Alex Gallacher (SA, Australian Labor Party) Share this | Link to this | Hansard source

I move:

That the following matter be referred to the Foreign Affairs, Defence and Trade References Committee for inquiry and report by 18 June 2015:

The Commonwealth’s treaty making process, particularly in light of the growing number of bilateral and multilateral trade agreements Australian governments have entered into or are currently negotiating, including:

(a) the role of the Parliament and the Executive in negotiating, approving and reviewing treaties;

(b) the role of parliamentary committees in reviewing and reporting on proposed treaty action and implementation;

(c) the role of other consultative bodies including the Commonwealth–State–Territory Standing Committee on Treaties and the Treaties Council;

(d) development of the national interest analysis and related materials currently presented to Parliament;

(e) the scope for independent assessment and analysis of treaties before ratification;

(f) the scope for government, stakeholder and independent review of treaties after implementation;

(g) the current processes for public and stakeholder consultation and opportunities for greater openness, transparency and accountability in negotiating treaties; and

(h) related matters.

Mitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

Leave is granted for one minute.

Mitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | Link to this | Hansard source

This proposal would result in a costly and senseless duplication of work already conducted by the Joint Standing Committee on Treaties—the specialist committee established to deal exclusively with treaties. Extensive parliamentary inquiries have already been conducted into the treaties process. Key reforms, including the establishment of JSCOT, were implemented by the Howard government. The most recent inquiry took place two years ago. Establishing another inquiry now would be a waste of resources. The proposal is consistent with the previous government's style of operation. It is useful to recall that treaty making is an executive function of government rather than the function of parliament. In spite of this, the parliamentary processes already in place have highlighted the extent of the consultation process with stakeholders. This includes JSCOT's consideration of both the KAFTA and the JAEPA.

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

I seek leave to make a short statement.

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

Leave is granted for one minute.

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

Nearly two years ago, the Greens proposed a similar inquiry to this to look at the treaty process and how we might open it up and improve it. We have had numerous discussions with Labor and various members of the Foreign Affairs Defence and Trade Committee. Earlier today we sat down with Senator Gallacher and agreed to some amendments to support this motion, but I understand those amendments have not been made. The Greens will not be supporting this until we have had those amendments agreed to by Labor.

Alex Gallacher (SA, Australian Labor Party) Share this | Link to this | Hansard source

Mr Deputy President, I would seek some advice. The process had been working in consultation with the Greens, and we have agreement on the amendments. We thought we had agreement from the chair of the Foreign Affairs Defence and Trade Legislation Committee and so we were proceeding on the basis that this would not be opposed. But we now find—

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

I am not sure that I can give you guidance, but if you are seeking leave to make a statement to clarify where we are at, I think you should do it that way, Senator Gallacher.

Alex Gallacher (SA, Australian Labor Party) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

Leave is granted for one minute.

Alex Gallacher (SA, Australian Labor Party) Share this | Link to this | Hansard source

We were proceeding on the basis that there was consensus in respect of this, including consensus on some amendments from the Greens. I have been dealing with the chair of the legislation committee as late as during question time and so I am a bit bemused about why we now appear to have opposition to what I thought was agreed. Perhaps if Senator Fifield could confirm the government's position.

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

If you were seeking some advice from me, you do have the option by leave to postpone it, but otherwise I will put the question.

Alex Gallacher (SA, Australian Labor Party) Share this | Link to this | Hansard source

I seek leave to postpone the motion.

Leave granted.