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

I do not agree with the gentleman you have quoted. I have not seen what he has had to say. I have seen other opinions provided by lawyers, in the private sector, who support what the government is saying. I think you will probably find—depending on which barrow is being pushed by which particular group—you will have all sorts of interpretations put upon that chapter. But the interpretation we have taken, based on the best legal advice and the efforts of the trade minister is to ensure that under the investor-state dispute settlement provisions we protect our capacity to legislate in the public interest in sensitive policy areas, which include health, which include the environment. We have carved out our tobacco measures so they cannot be challenged in any way, and there are a number of safeguards around procedure, which will make it easier for groups that may have issues with the way ISDS works to be represented in any proceedings as well.

People seem to forget that this is a reciprocal arrangement. What will happen is that this provides protection to Australian investors in other countries where their legal systems may not be as advanced or sophisticated as ours. This is, very much, a two-way street.