National government betrays NZers in TPPA deal 

‘This deal is a travesty of democracy’, said Professor Jane Kelsey about the conclusion of the Trans-Pacific Partnership Agreement (TPPA) in Atlanta, USA, on 6 October 2015.

‘This deal is a trav­es­ty of democ­ra­cy’, said Pro­fes­sor Jane Kelsey about the con­clu­sion of the Trans-Pacif­ic Part­ner­ship Agree­ment (TPPA) in Atlanta, USA.

‘The gov­ern­ment has ignored, insult­ed and lied to its cit­i­zens.’

‘Min­is­ter Gros­er has mis­led New Zealan­ders. He always knew he was on a hid­ing to noth­ing on dairy. I have pre­dict­ed many times that he would not do as he said and walk away from a lousy deal, but would make claim that there were some intan­gi­ble future gains from being in the club.  That’s exact­ly what’s hap­pened’.

Pro­fes­sor Kelsey urged New Zealan­ders to ask a sim­ple ques­tion: “who gave the Prime Min­is­ter and Trade Min­is­ter the right to sac­ri­fice our rights to afford­able med­i­cine, to reg­u­late for­eign invest­ment, to decide our own copy­right laws, to set up new SOEs, and what­ev­er else they have agreed to in this secret deal and present it to us as a fait accom­pli?’’.

She points out the last major stick­ing point was monop­oly rights for Big Phar­ma over life sav­ing med­i­cines, show­ing the TPPA is any­thing but a ‘free  trade’ deal.

‘The com­pro­mise lan­guage on bio­log­ic med­i­cines agreed between the US and Aus­tralia is appar­ent­ly so vague the US can and will insist that its intepre­ta­tion pre­vails. Giv­ing Big Phar­ma anoth­er three years monop­oly over the data, on top of oth­er changes to patents and more lever­age over deci­sions, will under­mine the “fun­da­men­tals” of Phar­mac and blow out the med­i­cines bill.’

‘While Aus­tralia was fight­ing US demands on med­i­cines, our gov­ern­ment seemed to be lost in action and obsessed with sell­ing more dairy,’ remarked Pro­fes­sor Kelsey.

‘Not only is a “dairy for med­i­cines” deal uncon­scionable – it is a total sell­out. That’s even before we fac­tor in the hand­cuffs on future gov­ern­ments in invest­ment, SOEs, finan­cial ser­vices, gov­ern­ment pro­cure­ment, and so much more.’

‘I sus­pect any new dairy access is large­ly smoke and mir­rors, with quo­tas on care­ful­ly select­ed prod­ucts and sub­ject to safe­guards should increased New Zealand imports impact on America’s domes­tic agri­cul­ture. The prob­lem is we can’t see the details to assess that’.

Under the US Fast Track law, Pres­i­dent Oba­ma needs to give 90 days notice to Con­gress before he can sign, and release the text 30 days into that peri­od.

‘The gov­ern­ment is bound to spin the ben­e­fits like crazy, know­ing that we won’t get to see the real deal for anoth­er month. The Min­is­ter needs to release the full details imme­di­ate­ly.’

Mean­while, mem­bers of the US Con­gress and the cor­po­rate lob­by­ists who are ‘cleared advis­ers’ will get to see the deal. Pro­fes­sor Kelsey pre­dicts ‘they will be all over it, and seek­ing to remove what they still don’t like and add their demands. That will be the first of many oppor­tu­ni­ties to rewrite the deal as the US moves into an elec­tion year. The imme­di­ate respons­es from the US show it will be a dog fight in Con­gress with almost all the Demo­c­rat mem­bers oppos­ing the  deal and Repub­li­cans aban­don­ing Oba­ma in droves.’

‘This is far from over yet. There are three months before the TPPA can be signed. The government’s “trust us” promis­es were a sham and New Zealan­ders have been sold down the riv­er. It is time for Oppo­si­tion par­ties and ordi­nary New Zealaan­ders to force the gov­ern­ment to step away, and make it clear to Nation­al that fail­ing to do so will car­ry the ulti­mate elec­toral penal­ty.’

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