Andrew Hastie (Canning, Liberal Party) Share this | Link to this | Hansard source

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the following reports: Review of the re-declaration of Mosul district, Ninewa province, Iraq; Review of the re-listing of Islamic Movement of Uzbekistan, Jaish-e-Mohammad and Lashkar-e Jhangvi as terrorist organisations under the Criminal Code; Review of the re-listing of Hizballah’s External Security Organisation as a terrorist organisation under the Criminal Code; and Review of the re-listing of Hizballah’s External Security Organisation as a terrorist organisation under the Criminal Code.

Reports made parliamentary papers in accordance with standing order 39(e).

by leave—The 'declared area' provisions of the Criminal Code make it an offence for a person to enter, or remain in, an area of a foreign country declared by the Minister for Foreign Affairs.

The first report I have presented today concerns the minister's recent renewal of the declaration of Mosul district, Iraq. Under the legislation, the committee is able to review a declaration and report its findings to the parliament within the 15-day disallowance period.

Due to the timing of the redeclaration of Mosul, the recommendations contained in the committee's recent review of the declared area provisions were not able to be factored into the Minister for Foreign Affairs' declaration. However, the recommendations were considered during both the private hearings and in committee deliberations.

2 The committee concluded that appropriate processes have been followed and, after the private hearings, accepted that a listed terrorist organisation, Islamic State, continues to engage in hostile activity in Mosul district, Ninewa province, Iraq.

While Islamic State no longer exercises territorial control over Mosul district, territorial control is not currently one of the key non-legislative factors outlined in the protocol for declaring an area.

The committee has supported a suggestion from ASIO that the existing protocol be expanded to include the extent to which a listed terrorist organisation exercises territorial control over an area, and any other key factors relevant to the declaration of an area.

The committee supports the redeclaration of Mosul district and finds no reason to disallow the legislative instrument.

The second and third reports I have presented today concern the relisting of terrorist organisations under the Criminal Code.

Under the Criminal Code, it is an offence to direct the activities of, be a member of, associate with or conduct a range of activities in support of a listed terrorist organisation. The Criminal Codeenables the committee to review all listings of terrorist organisations and report its findings to the parliament within the 15-day disallowance period.

The organisations known as Islamic Movement of Uzbekistan, Jaish-e-Mohammad and Lashkar-e Jhangvi continue to engage in, and advocate, terrorism.

3 Although there are no known direct links between any of the organisations and Australia, and none have made statements specifically threatening Australia or Australian interests, all would consider Westerners—including Australians—to be legitimate targets for attack. Additionally, the sometimes indiscriminate nature of their attacks and their disregard for loss of life mean that Australians could be caught up in such attacks.

All three are listed as a proscribed terrorist organisation in Canada, the United Kingdom and the United States. They are also listed in the United Nations Security Council 1267 Committee's consolidated list. None are engaged in any peace or mediation process.

The committee is satisfied that appropriate processes have been followed and concludes that these three organisations continue to meet the definition of a terrorist organisation. The committee finds no reason to disallow the legislative instruments.

Hezbollah's External Security Organisation, the ESO, is a discrete branch or entity within Hezbollah's military wing. The ESO is positioned alongside, but distinct from, Hezbollah's formal militia and military activity.

The ESO has an ongoing program of contingency planning for terrorist activities around the world, provides training, operational support and material to Palestinian extremist groups and is not engaged in any peace or mediation processes.

At a private hearing, the committee sought clarification as to why the Criminal Code listing is limited to the ESO.

The Department of Home Affairs advised that any broadening of the listing, for example, from Hezbollah's ESO to Hezbollah's military 4wing, would have implications, including for Australia's bilateral relationship with Lebanon.

The committee was satisfied that appropriate processes have been followed and that the ESO meets the definition of terrorist organisation under the Criminal Code. Consequently, and on this occasion, the committee supports the relisting of the ESO as a terrorist organisation and finds no reason to disallow the legislative instrument.

