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Phillip Morris challenge a sign of things to come: Greens

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Phillip Morris challenge a sign of things to come: Greens

22 Dec 2011 | Trade

Signing the Trans Pacific free trade agreement has the potential to open up the government to further legal challenges said Greens’ health spokesperson, Senator Richard Di Natale.

“Phillip Morris’s challenge to the government’s plain packaging legislation is only possible because Australia has a Free Trade Agreement with Hong Kong that puts the interests of corporations ahead of the public interest,” said Senator Di Natale.

“Here is an example of a company restructuring its holdings to take advantage of the investor-state dispute provisions, which enable it to sue a government because a public health initiative might reduce their profits. In other words it is a trade agreement that can undermine the government’s ability to do what it thinks is best for the health of the country.

“If Australia signs the Trans Pacific free trade agreement and it has similarly strong investor-state dispute provisions then the government may well open itself up to similar legal challenges on other fronts.

“It would not be hard to imagine big US pharmaceutical companies taking similar action to enable them to challenge the Pharmaceutical Benefits Scheme because it undermines their bottom line. The PBS is the envy of most other countries because it provides affordable access to life saving medication but a legal challenge could make important medication more expensive for Australians.

“As a doctor and a public health specialist, I am very concerned that the government may be trading away its ability to make health policy in the interests of all Australians.

“The next round of the Trans Pacific Partnership negotiations will be here in Melbourne and the Greens will have a keen eye on the outcome.”

Media contact: Andrew Blyberg 0457 901 600