Chapter 4
Conclusions
4.1
In this committee's experience, the identification and practical
efficacy of the risk management measures to be applied to the import of any
given product are often a source of contention and frustration for
stakeholders. The frustration experienced by these groups stems in no small way
from the fact that the development of risk management measures begins within
the consultative environment of the IRA process, but is completed after the IRA
process has been finalised, as part of confidential government-to-government
negotiations.
4.2
The committee notes that stakeholders to the Import Risk Analysis for
the importation of bananas from the Philippines have a clear set of
expectations of the IRA process:
- that the analysis that underpins the risk analysis process is
thorough, robust and transparent and based on accurate and up to date
information;
- that the specific risk management measures to be adopted are
known and that the efficacy of these measures has been assessed during the
consultative forum of the IRA process based on relevant laboratory and field
data from the Philippines; and
- that the supervision of implementation of the import protocols by
AQIS will be capable of identifying non-compliance in real time and remedying
this in a manner that ensures contaminated fruit does not pass through the
export pathway.
4.3
The committee considers that these are reasonable expectations.
4.4
The committee considers that the analysis of possible risk management
measures in the final IRA report is, in essence, hypothetical. The analysis of
the measures is not based on current laboratory or field trials in the
Philippines and the measures have not been tested under commercial conditions.
The final IRA report makes certain findings regarding a range of possible
measures, but does not preclude any measure or combination of measures if it
can be demonstrated that a measure or measures would achieve Australia's
acceptable level of protection.
4.5
The actual risk management measures that will be applied will be proposed
by the Philippines. The testing of their efficacy will be a matter for the
Philippines in the first instance after which AQIS, in consultation with BA,
will determine if the measures will meet Australia's ALOP. This process of
negotiation will be considered at a government to government level and input
from the industry will be limited to the provision of expertise on a
consultancy basis, at the discretion of AQIS and BA.
4.6
Stakeholders clearly expect the final IRA report to be more definitive
with regard to risk management measures and how they are to be implemented. It
is no doubt frustrating for stakeholders to note that while the final IRA
report may conclude that a particular risk management measure is not feasible,
the report does not preclude such measures as options the Philippine's
government may use.
4.7
The committee considers that the wording of the IRA Handbook and the
final IRA report raise the expectation that specific recommendations regarding
the efficacy of possible risk management measures will be made in the IRA
report. The committee considers that the Australian banana industry should have
a role in the assessment of the feasibility and efficacy of the specific risk
management measures. The committee does not consider that the hypothetical
analysis offered by this IRA meets this expectation.
4.8
It is the committee's view that BA should have assessed the efficacy of
the possible risk management measures during the IRA process so that it could
have specified what measures should be taken to reduce the risk of pests and
diseases to an acceptable level as required by the IRA Handbook.
4.9
The committee notes that development of a detailed operational work plan
between Australia and the Philippines which will underpin the compliance regime
for the importation bananas will also be developed at a government to
government level. This work plan will need to be approved by AQIS before any
import permits for importation of bananas from the Philippines to Australia can
be approved.
4.10
Stakeholders expect to have a role in testing the practicality of the
risk management measures and the operational work plan and expect to be able to
do this on the basis of current data. Stakeholders therefore consider that they
have been denied the opportunity to have input into critical steps in the process
for the importation of bananas from the Philippines.
4.11
The committee notes that the findings reflected in the final IRA report
will form the basis of AQIS and BA's analysis of both the risk management
measures and the operational work plan proposed by the Philippines. It is vital
therefore that the final IRA report should reflect a high degree of rigour at
all levels: administrative, scientific and economic.
4.12
The committee has noted that despite apparent gaps in the analysis of the
risks associated with the importation of bananas from the Philippines, the IRA
report appears to support their importation. The committee has also noted that
one member of the IRA team sought to amend the final recommendation of the IRA
report to reflect a position that a decision on the importation of bananas from
the Philippines should be deferred until the Philippines is able to demonstrate
the capacity to achieve Australia's ALOP.
4.13
In these circumstances, the committee finds that the Director of Animal
and Plant Quarantine's policy determination in relation to the importation of
bananas from the Philippines was based on the consensus view of the IRA team as
expressed in the final IRA report. However, the committee is mindful that one
member of the IRA team has expressed concerns that the IRA report does not
reflect his understanding of the IRA team's finding.
4.14
The committee also observes that in this particular IRA, the paucity of
current data to enable modelling of the impact of different measures and
operational arrangements based on the actual conditions in the field in the
Philippines has diminished stakeholder confidence that the measures ultimately
adopted will be sufficiently robust.
