Senate debates

Thursday, 16 February 2017

Bills

Australian Human Rights Commission Amendment (Preliminary Assessment Process) Bill 2017; Second Reading

10:43 am

Photo of Lisa SinghLisa Singh (Tasmania, Australian Labor Party, Shadow Parliamentary Secretary to the Shadow Attorney General) Share this | Hansard source

Regardless of that, this constraining of those who seek those kinds of protections in our Racial Discrimination Act continues. In fact, this morning we had Christopher Pyne gagging Ms Burney in the other place when she tried to speak on a motion regarding native title during Closing the Gap week. This is the ludicrous nature that has got about not just One Nation but the Liberal Party as well. This shows clearly how politics rather than substance is trying to win out for these people.

As I said, the Labor Party is proud to have introduced section 18 C, and the Labor Party fights to retain it. It is a critical element of our antidiscrimination framework and it has served this country well for 20 years. It strengthens the rich fabric of Australia's successful multicultural community. It appropriately balances freedom of speech with the right of all Australians to live in dignity, free from bigotry and the destructive, divisive effects of racially motivated hate speech. Australians can and do use avenues that are open to them to call out racism when they see it. We use those rules to defend what is good and to show that hatred and hate speech is out. We do not accept excuses that racially motivated hate speech, racially motivated vilification, is an ordinary and acceptable part of living in our democracy. If Senator Burston thinks it is then we are on completely different sides of the coin. That is not the sort of society that I want to live in, and that is why I am proud to be part of a party that, for the last 20 years, has ensured that we had that level of law in our country that ensures that racially motivated hate speech is not an ordinary and acceptable part of living in our democracy.

To build a society where people of different racial and ethnic backgrounds feel able to fully participate and where people can live, work and play side by side, we need to defend our right to speak freely but fairly, just like we need to defend the laws that we have that provide for that, and the institutions that we have that provide for that—and that is exactly what the Australian Human Rights Commission does and does effectively and has done effectively year on end. So why are we here debating this bill? Why do we have a senator from a party bringing in this bill that makes no sense? It simply makes no sense. I also ask: why does Senator Burston not seem to have the support of the rest of his party? The usual practice when a party brings a bill into this place is that, in solidarity, it has its other senators back that senator up. Where are the rest of Senator Burston's team to back up this bill? I cannot see anyone else from One Nation on the speakers list today. I will always stand strongly with my Labor senators and colleagues on the right side of history, and that side of history is to ensure we live in a society in harmony.

Senator Burston would be aware that soon we will be celebrating Harmony Day. What is Harmony Day about? Harmony Day is about celebrating the rich tapestry that makes up Australia, our multicultural nation, our successful multicultural nation. But, as has been widely articulated by Senator Dodson, that is now all under threat. That is under threat because of the rise of this extreme Right agenda of those fringe parties of One Nation coming into this place with bills like this, putting up candidates that I described earlier such as Richard Eldridge, Michelle Meyers, Shan Ju Lin, Brian Brighton and David Archibald, who have all said appalling things in the Australian speech space, so much so that One Nation had to disendorse a couple of them. I call on One Nation today: are you going to disendorse Richard Eldridge? I call the Liberal Party in WA: are you really going to do a preference deal to help a candidate like this get elected, a candidate that has effectively said that Indonesian journalists should be murdered, that they should be 'Baliboed'? Outrageous! Are these really the kinds of politicians we want in Australian society? Is this really the kind of representation that we want in our community? What kinds of values is that putting out to the next generation, to say that it is okay to use that kind of language?

As Senator Dodson said, words do matter and words can hurt and they can discriminate. That is why the Australian Human Rights Commission has a special responsibility for the protection of human rights in this country—the protection of the vulnerable, the protection of the elderly, the protection of minorities, the protection of our first peoples, the protection of our Racial Discrimination Act. I think One Nation would prefer to live in Australia without such protections. I think One Nation would prefer to be able to be bigots whenever they choose to use hurtful language and whenever they choose to have such demeaning and awful effects on the victims that they go after. As I said, they will never know what that feels like because a bigot restrained will never suffer more than a victim shamed. Racism and bigotry, wherever expressed, are wrong. No-one has a right to be a bigot, particularly if they hurt someone.

That is why Labor proudly stands against this ludicrous bill. It is a complete waste of the Senate's time. It strangles the capacity of the Human Rights Commission, it pre-empts the findings of a current joint committee that is examining some of these very matters and it flies in the face of the detail in this Human Rights Commission annual report, which shows very clearly that the complaints system is effective and working completely fine. There is no other reason why One Nation has brought this about, other than to put forward their ongoing political agenda, which seems to be nothing more than a racist rant.

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