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Emerson unwilling to revisit softwood lumber deal

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CTV's Question Period: David Emerson in New York
CTV's Question Period: Panel discussion of the deal

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CTV.ca News Staff

Date: Mon. Jul. 10 2006 6:43 AM ET

Industry Minister David Emerson says those who oppose the softwood lumber deal he has spent months negotiating with the U.S. must be willing to take responsibility for the effect its death would have on the industry.

"Anybody who stands up and says they want to kill this deal, I'm fine with that," Emerson told CTV's Question Period in an interview aired on Sunday. 

"As long as they take the responsibility in their communities for the consequences when we go back into litigation, and all of the fallout from that is going to be on their shoulders, frankly."

Emerson has been working with his U.S. counterpart to hammer out the details of the agreement since a basic framework was reached on April 27.

The deal, signed July 1, would allow the U.S. to keep about $1 billion US of the $5 billion it has collected in penalties on Canadian softwood since 2002. It would also limit Canadian exports to the U.S. if American lumber prices begin to fall.

However, the agreement requires 95 per cent support from the industry before it becomes binding.

Emerson said he has no plans to re-visit the deal, despite recent complaints from the federal opposition, some elements of the industry and the B.C. government.

"I frankly think this is the best softwood lumber negotiated settlement I've seen in my career, and I've been in this industry for a long time," Emerson said.

He said he is surprised by the opposition to the deal, especially coming from British Columbia Premier Gordon Campbell.

"I didn't expect it. We were informed all along that British Columbia's hill to die on was to ensure that their new market pricing system for timber would be grandfathered so it would not be negatively affected or prevented under this agreement. We got that," Emerson said.

"Then late in the negotiations there was a demand for a termination clause ... in the event the Americans were to terminate the agreement prematurely and create uncertainty for the industry. We got that, and now were told that's not good enough, more is wanted."

A number of politicians and members of the industry were surprised to learn that the agreement includes an escape clause that would allow either side to walk away after 36 months.

Emerson noted that he and his staff have met with many interested parties throughout the negotiations and have "captured 90 per cent of the issues we need to confront." However, he acknowledged the deal requires more than 90 per cent support form the industry to go through, and said companies will have to make the decision that is best for them.

For the deal to pass, the softwood lumber industry must agree to drop litigation efforts against the U.S.

"You make a decision -- do you want stability, do you want to set aside the litigation, or do you want to continue to fight through the courts and face all the costs and uncertainty of doing that?"

Emerson maintains the deal will bring stability and predictability to the softwood industry, and that the agreement will be more secure than NAFTA.

But some critics have trouble with the termination clause, claiming it will allow the U.S. to pull out of the deal whenever it feels inclined to do so.

"There's actually a clause (that) allows the Americans to terminate unilaterally at any time," NDP industry critic Peter Julian told Question Period.

He said the deal has serious issues and will not bring the stability Emerson has promised.

"So the cost we pay; giving away our rights under NAFTA, giving a billion dollars, is something in a few weeks the American could decide they don't want."

Emerson disagrees.

"To begin with it buys a minimum of three years dispute free," Emerson said.

"But people need to understand this is not an agreement industry can unilaterally unwind. This is an international agreement between the government of Canada and the government of the United States."

Carl Grenier, executive vice-president of the Free Trade Lumber Council, also has serious issues with the agreement.

He said he believes the agreement is lacking industry support and is far from being a done deal, but he acknowledged each company will make its own decision.

"This will be a decision for each company to make. ... This is a business decision. Every business has its own particular circumstances and we know a number of our members are in financial difficulties because of all those years of fighting the U.S."

Emerson laughed out loud when asked if he will resign from his post of the deal falls apart.

"Oh I don't think so. I'll move on when I'm ready to move on and when the prime minister believes it's an appropriate time for that."

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