4.15
The committee notes that the final IRA report reflects a significant
amount of research, analysis and consultation over a number of years. The
committee considers it regrettable, therefore, that stakeholders should
continue to doubt that the final IRA report provides an appropriate platform
from which to develop the risk management measures and operational arrangements
on which Australia's pest and disease free status depends. If stakeholders do
not have confidence in the final IRA report it is not surprising that they have
serious concerns about the subsequent steps in the process.
4.16
The committee considers that some of the concerns raised by stakeholders
could be alleviated to some extent if the findings in the IRA report were
expressed more clearly. The committee notes BA's statement that the final IRA
report is very clear in identifying pest thresholds and risk management
measures. However, the committee finds the final IRA report a complex document
to navigate and this, together with some ambiguities in expression, appear to
lie at the heart of some of the frustrations expressed to the committee during
this inquiry.
4.17
The committee notes that recommendations are not always clearly
expressed or identifiable in the report. The committee also notes that it is
not always clear to what extent the Australian and Philippine governments are
bound by the findings in the IRA in determining the combination of mitigation
measures or even the extent to which they are bound to adopt a systems approach
over a single measure.
4.18
The committee considers that BA should give consideration to the role
that it can play in managing stakeholder expectations throughout the IRA
process. The committee considers that a review of the form in which information
is conveyed to stakeholders and reflected in the final IRA report could
contribute significantly to a clearer understanding of, and confidence in, the
IRA process and the findings that are drawn from it.
4.19
The committee notes that the Independent RA Appeals Panel (IRAAP)
appears to have reached a similar conclusion:
The IRAAP noted that any consideration of the merits of such
risk management recommendations made by an IRA team or of the risk management
conclusions reached by Biosecurity Australia are outside the IRAAP's terms of
reference. However, the IRAAP suggested that Biosecurity Australia give consideration
to the clarity with which risk management measures and recommendations are
presented in future Final IRA reports.[1]
4.20
The committee concurs with the IRAAP suggestion regarding the clarity
with which risk management measures and recommendations are presented in future
final IRA reports. The committee considers that the IRA Handbook should also
specify an appropriate level of detail to be provided in recommending
parameters or conditions for import in a final IRA report.
Recommendation 1
4.21 The IRA Handbook should be reviewed to clarify the level of detail to be
provided in relation to recommending parameters or conditions for import in a
final Import Risk Analysis report.
4.22
The committee accepts that the opportunities to influence this particular
IRA process are now limited given that Australia's Director of Animal and Plant
Quarantine has determined a quarantine policy for the importation of bananas
from the Philippines.[2]
The consultative phase of this IRA has concluded. The committee is concerned
that the only avenue for review open to stakeholders from this point appears to
be judicial review under the Administrative Decisions (Judicial Review) Act
1977 in relation to an individual import permit decision taken by the Director
of Animal and Plant Quarantine. The committee is mindful that some members of
the industry are concerned that they may not have timely access to information
to enable them to consider whether or not to pursue this avenue.
4.23
Nevertheless, the committee considers that, before any permit for the
importation of bananas from the Philippines is granted, the risk management
measures and operational work plan must be subject independent scrutiny.
Recommendation 2
4.24 The committee therefore recommends that the Senate order that, prior to
the approval of any import permits for bananas from the Philippines into
Australia, the Australian Quarantine and Inspection Service (AQIS), in
consultation with Biosecurity Australia, shall provide the Senate Rural and
Regional Affairs and Transport Committee with a report on:
- the phytosanitary risk management measures to be implemented by
the Philippines together with the analysis undertaken to verify the efficacy of
these measures under commercial conditions;
- the administrative requirements upon which these phytosanitary
risk management measures rely, including:
- the operating manual, work plan and certification system;
- the requirements for registration of plantations or blocks within
plantations supplying bananas for export to Australia;
- the pre-clearance arrangements to be administered by AQIS; and
- the audit program to be administered by AQIS.
- the plantation requirements for plantations/blocks registered for
export to Australia;
- the packing station requirements; and
- the audit and compliance monitoring procedures to be implemented.
Recommendation 3
4.25 The committee recommends that in the event of an import request by the
Philippines Government or a Philippines import proponent, a formal and structured
process be established by the Director of Animal and Plant Quarantine to
provide Australian banana growers with meaningful consultation in relation to
the assessment of the efficacy of the possible risk management measures and,
consequently, the determination of the risk management measures.
Recommendation 4
4.26 The committee recommends that, in the event of the issue of an
import permit, representatives of the Australian banana industry are promptly
notified of that fact, excluding information which is commercial-in-confidence.
Recommendation 5
4.27 The committee recommends that the Senate order Biosecurity Australia and
AQIS to undertake a review of the import requirements for bananas from the
Philippines after the first year of trade and to provide a report of this
review to the Senate Rural and Regional Affairs and Transport Committee.
Senator
Fiona Nash
Chair
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