International Investment 12.49 pm The Secretary of State for
Business, Energy and Industrial Strategy (Greg Clark) The
United Kingdom has a deserved reputation as one of the most open
economies in the world, one that welcomes international investment
and the benefits it brings. Our position as the fifth-largest
economy in the world has been built on international trade and
investment....Request free trial
International Investment
12.49 pm
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The Secretary of State for Business, Energy and Industrial
Strategy (Greg Clark)
The United Kingdom has a deserved reputation as one of the
most open economies in the world, one that welcomes
international investment and the benefits it brings. Our
position as the fifth-largest economy in the world has been
built on international trade and investment. Today’s Green
Paper affirms our commitment to that approach, and sets out
proposed reforms to our scrutiny of foreign investment to
ensure that our national security is protected.
An open approach to international investment must include
appropriate safeguards. It is vital that the UK Government
can deliver on their primary duty to safeguard national
security and ensure that the interests of the British
people are protected, and it is important for the
Government to have both knowledge of potential national
security risks to the UK and the ability to act where
necessary. Our review has highlighted the need for that to
be updated to take account of the changing structure and
size of companies in sectors that are critical to our
national security. Our reforms will bring the UK in line
with many major developed economies. We want to develop
clear, consistent and proportionate rules which will enable
us to scrutinise the ownership of our infrastructure, but
which will also be well understood and will give
international investors the clarity and transparency that
they require.
We are proposing a two-stage approach. First, I am updating
our current arrangements by consulting on amendments to the
Enterprise Act 2002 to enable the Government, if necessary,
to intervene in mergers that fall outside the current
provisions. In most sectors, the thresholds in the Act
allow the Government to intervene in mergers on public
interest grounds only if the acquired company has a UK
turnover of more than £70 million, or if the share of
supply is 25% or more of the market. The thresholds are no
longer appropriate for certain sectors, particularly those
in which smaller companies may hold technologies that are
critical to national security. For those sectors, we are
proposing to introduce amendments through secondary
legislation that would lower the turnover threshold to £1
million and remove the requirement for the merger to
increase the share of supply to 25% or more.
Specifically, I am consulting on amendments to the
thresholds for the dual use and military sector, and
certain parts of the advanced technology sectors. The first
relates to items that are currently subject to export
controls. Hostile actors should not be able to acquire such
items, or knowledge about how to make them, by buying
UK-based businesses. The second relates to companies that
are involved in the design of computer chips and quantum
technology. Advanced technologies can create threats that
are difficult to detect, and may mean that devices could be
directed remotely should a hostile actor gain access.
The Green Paper also seeks public views about options for
broader reforms to the way in which we scrutinise
investment for national security purposes. In particular,
we are seeking views on two proposals: broadening the range
of transactions that the Government are able to review for
national security purposes, and the introduction of
mandatory notification of foreign investment in certain
parts of the economy that are critical for national
security, such as the civil nuclear and defence sectors.
The Government intend any reforms to be firmly targeted at
national security. While the national security assessment
must, by its very nature, remain confidential, we will also
seek to provide greater certainty and clarity for
businesses in respect of the process itself. Our proposals
will ensure that our arrangements for protecting national
security are aligned with the practices in other major
countries, and are more robust in response to the evolving
nature of national security threats and technological
change.
Let me say something about takeovers more generally,
outside the area of national security. We have held
discussions with stakeholders, including the Takeover
Panel, about the current process. Those discussions have
covered the need for more information and time to allow for
the assessment of takeover bids by interested parties, and
to enable assurances given during the takeover process to
be properly assessed and compliance-scrutinised. We believe
that the changes recently proposed by the Takeover Panel
would improve the UK’s takeover rules, and we look forward
to the conclusion of the consultation.
The Government will also act, when appropriate, to ensure
that public funds are protected in mergers. In particular,
we will take steps to ensure that Government-funded
research and development grants can be clawed back
following a takeover if the new company would have been
ineligible to receive the grant. or if the purpose for
which the grant was made has changed.
Let me now turn to an international investment announcement
that was made late last night. On Tuesday, I briefed the
House on the trade dispute brought by Boeing against
Bombardier. My colleagues and I have been constantly
engaged from the outset, and have considered all the
alternatives that we can bring to bear to resolve the
dispute. I am pleased to be able to tell the House that
yesterday the boards of Bombardier and Airbus announced
plans for a joint venture involving the C series aircraft.
The deal is expected to be completed by the second half of
next year. I have spoken directly to the chairman of
Bombardier and the chief executive of Airbus about the
joint venture specifically, and I have also discussed the
matter with Chrystia Freeland, Canada’s Minister of Foreign
Affairs. My top priority has been to emphasise the
importance of giving certainty to Bombardier’s high-quality
UK workforce, now and in the future.
As the House well knows, the Shorts factory in Belfast
employs more than 4,200 highly skilled workers and supports
a supply chain of hundreds of companies and many more jobs
across the United Kingdom. Airbus also has a large presence
in the UK, employing more than 15,000 people, and is firmly
rooted in the UK’s advanced-technology industrial base. It
is in all our interests for the C series to be successful.
Both Bombardier and Airbus have made a number of important
commitments to me, including commitments that C series wing
manufacturing will continue in Belfast, and that the
strategy will be one of building on existing strengths and
commitments.
This announcement offers the potential to protect the
interests of Bombardier’s Belfast workers and the UK supply
chain. The UK is already Airbus’s wing factory for the
world, and the announcement reinforces that position. The
trade dispute brought by Boeing against Bombardier’s C
series remains in place. We consider Boeing’s action to be
totally unjustified, unwarranted and incompatible with the
conduct that we would expect of a company that has a
long-term business relationship with the United Kingdom. We
reject entirely any suggestion that our support for Shorts
contravenes international rules. We will continue to work
to see the dispute resolved while Bombardier and Airbus
complete their merger.
