Senate debates

Tuesday, 13 May 2014

Questions without Notice

Racial Discrimination Act 1975

2:48 pm

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

My question is to the Attorney-General, Senator Brandis. I refer to the Attorney-General's exposure draft on changes to the Racial Discrimination Act. Does the Attorney-General welcome the support of Holocaust denier Fredrick Toben and the Adelaide Institute for his changes to the Racial Discrimination Act?

2:49 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

I was not aware that Mr Toben had expressed any views on the exposure draft, and I must confess to you, Senator Singh, that I have never heard of the Adelaide Institute. But I have to tell you that I am aware of some remarks that in the past Mr Toben has made about Holocaust denial, and I think what Mr Toben has said is absolute rubbish, of course, as anyone in this chamber would say.

Senator Singh's question does, however, give me the opportunity to acknowledge and thank the many Australians—some thousands of Australians in fact—who have responded to the government's invitation for feedback and input on our proposals to reform the Racial Discrimination Act so as to achieve the twin goals of removing the anti freedom of speech provisions and strengthening the anti racial vilification provisions, which, as I keep saying, are not inconsistent goals if handled correctly. The consultation period officially expired on 30 April, though that being the middle of the week and there being plenty of late submissions we extended that by a couple of days. I am in the process at the moment of going through those many submissions. You will not be surprised, I suspect, Senator Singh, that those submissions reflect a variety of views across the Australian community on what is an important and difficult issue. There are those who would repeal section 18C in its entirety. That is not the position of the government and it has never been the position of the government. There are those who would leave section 18C unamended, and there are those who, like the government, think that there is a case to be made for reform of the section.

2:51 pm

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

Mr President, I ask a supplementary question. I refer to Mr Toben's submission to the Attorney-General, in which he argues that the new law should be referred to as 'the Toben amendments'. Does the minister agree with Mr Toben?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

As I have said, I have never read anything Mr Toben has said but I am aware of his views from press reports. The views that I have heard attributed to Mr Toben are absolute rubbish. I wonder, Senator Singh, if you are going to take this seriously, why you would delay the time of the Australian Senate by quoting a nutter like Fredrick Toben. But I will tell you who I do agree with. I do not agree with Mr Toben but I do agree with President Barack Obama, who said last week in relation to the Donald Sterling case:

When ignorant folks want to advertise their ignorance, you don’t really have to do anything. You just let them talk. And that’s what happened here.

That is the difference between our approach and your's, Senator Singh: people who believe in objectionable ideas should be exposed.

Senator Cameron interjecting

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Order! Senator Cameron, I am waiting to give Senator Singh the call.

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

Bad luck, bad luck.

2:52 pm

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

Can the Attorney-General advise the Senate of any major community or ethnic group in Australia that has made a submission to support his plan to remove protections from the Racial Discrimination Act?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

As I said in my answer to your primary question, there are a variety of views on this issue and different areas of the Australian community partake of that variety of views. You see, Senator Singh, unlike the people on your side of the chamber, we actually are not threatened by the fact that there is a variety of views on important social questions. We think the fact that that is a variety of views on important social questions is a good thing and a bad thing. And unlike you, Senator Singh, we are going to consider that variety of views in order to arrive at the objective that the government has set itself. And that is to reform section 18C of the Racial Discrimination Act so it serves, better than it currently does in its current form, the twin objectives of stronger anti-racial vilification laws and greater protections for freedom of speech.