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Monday, 9 September 1996
Page: 3668


Mr McCLELLAND(12.38 p.m.) —I would like to take this opportunity to make a statement in support of what the chairman of the Joint Standing Committee on Treaties, the member for Groom (Mr Taylor), said in presenting the committee's first report. I should add at the outset that the chairman of the committee has done a commendable job, as have the staff, in getting the committee up and running. It is a very inclusive committee and one of great enthusiasm.

It is a fact of life that treaties affect virtually all Australians. For instance, much of our food and clothing or their ingredients and raw materials have come to our shores through a transportation system heavily regulated by treaties affecting sea and air transport. When we get on a plane we are somewhat safer as a result of international treaties relating to the carriage of passengers. Although there is still a long way to go, our streets are at least somewhat safer as a result of international treaties and conventions relating to restrictions on drug trafficking. Our prospects of survival and those of our children are considerably enhanced as a result of treaties restricting the proliferation of nuclear weapons together with treaties aimed at preserving our environment, including the depletion of the ozone layer and the associated effects of global warming.

It must be conceded that there have been controversies in recent times as to the extent to which our laws should be based upon international treaty obligations relating to human rights, such as the rights of children, the rights of migrants and the rights of workers. There is also no doubt that the existence of treaties has significantly influenced our courts as has been noted by the High Court of Australia not only in terms of construing legislation but also, more recently, in terms of the more controversial decision in Teoh's case of assessing the appropriateness of administrative conduct.

In short, treaties are a reality. The world is becoming increasingly international. Unless Australia, with its relatively small population, participates in that international community there is no doubt we will regress dramatically. Essentially, we have two choices. On the one hand, we can live in a world where the superpowers predominate. It comes to a situation where the superpowers say to the smaller states `jump' and those smaller states without treaties are left with no option but to say `how high'. On the other hand, we can participate in the international community to develop and enhance the international rule of law through the international treaty making process.

When it is seen in that context, Australia really has no choice at all. It is regrettable that in recent years an increasingly isolationist mood has developed. That isolationist mood has developed to some extent as a result of the lack of input in the broader treaty making process by the population as a whole and not simply state governments. I trust that the treaties committee will significantly alter those perceptions.

When you analyse the situation you find that it is not the treaties that have caused the apprehension; it is more a concern that Federal laws predominate state legislation. In that context, the role of this federal parliament in scrutinising treaties cannot be underestimated. There is no doubt that if all Australians feel they have an input in the treaty making process treaties themselves will have greater efficacy. I think Australia's role as a good international citizen will be enhanced. I commend this report to the parliament.