In response to questions from Queensland Liberal/LNP Senator, Russell Trood, at last night’s Senate Estimates hearings, a legal official from the Department of Foreign Affairs and Trade (DFAT), Mr Greg French, acknowledged that an International Court of Justice (ICJ) decision on whaling could take years.

Also, while it is incumbent upon governments to fully implement the findings of the court, doubt was cast on their willingness to do so as the record of compliance with ICJ findings has only been marginally satisfactory, and that it would be difficult to enforce any judgement Australia might receive in its favour.

 

Senator Trood, who is the Chair of the Senate Foreign Affairs, Defence and Trade References Committee, said that, “ the Rudd Government has spent millions of taxpayers dollars and considerable time and energy on diplomatic efforts to secure a diplomatic resolution to the problem of international whaling yet, with a possible solution on the table when the International Whaling Commission (IWC) next meets, in three weeks time, the Rudd Government has abandoned the diplomatic track to pursue legal action.

 

This will only serve to undermine the authority of the IWC, and involve Australia in a protracted legal dispute with Japan over three or four years, with no guarantee of success.”

 

To-date, the diplomatic route to resolving the whaling issue has cost the Department in excess of $1.5 million; even more would be required in the event of lengthy legal action. DFAT also revealed that further funds have been set aside for the ICJ action but were unwilling to reveal the sum involved.

“Given the long and protracted legal battle ahead, the costs could run into the millions, if not tens of millions,” Senator Trood said.

 

The Rudd Government has pursued a diplomatic course on whaling for two and half years.  Australians are entitled to know:

·         Why the Rudd Government has now changed its mind and initiated proceedings in May?

·         Why it has abandoned diplomacy when a diplomatic solution is at hand?

·         Why it is prepared to provoke a legal battled with Japan?

·         How it can justify the considerable additional costs involved in the ICJ proceedings?

Senator Trood said that in response to the Estimates hearings last night the Government had no reasonable answers to the questions.

 

“The ICJ case is an ill conceived and cynical political exercise ahead of the forthcoming election.”