Government 'abuse of process'

NXT Senator Rex Patrick has called the Federal Government out for engaging in an ‘abuse of process’ to delay the release of tobacco plain packaging Investor State Dispute Settlement (ISDS) costs ahead of the Parliament’s consideration of the TPP-11. 

“The Government's legal costs smoke screen is so thin you can see what they’re up to. They're keeping the taxpayer and the Parliament in the dark until the TPP-11 deliberations are over," said Rex. 

The claim follows the Department of Health lodging an Administrative Appeals Tribunal (AAT) application this week after the Information Commissioner last month ordered them to hand over the tobacco plain packing legal costs to SA-Best Leader Nick Xenophon.

In 2012 the High Court determined that legislation relating to plain packaging of tobacco products was constitutional. In an attempt to overrule the High Court's decision, Philip Morris took Australia to the Permanent Court of Arbitration in The Hague using the ISDS provisions which resulted in a reported fifty million dollar legal bill for the Commonwealth. 

"ISDS provisions allow corporations to challenge our Parliament's right to legislate on matters otherwise permitted by our Constitution and are an attack on our legal sovereignty" said Rex. 

In 2016 former Senator Xenophon lodged an FOI request seeking access to the total legal costs of the Commonwealth. The Department refused him access to the costs and a lengthy legal battle followed.

"The Department of Health maintained a bogus Cabinet-in-Confidence claim that took Nick a year to beat down. Then, in a thought bubble, they switched to argue damage to international relations. It was all part of an overall delaying tactic”, said Rex.

The AAT appeal has the effect of ‘staying’ the Information Commissioner’s decision meaning the ISDS costs won't be made public until after the AAT's decision which won't be finalised before the Joint Standing Committee on Treaties considers the TPP-11.

"The Government’s plans may well backfire. Hiding relevant information from the Parliament is not a good tactic," said Rex.

"I will also be keeping an eye on how much the taxpayer ends up paying for this AAT appeal."