Scott Morrison (Cook, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

My question is to the Prime Minister. I refer the Prime Minister to the findings of the inquiry into the explosion on SIEV 36 handed down today, and the naming of three individuals found to be ‘part of a plan to cripple the boat’ and ‘that crimes had been committed in connection with the explosion’ and the referral of the matter to the Northern Territory Director of Public Prosecutions. Will the government now cancel the permanent protection visas granted last October to these three individuals under section 501 of the Migration Act on the grounds that the minister reasonably suspects these persons do not pass the character test?

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

I thank the honourable member for his question. His comments go to the release of the coroner’s report in the Northern Territory today. They also go to various contents of the report and actions which he argues arise from it.

First of all, I go to the content of the report. Firstly, I am advised that the coroner’s finding is that crimes may have been committed in connection with the explosion. The coroner proposes to refer these findings to the NT Commissioner of Police and the NT Director of Public Prosecutions. The coroner noted that he only has to have a belief about a crime being committed and that the question of whether or not there is sufficient basis for further investigation and prosecution is a matter for them. Therefore, I would say in response to the honourable member that it is important to proceed cautiously in public comments on a matter which has been referred to the relevant legal authorities.

The second point I would make is that the Northern Territory coroner has also concluded that the explosion was caused when a passenger or passengers deliberately ignited petrol which had collected in the bilge area below the deck of SIEV 36. I also say in response to this that in relation to certain other matters canvassed by the coroner I reiterate what I said earlier in this place: we should all remember that under these difficult circumstances our ADF personnel are working under very difficult and trying circumstances. I think all members of this House would agree with that.

Furthermore, I refer to another element of what the NT coroner’s findings have contained. The coroner’s findings have said that the action taken by Navy personnel was appropriate, and more passengers may have died but for the action they took. In terms of subsequent action, that should be considered on a case-by-case basis by the relevant minister.

Scott Morrison (Cook, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

Mr Speaker, I rise on a point of order.

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

Order!The Prime Minister has concluded his remarks. The member for Cook will resume his seat.

Scott Morrison (Cook, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

Mr Morrison interjecting

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

Order! I will come back to the member for Cook on that basis, but I just want to deal with another matter that has arisen. I accept his advice.

There may be members of the frontbench on my left that have a crusade about matters. The major point of order that can arise during an answer is the matter of relevance. In this case, I can assure you that the remarks made by the Prime Minister related to the question. So there was nothing surprising in my actions.

Scott Morrison (Cook, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

I seek leave to table section 501 of the Migration Act. It says:

… the Minister reasonably suspects that the person does not pass the character test …

It is a test of ‘reasonably suspects’. You have had a coroner say, ‘They committed a crime.’

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

Order! Member for Cook, don’t go too far. Is leave granted?

Leave not granted.

Don Randall (Canning, Liberal Party, Shadow Parliamentary Secretary for Roads and Transport) Share this | Link to this | Hansard source

Soft on crooks.

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

Mr Speaker, I rise on a point of order. I would ask that that comment be withdrawn.

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

The member for Canning will withdraw.

Don Randall (Canning, Liberal Party, Shadow Parliamentary Secretary for Roads and Transport) Share this | Link to this | Hansard source

Mr Speaker, saying ‘soft on crooks’ is not unparliamentary.

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

The member for Canning will withdraw.

Bruce Billson (Dunkley, Liberal Party, Shadow Minister for Small Business, Deregulation, Competition Policy and Sustainable Cities) Share this | Link to this | Hansard source

Mr Billson interjecting

Don Randall (Canning, Liberal Party, Shadow Parliamentary Secretary for Roads and Transport) Share this | Link to this | Hansard source

I withdraw.

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

The member for Dunkley will withdraw.

Bruce Billson (Dunkley, Liberal Party, Shadow Minister for Small Business, Deregulation, Competition Policy and Sustainable Cities) Share this | Link to this | Hansard source

I withdraw.