‘Foreign firms can’t arbitrarily sue us under TPP agreement’

By Malaysiakini

Nancy Shukri

Minister in the Prime Minister’s Department Nancy Shukri brushed off allegations that foreign corporations can sue the Malaysian government arbitrarily after it has signed the Trans-Pacific Partnership (TPP) agreement.

“They cannot arbitrarily summon the government to an international tribunal using Investor-State Dispute Settlement (ISDS),” she told the Dewan Rakyat today.

The rules to bring a legal dispute to an international tribunal will be tightened under TPP agreement, she said.

“A few safeguards are stipulated under TPP agreement. The investor needs to prove the loss incurred due to the action of a government (before suing the government),” she said.

“The investor needs to pay legal cost of arbitration to the government in a frivolous case,” she said in her winding-up speech on the government’s motion to seek Parliament’s approval to pass TPP agreement.

She also hit out at the opposition for portraying government officials and negotiators, who were involved in the TPP negotiations, as unpatriotic and who were willing to pawn the country’s sovereignty.

“I was saddened and shocked to hear a few opposition lawmakers accusing the government of selling the country and pawning her sovereignty to the US through TPP agreement,” Nancy said.

“(They were saying as if) the officials were not good and unpatriotic. The lawmakers should think before they speak. There is no need for them to politicise the issue in a sandiwara (a show) as though only the opposition loves the country,” she said.

“The country is fortunate to have these dedicated officials who sacrificed their holidays in ensuring the best interest of the country,” she added.

She also said the Attorney-General’s Chambers was upset as it was accused of not being serious in scrutinising the TPP agreement.

The government is seeking the approval of the Dewan Rakyat to pass the TPP agreement in a two-day special sitting before signing the trade agreement next month.

Nancy was among the six ministers who answered on behalf of the government.