Senate debates

Monday, 15 June 2015

Questions without Notice

Australian Human Rights Commission

2:56 pm

Photo of Anne McEwenAnne McEwen (SA, Australian Labor Party) Share this | | Hansard source

My question is to the Attorney-General, Senator Brandis. Does the Attorney-General understand that his primary role as the first law officer of the Commonwealth is to uphold the rule of law? If so, why has the Attorney-General failed to defend the president of the Human Rights Commission, Professor Gillian Triggs, from unprecedented personal and partisan attacks and from being induced to resign?

2:57 pm

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

The answer to your first question is yes. The answer to your second question is: I am sorry to say that the government has lost faith in Professor Triggs, and we consider her position to be untenable. Let me explain why. The Human Rights Commission, and in particular the president of the Human Rights Commission, must command the confidence of both sides of politics to do their job well.

We understand perfectly that the Human Rights Commission and its president will on occasion have cause to criticise the government of the day. In fact, that is their task. It is all the more important, therefore, that the president of the Human Rights Commission protect her reputation and the commission's reputation for not engaging in partisanship. I am afraid that that reputation has been lost by the president. The fact is that Professor Triggs told Senate estimates last November that when she came into office in the middle of 2012 she saw that there was an urgent need to conduct an inquiry into children in detention—children who peaked at almost 2,000 in number during the period of the previous Labor government—and yet she delayed the holding an inquiry into an issue, which she herself had identified as an urgent issue, until after the election was out of the way, more than a year later.

Opposition Senators:

Opposition senators interjecting

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

In doing so, she created the impression with many, many Australians that she was doing the Labor party a favour by getting the election out of the way before embarking on this urgent inquiry.

2:59 pm

Photo of Anne McEwenAnne McEwen (SA, Australian Labor Party) Share this | | Hansard source

Mr President, I ask a supplementary question. Can the Attorney-General confirm his statement?

Professor Triggs does not have a relationship with the government. The Human Rights Commission does; the president does not.

Why does the Attorney-General continue to undermine the President of the Human Rights Commission and the institution that she leads?

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

I can confirm that statement. That is the case for the reasons I just explained.

Photo of Anne McEwenAnne McEwen (SA, Australian Labor Party) Share this | | Hansard source

Mr President, I ask a further supplementary question. Why is the Attorney-General happy to stand in this place to defend the rights of bigots but will not defend a statutory office holder who promotes and protects the human rights of all Australians?

3:00 pm

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

I will not defend a person who has damaged the reputation of the institution that they are meant to lead. I will not defend a person who has damaged the reputation of the institution that they are meant to lead; no, I will not. I will tell you the truth: I do not have confidence in Professor Triggs, because I believe that she played a partisan game, and that is the one thing that the leader of the Human Rights Commission must never do.

As for the rest of the members of the Human Rights Commission, there are some who come from the Labor side of politics, like Dr Tim Soutphommasane, there are some who come from the Liberal side of politics, like Mr Tim Wilson, but they do a good job because they are wise enough, they are careful enough and they are canny enough not to ensnare the Human Rights Commission in partisan politics. That is the reason why I and people on my side of politics have lost confidence in the president while maintaining confidence in the— (Time expired)

Mr President, I ask that further questions be placed on the Notice Paper.