I remain in close contact with Airbus, Bombardier, and the
Canadian and US Governments. I will be speaking to the
chairman of Bombardier and the chief executive of Airbus
again later this week for an update on progress. I will, of
course, continue to meet the representatives, and to meet
Members of Parliament with constituency interests, who have
been assiduous in standing up for their constituents. I
will do everything I can to secure, at all times, the best
possible future for Bombardier’s Belfast workforce and its
UK-based suppliers.
I commend my statement to the House.
12.56 pm
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(Salford and
Eccles) (Lab)
The news that Bombardier and Airbus will be forming a
partnership will be welcome to the thousands of Airbus and
Bombardier staff who are employed in the United Kingdom,
but can the Secretary of State confirm that he has received
unequivocal assurances from Airbus and Bombardier about the
security of UK jobs in the long term? The pairing of two
cutting-edge product lines is very exciting for the future
of aerospace manufacturing, but it should not be an excuse
for the Government to diminish their efforts to ensure that
the unfair tariffs imposed in the United States are
dropped. Will the Secretary of State give more details
about the further action that he proposes to take? For
example, has he written to the European Commission?
Britain clearly wants to be open to investment, despite
reports that the Office for National Statistics is revising
its investment position downwards. However, it would be
naive to allow key businesses to be at risk from people who
have no interest in the long-term success of a business,
its workers and its pensioners, or in the long-term
interests of the British economy.
Today’s proposals are welcome, but I have some concerns.
First, I am concerned about the delay in the presenting of
the proposals. In the last year or so, we have seen mergers
that have called into question the adequacy of our merger
regime to defend vital economic interests: jobs, research
and development, and the significance of the company
involved to the supply chain, to name but a few. For
instance, our biggest chip manufacturer, ARM, was sold to
Japan’s SoftBank. ARM is one of the jewels in our crown,
developing cutting-edge chip design and generating
thousands of jobs, yet there was no guarantee that R and
D—or investment, or jobs—would be protected in the long
run. The best that our takeover regime could generate was
post-offer undertakings by SoftBank for five years on some
of those issues.
That is not an isolated example in the high-tech world. The
UK firm Imagination Technologies was sold to Canyon Bridge
just a few weeks ago, and our automobile sector has also
witnessed the shortcomings of the takeover regime. PSA’s
purchase of Opel and Vauxhall raised concerns about jobs
and investment. Yet again, our takeover regime was unable
to guarantee that those things would be protected, and this
week we have heard about the risk of voluntary
redundancies. My first question to the Secretary of State
is this: why did it take so long, given the manifest
deficiencies in the regime to which we drew his attention
earlier this year?
My second concern relates to the inadequacy of the
proposals. They seem to lower the threshold tests that must
take place before the competition authorities and the
Government can scrutinise a merger. However, those lower
tests apply only to the dual-use and military sector, and
to companies that are involved in the design of computer
chips and quantum technology. But there are other
high-technology sectors that are also in need of the same
protections, including life sciences, and food, chemical
and automobile manufacturing, to name but a few on a very
long list of sectors and business areas that are
systemically important to UK plc. These powers would have
given no assurances to companies like Unilever, for
example, who might try to resist a takeover and have been
calling for better safeguards in the takeover regime
overall.
Similarly, it is not clear how these powers would have
helped in many of the cases I have mentioned where they
potentially do apply. Indeed, this morning when the
Secretary of State was asked whether these powers would
have altered the takeover of ARM, he stated that the
turnover of that firm already qualified for scrutiny so
this would have made no difference.
So, finally, does the Secretary of State agree that his
proposals, while welcome, on the thresholds in particular,
fail to protect companies that still fall within them, and
will he confirm what further action he proposes to take,
because action is desperately needed?
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I am grateful to the hon. Lady for her response and
questions. On Bombardier, I am grateful for her
recognition—which I hope and think is shared across the
House and certainly in Northern Ireland—that this is a very
positive step forward. I have been very clear that we will
continue to seek to strike out and resolve the trade
dispute that has been brought by Boeing. Given what we have
been doing during the weeks since the initial complaint was
made, I do not think anyone could accuse the Government of
being anything other than full-hearted in our attempts to
resolve this, and our efforts, with our Canadian Government
counterparts, to find a secure source of guarantees for
Belfast have been widely welcomed this morning.
In terms of the assurances given, Bombardier and Airbus
have clearly said they regard the Belfast wing operation as
foundational. They expect to expand the production, which
means good prospects for those jobs in Northern Ireland and
the supply chain across the United Kingdom. That is
extremely good news. We will continue to pursue to the
point of resolution the trade dispute. The hon. Lady asked
about the European Commissioner: my right hon. Friend the
International Trade Secretary has discussed this personally
with the European Commissioner for Trade. We will leave no
stone unturned in seeking a resolution of this dispute.
On the proposals in the Green Paper on international
investment, I would have thought the hon. Lady should
welcome the fact that we continue to be the third-biggest
destination in the world for overseas investment. One of
the major strengths of our economy is that we have a
reputation for dependability and openness, and it is
important that we preserve that while upgrading our systems
of scrutiny to make sure that the national interest is
protected, particularly in the case of national security.
In saying that, I note that the hon. Lady suggests that
there has been some delay in so doing, but the changes we
are making were changes that were not made during 13 years
when the Labour party had the chance to address these
matters. I hope she will respond to the consultation and
welcome it.
It is right that the threshold should be dropped in order
to admit small companies: everyone knows that as technology
develops, smaller companies can have a critical role to
play in producing products that are part of a wider system.
It is right to have that degree of scrutiny. But when the
hon. Lady reads the Green Paper she will see that, in
addition to those initial changes, we are consulting on
whether there should be a wider set of powers to require
the mandatory notification of mergers in other sectors of
the economy, and we make some proposals around that. It is
right to consult on that, but it would not be right for
every single transaction in the economy to be required to
go through an administrative process when it does not pose
a threat to our national interest. That is the purpose of
the consultation, and I hope she will welcome it.
