CHAPTER 8

REPORT ON THE IMPORTATION OF COOKED CHICKEN MEAT INTO AUSTRALIA

CHAPTER 8

APPROPRIATE FRAMEWORK FOR ASSESSMENT AND CONSULTATION ON IMPORTATION DECISIONS

Introduction

Current approach to assessments of importation assessments

Committee observations

Consultation with Industry - Committee's 1995 AQIS Inquiry

Introduction

8.1 As part of this inquiry, the Committee examined the effectiveness of the consultative process between AQIS and the chicken meat industry on the 1991 and 1994 risk assessments and protocols. To some extent, this examination raised the same issues addressed by the Committee in its 1995 examination of AQIS.(1)

8.2 In this Chapter, the Committee makes a limited examination of how the possible importation of cooked chicken meat raises questions about two matters: consultation between AQIS and industry; in particular industry likely to be affected by an AQIS decision on an import risk assessment. Secondly, the Committee examined the assessment process leading up to a decision on an import application affecting an Australian industry is effected.

Current approach to assessments of importation assessments

8.3 The Committee does not at this stage given the short time-frame allowed for its inquiry suggest more than clarification of the current mechanisms under which the processing of applications for imports is made, and how these might be better or ideally managed.

8.4 The Committee quotes several exchanges in regard to this matter from Hansard, as they provide a picture, from officials' view, of how the assessment consultation process works.

8.5 In evidence to this Committee, on 22 October 1996, during examination of the AQIS estimates of expenditure for 1996-7, Mr Hickey set out how AQIS saw this process

8.6 In answer to later questioning from Senator Murphy - in relation to the application for importation of uncooked Pacific salmon - Mr Hickey again detailed the decision-making framework:

8.7 During his discussions with the Committee on 28 August 1996, Dr Gebbie of DPIE provided some further detail:

8.8 The picture presented by Mr Hickey and Dr Gebbie is - on the Committee's reading - a three stage process:

Committe observations

8.9 The Committee's principal observation is, in relation to the current processing of application for importation of salmon meat - and to some extent with the importation of cooked chicken meat - the second and third stages of this process are not combined, but may have become entwined by default. The result is a process which is confused and lacking in transparency and coherence to an outside observer.

8.10 It is essential, in the Committee's view that this process be clarified. It is now important, both from the point of view of Australian interests, and from the point of view of other countries, that the Australian assessment process be clear and well understood at all stages.

8.11 The Committee accordingly recommends that the Government provide the Parliament and the community with a clear explanation of the assessment process at the earliest possible time.

Consultation with Industry - Committee's 1995 AQIS Inquiry

8.12 In its 1995 AQIS report, the Committee discussed observations about the consultation processes followed by AQIS. In relation to evidence it had received the Committee had this to say about AQIS/industry consultations

8.13 The Committee was asked by the Senate to examine the administration and conduct of the importation of cooked chicken meat by AQIS and DPIE. During its examination, and reflecting on the conclusions drawn by the Committee in its 1995 AQIS Report, the Committee has again come to the conclusion that the role of consultation in the decision-making framework followed by AQIS and the Department needs to be fully explained to the Parliament and the community. Such an explanation by government will allow the stakeholders in any decision to be aware of the process that is being followed.

8.14 Having become aware of how the dispute resolution mechanisms contained in the SPS Agreement will operate, the Committee is concerned that the future course of import applications proceed in the knowledge by stakeholders of the process that will be followed. Where such process entails consultations with industry, they should be transparent.

8.15 In this regard, the Committee again draws the Government's attention to the proposal for Management Advisory Committees (MAC's) referred to in its 1995 AQIS Report(5)for comment, and if appropriate, for some consideration in the Government's response to that Report.

8.16 The Committee wishes to emphasise that its experience during this inquiry has reinforced its findings and conclusions in its 1995 AQIS report: that consultations do occur, they are of central importance to AQIS assessments, but to have credibility with participants in industries concerned with production of goods affected by possible imports, they must be transparent. The Committee looks forward to an early response by the Government to the Committee's findings in its 1995 AQIS report and this report.

Senator Winston Crane

Chairman

Canberra - October 1996

ENDNOTES

  1. Report on AQIS, op. cit., Chapter 15, p.183.
  2. R&RA&T Legislation Committee, Supplementary Estimates Hearing 1996-1997, 22 October 1996, Evidence, p. 303.
  3. Ibid, p. 304.
  4. Report on AQIS, op. cit., pp. 188-189.
  5. Ibid, p. 189.