In its report published today on the Government’s proposed legislation setting up a Trade Remedies Authority (TRA) the House of Commons Select Committee has backed a number of recommendations made by George Peretz QC (who gave written and oral evidence to the Committee’s inquiry).
The TRA will, along with the Secretary of State for International Trade, administer after Brexit trade defence measures (anti-dumping duty, countervailing measures, and safeguard measures) permitted under WTO rules.
Among other matters, the Committee agreed with George that: –
- the International Trade Select Committee should have a formal role in appointments as chair and chief executive of the TRA;
- the TRA should not apply an “economic interest” test but that a decision to refuse trade defence measures on grounds of economic interest, as a political decision, should be reserved to the Secretary of State
- the Bill should provide on its face that that there was a right of appeal to the Upper Tribunal against decisions to impose and to refuse trade defence remedies, and that such appeals should be “on the merits” rather than just by way of judicial review.
George’s detailed article on the Government’s proposals is here.