The hon. Lady raises the question of Unilever. One of the
features of the proposed takeover of Unilever was that the
company—correctly, in my view—did not feel it had the time
to prepare a proper defence of itself, given the current
takeover rules. Following conversations that we have had,
the Takeover Panel is proposing a more substantial period
in which, at the request of the target company, it will
have longer to prepare that defence. That will be welcomed
across the economy. This is a consultation by the Takeover
Panel so we will wait for that to conclude, but I have
welcomed it as a positive step forward.
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(Cannock Chase)
(Con)
Does my right hon. Friend agree that the record levels of
inward investment demonstrate a strong vote of confidence
in Britain, showing that we are open for business and an
outward-looking and world-leading nation?
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I agree: it is a proud boast that we are the No. 3 nation
in the world. We are by no means the biggest nation in the
world, but to be No. 3 behind the US and China in terms of
foreign direct investment is a real vote of confidence in
this economy, and that is something I and my team and my
colleagues across Government will always work hard to
extend.
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(Inverness, Nairn,
Badenoch and Strathspey) (SNP)
I am grateful to the right hon. Gentleman for an advance
copy of his statement.
The Scottish National party supports measures that best
protect our citizens and measures that relate to national
security. However, it is not clear why these proposals have
been brought forward now, so can the right hon. Gentleman
tell us why now, and what the UK Government’s long-term
strategy is?
We also believe it is vital that Parliament is fully
involved in this process. Will the right hon. Gentleman
confirm that that is the case?
Finally, on military technology, the UK Government must
look to their own track record. Will the right hon.
Gentleman confirm that the same degree of stringent
oversight and scrutiny is to be applied to arms sales
abroad?
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I am grateful to the hon. Gentleman for his questions,
although I am surprised that he did not want to welcome the
investment decision in Bombardier. In response to
his—perfectly reasonable—question, “Why now?”, it is right
to upgrade our systems for scrutiny periodically. A
national security risk assessment was carried out recently,
which correctly pointed out that smaller companies have the
potential to pose a threat to national security, and these
measures respond to that. We are publishing a Green Paper;
Parliament is being invited to scrutinise it, as the
essence of a Green Paper is that it is published for
Parliament, as well as people in the outside world, to
examine. On military technology and the scrutiny of arms
sales, I think the hon. Gentleman should know that that is
already subject to a licensing procedure.
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(Beckenham)
(Con)
Will my right hon. Friend confirm to the House that robust
due diligence is always carried out on foreign investment
when it might afford other Governments control of systems
that are closely linked to national security, such as the
grid?
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That is the essence of the proposals, and it is necessary
to update them from time to time in line with the
recommendations that arose from the national security risk
assessment. It is very important—it is the first duty of
Government—to make sure that we are protected from hostile
threats.
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Sir (Twickenham) (LD)
I welcome the Secretary of State’s recognition of the need
to widen the public interest test, but express some
disappointment that his definition of it does not appear to
include cases where British companies that are fundamental
to the science base would be at risk of acquisition, as in
the abortive Pfizer AstraZeneca bid, and more recently in
the successful bid for ARM, Aveco and the many smaller
companies now being acquired on the back of a cheap patent.
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I am grateful to the right hon. Gentleman for his comments.
He will be aware that under European law we are limited in
the public interest test to questions of national security,
financial stability and media plurality. That is the
situation that exists, hence the proposals that we have are
around strengthening national security. I ask the right
hon. Gentleman to study the Takeover Panel proposals to
give a longer period for the scrutiny of any bids in the
public domain, allowing the target company to respond,
because from what I have seen so far, that has received a
very positive response in corporate Britain, and when that
consultation concludes I very much hope it will be enacted.
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Sir (New Forest West)
(Con)
There are occupants of the Treasury Bench to whom I once
taught economics, and I used to tell them that the United
Kingdom owned more assets overseas per capita than any
other nation on earth. Do we still believe in the free
movement of capital?
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We certainly do, and I am delighted that my right hon.
Friend has been part of the process of educating
generations of Conservative Front Benchers. In fact, the
UK’s stock of overseas investment is second only to that of
the United States of America. For this country to be second
only to the United States in terms of the value of the
assets that we own overseas is a remarkable achievement,
and he is right to pay tribute to that.
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(Belfast East)
(DUP)
I sincerely thank the Secretary of State and the Energy
Minister, the hon. Member for Watford (Richard Harrington),
for their steadfast support for Bombardier and Belfast.
Does the Secretary of State acknowledge that, in
encouraging a union between Bombardier and Airbus, Boeing
has scored a spectacular own goal? Will he continue his
commitment to supporting that partnership, both in terms of
the tariff proposition from the US International Trade
Commission and of the regulatory considerations to come?
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I will indeed, and I want to pay tribute to my hon. Friend,
who is the constituency Member for the Bombardier Shorts
plant in Belfast. No part of the United Kingdom could have
a more vigorous representative of the interests of its
constituents than his constituency. He and his colleagues
have played an important role in this process. The reaction
of Boeing is clearly a matter for that company, but I have
been clear that as long as that unjustified and unmerited
complaint is being pursued, we will vigorously defend it.
We think that the complaint is without merit. As I said
when I last updated the House, it is in everyone’s interest
that the complaint should be withdrawn so that the
relationship that Boeing seeks to have with this country
should not be marred by the unjustified action that it is
taking. My hon. Friend has my commitment on this.
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Mr (Yeovil) (Con)
I welcome the Government’s attention to this area. I note
that research and development in areas of critical national
security often occur in the small and medium-sized
enterprise sector. Has my right hon. Friend given any
thought to how these proposals might impact on the
propensity of people to invest in that sector?
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It is important that investors, especially those starting
up a firm for the first time, should reflect on the fact
that the UK is the best place in the world to establish new
scientific and technological companies. They can invest
with confidence. The ability to scrutinise investments
should not put off anyone from establishing a firm in this
country. It is often possible to deal with security
concerns through conditions and undertakings, and getting
that framework clear and in place will give confidence to
investors in the future.
