5 years ago
LABOR GIVEN TPP-11 LIFELINE
Senator Rex Patrick
Senator Rex Patrick is calling on the Labor party to back Centre Alliance amendments to the TPP-11 enabling legislation which will ensure that harmful ISDS clauses do not apply and that labour market testing is not waived under the trade agreement.
The amendments give effect to Labor’s National Platform, something Bill Shorten and his parliamentary party have decided to cast aside.
"It is quite apparent that despite calls from unions and renewed pressure from some in Labor's left faction, the Labor party will not back down from supporting the TPP-11 agreement as it stands, even with harmful ISDS clauses and labour market testing exemptions in place," said Rex.
"This is why I will be moving two key amendments to the enabling legislation when the Senate resumes later this month."
The first amendment will prevent the three key pieces of enabling legislation for the TPP-11 from commencing until bilateral side letters are exchanged between Australia and each other party to the Agreement agreeing that:
- Chapter 9 of the Agreement, which deals with Investor-State disputes, does not apply in relation to an investment in Australia; and
- Labour market testing must occur in relation to contractual service suppliers entering, or proposing to enter, Australia from the other Party.
"Centre Alliance, unlike Labor, believes that these issues need to be addressed before the TPP-11 comes into force, not after," said Rex.
If these commencement date amendments are unsuccessful, alternative amendments will be moved to include a sunset clause so that unless bilateral side letters are exchanged relating to ISDS provisions and labour market testing by 1 January 2020 the legislation will automatically be repealed.
The fall back amendments allow the TPP-11 to enter into force but signals to the other countries that Australia is planning to remove ISDS clauses and reinstate labour market testing. This reflects the Labor party’s recently announced plans to change the TPP-11 if they are successful at the next election and acts as a safety valve if they are not elected.
"Labor has the numbers in the Senate to stop the TPP-11 coming into effect until after the cancer is cut out of the agreement. Labor has the numbers in the Senate to legislate its recently announced intention to have the bad parts of the TPP-11 removed next year, irrespective of the election outcome. The question is, does Bill Shorten have the courage of his convictions or will he defy Labor party policy?"