David Bushby (Tasmania, Liberal Party) Share this | Hansard source

On behalf of Senator McGauran, I present the 116th report of the Joint Standing Committee on Treaties—Review into Treaties tabled on 24 and 25 November 2010, 9 February and 1 March 2011 and Treaties referred on 16 November 2010 (part 3). I move:

That the Senate take note of the report.

I seek leave to incorporate a tabling statement in Hansard.

Leave granted.

The statement read as follows—

Mr President, the Joint Standing Committee on Treaties' Report 116 contains the Committee's views on 15 treaties ranging from amendments to CITES, and the Australia and New Zealand Closer Economic Relations Trade Agreement; to ILO conventions on the working conditions of sailors, the treatment of asbestos, and occupational health and safety.

I am happy to advise, Mr President, that this Report deals with the last of the treaties for which consideration was delayed by the 2010 Federal Election.

It is a credit to the Committee's Members that it has been able to consider and report on no less than 55 treaties since the election, and has met the agreed reporting deadline for each one of them.

In addition Mr President, for many of the treaties, the Committee did not only issue invitations to participate to its regular stakeholders, including Commonwealth Government Agencies and State and Territory Governments, but was able to take evidence from a range of other interested parties.

For example Mr President, the Committee's consideration of amendments to the Australia New Zealand Closer Economic Relations Trade Agreement involved a visit to suiting manufacturers the Stafford Group, whose plant is in North Melbourne.

The Stafford Group retails its suits under the brands Anthony Squires, Giotto and 1096.

Anthony Squires is the only retailer of high quality suits still manufacturing in Australia. The Stafford Group is concerned that this arrangement will be placed at risk by the amendments proposed to the Australia New Zealand Closer Economic Relations Trade Agreement.

The Committee has been assured by the Government that it is aware of The Stafford Group's tenuous position, and is working to ameliorate the impact of the treaty amendments on that organisation.

Mr President, I would also like to draw the Parliament's attention to the participation of the seafaring community in the inquiry into the ILO Maritime Convention.

The Convention is intended to provide a set of basic working conditions for seafarers employed in international commercial shipping. The Convention requires that seafarers, amongst other things: be properly trained; have written, legally enforceable pay and conditions; and have appropriate living conditions and access to medical care.

Crucially, the Convention will ensure that the conditions extend to ships registered in countries that are not party to the Convention.

International shipping that does not meet these conditions will face severe penalties when it enters the ports of Convention signatories. The penalties will remove any shipping cost advantages attributable to poor working and living conditions for seafarers.

Amongst those to have already ratified the Convention are the 'flag of convenience' states Liberia, Panama and the Bahamas.

The Convention has been well received by the seafaring community in Australia. Amongst those expressing support for Australia's ratification of the Convention are: peak employer organisations Shipping Australia Ltd and the Australian Ship Owners' Association; seafarers' representatives the Maritime Union of Australia and the Aust­ralian Institute of Marine and Power Engineers; and representatives of charities supporting seafarers the Australian Council of the Mission to Seafarers and the Sydney Seafarers' Centre.

All of these organisations had useful suggestions about how the Convention is imple­mented, and the Committee commends their suggestions to the Government for consideration.

Mr President, only one submission, from the Australian Patriotic Movement, opposed the Convention.

Finally, Mr President, Report 116 expresses the Committee's frustration about treaties amen­ded without ratification that come into force before they are scrutinised by the Committee or the public.

For example, the Treaty amending the International Convention for the Prevention of Pollution from Ships was tabled in Parliament in November 2010, after having come into force some five months earlier.

This does not need to happen.

Changes to treaties amended without ratifi­cation are provided to signatory countries for consideration up to twelve months before they take effect. This period allows signatory countries that do not agree with the changes to either 'opt out' of the changes or attempt to have the changes removed.

In the case of the Treaty amending the International Convention for the Prevention of Pollution from Ships, the amendments were provided to Australia in mid 2009, and the period for objecting to the Treaty ended in June 2010.

Mr President, there is enough time in this twelve month period for Parliament and the public to make a material contribution to the outcome.

The Report recommends that amendments to treaties of this sort be referred to the Parliament for consideration at the time they are first provided to Australia, so that the Parliament can have a say before the changes come into force.

Mr President, I commend the report to the Senate.

Question agreed to.