Senate debates

Tuesday, 22 November 2011

Questions without Notice

Trans-Pacific Partnership

2:44 pm

Photo of Richard Di NataleRichard Di Natale (Victoria, Australian Greens) Share this | | Hansard source

My question is for the Minister representing the Minister for Trade, Senator Conroy. I refer the minister to recent reports that Philip Morris has launched action challenging the government's plain packaging legislation under the investor state dispute provisions contained in Australia's bilateral trade agreement with Hong Kong. At the recent APEC meeting, Prime Minister Gillard announced that Australia was committed to a new trade agreement with the US and other Pacific nations. Will the government rule out committing Australia to any new treaty that contains similar dispute provisions that have the potential to restrict the government's ability to pursue important public health reforms?

2:45 pm

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

I thank the senator for his question, if not for his moustache! It is also good to see that the Nationals have formed a coalition on trade policy with the Greens. In Honolulu, the Prime Minister, Ms Gillard, announced the broad outlines of the Trans-Pacific Partnership. The TPP is more than a traditional trade agreement; it will also deal with behind-the-border impediments to trade and investment. Current negotiating partners include Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, United States and Vietnam. This represents the first steps in the development of a 21st century free trade agreement, which will forge a pathway to free trade across the Asia-Pacific. TPP countries accounted for 21 per cent of Australia's total trade in 2010 and our trade with the Asia-Pacific region accounted for around 70 per cent of our total trade. The combined economy of the current negotiating countries is already larger than that of the European Union.

Photo of Christine MilneChristine Milne (Tasmania, Australian Greens) Share this | | Hansard source

Mr President, I rise on a point of order. The minister was asked whether any negotiation would include the investor state dispute process. That is the question we would like answered.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

I believe the minister is answering the question. The minister still has 47 seconds remaining to answer the question.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

Leaders committed to a comprehensive, ambitious trade agreement which eliminates tariffs and other barriers to trade and investment. The Australian government is committed to global trade liberalisation and agreement on regional economic integration will go a long way towards that goal. Australia will be pressing for better access to agricultural export markets in negotiations for the TPP, yet senior Nationals are putting themselves at odds with the National Farmers Federation and Australia's farmers with their antitrade policies. I am as confused by that as I am sure many are in this chamber. (Time expired)

2:47 pm

Photo of Richard Di NataleRichard Di Natale (Victoria, Australian Greens) Share this | | Hansard source

Mr President, I ask a supplementary question. I thank the minister for his compliment on my moustache. It is very gratefully received, but I do not thank him for not answering the question. I will persist. Given that the Trans-Pacific Partnership Agreement may contain provisions weakening the government's ability to negotiate lower prices for PBS medicines, will the minister confirm that Australia will not sign on to this treaty if there is any potential to compromise our ability to deliver medicines to the Australian people at the lowest possible price?

2:48 pm

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

It is obvious that this is a hypothetical question. It asked about something that may happen and about an outcome that has not yet been concluded. The government have made clear in its trade policy statement that Australia is committed to transparency in our trade negotiations. On the TPP, we are providing regular briefings on progress in negotiations and are continuing to consult closely with stakeholders. As is normal practice in trade negotiations, the parties have agreed to keep negotiating text confidential. Releasing text therefore would require the agreement of all parties. Even if it were possible, it would not assist informed public debate to release heavily bracketed negotiating text that often includes ambit claims and remains very much a work in progress. (Time expired)

2:49 pm

Photo of Richard Di NataleRichard Di Natale (Victoria, Australian Greens) Share this | | Hansard source

Mr President, I ask a further supplementary question. Can the minister indicate whether the next major round of negotiations for the Trans-Pacific Partnership will take place in March in Melbourne, Australia?

2:50 pm

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

Once the text is agreed between parties, it will be made public and made subject to public and parliamentary scrutiny through a review by the Joint Standing Committee on Treaties. I am happy to take that part of the question I have not answered yet on notice and see if there if any further information might be available that the minister wishes to release.