Thank you, Madam Speaker. I rise on behalf of the Green Party, and we will not be supporting this particular bill. Again, the reason for that is we didn’t support the agreement, so I don’t know why the House is so surprised that we wouldn’t be supporting this particular bill.
Now, let me unpack that, because it actually makes a great deal of sense. Let’s start with the agreement that is the foundation of this particular bill. One of the things I addressed in the first reading of this bill—and also we addressed this when we spoke on the agreement itself—is fundamentally the concern when we’re looking at the treaty examination process here in Aotearoa New Zealand, specifically Standing Orders 405 to 408. Now, in 2023—and there is a reason why I’m mentioning this—as part of the Standing Orders review, it was recommended to the Foreign Affairs, Defence and Trade Committee that this particular part be examined, because it is a problematic—and also could be considered non-democratic—process where any sort of international agreement or treaty can be signed on by a Minister without any form of scrutiny or consultation by the New Zealand public, either through a select committee process or just genuinely hearing from the New Zealand public.
Granted, there are ways that the Ministry of Foreign Affairs and Trade (MFAT) allows for public consultation, but it is incredibly opaque. There is no public forum. There is no way for you to submit. You send an email to MFAT, and that just disappears into thin air, and it’s very hard to get any sort of commitment or information from MFAT from there on about what happens to the public consultation.
That, combined with the fact that the national interest analysis is drafted by MFAT on their own negotiation—and we have highlighted through the select committee process that when we’re examining a particular agreement, post-signing, I might add, it might be inappropriate for someone to, essentially, mark their own homework or assessment after they’ve completed it.
Then we get to any form of bill. Because of the dual system that we see here in Aotearoa New Zealand, if there are any changes, the agreement itself doesn’t need to be agreed to, or endorsed, by this House unless it affects domestic legislation, which is what we see here in this particular bill. This bill covers a very tiny component of what is in the original agreement. There is a possibility that if there were no significant changes, this bill could have been even smaller. Now, granted there are definitely elements, as we see here in this particular bill—particularly around, let’s say, the schedules, and also around things like tariffs and amendments to the Customs and Excise Act 2018—that are necessary with any new free-trade agreement, FTA, or comprehensive economic partnership agreement, CEPA, that Aotearoa New Zealand signed up to.
Here lies the concern that we have from a process perspective that anyone, and any Minister, is able to sign on to this really important document—that affects Aotearoa New Zealand in a really profound way—without any public input or without any proper input from this House. Again, by the time that agreement has been signed, it goes to select committee, and the deed is kind of done. It’s really hard to go back to your partner to say, “Hey, our select committee doesn’t like it, so can we just unsign it?”
It’s not something that we have seen happening in the past. Indeed, some of these have generated issues, particularly when we’re looking at the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and the Trans-Pacific Partnership agreement around ISDS, or the investor-State dispute settlement process, which is something that the Government signed up to at the time without realising the enormous backlash that they would receive from the New Zealand public as a result—which is also one of the reasons why we do not see ISDS, at least as a commitment from the Minister, in FTAs and CEPAs in this term.
Now, in terms of the bill, the other thing that is of importance is the only chance that we actually got to ask questions regarding both the bill but also the agreement that is the foundation of this bill—the only chance we actually got to have this proper engagement with the Minister—was during the committee stage of this particular bill, which is what we had in the last sitting week. Because of that, we actually got some really important information from the Minister. One of the things that we have discussed is around the labour concerns that we see in terms of the kafala system that is present in the United Arab Emirates (UAE).
Now, granted that UAE domestic legislation has changed over time and we have seen improvements of the kafala system, that still has concerns, particularly the way that employees are able to, essentially, hold the employees—and migrant employees, in particular—through the kafala sponsorship system, in some ways, in shackles and as hostages, unless they comply with certain requests such as overtime or additional working hours or lower pay. It is something that is a concern from an international labour rights perspective, and it’s something that we as Aotearoa New Zealand are rightfully concerned about. During the committee stage, one of the things that we did get some sort of response from the Minister—which is more than what we got during the scrutiny of the agreement—is that we do look at the way that we import some of those goods coming from UAE that do need to fulfil certain requirements of our domestic legislation here in Aotearoa New Zealand.
Now, this is a milestone in terms of the way we are able to get information or have this sort of back and forth with the Minister. But, again, that is on the basis that the bill is introduced here in the House well after an agreement has been signed, thus highlighting the problematic process we have with the way we look at international treaties. That is one of the reasons why we, as the Green Party, cannot support this bill in the way that it is structured, and also the agreement in the way that it is structured, because it fundamentally goes against the rule of law and the values that we hold here as New Zealanders.
Now, in terms of the bill itself, and also tangentially when we’re looking at the agreement, one of the other things that has been highlighted—and to say that the Green Party does support trade; we do care about trade. Trade, in fact, is one of the oldest professions in the world. In fact, when we’re looking at things around freedom of expression, that comes from the original Greek concept of isēgoria agora, the freedom to debate in the marketplace, which are some of the original trade institutions that you see in the ancient world.
We do absolutely think that trade is fundamental to our country and the way that it interacts on a global stage. The Green Party has supported the NZ-EU FTA because of the fact that we look to the EU to also improve our own ability to uphold things like indigenous rights, to uphold things like data protection, to uphold privacy, to uphold sustainability, to uphold climate action, to uphold environmental protection and workers’ rights. That is something that we do see being reflected in the NZ-EU FTA.
However, when we are looking at this—and, yes, I understand the motivation of us having the starting point of an agreement with a Gulf Cooperation Council country. It is important in terms of opening that particular pathway. But at the same time, it also comes down to what are we compromising on in terms of our own values as a country by this particular agreement.
Again, the Minister has mentioned that this is something that we managed to negotiate in four months. Fast doesn’t necessarily mean good. That applies to half the bills that the Government has introduced this term. What it also highlights is what is missing as part of that potential negotiation, and what are we compromising.
Going back to this bill, when we’re looking at, for example, increasing the threshold of $100 million to $200 million of the monetary threshold above which consent is a requirement and any form of consent is required from LINZ, or Land Information New Zealand, as a requirement of the Overseas Investment Act, it was something that was discussed during the committee stages: how would we be able to hold a particular country and how would we be able to scrutinise this more publicly if one of the parties does indeed violate this agreement?
So there are definitely issues with this particular bill and with the agreement on the whole. In its current form, the Green Party cannot, in good conscience, support the bill.