Dan Tehan (Wannon, Liberal Party) Share this | Link to this | Hansard source

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the committee's report entitled Review of the relisting of Hizbollah's external security organisation.

I am pleased to present the committee's report on its review of the relisting of Hezbollah's External Security Organisation as a terrorist organisation under 102.1 of the Criminal Code. It is important to note at the outset that this listing prescribes Hezbollah's External Security Organisation, or ESO, and not Hezbollah in its entirety.

Hezbollah is a multifaceted organisation that includes political, social and military components. Hezbollah maintains a social welfare network, including education and health services as well as what is described as a highly-capable and well-resourced militia. Hezbollah entered the Lebanese parliament in 1992 and the government in 1995.

The ESO is described as a discrete branch of Hezbollah, responsible for the planning, coordination and execution of terrorist attacks against Hezbollah's enemies outside Lebanon. In evidence, the committee was informed that Hezbollah's structure can be identified to a level of detail that enables that very distinct part of the organisation that is purely responsible for its terror its activities to be identified.

Although ASIO has concluded that the ESO has been involved in at least three significant attacks against Israeli and Jewish interests outside Lebanon, the ESO has not publicly admitted responsibility for any terrorist attack. The statement of reasons notes the difficulty in gathering information about the group's role and activities due to its secretive nature, but concludes:

… there is no indication that the ESO’s role has changed in recent times, …

The committee notes that since the last relisting, several alleged or probable ESO operatives have been arrested around the world.

The committee examined the basis for the listing of only the ESO and was assured that for this and for all previous listings the government had carefully considered the extent of the organisation that should be proscribed. This included the question of whether proscribing the ESO would achieve the government's intent. The committee acknowledges the evidence it received to substantiate the approach that has been taken. The committee accepts that the government's current approach to proscription provides flexibility by allowing competing interests to be considered and unintended consequences that may hinder counterterrorism efforts to be avoided. It should also be noted that any activity that is relevant to security may be subject to investigation by ASIO regardless of whether an entity is proscribed or not.

On the basis of the evidence presented to it, the committee accepts that Hezbollah's ESO continues to engage in terrorist acts. The committee therefore supports ongoing proscription of the ESO as a terrorist organisation under the Criminal Code and recommends that the regulation not be disallowed. I commend the report to the House.

Report made a parliamentary paper in accordance with standing order 39(e).