Senate debates

Wednesday, 6 December 2006

Tax Laws Amendment (2006 Measures No. 4) Bill 2006

In Committee

10:56 am

Photo of Nick SherryNick Sherry (Tasmania, Australian Labor Party, Shadow Minister for Banking and Financial Services) Share this | Hansard source

I indicate on behalf of the Labor opposition that we will be supporting the amendment moved by the Australian Democrats removing the discrimination against same-sex couples in the area of property rights that this government continues to maintain. There are a number of reasons for supporting the amendment. Firstly, it is Labor policy to remove such discriminatory provisions. In that respect, we are in accord with the approach of the Australian Democrats. Senator Murray is right to draw to the attention of the chamber the specific promise and commitment given on this area by no less than the Prime Minister about 18 months ago. Why are we dealing with a piece of legislation today that specifically cuts across the commitment and the promise given by the Prime Minister? I think it is yet another example of a very arrogant government that is, in this case, trying to walk down both sides of the street at once. On the one hand, it accepts that discrimination against same-sex couples in property rights should be removed, as was promised by the Prime Minister some 18 months ago. On the other hand, we get a piece of legislation that does not reflect his or his government’s commitment.

I know Senator Murray is well aware that a promise and commitment given by the previous Assistant Treasurer, Senator Coonan, to remove discrimination in superannuation has not yet eventuated. Senator Murray would also be aware that it gets worse because Senator Coonan gave a specific promise in writing to the previous shadow minister responsible for this area, Senator John Cherry—not to be confused with Senator Nick Sherry—on the removal of discrimination in superannuation. I know the government has this ‘under consideration’. I think that is the term and approach that Senator Minchin has used in Senate estimates when Labor has raised this issue.

Earlier in my contribution I touched on secrecy. The government keeps costings secret in defiance of its own Charter of Budget Honesty. Regarding the superannuation matter that is still supposedly under consideration by the government, I sought the costings and was refused them by Senator Minchin and the government. I then placed a freedom of information request for information on discrimination against same-sex couples regarding superannuation and that was refused. That is another example of cover-up and refusal to provide information that is a matter of fact—in this case the costings of the superannuation measure.

Labor will be supporting this amendment. There is no good reason for this discrimination to continue. We are very pleased and proud to support the removal of discrimination in property rights. After all, this is the property of the individual—or in this case the same-sex couple. What right does a parliament or a government have to discriminate against a person’s own property by continuing to apply discriminatory tax provisions in this way? It has no right.

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