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(Alyn and Deeside)
(Lab)
I welcome the Bombardier announcement—it is very good news.
However, future Airbus investment in the UK will depend on
a Brexit deal that allows the company to operate as it does
now. The company has been very clear about that, and it
will mean having a deal rather than no deal. For example,
if a wing leaves Broughton but then needs further work,
British Airbus employees can leap on to a plane and follow
it. They might be away for days or even weeks. Will that be
able to continue post Brexit?
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My colleagues and I meet regularly not only with Airbus but
with the whole of the aerospace industry, which is one of our
most successful industries, and we are well aware of how the
sector and the companies within it work. This informs our
negotiations to allow us to ensure that that way of working
can continue.
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(Havant) (Con)
I welcome the Secretary of State’s statement and the
investment in Bombardier. As the fourth industrial revolution
accelerates and new technologies emerge, will he consider
introducing a call-in mechanism to allow flexibility when the
Government scrutinise transactions for national security
concerns?
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My hon. Friend is a great champion of the need to prepare for
the fourth industrial revolution, if we are to benefit from
it. Part of the reason for this Green Paper is consistent
with the high standards that we have always had in this
country for ensuring that our systems are up to date. We are
suggesting that, in certain sectors that are relevant to
national security, it would be possible, subject to the
results of the consultation, to scrutinise transactions to
assess whether they posed a problem.
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(Barrow and Furness)
(Lab/Co-op)
It is surely right to add smaller companies to the national
security process, but this is only a Green Paper and
secondary legislation takes time. Given how fast these fields
of technology are moving, what are the Government doing right
now to mitigate the risk of what we want to legislate to deal
with in the future?
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The proposals can be introduced through secondary
legislation, and I hope that they will find favour with the
House so that we can proceed with that. There is an ability
to act through other measures if there is a threat to
national security, but the essence of these proposals is that
this can be done in anticipation, rather than when a threat
has crystallised. This is the right way to proceed, rather
than waiting for a threat to be identified as imminent. This
is about being prepared.
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(Torbay) (Con)
I welcome the Secretary of State’s statement and particularly
the news about Bombardier. Does he agree that the Brexit vote
was about us going out into the world and being part of the
international trading community, not about withdrawing behind
a wall? Will he therefore reassure me that, despite what we
are saying about considerations of national security, we will
remain an open advocate of free trade in the world?
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It is precisely because we are a leading advocate of free
trade and open investment that it is necessary to have the
right framework in place so that people can invest with
confidence. In fact, in many cases, the steps that we are
taking bring us into line with our competitor nations when it
comes to trade, and I am absolutely confident that this
regime will be respected and applied.
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(Carshalton and Wallington)
(LD)
On the subject of companies developing dual-use technology,
can the Secretary of State confirm that as well as
introducing powers to stop those companies from falling into
foreign hands, he will ensure that they will still be able to
recruit workers from the EU? Those workers will often not be
particularly well paid, as they might be graduates working in
start-up companies. Also, will he clamp down on companies
here that use subsidiaries in other countries to avoid UK
export controls and sell dual-use technology that can be used
to clamp down on dissent in middle east countries?
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On the right hon. Gentleman’s second point, an export control
regime deals with these matters. On his first point, while
the scope of the Green Paper is extensive, it is not a
consultation on immigration policy. There will be other
opportunities to pursue that.
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(Newark) (Con)
I broadly welcome the proposals to change the takeover code
and protect national security assets, especially smaller
companies, but will the Secretary of State consider adopting
a new principle that for every new policy that could be
construed—however unfairly—as being protectionist or
anti-business, at least two new policies should be brought
forward that state as loudly as possible that Britain is open
for business and a free trading country committed to free
enterprise?
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We are saying loudly and clearly that we depend on free
trade, and that free trade depends on our having clarity in
the rules so that investors in our companies know what
scrutiny they will be subject to. That is something that
business has wanted, so it is good that we are going to be
clear about that.
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(Kilmarnock and Loudoun)
(SNP)
These proposals are welcome as far as they go, but if,
thinking about the bigger picture, we are looking at
transparency in safeguards relating to foreign investment, we
will need to stamp out the laundromat money-laundering
schemes that channel billions of pounds through the UK. What
steps are the Government taking to eliminate the vehicles for
that practice, including the Scottish limited partnerships?
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My hon. Friends in the Treasury are, as the House knows,
active and vigorous in pursuing measures against money
laundering, and that approach is an important part of this
regime’s reputation for applying high standards.
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(Aldridge-Brownhills)
(Con)
I welcome the Secretary of State’s statement and his
recognition of the importance of not only large strategic
businesses, but the supply chain. Does he agree that it is
vital that the rules for the scrutiny of foreign investment
are clear, certain and proportionate?
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That is exactly what is proposed in the Green Paper. The
focus is on national security, which is an important
responsibility for the Government. It is important that
investors and businesses know the procedures so that they can
have the greatest certainty when conducting business,
including when contemplating takeovers.
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(Corby) (Con)
Will my right hon. Friend say a little more about the role of
industrial strategy in helping to harness international
investment?
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One of the strengths of the UK’s economy is our reputation
for innovation and discovery through the application of
science. Our industrial strategy deepens our commitment to
that. We have seen the biggest increase in public investment
in research and development for more than 40 years. Part of
our strategic approach means establishing companies that make
use of that technology, and having a regime under which
companies that do use that technology can be confident about
taking in foreign investment is part and parcel of the
positive, mature regime that we want to establish.
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The Parliamentary Under-Secretary of State, Department
for Business, Energy and Industrial Strategy (Lord
Prior of Brampton) (Con)
My Lords, with the leave of the House, I shall now
repeat a Statement made by my right honourable friend
the Secretary of State for Business, Energy and
Industrial Strategy.
