Marise Payne (NSW, Liberal Party, Minister for Human Services) Share this | Hansard source

I thank Senator Whish-Wilson for the question. I did see the reporting of the Productivity Commission's inquiry this week. The government is considering the inclusion of ISDS clauses in trade agreements on a case-by-case basis, and I think it is very important for us to remember that ISDS is not a new concept for Australia. In fact, we currently have ISDS clauses with 29 economies through five free trade agreements and 21 bilateral investment treaties. What investor-state dispute settlement does is provide protection for those who choose to pursue new opportunities for Australia by investing abroad. The government is of the view that there is little to fear from ISDS as long as government policy is non-discriminatory, developed consultatively and consistent with our national obligations. We have said that we are willing to consider the inclusion of ISDS provisions in the Trans-Pacific Partnership Agreement. In relation to Senator Whish-Wilson's specific question about seeking advice of the Productivity Commission, I am not aware of whether or not the minister has done so, and I will take that on notice.