Recommendations
Recommendation 1
3.60 The committee recommends that parliamentarians
and their principal advisers be granted access to draft treaty text upon
request and under conditions of confidentiality throughout the period of treaty
negotiations. The committee recommends that the government provides an access
framework and supporting administrative arrangements.
Recommendation 2
3.88 The committee recommends that the Joint Standing
Committee on Treaties adopt a process of ongoing oversight of trade agreements
under negotiation. This process is to include:
-
private briefings from the Minister for Trade and Investment
and the Department of Foreign Affairs and Trade under conditions of
confidentiality at key points during negotiations;
-
consultation with stakeholders with confidential access to
negotiating texts, to enable JSCOT to form an evidence-base for its oversight
work;
-
writing to the minister and inviting the minister to respond
to its concerns; and
-
a summary of its ongoing oversight role, including relevant
correspondence with the minister, as an annex to its public report on the
agreement.
Recommendation 3
3.90 The committee recommends that the Parliamentary
Joint Committee on Human Rights consider the human rights implications of all
proposed treaties prior to ratification and report its findings to parliament.
Recommendation 4
4.63 The committee recommends that on entering treaty
negotiations, Australia seeks agreement from the negotiating partner(s) for the
final draft text of the agreement to be tabled in parliament prior to
authorisation for signature. In the absence of agreement, the government should
table a document outlining why it is in the national interest for Australia to
enter negotiations.
Recommendation 5
4.66 The committee recommends that, subject to the agreement
of negotiating countries, the Department of Foreign Affairs and Trade publish
additional supporting information on treaties under negotiation, such as plain
English explanatory documents and draft treaty text.
Recommendation 6
4.72 The committee recommends that stakeholders with
relevant expertise be given access to draft treaty text under conditions of
confidentiality during negotiations. The committee recommends that the government
develop access arrangements for stakeholders representing a range of views from
industry, civil society, unions, consumer groups, academia and non-government
organisations.
Recommendation 7
5.28 The committee recommends that the government,
prior to commencing negotiations for trade agreements, tables in parliament a
detailed explanatory statement setting out the priorities, objectives and
reasons for entering negotiations. The statement should consider the economic,
regional, social, cultural, regulatory and environmental impacts which are
expected to arise.
Recommendation 8
5.31 The committee recommends that a cost-benefit
analysis of trade agreements be undertaken by an independent body, such as the
Productivity Commission, and tabled in parliament prior to the commencement of
negotiations or as soon as is practicable afterwards. The cost-benefit analysis
should inform the government's approach to negotiations.
5.32 The committee further recommends that:
-
treaties negotiated over many years be the subject of a
supplementary cost-benefit analysis towards the end of negotiations; and
-
statements of priorities and objectives and cost-benefit
analyses stand automatically referred to the Joint Standing Committee on
Treaties for inquiry and report upon their presentation to parliament.
Recommendation 9
5.35 The committee recommends that the government
develop a model trade agreement that is to be used as a template for future
negotiations. The model agreement should cover controversial topics such as
investor-state dispute settlement, intellectual property, copyright, and labour
and environmental standards and be developed through extensive public and
stakeholder consultation.
Recommendation 10
5.57 The committee recommends that National Interest
Analyses (NIAs) be prepared by an independent body such as the Productivity
Commission and, wherever possible, presented to the government before an
agreement is authorised by cabinet for signature. NIAs should be comprehensive and
address specifically the foreseeable environmental, health and human rights
effects of a treaty.
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