House debates

Tuesday, 21 March 2017

Questions without Notice

Racial Discrimination Act 1975

2:15 pm

Photo of Anne AlyAnne Aly (Cowan, Australian Labor Party) Share this | | Hansard source

My question is to the Prime Minister. As someone who has been subjected to racism time and time again as I was growing up and even in my life now, please give me an answer: what exactly does the Prime Minister want people to be able to say that they cannot say now?

Photo of Malcolm TurnbullMalcolm Turnbull (Wentworth, Liberal Party, Prime Minister) Share this | | Hansard source

I understand the point the honourable member is making.

Photo of Tanya PlibersekTanya Plibersek (Sydney, Australian Labor Party, Deputy Leader of the Opposition) Share this | | Hansard source

You don't; that's the point.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

The member for Sydney is warned.

Photo of Malcolm TurnbullMalcolm Turnbull (Wentworth, Liberal Party, Prime Minister) Share this | | Hansard source

I can assure her that my government—and, I believe, all Australians—are absolutely opposed to racism in any form. The suggestion that those people who support a change to the wording of section 18C are somehow or other racists is a deeply offensive one. Among the people who have called for its reform are Warren Mundine, Justice Ronald Sackville, and Professor Sarah Joseph from the Castan Centre for Human Rights Law, who questions whether the section in its current form is actually consistent with our international human rights obligations to protect freedom of speech. In fact, Professor Joseph said that what may save it from being in breach of our international obligations to protect free speech is the narrow interpretation that the High Court has put on it, which I quoted earlier. But surely it is better for the language of the statute to be clear, and the object has always been as it is in the honourable member's state, where there is legislation to prohibit racial harassment, and that has been well considered by the courts on many occasions.

Mr Khalil interjecting

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

The member for Wills!

Photo of Malcolm TurnbullMalcolm Turnbull (Wentworth, Liberal Party, Prime Minister) Share this | | Hansard source

It is a concept that is well understood. We stand for free speech, we oppose and condemn racial vilification, we oppose and condemn racism in any form and we are united on that. This will be a stronger, a clearer and a fairer statute.

Honourable members interjecting

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

Members on both sides. The member for Melbourne Ports will cease interjecting.