CFA Submission to Inquiry into the Commonwealth`s Treaty

 PO Box 16193 Collins Street West VIC 8007 Committee Secretary Standing Committee on Economics PO Box 6021 Parliament House Canberra ACT 2600 By email: economics.reps@aph.gov.au CC: Hon. Andrew Robb, Minister for Trade and Investment RE: Endorsement of CHOICE’s submission to the inquiry into the Commonwealth’s treaty-­‐making process. To the Senate Standing Committees on Economics, The Consumers’ Federation of Australia (CFA) is the peak body for consumer organisations in Australia. CFA represents a diverse range of consumer organisations, including most major national consumer organisations. On behalf of CFA, I wish to provide our endorsement for the recommendations in the CHOICE’s submission for improving transparency and openness in treaty negotiations. Providing the public with access to documents will improve the outcomes of trade negotiations, by imbuing the negotiation process and final agreement with greater legitimacy and public trust. The evolution of the public consultation process in Europe for the Trans-­‐Atlantic Trade and Investment Partnership negotiations demonstrates it is possible to release information, including proposals and policy positions, regarding sensitive and complex international treaties. If it can be done in Europe, it can and should be done here. We are also concerned with the trend towards including “investor-­‐state dispute settlement” (ISDS) clauses in agreements. These clauses provide foreign investors with an avenue for lodging disputes with the Australian government in the event that an administrative or legislative decision impacts on their profits. We oppose the inclusion of ISDS in agreements. It is not a necessary mechanism between nations that operate under a strong rule of law, and the risks of agreeing to an ISDS clause are significant. However, in instances where ISDS is included then careful consideration must be given to the construction of these clauses to ensure that the right to create legislation in the public interest is protected. We urge the Committee to adopt the recommendations in CHOICE’s submission, and particularly call for releasing the text of agreements at the earliest stage possible so as to encourage genuine and useful public consultation. Yours sincerely, Jo Benvenuti Chair Consumers’ Federation of Australia