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Parliamentary Committee Gave Only 5 Days for Nuclear Treaty Submissions

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If you blinked you would have missed a surprise Treaty. On 22 November, 2021 a highly significant Treaty was signed by Australia that is an important practical step in the AUKUS submarine process. The Australian public were given just 4/5 days to respond with written submissions on the Treaty, ie. by 26 November 2021. See C. and D. below at the end of this article.

A.  Fortunately the authors of Wiki summarise the matter well, when they wrote:

"On 22 November 2021, Australia, the US and the UK signed the Exchange of Naval Nuclear Propulsion Information Agreement (ENNPIA) treaty.[74][75] The treaty permits the disclosure of information by the US and the UK to Australia and its use.[75] As the US is restricted by the Atomic Energy Act of 1946 from sharing information without an agreement and the UK is also restricted by the 1958 US–UK Mutual Defence Agreement unless authorised.[76][77] On 29 November 2021, the UK Foreign Secretary presented the treaty to parliament to consider.[78] On 1 December 2021, US President Joe Biden presented the treaty to Congress to consider.[79] On 17 December 2021, the Australian Parliament's Joint Standing Committee on Treaties recommended that the parliament ratify the treaty.[80]
"

B.  Australia signing this agreement was announced in a Media Release from Australia's Defence Minister, Peter Dutton on 22 November 2021:

"Australia signs exchange of naval nuclear propulsion information sharing agreement

22 November 2021

The signing of the Exchange of Naval Nuclear Propulsion Information Agreement (the Agreement) with our AUKUS partners – the United Kingdom and the United States – is another important step in Australia’s pursuit of conventionally armed, nuclear-powered submarines.

Minister for Defence the Hon Peter Dutton MP said the Agreement will further advance consultations by permitting the United Kingdom and the United States to exchange sensitive and classified naval nuclear propulsion information with a third country for the first time.

“This Agreement will support Australia in completing the 18 months of intensive and comprehensive examination of the requirements underpinning the delivery of nuclear-powered submarines,” Minister Dutton said.

“The United Kingdom and the United States will be able to share naval nuclear propulsion information with Australia, which they cannot with any other country, in the determination of the optimal pathway to acquire nuclear-powered submarines for operation by the Royal Australian Navy.

“With access to the information this Agreement delivers, coupled with the decades of naval nuclear-powered experience our UK and US partners have, Australia will also be positioned to be responsible and reliable stewards of this technology.”

The Agreement will also provide a mechanism for Australian personnel to access invaluable training and education from their UK and US counterparts, necessary for learning how to safely and effectively build, operate and support nuclear-powered submarines.

Importantly, the Agreement is consistent with Australia’s international obligations, including under the Treaty on the Non-Proliferation of Nuclear Weapons.

Australia is not seeking nuclear weapons.  The submarines will be conventionally armed. The Agreement only allows for the sharing of naval nuclear propulsion information.  No nuclear equipment can be transferred under this agreement.

Minister Dutton also highlighted the importance of the Agreement for Australia’s regulatory framework.

“This Agreement will assist Australia to develop the necessary skills and knowledge to create a world-class regulatory and safety regime required for the safe operation of naval nuclear propulsion,” Minister Dutton said.

“I thank our AUKUS partners for their commitment to bringing this pivotal agreement together quickly which assures continued progress for our nuclear-powered submarine ambitions and our collective efforts to ensure the Indo-Pacific remains stable, secure and prosperous, and free from coercion.”

The Agreement was today tabled in the Australian Parliament for consideration by the Joint Standing Committee on Treaties.  The Agreement is also subject to the domestic processes of the United States and the United Kingdom."

C.  Regarding "The Agreement was today tabled in the Australian Parliament for consideration by the Joint Standing Committee on Treaties."

That Australian Committee on Treaties invited: 

"interested persons and organisations to make submissions by 26 November 2021." 

Pete Comment: In what a appears to be the very short time permitted (4 or 5 days?) submissions were recieved here .

D.  The first submission received (Number 1) is from a former Senator from Western Australia Scott Ludlam, who was also an ex-Treaties Committee Member. 

He indicates he is "appalled" at the "five day submission window" concerning "one of the most consequential military and foreign policy announcements of our time"

Given the 5 days to provide a submission Scott Ludlam, in part, describes "a shotgun inquiry to rubber stamp a predetermined outcome".

The rest of Ludlam's submission is well worth reading. 

Readers are invited to examine the other submissionshere. 


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