Peter Whish-Wilson voted very strongly for greater public scrutiny of the Trans-Pacific Partnership negotiations

The Senate voted 33 to 27 in favour of a motion calling on the government to release the Trans-Pacific Partnership Agreement to the Productivity Commission for a full review before it is introduced into the House of Representatives or the Senate.

The motion in its entirety was as follows:

That the Senate—

(a) notes that:

(i) on 6 October 2015, 12 Pacific-rim countries signed the Trans-Pacific Partnership Agreement,

(ii) to date the text of the Agreement has not been made public, and

(iii) on 24 June 2015 the Productivity Commission released its Trade and Assistance Review 2013-14, which stated 'the emerging and growing potential for trade preferences to impose net costs on the community presents a compelling case for the final text of an agreement to be rigorously analysed before signing'; and

(b) calls on the Government to refer the text of the Agreement to the Productivity Commission for a full-scale review prior to the Agreement's implementing legislation being introduced into the House of Representatives and the Senate.

The motion was introduced by independent Senator Nick Xenophon on behalf of a cross-party group of Senators: Xenophon, Dio Wang, Palmer United Party Senator for Western Australia; Glenn Lazarus, Independent Senator for Queensland; Ricky Muir, Australian Motoring Enthusiast Party Senator for Victoria; and Peter Whish-Wilson, Australian Greens Senator for Tasmania.

The majority voted in favour of a motion to call on the Government to, among other things, "request that the Productivity Commission undertake a comprehensive socio-economic cost-benefit inquiry into the impact of the TPP on Australia".

Motion text

That the Senate—

(a) notes that the Malaysian Government:

(i) is undertaking a cost-benefit analysis of the impact of the Trans-Pacific Partnership Agreement (the Agreement) to inform its cabinet and parliamentary decision making processes prior to signing any deal, and

(ii) is stating that they will not sign the Agreement unless it proves to be in Malaysia's interest to do so; and

(b) calls on the Australian Government to request that the Productivity Commission undertake a comprehensive socio-economic cost-benefit inquiry into the impact of the TPP on Australia; and

(c) reiterates the order of the Senate agreed of 11 December 2013 requiring the Minister representing the Minister for Trade to table the full text of the Agreement at least 14 days before signing.

The motion put by Senator Urquhart on behalf of Senator Wong relates to the Trans-Pacific Partnership trade deal and asks that the public be kept more informed of details of the current negotiations. The motion draws attention to a 2013 Senate order requiring that details in this type of trade agreement be made public a minimum of 14 days before being signed, which would require a statement by 4pm 12/2/2015 in this case.

Motion:

(a) the Senate—

(i) notes the Abbott Government's failure to keep Parliament and the public informed of the nature and progress of its trade negotiations,

(ii) expresses concern that the Abbott Government's lack of transparency diminishes industry and community engagement and undermines support for trade liberalisation,

(iii) draws to the attention of the Minister representing the Minister for Trade and Investment the order of the Senate of 11 December 2013 requiring bilateral and plurilateral trade agreements to be tabled at least 14 days before signing, and

(iv) requires the Minister representing the Minister for Trade and Investment to make a statement in the Senate on the status of negotiations on the proposed Trans-Pacific Partnership no later than 4 pm on Thursday, 12 February 2015;

(b) at the conclusion of the statement a senator may move to take note of the statement; or

(c) if no statement has been made by the Minister representing the Minister for Trade and Investment by 4 pm on Thursday, 12 February 2015, the Leader of the Opposition in the Senate (Senator Wong) may immediately move a further motion relating to the Minister's failure to comply.

The majority disagreed that the Minister for Trade and Investment and the Department of Foreign Affairs and Trade should give members of Parliament access to the draft text of the Trans-Pacific Partnership Agreement. Greens Senator Peter Whish-Wilson had proposed this.

Background to the motion

The Australian Parliament will not be able to see the final text of the Trans-Pacific Partnership Agreement until after it is signed. This is unlike the United States Congress and the Malaysian Parliament, who are allowed access to the draft text before their countries sign it.

Motion

Senator Peter Whish-Wilson moved that:

That the Senate—

(a) notes members of the:

• (i) Australian Parliament will only be allowed to see the final text of the Trans Pacific Partnership Agreement (the Agreement) once it has been signed,
• (ii) United States of America Congress are allowed access to the Agreement draft text, and
• (iii) Malaysian Parliament will be shown the draft text prior to Malaysia signing the Agreement; and

(b) calls on the Minister for Trade and Investment and the Department of Foreign Affairs and Trade to allow members of Parliament access to the Agreement draft text.