Stirling Griff (SA, Centre Alliance) Share this | Link to this | Hansard source

My question is to the Minister for Trade, Tourism and Investment, Senator Birmingham. Can the minister confirm that the Labor Party objected to ISDS and labour market testing provisions in their additional comments to the JSCOT TPP report and, if so, why they have backflipped?

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

I thank Senator Griff for the question. I do note, however, that Senator Griff is asking me to reflect upon a position taken by the opposition. It's for the opposition to speak of their position. However, I do note certain statements made by the opposition today that I welcome as constructive statements, in terms of what would be a continuance of long-held practice across matters of foreign policy and trade policy, where the parties of government seek to work in a constructive manner together. That does stand in some stark contrast to those on the crossbenches, at times, who seek to play politics with matters of national interest.

Senator Griff's question was in relation to the TPP-11. This is a trade agreement that is going to substantially expand access for Australian goods suppliers, Australian services suppliers and Australian investors to a wideranging marketplace. There are some 11 countries with a combined GDP of more than $13.8 trillion and close to 500 million consumers across the TPP countries. What we're going to see is enhanced market access for Australian exporters. I heard Senator Macdonald reference sugar producers, beef producers, grains producers, wine producers and a range of goods industries, as well as those in the services sector that have broadly welcomed the TPP. They have welcomed the opportunities it will provide for increased generation of income for Australians, and, as a result of that increased generation of income, increased job opportunities for Australians in the future too.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Griff, a supplementary question?

Stirling Griff (SA, Centre Alliance) Share this | Link to this | Hansard source

As noted in Labor's additional comments, the TPP waives labour market testing for contractual service suppliers for six signatory countries. This will mean jobs in Australia will be able to be filled by workers from Canada, Peru, Brunei, Mexico, Malaysia and Vietnam without being first offered to Australians. Has the Labor Party explained to you, minister, why they now think this is a good thing?

Honourable Senators:

Honourable senators interjecting—

Scott Ryan (President) Share this | Link to this | Hansard source

There is commentary around the table. The last part of that question I do consider to be in order because it was asking the minister about something that had been said to him. I remind senators of the standing orders around what question time is for.

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

For the opposition to speak for the opposition, I note that there is a statement by Mr Clare, the shadow trade minister, and I'm sure that Senator Griff could avail himself of that statement made by Mr Clare. Senator Griff asks about labour market testing provisions. I would simply note, for the benefit of the Senate and for Senator Griff, that the types of provisions contained in the TPP-11 are not dissimilar to the types of provisions contained in a number of other agreements that Australia has negotiated. It's important to remember those provisions are part of an integrated package of ensuring that Australian producers—our farmers and our businesses—receive improved access to export markets. In doing so, billions of dollars of benefits are expected to accrue to Australia, and from those billions of dollars of benefits we can expect and should expect to see job benefits for hard working Australians too.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Griff, a final supplementary question?

Stirling Griff (SA, Centre Alliance) Share this | Link to this | Hansard source

Labor's additional comments also stated that Labor members of the committee remain concerned with respect to the potential for a successful ISDS campaign to expose a future government, perhaps even a Labor government, to a substantial claim for compensation for passing legislation in the public interest. Given it has today been reported that Labor is supporting the TPP, did the coalition do a deal to alleviate Labor's concerns?

Doug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | Link to this | Hansard source

What a sellout you are!

Scott Ryan (President) Share this | Link to this | Hansard source

Order, Senator Cameron.

Doug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | Link to this | Hansard source

You're a sellout!

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Cameron, take a breath after I call you to order.

Honourable senators interjecting—

Order on my right and left.

Richard Colbeck (Tasmania, Liberal Party, Assistant Minister for Agriculture and Water Resources) Share this | Link to this | Hansard source

He should withdraw!

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

He's being a loyal person and you're having a go at him. You should just shut up.

Scott Ryan (President) Share this | Link to this | Hansard source

Senators Wong and Colbeck, order.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

It's just between me and Senator Cormann.

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

Just chatter back to the President, as you normally do.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Macdonald, order!

Senator Wong interjecting—

Order, Senator Wong! I don't want to raise my voice.

Don Farrell (SA, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Think about it!

Scott Ryan (President) Share this | Link to this | Hansard source

That was not helpful, Senator Farrell, albeit slightly amusing.

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

I know much is said about ISDS provisions. I think it is important for people to understand that they do provide protections to Australian investors operating overseas. They safeguard the operation for those Australian investors. ISDS provisions have long been a feature of investment agreements that Australia has negotiated with many other countries over a long period of time and, in fact, in 30 years of use, there has only ever been one claim made against Australia in relation to utilising ISDS—

Kim Carr (Victoria, Australian Labor Party, Shadow Minister for Innovation, Industry, Science and Research) Share this | Link to this | Hansard source

For tobacco! You want tobacco.

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

Senator Carr is right. It is in relation to tobacco and that claim was thrown out. That claim was rejected and found to not be within jurisdiction—

Rex Patrick (SA, Centre Alliance) Share this | Link to this | Hansard source

Mr President, on a point of order. The question was: did you do a deal with the Labor Party on the TPP?

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

What about the deal you did with Mathias? You come in here and talk about deals!

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Wong! Senator Macdonald, on a point of order?

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

Mr President, Senator Wong continually ignores your rulings. Are there special rules just for Senator Wong that only apply to her and not to the rest of us? She continually ignores your rulings and you should bring her to order.

Scott Ryan (President) Share this | Link to this | Hansard source

I think you heard me do so at the time.

Senator Kim Carr interjecting—

Senator Carr, while I'm ruling! I was actually doing that at the time, prior to you raising the point of order. I remind all senators to at least remain silent while I am speaking.

Senator Wong interjecting—

Senator Wong!

Senator Williams interjecting—

Senator Williams, I'm capable of—

Senator Sterle interjecting—

You're not drafted here, Senator Sterle. You're free to leave. On the point of order, Senator Patrick, I cannot instruct the minister how to answer the question. He was being directly relevant to part of the question asked.

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

As I was saying, only one claim has ever been made and that was indeed thrown out and found to be without jurisdiction. More broadly I would note that such provisions do provide very clear safeguards so that Australian governments can continue to legislate in relation to our Pharmaceutical Benefits Scheme, environmental standards and other public interest matters.

Honourable senators interjecting—

Scott Ryan (President) Share this | Link to this | Hansard source

Order! I'm not going to call Senator Gallacher until there is silence in the chamber.