Paul Murphy Demands Attorney-General Advice on Services Exclusion
Paul Murphy challenged the government's legal distinction between goods and services in proposed legislation addressing trade with occupied territories, citing last year's International Court of Justice ruling. He asked whether the Attorney-General's advice will be completed and published before the bill is brought to committee.
Paul Murphy noted that the International Court of Justice held states must abstain from economic or trade dealings and prevent trade or investment relations with the occupied territories. He emphasised the ICJ text made no distinction limiting the obligation to goods alone and questioned why services would be excluded.
Mr Murphy asked whether the Attorney-General's advice will be completed and published before the bill is brought before the committee, seeking the legal basis for excluding services. He pressed the government to set out in detail why it objects to inclusion of services in the draft legislation.
A government speaker replied that the advice is anticipated to be available to the government as the bill proceeds and that the pre-legislative process will be the first instance of scrutiny. The speaker said the government will make its position clear to the committee before it concludes and described the bill as "vastly improved from what it was."
The government speaker paid tribute to Senator Francis Black for her initiative and constructive engagement with the government on the bill.
In the course of the exchange the government speaker accused the deputy of "pontificating" and asserted that he had never condemned Hamas in the House for what it did on October 7th, introducing a separate political rebuke into the debate.
ICJ ruling and legal concern
Paul Murphy noted that the International Court of Justice held states must abstain from economic or trade dealings and prevent trade or investment relations with the occupied territories. He emphasised the ICJ text made no distinction limiting the obligation to goods alone and questioned why services would be excluded.
Request for Attorney-General's advice
Mr Murphy asked whether the Attorney-General's advice will be completed and published before the bill is brought before the committee, seeking the legal basis for excluding services. He pressed the government to set out in detail why it objects to inclusion of services in the draft legislation.
Government response and timing
A government speaker replied that the advice is anticipated to be available to the government as the bill proceeds and that the pre-legislative process will be the first instance of scrutiny. The speaker said the government will make its position clear to the committee before it concludes and described the bill as "vastly improved from what it was."
Acknowledgement of parliamentary engagement
The government speaker paid tribute to Senator Francis Black for her initiative and constructive engagement with the government on the bill.
Exchange over October 7th condemnation
In the course of the exchange the government speaker accused the deputy of "pontificating" and asserted that he had never condemned Hamas in the House for what it did on October 7th, introducing a separate political rebuke into the debate.
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Transcript
Tiszek, last year the International Court of Justice held that all states are under an obligation to abstain from entering into economic or trade dealings and to prevent trade or investment relations with the occupied territories. No mention of an obligation just relating to goods, instead it was all trade and investment relations. The government has in the past few months discovered what they say is a legal distinction between goods and services, but I have never laid that out. The Tawnister this morning, when asked about the bill, said it is important that every country uses every lever at its disposal, but it is not clear why that lever would exclude services. Will the Attorney-General's advice be completed and published before the bill is brought before the committee, so that we can actually see the legal basis that the government is saying that services need to be excluded? Will the government and committee set out in detail why you have an issue with the inclusion of services? Thank you Deputy Murphy. First of all, I anticipate that the advice will be available to the government as the bill is going through. There is a pre-legislative process for us that will be the first instance of this. I am saying that it will be available to government in terms of whether we can include it. The government will make its position then, based on that advice, clear to the committee before it concludes. The bill is vastly improved from what it was, but I want to pay tribute to Senator Francis Black for her initiative in this and her constructive engagement with the government on this. Equally, I would say to you, Deputy, you are good at pontificating a lot. You have never, ever condemned Hamas in this House for what it did on October 7th.