“Mr Speaker, the United Kingdom has a deserved
reputation as one of the most open economies in the
world; one which welcomes international investment and
the benefits it brings. Our position as the
fifth-largest economy in the world has been built on
international trade and investment. Today’s Green Paper
affirms our commitment to that approach and sets out
proposed reforms to our scrutiny of foreign investment
to ensure that our national security is protected.
An open approach to international investment must
include appropriate safeguards. It is vital that the UK
Government can deliver on our primary duty to safeguard
national security and ensure that the interests of the
British people are protected. It is important that the
Government have both knowledge of potential national
security risks to the UK and the ability to act where
necessary.
Our review has highlighted that it needs to be updated
to take into account the changing structure and size of
companies in sectors critical to our national security.
Our reforms will bring the UK into line with many major
developed economies. We want to develop clear,
consistent and proportionate rules which enable us to
scrutinise the ownership of our infrastructure but
which are also well understood and give international
investors the clarity and transparency they require.
We propose a two-stage approach. First, I am now
updating our current arrangements by consulting on
amendments to the Enterprise Act 2002 to enable the
Government, if necessary, to intervene in mergers which
fall outside the current provisions. In most sectors,
the thresholds in the Act allow the Government to
intervene on public interest grounds only in mergers
where the acquired company has a UK turnover of more
than £70 million or the merger results in an increase
in the UK share of supply to 25% or more. These
thresholds are no longer appropriate for certain
sectors, particularly those where smaller companies may
hold technologies which are critical for national
security. For these sectors, we propose to introduce
amendments by secondary legislation which would lower
the turnover threshold to £1 million and remove the
requirement for the merger to increase the share of
supply to 25% or more.
Specifically, I am consulting on amendments to the
thresholds for the dual-use and military sector and
certain parts of the advanced technology sectors. The
first of these relates to items that are currently
subject to export controls. Hostile actors should not
be able to acquire these items, or the knowledge about
how to make them, by buying UK-based businesses. The
second relates to companies involved in the design of
computer chips and quantum technology. Advanced
technologies can create threats which are difficult to
detect and may mean that devices could be directed
remotely, should a hostile actor gain access.
The Green Paper also seeks public views about options
for broader reforms to the way we scrutinise investment
for national security purposes. In particular, we are
seeking views on two proposals: broadening the range of
transactions that the Government are able to review for
national security purposes; and the introduction of
mandatory notification of foreign investment into
certain parts of the economy which are critical for
national security, such as the civil nuclear and
defence sectors.
The Government intend that any reforms should be firmly
targeted at national security. While the national
security assessment by its nature must remain
confidential, we will also seek to provide greater
certainty and clarity to businesses on the process
itself. These proposals will ensure that our
arrangements for protecting national security are
aligned with the practices in other major countries and
are more robust to the evolving nature of national
security threats and technological change.
Let me say something about takeovers more generally,
outside the area of national security. We have held
discussions with stakeholders, including the Takeover
Panel, about the current process for takeovers. These
discussions have covered the need for more information
and time to allow for assessment of takeover bids by
interested parties, and how assurances given during the
takeover process can be properly assessed and
compliance scrutinised. We believe the recently
proposed changes by the Takeover Panel would improve
the UK’s takeover rules. We look forward to the
conclusion of the consultation.
Alongside this, the Government will act, where
appropriate, to ensure that public funds are protected
in merger situations. In particular, we will take steps
to ensure that government-funded research and
development grants can be clawed back following a
takeover if the new company would have been ineligible
to receive the grant or the purpose for which the grant
was made has changed.
I now turn to a particular international investment
announcement made late last night. Last Tuesday, I
briefed the House on the trade dispute brought by
Boeing against Bombardier. Since the outset, I and my
colleagues have been constantly engaged and this has
included looking at alternatives.
I am pleased to tell the House that yesterday the
boards of Bombardier and Airbus announced plans for a
joint venture involving the C Series aircraft. The deal
is expected to be completed by the second half of next
year. I have spoken directly to Pierre Beaudoin, the
chairman of Bombardier, and Tom Enders, the chief
executive of Airbus, specifically about this joint
venture. I have also discussed this with Chrystia
Freeland, Canada’s Minister of Foreign Affairs. My top
priority has been to emphasise the importance of giving
certainty to Bombardier’s high-quality UK workforce now
and in the future.
The Shorts factory in Belfast employs more than 4,200
skilled workers and supports a supply chain of hundreds
of companies and many more jobs in the UK. Airbus also
has a large presence in the UK, employing more than
15,000 people, and is firmly rooted in the UK’s
advanced technology industrial base.
It is in all our interest that the C Series is
successful. Both Bombardier and Airbus have made a
number of important commitments to me, including that C
Series wing manufacturing will continue in Belfast and
that the strategy will be one of building on existing
strengths and commitments. This announcement offers the
potential to protect the interests of Bombardier’s
Belfast workers and UK supply chain. The UK is already
Airbus’s wing factory for the world and this
announcement reinforces that position.
The trade dispute brought by Boeing against
Bombardier’s C Series remains in place. We consider
this action by Boeing to be totally unjustified,
unwarranted and incompatible with the conduct we would
expect of a company with a long-term business
relationship with the United Kingdom. We refute
entirely any suggestion that our support for Shorts
contravenes international rules. We will continue to
work to see it resolved while Bombardier and Airbus
negotiations continue.
I remain in close contact with Airbus, Bombardier and
the Canadian and US Governments. I will be speaking to
the chairman of Bombardier and the chief executive of
Airbus again later this week for an update on progress.
I will, of course, continue to meet the representatives
and Members of this House who have been assiduous in
standing up for their constituents’ interests. I will
do everything I can to secure the best possible future
for Bombardier’s Belfast workforce and its UK-based
suppliers. I commend this Statement to the House”.
3.18 pm
-
(Lab)
My Lords, I thank the Minister for repeating the
Statement in this House. I also thank him for his
personal interest in these matters, not just in
relation to Bombardier but for his deep involvement in
shaping the Green Paper, which is shown through its
pages.
