Australia’s hand in what is potentially the world's largest free trade agreement remains hidden from the public.
On Wednesday, the government was asked to update the Senate of Australia’s negotiations in the Trans-Pacific Partnership, which governments are discussing behind closed doors.
Liberal Senator Marise Payne used a to spruik the need for secrecy and said the negotiations were at “an advanced stage”.
“The 12 TPP parties have agreed to keep the negotiating documents, including the text, confidential. Preemptive and unilateral release of such confidential information would damage Australia's standing as a negotiating partner,” Senator Payne said.
She assured the Senate the TPP would be made public and placed under parliamentary scrutiny when the nations involved have agreed on the final terms, before the Australian government signs off on the agreement.
The statement to the Senate was made on behalf of Trade Minister Andrew Robb.
Mr Robb was unavailable for interview Friday, but his spokesperson said the need for tight lips was important for Australia’s position in negotiations.
When asked about the release of information about the "advanced stage" agreements, the spokesperson said no definite date was known, but there were hopes to finish negotiations in around two months.
When asked about the need for transparency, the spokesperson said there had been more than 700 consultations with stakeholders.
On Thursday, to the previous day’s statement by Senator Payne, Opposition Leader in the Senate Penny Wong said the statement made the TPP’s content no clearer to the Australian people.
“My view is—and I say this as someone who is pro-trade—that the government should engage with the community, explaining and defending its position on these difficult issues before signing an agreement on behalf of the Australian people,” Senator Wong said.
Senator Wong’s government under Julia Gillard also failed to release information relating to the TPP.
In 2011, Labor against a Greens motion to reveal the TPP draft text. Labor a similar Greens motion in October last year. No Senator voted against their party in either vote.
Mr Robb’s spokesperson said it was Labor who signed up to the terms and conditions under the TPP.
The secrecy in Gillard's time prompted an from the Australian Fair Trade and Investment Network, representing more than 30 Australian organisations, asking for more transparency.
The from AFTINET sent in January to Andrew Robb, has even more organisations calling for greater transparency.
A similar trade deal between the European Union and the United States, the Transatlantic Trade and Investment Partnership, has public scrutiny since the regularly publishes documents about the agreement.
“The European Commission is negotiating TTIP as openly as possible,” their website says.
The TPP's potential benefits
The agreement involves some of the world's largest economies, including the US, and the states involved accounted for of global gross domestic product in 2013.
Those countries are - Japan, US, New Zealand, Malaysia, Singapore, Vietnam, Mexico, Canada, Peru, Brunei, Chile and Australia.
The Department of Foreign Affairs and Trade website says the key interests and benefits for Australia are potentially stronger relationships between trading partners, greater exporting opportunities, certainty of agreements with countries Australia does not currently have agreements with, improvements for Australia's services sector and greater outcomes for electronic commerce.
Concerns for the TPP
The Australian Medical Association vice president, Doctor Stephen Parnis, recently said the TPP was potentially a risk to public health, in an article published in the (MJA).
“There must be a greater degree of transparency; we can’t simply accept assurances from the government that health won’t be compromised. The specifics really matter here”, Dr Parnis told MJA.
Dr Parnis said the conflict between business interests and health had been seen before, citing a tobacco company's over plain packaging laws in the High Court.
Little is publicly-known about the TPP’s content, despite its “advanced stage”, or what legally-binding clauses it may contain.
A for all 12 nations in the TPP says member states must enforce laws to protect copyright and trade secrets.
“Each Party shall limit the liability of, or the availability of remedies against, internet service providers [when acting as intermediaries], for infringement of copyright or related rights that take place on or through communication networks, in relation to the provision or use of their services,” the leaked draft document says.
Other concerns include effects on Australia’s Pharmaceutical Benefits Scheme, and erosion of employee rights.
The agreements are believed to contain a clause that could allow corporations to sue Australia for financial damages relating to changes in legislation.
