1.1
The Minister for Foreign Affairs, Senator the Hon Marise Payne, wrote to the Joint Standing Committee on Treaties (JSCOT) on 22 May 2020 asking it to undertake an inquiry into certain aspects of the treaty-making process in Australia including:
1.2
The inquiry was advertised on the Committee’s website from 15 June 2020 and a media release announcing the inquiry was issued on 17 June 2020. Submissions were requested by 31 July 2020. The Committee received 16 submissions, which are listed at Appendix A.
1.3
The Committee held two public hearings in Canberra on 24 August and 31 August 2020 via teleconference. The transcripts of evidence from the public hearings may be obtained from the Committee Secretariat or accessed through the Committee’s website. Names of witnesses who appeared before the Committee are listed at Appendix B.
1.4
Since the reforms of 1996 that provided a greater formal role for the Parliament in overseeing treaties and treaty-making through the creation of JSCOT, there have been a number of parliamentary committee reports concerned with the treaty-making process in Australia. These reports have provided recommendations to the Government for improvements to this process. JSCOT itself has made recommendations in eight reports between 2010 and 2019 and the Senate Foreign Affairs, Defence and Trade Committee (SFADTC) in five reports between 2003 and 2018.
1.5
As a result, the various perspectives and concerns regarding the treaty-making process have been well canvassed in recent years. Rather than seeking to re-litigate such debates, the Committee sought to identify and provide constructive recommendations for improvement to the process, whilst recognising that the prerogative to negotiate and conclude treaties remains, under Australian constitutional arrangements, the fundamental preserve of the executive arm of government.
1.6
This report draws on and reflects the evidence received during previous inquiries. It also examines previous recommendations and government responses in an effort to propose workable solutions and improvements.
1.7
Chapter two of the report provides a current and practical overview of the rules and conventions that govern the operation of JSCOT in reviewing proposed treaty actions, including trade treaties.
1.8
Chapter three examines the consultation process undertaken by DFAT with regard to trade agreements and the level of detail made available regarding such agreements before and during the negotiation phase.
1.9
Chapter four considers the effectiveness of independent analysis in informing negotiation and consideration of trade agreements.