Anne Ruston (SA, Liberal Party, Assistant Minister for Agriculture and Water Resources) Share this | Hansard source

I present the government’s response to the report of the Foreign Affairs, Defence and Trade References Committee on its inquiry into reforming Australia's treaty-making process and seek leave to have the document incorporated in Hansard.

Leave granted.

The document read as follows—

Australian Government response to the Senate Foreign Affairs, Defence and Trade References Committee report:

Blind agreement: reforming Australia's treaty-making process February 2016

Senate Foreign Affairs, Defence and Trade References Committee Report

Blind Agreement: reforming Australia ' s treaty-making process

Tabled 25 June 2015

Government Response to the Committee ' s Recommendations

The Government believes that Australia's existing treaty-making system is working well and is sufficiently flexible to accommodate the different approaches needed for the wide variety of treaties to which Australia becomes a party. The existing system allows for extensive consultations and enables briefing of stakeholders where appropriate.

Recommendation 1:

The committee recommends that parliamentarians and their principal advisers be granted access to draft treaty text upon request and under conditions of confidentiality throughout the period of treaty negotiations. The committee recommends that the government provides an access framework and supporting administrative arrangements.

Response:

The Government does not accept this recommendation. The Government already considers whether to provide parliamentarians with access to draft text under conditions of confidentiality on a case-by-case basis. There is sufficient flexibility in the current treaty-making system to facilitate such access when the Government decides to do so.

Recommendation 2:

The committee recommends that the Joint Standing Committee on Treaties adopt a process of ongoing oversight of trade agreements under negotiation. This process is to include:

Response:

The Government does not accept this recommendation. The Joint Standing Committee on Treaties (JSCOT) is already mandated by Parliament to provide treaty oversight. The Government considers JSCOT's current terms of referenceto be sufficiently broad for it to perform effectively this oversight role.

Recommendation 3:

The committee recommends that the Parliamentary Joint Committee on Human Rights consider the human rights implications of all proposed treaties prior to ratification and report its findings to parliament.

Response:

The Government does not accept this recommendation. Human rights implications are already considered at appropriate stages in the treaty-making process. Any domestic implementing legislation is examined for compatibility with human rights by the Parliamentary Joint Committee on Human Rights.

Recommendation 4:

The committee recommends that on entering treaty negotiations, Australia seeks agreement from the negotiating partner(s) for the final draft text of the agreement to be tabled in parliament prior to authorisation for signature. In the absence of agreement, the government should table a document outlining why it is in the national interest for Australia to enter negotiations.

Response:

The Government does not accept this recommendation. Under the Constitution the power for entering into treaties rests with the Executive. Under Australia's existing treaty-making system the Parliament, through JSCOT, already has the opportunity to review and make recommendations on treaties prior to the Executive taking binding treaty action.

Recommendation 5:

The committee recommends that, subject to the agreement of negotiating countries, the Department of Foreign Affairs and Trade publish additional supporting information on treaties under negotiation, such as plain English explanatory documents and draft treaty text.

Response:

The Government does not accept this recommendation with respect to draft treaty text. In respect of the provision of other supporting information, this is already done on a case-by-case basis where the Government considers it appropriate.

Recommendation 6:

The committee recommends that stakeholders with relevant expertise be given access to draft treaty text under conditions of confidentiality during negotiations. The committee recommends that the government develop access arrangements for stakeholders representing a range of views from industry, civil society, unions, consumer groups, academia and non-government organisations.

Response:

The Government does not accept this recommendation. Under the existing treaty-making system extensive consultation is undertaken with relevant stakeholders, as appropriate, on a case-by-case basis.

Recommendation 7:

The committee recommends that the government, prior to commencing negotiations for trade agreements, tables in parliament a detailed explanatory statement setting out the priorities, objectives and reasons for entering negotiations. The statement should consider the economic, regional, social, cultural, regulatory and environmental impacts which are expected to arise.

Response:

The Government does not accept this recommendation. Under Australia's existing treaty-making system extensive information is already made publicly available both in the lead up to and during the course of trade agreement negotiations, including detailed feasibility studies where appropriate.

Recommendation 8:

The committee recommends that a cost-benefit analysis of trade agreements be undertaken by an independent body, such as the Productivity Commission, and tabled in parliament prior to the commencement of negotiations or as soon as is practicable afterwards. The cost-benefit analysis should inform the government ' s approach to negotiations.

The committee further recommends that:

Response:

The Government does not accept this recommendation. Under the existing treaty-making system it has been common practice under successive governments to conduct a feasibility study prior to the commencement of trade negotiations and for this study to be made public.

Recommendation 9:

The committee recommends that the government develop a model trade agreement that is to be used as a template for future negotiations. The model agreement should cover controversial topics such as investor-state dispute settlement, intellectual property, copyright, and labour and environmental standards and be developed through extensive public and stakeholder consultation.

Response:

The Government does not accept this recommendation. The Government will continue to approach each negotiation on a case-by-case basis, in order to secure the best possible overall outcomes for Australia.

Recommendation 10:

The committee recommends that National Interest Analyses (NIAs) be prepared by an independent body such as the Productivity Commission and, wherever possible, presented to the government before an agreement is authorised by cabinet for signature. NIAs should be comprehensive and address specifically the foreseeable environmental, health and human rights effects of a treaty.

Response:

The Government does not accept this recommendation. The National Interest Analysis (NIA) is the Government's own explanation to the Parliament, prepared on a whole-of-government basis, as to why it is in Australia's national interest for binding treaty action to be taken.

Government ' s Response to the Dissenting Report by Coalition Senators

The Government agrees with the Dissenting Report by Coalition Senators.

Government ' s Response to the Dissenting Report by the Australian Greens

The Government notes the comments on specific recommendations contained in the Dissenting Report by the Australian Greens. The Government does not agree with these comments.