However, the committee did not consider that adequate evidence was provided regarding the decision to not include the military wing of Hezbollah in the listing.

The committee also noted that proscription of the ESO is now somewhat inconsistent with the approach taken by some of Australia's closest partners: Canada, New Zealand, the United Kingdom and the United States.

Accordingly, the committee recommends that the government further consider extending the listing to include Hezbollah's military wing.

I commend these reports to the House.

Anthony Byrne (Holt, Australian Labor Party) Share this | Link to this | Hansard source

by leave—I have pleasure in rising to speak and support my friend and colleague the Chair of the Parliamentary Joint Committee on Intelligence and Security in discussing the relisting of the terrorist organisations and the redeclaration of Mosul. In speaking about this I want to re-emphasise to those listening and to those who report on these issues, first off—in terms of the redeclaration of Mosul and the relisting of these terrorist organisations, particularly of Hezbollah's ESO—that the threat to our country as to terrorism events remains unchanged.

When we discuss these relistings, we seem to discuss them in some form of ether to some extent. But, whilst we discuss it in this comfortable place, the men and women of our security organisations and our police force continue to protect our community, and I think we should be thanking them for the work that they have done and continue to do.

For those who are listening who think that this is a tick-and-flick process or a process that the committee doesn't take very seriously, I'd reassure them that we actually do. Why we do—as I re-emphasise to this House and to those listening, even those up in the gallery—is that the threat of terrorism remains unchanged in this country. When we have discussions about terrorism events and about the potential harm to the community, I can say that, if our agencies and our police forces—the AFP and our local police forces—were not doing the work that they are doing, we would be experiencing terrorism events in this country. So I'd like to take this opportunity to say that, when we talk about the redeclaration of Mosul, as an example of that, we do so because that remains an epicentre of threat—not just to the global community, in terms of the re-emergence of a denuded ISIL, but also to this country.

So I would like to just put some emphasis on the speech that the chair gave. I would also make this point, as to Hezbollah—and this was a subject of great discussion amongst the committee and those in the various diasporas who live in Melbourne and Sydney who made representations to us privately and to our committee. Rest assured that, if you look at the recommendation closely, we are keenly following the issue of Hezbollah and its relationship with Iran and any sort of influence that might be brought to bear on diaspora populations in this country, and we will do our job as a committee in keeping our eye on that.

I finish by saying that when one looks at the operational tempo of our oversight committee, it is quite unique in terms of the pressures that our committee has been subjected to. I think we're almost unique among these committees in the Western world—those being the ISC in the United Kingdom and the House of Representatives Permanent Select Intelligence Committee and the Senate Intelligence Committee in the US congress—given that the tempo of work we're doing with legislation that's been brought before us and examined by this committee is at fairly unprecedented levels. I would also like to say, having been chair of this committee and now deputy chair, that it's essential, particularly when we look at the laws that are coming before us in forms of counter-espionage—the espionage and foreign influence and transparency scheme—that bipartisanship remains. I can assure those who have been following this debate from the press and elsewhere in the community that that bipartisanship still remains, particularly in the vehicle that is looking at this legislation, which is the PJCIS, and within this parliament.

Let me say this: if we do not have bipartisanship on this particular issue and on the bills that will come before this parliament, then that would not be in this nation's interest. Mark my words: with respect to the legislation that will come, providing the committee has the opportunity to properly consider the second tranche of legislation—it has reported on the first—this legislation will, with appropriate amendments, offer the protections that this country needs to keep us safe from those who wish us harm.

I would also note that there are those who represent other countries that make comments about our country bringing laws into our nation's parliament to protect the Australian people. I say to those people: it's a very foolish thing to put Australians' backs up against the wall when we introduce legislation that seeks to protect our democratic process. Do not push back. Australians are famous in war, and in floods, fire and famine, for being a strong and resilient people. We have a right to introduce laws into our parliament that protect our democracy. I would urge those who are advocating against laws that protect our democracy to be very, very careful. You are not acting in this country's interests.