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

My question is to the Minister representing the Minister for Trade and Investment, Senator Payne. This morning, former Australian trade negotiator, Dr Ruth Lopert,—now one of Minister Robb's so-called scaremongers who has questioned the secretive Trans-Pacific Partnership Agreement—publicly stated that the TPP will cost 'possibly hundreds of millions of dollars to the government' in higher medicine costs. She went on to say that through intellectual property and patent law changes:

The taxpayer will be paying more and ultimately if this affects the long-term sustainability of the PBS (Pharmaceutical Benefits Scheme) that will likely be pushed onto consumers through higher co-payments.

She gave the example of the drug Humira, which is a biologic used to treat arthritis, and said that a one-year delay in the market entry of a follow-on version of that drug to a competitor would mean savings foregone of roughly $44 million a year. Will the government rule out changes to Australia's domestic intellectual property or patent laws via the TPP that will punish Australian taxpayers?

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

I will take the more specific aspects of the last part of Senator Whish-Wilson's question on notice and seek some advice from the Minister for Trade and Investment. What I can say is that the government have made their position on the TPP process perfectly clear. We will not accept any outcome in the TPP that would adversely affect Australia's health system. We will not sign up to any international agreement that restricts the Australian government's capacity to govern in Australia's own interests, whether it is in the area of health care, the environment or in any other regulated area of the economy. The minister has also made absolutely clear that there has been extensive consultation in the process leading up to the TPP development. In fact I think we are now up to over 1,000 stakeholder consultations since 2011. That includes 150 with a broad range of stakeholders who are interested in public health issues, for example—

Stephen Parry (President) Share this | Link to this | Hansard source

Pause the clock. A point of order, Senator Whish-Wilson.

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

I have a point of order on relevance, Mr President. I specifically asked about the cost to Australian taxpayers.

Stephen Parry (President) Share this | Link to this | Hansard source

Thank you, Senator Whish-Wilson. Senator Whish-Wilson, right up-front in the answer to the question by the minister she indicated she would take the specifics of the question on notice and is enhancing the answer with her comments. The minister is in order. Minister.

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

Thank you very much, Mr President. Had I been able to finish the sentence, I was going to say that those thousand consultations included 150 with a broad range of stakeholders interested in public health areas. There were 50 in the past year. They included Medicines Australia, Choice, the Public Health Association of Australia and intellectual property experts. In fact, just for passing interest, it also included 14 consultations with the ACTU, for example, re the labour chapter of the TPP. The stakeholder consultations are invaluable in shaping our negotiating positions. I said very clearly when I began that the government will not accept a position in the TPP process that would adversely affect Australia's health system.

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

Mr President, I ask a supplementary question. Last night on ABC's 7.30, Dr Stephen Parnis of the Australian Medical Association, perhaps another of Minister Robb's scaremongers—

Government Senators:

Government senators interjecting—

Stephen Parry (President) Share this | Link to this | Hansard source

Order! Senator Whish-Wilson. On my right. We will reset the clock; you can start again.

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

Mr President, thank you. Last night on ABC's 7.30, Dr Stephen Parnis of the Australian Medical Association, perhaps another of Minister Robb's scaremongers, said in relation to the TPP and medicines:

The details really matter here. And if he says the PBS is protected but the agreement extends intellectual property rights or patent laws in favour of pharmaceutical companies, then the reality will be the opposite.

How will the government assess what impact the TPP will have on domestic medicine prices and what assurances can you give the Australian people that medicines will not rise? (Time expired)

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

Let me repeat, the government's position is clear. We will not accept any outcome in the TPP that would adversely affect Australia's health system. We will not sign up to any international agreement that restricts Australia's capacity to govern in its own interest, whether in the area of health care, the environment or any other regulated area of the economy.

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

Mr President, I ask a final supplementary question. I asked how it was going to be assessed, Mr President. The Productivity Commission, the pharmaceutical payments review and, most recently, the Harper review into competition policy—another bunch of scaremongers—have all recommended that an independent economic analysis of the intellectual property and patent provisions in trade deals be carried out and published before any negotiations are concluded. Will the government listen to these groups and ask the Productivity Commission to undertake an economic analysis of IP and patent provisions in the TPP and publish it before it is signed?

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

I will take the senator's question on notice and seek advice from the minister.