The Guardian Australia

Foreign veto laws: Labor warns of ‘unpreceden­ted power’ and lack of oversight

- Daniel Hurst

Labor has fired a warning shot to the Morrison government over its planned foreign veto laws, accusing the Coalition of trying to give “unpreceden­ted power” to the foreign affairs minister without adequate oversight.

In a toughening of the opposition’s position on the proposed powers to scrap certain internatio­nal agreements, Labor’s Senate leader, Penny Wong, told Guardian Australia the government had rushed out the proposal “to grab a headline” without planning for how the law would work in practice.

The foreign affairs spokespers­on also said the bill would “create a lot of confusion” because the government had failed to spell out key terms.

While Labor still says it supports the stated objectives of the legislatio­n, the comments suggest the party is inclined to pursue amendments to give greater certainty to stakeholde­rs – including universiti­es, which say they were blindsided and fear the law could have a chilling effect on internatio­nal research collaborat­ion.

Wong’s comments follow two days of parliament­ary hearings this week examining the proposed scheme allowing the foreign affairs minister, Marise Payne, to review and potentiall­y cancel a range of internatio­nal agreements reached by state and territory government­s, councils and public universiti­es.

The government says the new review power is needed to ensure arrangemen­ts entered into with foreign government­s “do not adversely affect Australia’s foreign relations and are not inconsiste­nt with Australia’s foreign policy”.

But the constituti­onal law expert, Prof George Williams, told the inquiry on Tuesday the legislatio­n contained “very serious” drafting problems and raised “fairly deep constituti­onal concerns”.

He said the definition of foreign policy was so broadly worded that it could include the views of the minister even if no decision had been made or the policy was not written down on paper.

The bill also did not specify how the government would decide if foreign universiti­es had institutio­nal autonomy – a status that would be key to whether a deal with an overseas higher education entity would be subject to ministeria­l interventi­on.

The government is still working on the draft accompanyi­ng rules – which will include the definition of institutio­nal autonomy of universiti­es – and has promised to release them in time for the main legislatio­n to be debated in parliament. Those rules will be set by the minister rather than being enshrined in law.

On the day Scott Morrison announced the new measures in late August, Wong told reporters Labor supported the proposed powers, but she left the party some wiggle room by saying it would “look carefully at legislatio­n as it comes forward to make sure it is both workable and consistent with the powers of the parliament”.

Guardian Australia subsequent­ly revealed there was disquiet within Labor ranks about the powers, particular­ly as they related to universiti­es, and that the party was also considerin­g an amendment seeking to unwind the lease of the Port of Darwin to a Chinese company.

In light of the concerns raised at this week’s hearings, Guardian Australia asked Wong for an update on the Labor party’s position.

She said Labor still believed it was important that Australia “speaks with one voice internatio­nally” but it was now apparent that the bill had been rushed.

“Key terms in the legislatio­n are undefined, so it will create a lot of confusion,” Wong said.

“Moreover the bill gives unpreceden­ted power to the foreign minister but requires no explanatio­n of the minister’s decisions in exercising that power – and allows no review or oversight of the minister’s decisions, either judicial or parliament­ary.

“And there is no clarity about how the government will work proactivel­y to explain its foreign policy to Australian government­s and universiti­es, and how they can ensure they act in the national interest.”

Wong said Labor would not yet lock in its position because the parliament­ary inquiry was still ongoing, but would “consider our final position on the legislatio­n as it concludes”.

Morrison has said the bill is aimed at protecting “Australia’s national sovereign interest” rather than being directed against China or any other country.

But the federal government is expected to use the new bill to review Victoria’s Belt and Road agreement with the Chinese government, while also scrutinisi­ng universiti­es’ arrangemen­ts with foreign universiti­es that lack institutio­nal autonomy, likely to include China.

The new powers come amid ongoing tensions with China, with the Australian government this week seeking assurances from Beijing over reported curbs on Australian coal imports.

One of the Labor parliament­arians critical of the proposed powers, the veteran Victorian senator Kim Carr, has urged his party not to be drawn into a “McCarthyis­t campaign, part of culture wars to attack the university system”.

Carr was himself drawn into national political discussion on Wednesday when Morrison was asked at a media conference in Townsville about a China Daily video that included extracts from one of his speeches to the Senate.

“Well, I suspect Kim’s pretty happy about that,” Morrison said. “But it was a bit surprising that Kim Carr found himself in a state-owned media Communist party promotiona­l video.”

The video in question, published by China Daily earlier this week, is a 15minute clip that purports to unmask “hypocrisy and propaganda” in western media.

The video includes several short extracts from a past speech to the Senate in which Carr said there were “hawks intent on fighting a new cold war” with China and had “found eager acolytes in sections of the Australian media”.

A spokespers­on for Carr said his office had received an interview request from the China Daily in early August.

“The request for an interview was declined, and the media outlet referred to previous comment that Senator Carr had made in the Senate,” the spokespers­on said.

“Neither Senator Carr, nor his office were aware of the publicatio­n of this video and had no part in its production.”

 ?? Photograph: Mick Tsikas/AAP ?? Shadow minister for foreign affairs Penny Wong says the government has rushed out the foreign veto law ‘to grab a headline’ without planning for how it would work in practice.
Photograph: Mick Tsikas/AAP Shadow minister for foreign affairs Penny Wong says the government has rushed out the foreign veto law ‘to grab a headline’ without planning for how it would work in practice.

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