Labour and New Zealand First have called for the Government to release the full text of the Trans-Pacific Partnership (TPP) free trade agreement before it is signed by Cabinet to enable "full and open public debate" on whether the deal is in New Zealand's best interests.
Labour leader David Cunliffe said he would be asking Parliament today to agree to the release of the agreement text once the ongoing negotiations were concluded, warning there could be "definite downsides" to the deal such as increased prices for medicines and the potential for tobacco companies to sue the Government for regulating the packaging of tobacco.
"This is not just a trade agreement, this is a behind-the-border economic agreement as well, so it has deep domestic economic implications including the potential ability to fetter future governments," Cunliffe told reporters before Labour's weekly Parliamentary caucus meeting.
Cunliffe said Labour was reserving its position on the TPP until it could "see the facts and the fine print" and would sign it only if it was in NZ's best interests.
He rejected Prime Minister John Key's argument that the Government had briefed Labour's trade and foreign affairs spokespeople on the TPP, saying the detail of the deal needed to be in the public domain and that Labour did not have access to the full text of the draft agreement.
The decision by the Government to delay the passing of the Smoke-free Environments (Tobacco Plain Packaging) Amendment Bill, due to be introduced to Parliament today, was described as "regrettable" by Cunliffe, who said it might be wiser to pass legislation before any TPP agreement came into force.
The Government has said it will wait until a legal challenge by tobacco companies of Australia's own plain packaging laws is settled in order to make last minute changes to limit NZ's exposure.
Cunliffe said it was "unlikely, or less likely" that a TPP agreement would be retrospective.
"Imagine the difficulty of signing a retrospective instrument that gave corporates the right to sue the NZ government", he said.
"We support the (plain packaging) legislation and it would be my preference that it was passed sooner rather than later. If the TPP exposed NZ to liabilty in that matter it would expose NZ to liabaility in any similar matter and you would have to question if that was an agreement we should sign."
Parliamentary move blocked
The Government did not agree to Labour's motion for disclose the text.
Cunliffe said in a later statement he was disappointed.
“Public concern about these negotiations is growing. This is another example of the Government that has stopped listening to New Zealanders and is arrogant and out-of-touch," Cunliffe said.
Key says TPP process same as China FTA
Key was later challenged by New Zealand First Leader Winston Peters in Parliament about releasing the text of any deal before it was signed. He pointed to moves by the European Union Parliament to release the text of an investment chapter of a similar free trade deal being done with America. The video of the exchange is above.
Key said all 12 nations negotiating the TPP had agreed to keep the text secret. He said disclosing the text could give other countries an advantage.
Peters then asked why TPP negotiations were secret, when World Trade Organisation deals were made public. He also asked
Key said any TPP agreement would require legislation so would therefore go through the select committee process, and would receive consultation then.
Key also said New Zealand's negotiators had conducted a proactive consultation process with Health Boards, business groups, councils, unions, academics and opposition parties.
Peters said the United States of America and Malaysia had also briefed their parliamentarians on the details of the TPP drafts well before any agreement had been reached.
“The Prime Minister is misleading when he says the public will have the chance to have their say on the content of the TPP during the select committee process. They will have their say over the associated legislation that New Zealand will have to implement to agree to the terms of the TPP. But they will not get a say on the text of the treaty as that will have already been ratified by Cabinet,” Peters said.
(Updated with later statement, video and parliamentary exchange)
6 Comments
From what I have read on some of the European Free Trade type agreements, they are above each countries law. Meaning that once in place corperate businesses can potentually sue country to enforce their commercial agenda under the guise of free trade.
It is a step towards a global ecconomy which would be regulated by an unknown free trade corperate lobby with little regard as to the sovereign rights of each country.
Conspiracy alarmists make your stand.
Any such trade agreement need to be published to all us folks. And government information sessions including road shows well before Parliament considers it.
It will be complex and we will need time to sort through all the wrinkles
You have to think of the reasons some would like it kept secret. It's not because its full of things we will like.
I can't remember who said it, but here's the best quote I've read regarding free trade: "If a free trade agreement is more than a page long, it is not a free trade agreement. It is a managed trade agreement."
I am in favour of genuine free trade, but I have no doubt the US will continue with massive corporate welfare to its farmers, as well as other dirty tricks. If so I suggest the other countries kick it out from the talks.
Let's not forget we already have free trade agreements with our two biggest trading partners, Australia and China. The US is a big country but trade-wise it's not as important to us as you might think.
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