Under the terms of the proposed free trade agreement between the EU and the US, private companies will be allowed to seek damages from governments or public sector agencies for loss of profits in secret 'investor state dispute settlement' (ISDS) tribunals. Campaigners are concerned that Britain's National Health Service (NHS) trusts may be vulnerable to lawsuits from private health companies. More broadly, there is concern that the ISDS tribunal system may place a legal roadblock on any future expansion of the NHS. However, the details of any health sector impact remain unconfirmed, as negotiations between the US and EU have taken place largely away from the eyes of the public and the media, resulting in a lack of transparency that has been lambasted by the deal's critics.
Documents withheld
Campaigners recently lodged a freedom of information request for legal advice documents that allegedly detail legal opinions on the extent to which the TTIP will allow private health companies to sue the UK government if policy changes have an adverse effect on profits. However, UK business secretary Sajid Javid had blocked the request on the grounds that disclosing the legal advice offered to government agencies and employees would have an adverse effect on future consultations with lawyers. '[Civil servants] need space in which to seek candid advice from their lawyers,' Mr Javid argued, adding that civil servants will be less likely to seek advice from lawyers if there is 'an expectation that [advice] will subsequently be disclosable.' Source: The Guardian
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