Sussan Ley (Farrer, Liberal Party, Shadow Minister for Justice and Customs) Share this | Link to this | Hansard source

My question is to the Prime Minister. Will the Prime Minister confirm that the Oceanic Viking is licensed to carry a maximum of 75 people, including crew and Customs officers? Will the Prime Minster inform the House how many crew and Customs officers are on board the vessel, along with the 78 asylum seekers? Is the Prime Minister concerned about the health and safety of the crew and Customs officers and the asylum seekers?

Opposition Members:

Opposition members interjecting—

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Order! The member for Farrer has the call.

Sussan Ley (Farrer, Liberal Party, Shadow Minister for Justice and Customs) Share this | Link to this | Hansard source

The third part of my question—I am sure the Prime Minister can remember the first two parts—is: is the Prime Minister concerned about the health and safety of the crew, Customs officers and asylum seekers who have now been on board for 10 days?

Kevin Rudd (Griffith, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

I actually do not know how this question ever got past the tactics committee of the opposition, because buried within it is this assumption that somehow there is a capacity constraint within an Australian vessel, military or non-military—that somehow, if there are persons in distress at sea, we should not attend to all those persons. Is that what is being suggested here? Let us go to the facts of this matter, which are that the Indonesian search and rescue authority identified a distress vessel at sea within their search and rescue zone. Secondly, as I am advised, because there was no Indonesian vessel available, they asked for an Australian vessel to assist. Thirdly, Australia, consistent with its obligations under international maritime law, did so. Fourthly, I would believe that any Australian citizen who in the future ran the risk—

Malcolm Turnbull (Wentworth, Liberal Party, Leader of the Opposition) Share this | Link to this | Hansard source

Mr Turnbull interjecting

Kevin Rudd (Griffith, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

Here he comes to try and clean up the wreckage.

Malcolm Turnbull (Wentworth, Liberal Party, Leader of the Opposition) Share this | Link to this | Hansard source

Mr Speaker, I rise on a point of order which goes to relevance. The Prime Minister has recited the search and rescue fact several times. He has been asked about numbers.

Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source

Mr Speaker, I rise on a further point of order. On a number of occasions already in today’s question time the opposition have disrupted answers from the Prime Minister that were completely relevant in order to make a political point. I would ask that you call them to order.

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

I take note of the point of order. On the Leader of the Opposition’s point of order, the Prime Minister is responding to the question. The House will please attempt to approach this subject which over a long period has made the emotions heighten. But I think it does not deserve the way in which the House is approaching the discussion of this problem. The Prime Minister will be heard in silence.

Kevin Rudd (Griffith, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

I would remind the member of what the international legal obligations for countries such as Australia are under these circumstances. Under customary international law, all vessels have a duty to render assistance to a vessel in distress. This duty is reflected in article 98 of the United Nations Convention on the Law of the Sea, to which both Australia and Indonesia are parties. Article 98 obliges a state to require the master of a ship flying its flag to proceed with all possible speed to the rescue—

Christopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | Link to this | Hansard source

The point is to get the people off the boat!

Ms Julie Bishop (Curtin, Liberal Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

They’ve been on the same boat for 10 days.

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Order! The Prime Minister will resume his seat. There is no way, under the standing orders, that addenda can be added to a question by interjection. Those who are attempting that should sit there in silence. The Prime Minister is responding to the question.

Kevin Rudd (Griffith, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

Thank you very much, Mr Speaker. Australia has given effect to that obligation by dispatching HMAS Armidale to rendezvous with the distressed vessel. Australia’s obligations are outlined in this respect through sections 265 and 317A of the Navigation Act 1912. It requires the master of a vessel to rescue persons in distress. That act does not apply to military vessels. Australian naval vessels give effect to rescues under ADF instructions and exercise the executive power under section 61 of the Australian Constitution.

This is the legal framework within which we operate. It is the framework within which civilised mainstream countries around the world seek to operate. We do so because there are mutual obligations around the world and because Australians may also find themselves in distress at sea in various parts of the world where we need to call upon others to exercise reciprocal responsibilities.

Michael Keenan (Stirling, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

That has nothing to do with the question you were asked.

Kevin Rudd (Griffith, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

The question went to the capacity of the Oceanic Viking. I can only go on the assumption that the person asking the question is also posing the question: if there were a capacity constraint within the Oceanic Viking, what should then have occurred with the distressed persons at sea?

Christopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | Link to this | Hansard source

Mr Pyne interjecting

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Order! The member for Sturt is warned!

Kevin Rudd (Griffith, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

We will act humanely, we will act effectively, we will act expeditiously when we receive calls from the Indonesian authorities, as we did in this case.

Ms Julie Bishop (Curtin, Liberal Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

Ten days ago!

Kevin Rudd (Griffith, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

The honourable members interject, including the member for Curtin, who once again comes in on cue. She said in an earlier interview on such subject:

We need a new approach …

We need a lot more UN involvement in Indonesia …

There has to be much more money go to the UNHCR …

More countries need to take more people from the camps …

It is vital there is an agreement with Indonesia. I agree we have to take more refugees …

So said the member for Curtin in an earlier time. Consistency has never been their strongest suit.