I turn to the last part of the Statement, which is the
very welcome news that Bombardier and Airbus have
determined to create a joint venture to look at
developing the C Series aircraft. The pairing of these
two cutting-edge product lines is a very exciting
prospect for the future of aerospace manufacturing and
the excellent industry that we have here. We are hugely
encouraged by such a step and what it means for the UK.
I would be grateful to the Minister for some further
information on what assurances or indications the
Government have gained from both companies as to the
likely investment or potential for jobs growth in this
country as a result of such an excellent step. I
reaffirm the broad consensus of the House, as
demonstrated during the course of the last Statement,
that we strongly support the Government’s actions in
defending Bombardier’s position against a completely
unjustified and unwarranted attack by Boeing, and a
process which we are not convinced is as
straightforward and clear as it could be. We urge the
Government to do whatever they can and we support their
continued efforts to try to ensure a swift and speedy
resolution of these matters.
We warmly welcome the excellent and timely Green Paper
National Security and Investment and Infrastructure
Review. We are pleased that the Government have chosen
to look at how we can update our structures to deal
more effectively with changing times. As a general
observation, this creates further changes to our merger
regime, some of which the Minister has already
mentioned, such as matters involving the Takeover Panel
and the FCA and further reviews of corporate
governance. Even some of the insolvency reforms have a
bearing on how we look at this regime. I make a plea
for a more holistic process in how we review these
issues of industrial strategy. Especially as we face
Brexit, it would be useful if the Government could come
up with a more joined-up approach to how these
different parts can achieve the outcomes that we want,
rather than having conflicting and competing claims or
unwelcome consequences.
In relation to the principles from which we approach
this review, it is important to state—as the review
itself does—that we have to ensure that the UK remains
open for investment and participation. We still want to
be a major global player in all these areas. Sometimes
the indication that we are involved in a review creates
a chill. We should be clear that, while it is entirely
legitimate to protect the country’s interests, we will
not create a large investment review. This also applies
to how we address issues such as the clawback of funds
and how those funds might be used for early development
or other things for companies which might not be
eligible. That provision would itself raise a series of
questions. One has to assess things delicately and put
them in sensible terms. The intention is clearly right,
but we would not want it to have unwelcome
consequences.
We are pleased with the short-term and long-term
approach to ensuring that we have an adaptable and
operational system. The review stresses our foreign
direct investment position, which this House has
discussed many times. We are mildly sceptical about the
nature of some of this investment. The charts in the
paper identify the level. If we subtract the gold
transactions which take place in the UK as goods
received—which effectively net each other out—I am not
sure the position would be so flattering. Our FDI
position is not as good as is suggested and we should
be conscious that we have a long way to go in
encouraging the right sort of job-creating investment.
The review should be seen in that context, rather than
giving the feeling that we are in a much stronger
position than we are.
Will the Minister provide some thoughts on the
following issues? First, what are our national security
requirements? Are these strategic or are they direct
security concerns? What balance will be in place on
issues such as security of supply versus strategic
control, as well as our own capacity to ensure that we
have certain technologies? We welcome the important
short-term measure of lower thresholds, which does plug
gaps. On long-term measures, the review is right to
look at mechanisms such as call-ins and notifications.
However, these raise questions themselves, the first of
which is the nature of acquisitions and security
concerns as companies develop in the modern world. This
is not always about the takeover of a company. As we
have seen from the way in which companies acquire
access to technology and other things, this can
frequently be done through partnerships, joint ventures
and other things which do not involve a complete and
direct transfer of equity. Sometimes control changes
due to debt, so we need to consider all these measures.
I would be very grateful for the Minister’s
observations on those points.
In relation to the nature of these companies, we have
looked at lower tests on dual use in the military
sector and those involved in the design of computer
chips and quantum technology. Certainly, our security
concerns can be identified in other high-tech sectors,
including life sciences and even food technology, as
well as other areas of science and research. I would be
very grateful to be told how the Government decided
which sectors to select.
In the context of the voluntary and mandatory reforms,
what was the thinking behind the notion that you can
divide those sectors into voluntary and mandatory?
Certainly, the guidance the Minister talked about would
be enhanced by giving a much clearer view on that.
Finally—I do not wish to sound too mischievous, but I
will ask this question anyway—does our reviewing the
matter at this stage suggest that we may well take a
different view over the long term, as these companies
already fell within the threshold, or that we might be
open to taking a different view on what took place in
relation to ARM or even Hinkley Point?
-
(LD)
My Lords, I draw your Lordships’ attention to the
interests registered in my name. I, too, thank the
Minister for repeating the Statement in this House. He
is of course right to declare that the UK economy
should be open. All of us on these Benches earnestly
hope that that is the way the Government continue to
play it and that we do not start to close down and
become a little England.
The Minister also rightly highlighted the need for
changes in appropriate safeguards. The world is
changing very quickly, national security needs are
changing and the Government are right to keep those
under review, so this is a timely process.
The noble Lord, , asked for a
holistic approach to the whole issue of mergers and
acquisitions. En passant, I add pensions to that list,
which he did not include, because increasingly pensions
and the rights of pensioners are becoming a driver
within the mergers and acquisitions section.
On the Statement, there is a powerful case for
strengthening the public interest in takeovers, as,
indeed our leader has argued regularly,
most recently, I think, on the AstraZeneca case.
However, while lowering the threshold is a welcome
step, the Government’s proposals are narrow and do not
add a great deal to the overall public interest
element, which should be covered in a more holistic
approach. In recent months we have seen several of the
UK’s high-tech companies snapped up by foreign
competitors. This has been exacerbated by the fall in
the value of the pound. That is a regrettable outcome.
Therefore, today’s inclusion of computer chips in the
list of new technologies singled out is somewhat
interesting given that it follows the much publicised
acquisition of ARM, arguably the world’s best chip
designer. That, again, was driven by the weakness of
the pound. Perhaps the Minister agrees that there is an
element of closing the stable door here. We wish that
some of the measures we are discussing were in place at
that time.
