House debates

Monday, 24 May 2010

Notices

Photo of John MurphyJohn Murphy (Lowe, Australian Labor Party) Share this | Hansard source

to move:

That this House:

(1)
notes that the Bernie Banton Foundation estimates that by 2020, some 40,000 Australians will have contracted asbestos related cancer;
(2)
recognises the role governments, the trade union movement and individuals, such as Bernie Banton, have played in raising awareness about the dangers of asbestos and in banning the sale and use of asbestos and asbestos products in Australia;
(3)
expresses concern that:
(a)
countries, such as Canada, continue to export asbestos to India and many other countries in South Asia; and
(b)
international efforts to list chrysotile asbestos under the Rotterdam Treaty, which requires importing countries to be warned of the risks associated with hazardous substances and products, have been blocked by countries, such as Canada; and
(4)
leads international efforts to ban the sale, mining and use of all forms of asbestos, such as chrysotile asbestos, throughout the world.

Comments

Ralf Kluin
Posted on 26 May 2010 8:38 am

Dear John Murphy,

Your motion concerning the poisonous impact of asbestos on human beings, scientifically proven and known about for many decades, is applauded by myself and many of my friends.

Your reported committed action, as published in the hansard, for the creation of international legal process to achieve justice in the face of greed (the continuation of asbestos mining and production) is fully supported by us, and we commend you for it. And you get our vote for the difficult task in front of you, as you design a process in the Australian Parliament for the total eradication of asbestos production throughout the world.

Vested capitalist/industrial interests, dealing in dangerous material, for nothing other than for blatant self interest, exposing unwitting people, those with only their labour to sell, dangerously employed, with little or no compensation and looking at an early death; the communities living and playing in the vicinities of these asbestos mines; and the production of product from this poisonous asbestos material, scientifically proven to kill; the owners must be shut down and wherever possible, prosecuted.

As we conduct our global trading affairs in what I would describe as a semi/multilateral/unilateral treaty process; I suspect the agreements entered into between States, either bilaterally or multilaterally will permit the Commonwealth and not the States to represent Australian interest concerning the international asbestos issue.

Personally, working from my own past personal experience is shipping and underwriting law; it is my opinion that international treaties are not self executing. We need to examine Australian domestic law very carefully, how we incorporated our asbestos legislation into domestic law and flowing from these outcomes determine a course of action for international agreement. In any event, I would suspect, given our domestic situation concerning asbestos is well grounded in Australian law, there should be no limit upon the executive power residing in the Australian Commonwealth Parliament to negotiate or even execute treatise on matters of international asbestos concern.

Years ago I sat in on an International Labor Organisation Convention in Geneva, concerning the employment of people (sailors) in the global maritime industry. The question of asbestos in ships is well known and this is only the tip of the asbestos iceberg.

John, your motion moved in the Parliament also needs to be given good publicity. If we can help you in any minor way, please feel free to ask.

In any event your motion for 'Jus gentium' concerning asbestos mining/production/distribution/application/safe removal/ safe disposal off, should be unanimously adopted by The House of Representatives and The Senate.

Sincerely

Ralf Kluin