PNCC Cr. Leonie Hapeta (National) has kindly offered to put my questions regarding the TPPA to Tim Groser for me. Im very much looking forward to some straight answers. At the moment I am extremely worried that Cabinet will both sign & ratify the agreement & our Democracy will be gone. Questions for Hon. Tim Groser: 1. Why cant NZers & Parliament see the texts after negotiation has finished but BEFORE they are signed? 2. Given the TPPA is mostly NOT about traditional kinds of trade so it affects much more domestic regulation - wouldnt it be better for it to be fully scrutinised by full Parliament and dealt with like domestic legislation? 3. Why isnt MORE expert scrutiny better for NZ when there is so much that is new in this agreement and the implications are so far reaching? 4. How many of those doing the negotiations are lawyers with qualifications in Trade Law, International Treaties, Investment Arbitration and the areas of Domestic Law that will be affected? 5. Given the expected massive size of the TPPA texts, with many appendixes, it would take many months to fully scrutinize, discuss & make comments on the texts. Public submissions may need longer still. Will this time be provided before NZ is committed to adopt it? How much time will be allowed? (Im envisaging it will need at least 6 months, maybe longer). 6. What kind of National Interest Analysis will be conducted, and will it be independent of the officials who negotiated the agreement? Will it be prepared before the agreement is actually signed? Will there be opportunities for others to contribute to and debate the NIA at a stage before the agreement is signed? 7. When New Zealand comes to ratify the agreement, who does this? Does this mean the full Parliament decides? Or a full NZ referendum so NZ has a true voice? If not, why not? 8. Given the 4 years of negotiations, has the USA or Japan made any definite promises about letting our Dairy into their countries? If so, is it a significant amount? If they dont, will you really walk away? 9. What compromises has the USA made, to our benefit? 10. Given the amount of litigation, & the $billions it has cost countries under ISDS provisions-why has NZ not taken the same position as Australia did and said it will not apply to NZ? 11. Geoff Bertram & other economists say the benefits may be very small, many legal professionals (100 signed the open letter) say the risks are very high. This sounds like something too important to pass through what is essentially a loophole provided for international treaties. It seems it could override democracy. Do you believe that democracy is important? 12. If a referendum is called on the TPPA &/or NZers say they dont want it, will you (as our NZ representatives) listen, & walk away? 13. If this deal is signed before NZ or Parliament sees it, but before ratification, can we go back on the signing, & decide against it- A.) if the answer is yes what does the signing actually mean? B.) if not, is this democratic? How do we have a meaningful say in the process? 14. If this deal is signed & ratified by Parliament will it impact on our current Domestic laws? Will it restrict what laws we can adopt in the future, even if a government has been elected on a promise to introduce them? How? Can we refuse to let that happen? 15. If signed & ratified can we or future Governments back out of the deal without penalty? If not, what penalties can be imposed? 16. How long will this treaty last?
Posted on: Sat, 15 Mar 2014 12:02:47 +0000
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