The addition of quantum technology raises the question:
why only that? Again, the noble Lord, , opened up a
list of other technologies. I had biosciences and some
aspects of IT and encryption on my list. It seems to me
a rather narrow list when you consider the potential
threats to a range of technologies. In some
technologies, the threats have not been thought of yet
but they exist. In our view the scope should be widened
to defend not just the science base from a security
point of view but also the overall knowledge base of
this country. Knowledge can leak out from this country
through a variety of means, of which mergers and
acquisitions is but one. Joint research projects are
another. In many cases you often have competing aims
where inward development exercises try to draw foreign
investors into research projects where the IP driver in
this country would be to exclude some of those
investors. In many cases, therefore, we are creating a
situation that is leaking out valuable information
—whether it is for security interests or economically
valuable—through actions that the Government or local
government are driving. Perhaps this is something that
the Minister could look at. At the heart of this is the
narrow look at security needs. These Benches would
widen that to cover more economic interests of this
country, and we hope the Government will take that on
board.
Turning to Bombardier, I am sure the whole House
welcomes the announcement of this deal, which should
protect the future of the plane-maker. Clearly, only a
few days ago, we were discussing a very bleak future
for the 4,000-plus workers and all of those indirectly
involved in the economic area that it has created in
Belfast, so this is good news. I said at the time that
even though this is not a case that would, in the end,
be won by Boeing, time was the issue that would kill
off and affect Bombardier. This is a very effective way
of trying to bridge that time and of negating that
problem. We should all congratulate everybody who has
been involved in expediting this so swiftly and
effectively. I am sure there are “i”s to be dotted and
“t”s to be crossed, and I hope the Minister will give
assistance to all those who require it to make sure
that happens. In that regard, will the Minister tell us
what anti-trust hoops he expects this deal to have to
jump through?
We would also welcome some clarity from the Minister on
what assurances have been forthcoming, both on
investment and on the public statement made by the CEO,
Tom Enders, on the notion that operations will be more
efficient. What will be the job implications in both
Belfast and perhaps in Broughton? What assurances have
been given, and how will he be able to uphold them? In
many ways, the US Administration and Boeing might feel
that they have got off the hook somewhat by this, but
there are still huge tariffs outstanding on this
aircraft. The actions of the US remain a salutary
warning to this country that its relationship with the
Trump Administration is, at best, strained and poses
something of a black cloud.
In conclusion, today’s announcement takeovers and
mergers sets out steps in the right direction. We
welcome greater breadth in scrutiny and the requirement
for notification. I am sure that, as the consultation
process goes through, the Government will look at the
technologies, and at which elements of which
technologies we should be concerned about. I hope they
will also take on board the public interest aspect in
mergers and acquisitions.
-
I thank both noble Lords for their broad welcome for
the news on Bombardier and the Green Paper. Turning
first to Bombardier, both noble Lords would like
further information about jobs, growth and possible
anti-trust implications, but it is too early to say at
the moment. This joint venture has only just been
announced. It is still subject to negotiations between
the two parties. Rather than hazard a guess at where
they will come out, perhaps we should report back to
the House when further details become clear.
Turning to the Green Paper, both noble Lords would like
a more holistic approach. The noble Lord was referring
particularly to the takeover context, and he is
absolutely right. Pensions are absolutely essential in
that context, as are environmental obligations and the
like. The noble Lord, , referred
more to a holistic approach in the context of
industrial strategy more generally, rather than
specifically on takeovers. He will have to wait until
later in November, when we will announce our industrial
strategy. I hope he will agree, when that strategy is
before him, that it is a holistic, joined-up approach
to industrial strategy.
I will deal with some of the other issues that both
noble Lords raised. Of course foreign direct investment
is essential. There is a balance; we want to be open to
foreign direct investment—the last thing we want to
create is a chill, as the noble Lord put it, on
investment coming into this country. Although it is
absolutely true that a number of high-tech British
companies have been sold over the last two or three
years, particularly to American buyers, in the vast
majority of cases those American companies have brought
capital and support. I refer, for example, to Google’s
acquisition of DeepMind; it has put huge resources
behind that company which might not have been there had
it remained a private British business. SoftBank’s
acquisition of ARM falls into that category as well; it
gave a number of important undertakings about research
and keeping that research in the UK. Therefore, there
is a balance to be struck in these areas and the last
thing we want to do in this country is shut ourselves
off from investment from the US and elsewhere. If one
looks at how we support small tech companies, it raises
a much broader issue about patient capital, spin-outs
from universities and the like. I hope we will deal
with those issues when we come to our industrial
strategy in a few weeks’ time.
Both noble Lords raised whether the definitions of
quantum computing chips and dual-use defence were too
narrow. They will, no doubt, want to comment on that
issue in the consultation. We have gone for quantum
computing and chips in particular because they are
often embedded into infrastructure and safety-critical
areas. Quantum computing is precisely the area where
cybersecurity is so important; we can use it to break
complex encryption codes and the like. We felt, having
done a lot of consultation, that those areas of chips
and quantum computing were the critical ones. I
understand the noble Lord’s point about life sciences;
there may be other areas that he would like us to
consider as part of the consultation. In general,
however, this is a question of balance and where we
draw the line. We can always argue about the balance,
but I am reassured that we have not got it too far
wrong when both noble Lords broadly support what we are
doing.
3.37 pm
-
(Con)
In general, I welcome my noble friend’s announcement that
the Government intend to act in this area. However, I
have one concern. In consulting on possible amendments to
the international investment arrangements, we notice what
happened when the pound suddenly weakened and overseas
investors took the opportunity to take over UK companies.
I worry about what will happen in the interim, before any
new changes are made. I have felt for some time that
these changes need to happen, and if companies see that
the rules may change for them quite soon, we may find
that it pre-empts people into taking action now.
