

I will give way because I know the hon. Member for Harrow West had a tough lunch break researching a Eurotunnel case from under the last Labour Government. I doubt if he had any chance to eat anything with a geographical indicator attached to it, so of course I will give way to a final point from him.

I am grateful to the Minister for allowing me to intervene. Can he give us an update on what happened to all the products that were promised GI status in Japan? Has there been any progress on securing those since his letter to me in November, whether for traditional Cumberland sausage, Beacon Fell Lancashire cheese, Gloucestershire cider or Gloucestershire perry, which might appeal to the hon. Member for Totnes? The last Trade Secretary but one promised they would have GI status in Japan and yet not much progress seems to have been made.

There is a process domestically in Japan, which the hon. Member will be aware of from our debates on that free trade agreement. I would be happy to have a look again at the letter I wrote to him in November and see what progress has been made. This is a work in progress to make sure that our fine food and drink continues to arrive on dinner tables in Japan, where I know that it will be eagerly devoured by our allies and friends in the Pacific.

On the impact of CPTPP on the operation of geographical indicators in the United Kingdom, the Bill relates only to the Government’s agrifood scheme in Britain, where the high standards of our domestic GI scheme will continue to be upheld. For all the reasons I have outlined, I ask the hon. Member for Harrow West to withdraw his amendment.

As I indicated in my initial remarks, amendments 3 and 4 were tabled as probing amendments. I therefore beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 4 ordered to stand part of the Bill.