Additional Comments from Senator David Pocock

1.1I thank the committee for the opportunity to provide additional comments.

1.2I join the committee in expressing great concern that the Australian Association of Convenience Stores (AACS) and Master Grocers Australia (MGA) did not provide answers to written questions on notice concerning their financial relationships with the tobacco and e-cigarette industries.

1.3I also note that the Chair requested that this information be provided as part of their appearance at the public hearing, but both organisations failed to do so both at the hearing and in the weeks following.

1.4I raise particular concerns with AACS’ justification that, among other things, ‘...it is not relevant to the submission AACS has made to the Senate Inquiry’.

1.5It is not for AACS to determine what is relevant to the Senate, and its committees, in its consideration of legislation, its questioning of witnesses or its interrogation of evidence.

1.6The Senate has the power to ask for this information and failure to provide it shows disrespect for the role and the authority of the Senate, bordering on contempt.

1.7These matters are relevant, as Australia has clear obligations under the World Health Organization Framework Convention on Tobacco Control (WHO FCTC) to protect public health policies from the influence of Big Tobacco and other vested interests.

1.8As is stated in Article 5.3 of the WHO FCTC:

In setting and implementing their public health policies with respect to tobacco control, Parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law.

1.9It is difficult for the Senate to understand whether entities have vested interests in the tobacco or e-cigarette industries if those entities are not forthcoming with information on the scope and scale of their relationships with those industries.

1.10I also note that AACS did not fully answer my questions about their employment of people from the tobacco industry.

1.11I asked whether any role being filled by a former employee of the tobacco industry had been paid for by the tobacco industry, either directly or through an agreement with that industry to direct membership fees toward funding that position or positions. While they did say that there was no agreement that membership fees be used for any particular purpose, they failed to answer whether the position - the services of a person who had formerly or potentially concurrently worked within the tobacco industry - had been funded directly by a member of Big Tobacco.

1.12Finally, AACS further failed to answer questions around whether it made any political donations in the past three years.

1.13While historical information is available on the Australian Electoral Commission’s website, donations are not disclosed in real time, and it is possible that donations have been made since the last period of annual returns and since this legislation was proposed or entered into the Parliament.

1.14I encourage both witnesses to provide full answers to the questions that both myself and the Committee have put to them, in the interests of transparency and in assisting the Senate in ensuring Australia does not fall foul of its obligations under the WHO FCTC.

1.15While I am open to critiques on the policy directions contained within this bill, and will assess these on their merits, stakeholders must be transparent on the scope and scale of their relationships with the tobacco and e-cigarette industries so that senators can remain vigilant for any disguised influence from these industries.

1.16I support the committee view that these bills should be passed without delay.

1.17The bills will assist Australia to remain a world leader in tobacco control, in pursuit of the worthy goal of reducing national daily smoking rates to below 5per cent of the population by 2030.

1.18The ongoing impact of tobacco use should not be underestimated, given that it continues to cause more deaths than any other behavioural risk factor.[1] In 2018, tobacco was estimated to have killed almost 20 500 Australians.[2]

1.19Legislation alone will not cut it, so I am pleased that the Australian Government has also made available additional funding to continue the Tackling Indigenous Smoking program, enhance quit support programs and establish new public awareness campaigns.

1.20I reiterate my support for ensuring that any new programs and campaigns are evidence-based and do not contribute to the stigmatisation of people that use tobacco.

1.21Australia has irreconcilable differences with the tobacco industry and its agents. They are seeking to profit from harming our friends, family and neighbours, while we must be resolute in preventing new generations from taking up smoking and supporting current generations to quit.

1.22The influence of Big Tobacco in Parliament - in the People’s House - should not be tolerated. This is counter to our international obligations under the WHO FCTC, it is out of step with community expectations and it is firmly outside the public interest.

1.23As such, I call for transparency around any and all passes to Parliament House held by corporate lobbyists, including members of the tobacco industry. Australians deserve to know who is walking the halls of Parliament.

1.24I also urge any political parties that may still be taking donations from Big Tobacco to stop and to make this a public commitment.

Senator David Pocock

Footnotes

[1]Australian Institute of Health and Welfare, Australian Burden of Disease Study 2018.

[2]Australian Institute of Health and Welfare, Australian Burden of Disease Study 2018.