Scott Ludlam (WA, Australian Greens) Share this | Hansard source

Just to clarify the record, I have the transcript here from 7 July 2011—that is how long this phase of the debate has been running. On the basis of the contradictions that the Scrutiny of Bills Committee pointed out, and on the basis of the very direct and unequivocal evidence that was provided to the Senate Foreign Affairs, Defence and Trade Legislation Committee a short time after I sought to refer the bill back to the treaties committee—the motion, which I spoke to, was moved on 7 July and I moved for a report by 7 September—I made a brief statement reflecting on the fact that this situation was still resolvable. At that stage I was actually taking the government on good faith that it did not intend to write loopholes into the bill, but perhaps there had been some careless drafting, particularly in the area of investment, which we have not really touched on yet tonight.

The treaties committee is diligent. It is a large committee; it has the expertise; it deals with these kinds of things all the time. It also had prior experience with the matter as a result of its earlier inquiry. I do not have the record of the vote here. I suspect Senator Xenophon was probably sitting on this side of the chamber. Senator Feeney, you were sitting over there with the coalition. You prevented that from going back to the treaties committee. It could have headed off a great deal of grief if we had taken the opportunity then to send this matter back to the treaties committee. I will just test the will of the chamber: if I were to spontaneously move a referral of this matter now to the treaties committee for one last second thought—