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

They do indeed, Senator Xenophon, and I am very proud to be associated with you in the prosecution of this cause, which I know you have prosecuted—if I may say so through you, Mr Acting Deputy President—with great sincerity and diligence in the years that you have been in the Senate. I am sure that if you had been in the Senate at the time of the Harvey and McManus case the issue would have been prosecuted by you even earlier.

Senator Xenophon and I have had a discussion and we have agreed, as has Senator Ludlam, that given the significant public interest in both bills—that is, the Wilkie-Xenophon bill, if I may so call it, and the coalition bill—it is appropriate that there be a reference to the Senate Legal and Constitutional Affairs Legislation Committee for a brief inquiry and report. I foreshadow a second reading amendment to this effect:

… the bill, together with the bill of the same title introduced by Senator Brandis on 29 September 2010, be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 23 November 2010.

That is Tuesday of next week.

I understand that this is an inquiry that is being brought on at very short notice but that will enable the slight difference of approach between the two bills in relation to the breadth of the coverage of the protection to be ventilated. Given the extremely high level of public interest generated by this legislation, it seemed to Senator Xenophon, Senator Ludlam and me to be appropriate that there should be such a reference so that the stakeholders could have their final say on the two bills. By the near reporting date on Tuesday of next week it will still be possible for both bills, hopefully in a harmonised form, to be passed through the parliament before we rise for the Christmas recess.

That is all I want to say on the second reading debate. When I introduced my bill on 29 September I set out the policy reasons and, if I may say so, the ethical reasons why this is an appropriate piece of law reform. Having gratuitously attacked the Australian Labor Party for its extreme tardiness on this issue and its rank political opportunism in only coming to the cause at the last minute because of the political complexion of the House of Representatives I think I can let that matter rest without belabouring the point. On behalf of the opposition I move:

At the end of the motion, add: and the bill, together with the bill of the same title introduced by Senator Brandis on 29 September 2010, be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 23 November 2010.