Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Hansard source

My question is to the Minister representing the Minister for Trade, Senator Payne. The Productivity Commission released their annual trade and assistance review this week. In this review, the commission stated that investor-state dispute settlement protections are not needed to encourage investment flows between developed countries. They are risky and they are not necessary in well-functioning legal systems. They also stated that inclusion of an ISDS mechanism in the Trans-Pacific Partnership Agreement could similarly allow investors to bring claims for private arbitration directly against governments and could potentially undermine the role of domestic courts and the freedom of governments to regulate in the public interest. Can the minister advice the Senate whether the government is seeking the Productivity Commission's advice on the inclusion of ISDS clauses in the Trans-Pacific Partnership Agreement?