Arthur Sinodinos (NSW, Liberal Party, Cabinet Secretary) Share this | Hansard source

It is true that, in the past under some circumstances, the Howard government did set its face against what are called ISDS clauses. But, in more recent times, in the context of negotiating very broad-ranging free trade deals, the view has been taken that the ISDS provisions can also provide protection for Australian investors abroad. This is an important consideration when you consider the broad range of countries which are now becoming involved in some of these free trade arrangements. I understand where Senator Whish-Wilson is going with this question, because there have been some actions taken in recent times. He refers, no doubt, to tobacco. There is an explicit recognition in the TPP that Australia's tobacco control measures cannot be challenged. That is for a start. There is also recognition of an inherent right to regulate, as a country, to protect public welfare, including in the areas of health and the environment. Specific Australian policy areas are carved out from certain ISDS claims, including social services established or maintained for a public purpose, such as social welfare, public education, health and public utilities, measures with respect to the creative arts, Indigenous traditional cultural expressions— (Time expired)