I also note from his Statement that the Secretary of
State has been busy, helpfully, talking on the telephone
to Airbus and Bombardier. I suggest that he makes one
more telephone call to the chairman of Boeing, to say
that that great company, which we much admire and with
which we in this country have had very good relationships
hitherto, has not been helped at all by this unfortunate
action it has taken. The best thing it could possibly do
now, in recognition of the complications it has
introduced, is to withdraw the action it has taken and
enable the companies to go forward in this new
arrangement, which I greatly welcome.
-
My noble friend makes two important points. On Boeing, I
cannot swear to it, but I think the Prime Minister has
spoken to Boeing directly about this issue. Certainly, my
right honourable friend , in the other place, is
also in touch with Boeing. Boeing has two big investments
in this country, which relate to helicopters and to a new
facility it has opened in Sheffield, so it is an
important part of our economy. I assure my noble friend
that we are having conversations of the kind that he
describes with Boeing. I understand my noble friend’s
point that this consultation might lead to some companies
pre-empting this and coming forward to buy a British
company now rather than later. We have considerable soft
power in these areas, so we can use quite a lot of
influence behind the scenes to prevent that happening.
But we certainly need to bear that consideration in mind.
-
(Con)
My Lords, if this is genuinely about defence, that is one
thing, but if it is going to be part of some sort of more
protectionist policy, that will not sit well with Brexit.
I am not sure what the word “holistic” means in this
context but I am suspicious of it. Actually, we should
particularly encourage large-scale projects that people
get worried about because, once you are into a
large-scale project, you cannot get out of it.
-
My Lords, my noble friend is absolutely right that
foreign direct investment into this country is essential.
For example, Hinkley Point power station is funded
largely by the French and the Chinese. We are absolutely
open to investment from all over the world, so there is
no intention at all of discouraging foreign direct
investment coming into this country—on the contrary. I
think that we are the third biggest end point for foreign
direct investment after the Chinese and the Americans,
and there is no intention of harming that. As far as the
word “holistic” is concerned, I think that the noble Lord
meant “joined-up government”; it was not in any way
directed at some conspiracy to prevent investment coming
into this country.
-
(Con)
My Lords, I particularly welcome the better news about
Bombardier. Having, ages ago, been the Minister
responsible for inward investment into Northern Ireland,
I can confirm that the engineering skills legacy of
Belfast and indeed of Northern Ireland is colossal. From
the days of Short Brothers and Harland and Wolff, when I
was involved right down through the years, there has been
a highly innovative and skilled operation, and I am very
glad that it will be preserved and encouraged with
further investment, as it should be.
On inward investment generally, I agree with my noble
friend and the noble Lord, . We have to be
a bit careful. We rely on heavy capital and inward
investment to balance the books in this country and
compensate for our colossal trade deficit, and we need to
avoid any implication that we are somehow turning against
being an open house for most inward investment, although
there obviously have to be some safeguards. Can my noble
friend reassure us about one area that he mentioned—civil
nuclear power? The nuclear scene is dominated by both
foreign ownership and foreign inward investment and
support, not least for Hinkley Point C, which will
survive and prosper only with heavy Chinese help and
involvement. Can he assure us that nothing that has come
out today will get in the way or cause further disruption
of our already rather difficultly placed nuclear
programme? It is not going well now and will go even
worse if we cut out foreign investment.
-
My noble friend makes a number of very good points.
First, as he rightly says, the 4,200 people who work at
Short Brothers have some outstanding, world-class
engineering skills, and the fact that Bombardier and
Airbus have come to this agreement is extremely good news
for all of them. Secondly, as far as civil nuclear power
is concerned, he is absolutely right. Hinkley depends on
Chinese investment, as indeed do many economies
throughout the world. I think that it would be very
foolish of us to be at all concerned about the Chinese
investing in our civil nuclear power industry. The
Chinese will probably build 150 nuclear power stations in
their own country over the next 10 years, and they will
unquestionably be among the world’s best when it comes to
building and operating nuclear power plants. We should
take the fact that they are investing in the UK as a very
good thing.
-
(Lab)
My Lords, does the Minister agree that Boeing has for
many years been a classic example of indirect support of
the military-industrial complex—to use General
Eisenhower’s phrase—in the United States through defence
expenditure, R&D and so on, and that the same applies
to high-tech industries generally? Therefore, is it not a
fact that we have to scrutinise matters very carefully
and take a robust view of our long-term strategic
interest when it comes to the arguments that keep flying
around across the Atlantic?
-
The noble Lord is absolutely right. Boeing has been
hugely supported by the American defence industry since
the Second World War at least. He is right that we should
vigorously defend any claims that Boeing has against the
British Government’s support of Bombardier in Northern
Ireland.
-
(Con)
My Lords, I want to ask my noble friend about the extent
to which the proposals in the Green Paper, which I
confess I have not yet had the chance to read, are
aligning the public interest test for national security
purposes with the export control regime. My recollection
from serving on the quadrilateral committee in another
place is that national security was not the only
consideration for export controls; other considerations
also applied, including our international and human
rights obligations. However, my noble friend’s Statement
said that this is targeted firmly at national security.
Do we intend to reinforce the export control regime in
toto or simply the aspect of it that relates to national
security?
Forgive me, but if I may, I will also ask: while the
Government are pursuing amendments to the Enterprise Act
on the public interest intervention, will they also make
progress on updating the public interest test on media
plurality, which was foreshadowed in the debate here on
the Digital Economy Bill in the last Session? It needs to
be substantially updated to reflect the changing media
framework to which that media plurality is applied.
-
My noble friend has asked me two questions and I am not
sure whether I can do them full justice. On his first
question about the export control regime, it is true that
the £70 million test will come down to £1 million for
companies that are subject to the export control regime.
I assume that those companies would, by definition, be
concerned with national security issues. In so far as
they are not, I will have to write to my noble friend on
that point.
I will also have to take further advice on his second
question. At the moment, there is no intention to extend
the Green Paper consultation to media plurality, but I
will double check that and write to my noble friend.
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