Jacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | Hansard source

As I said, Senator: hopefully this afternoon. Indeed, Senator Brandis was in the chamber earlier. I hope he was giving such effect. As we scrutinise this bill, we will ensure that the amendments to the bill, to be moved by the government, fully implement the joint committee's recommendations. We will also ensure that the government honours its commitment to implement those recommendations which do not require legislation. Let me cover those. Firstly, a larger budget for the Office of the Inspector-General of Intelligence and Security, which is recommendation 15; conducting a review of the Attorney-General's guidelines issued under section 8A of the ASIO Act, including examining ASIO's management and destruction of information obtained on persons who are not relevant or are no longer relevant to security matters, which is recommendation 4; and consider issuing ministerial directions to ASIO under section 8 of the ASIO Act requiring ASIO to report to the Attorney-General on instances of non-routine access to third-party computers or premises, which is recommendation 5. Crucially, we insist that the government immediately implement the joint committee recommendation to appoint a new Independent National Security Legislation Monitor.

Labor welcomed Senator Brandis's announcement on 16 July this year that the government had backed down on its plan to abolish the Independent National Security Legislation Monitor. Tony Abbott announced the abolition of the monitor as part of his 'repeal day, wrongly labelling this safeguard of the rights of the Australians as 'red tape'. Mr Abbott also claimed the monitor's review role had ended, instead of recognising the important ongoing role the monitor holds. Labor had fought against the abolition of this important position, and it is clear that the government's bill to abolish his office would almost certainly have failed to pass the Senate. The bipartisan joint committee support for the position of the monitor is vindication of Labor's consistent support for proper oversight mechanisms.

The position of monitor has now been vacant since April, at a time of substantial change to our national security laws and circumstances. Labor calls on the government to appoint an appropriately credentialed and experienced monitor immediately. Our ongoing debate about the reform of national security legislation must be informed and needs to be informed by the expert contribution of a new monitor.

Separately from the joint committee recommendations, Labor also welcomes Senator Brandis's acceptance that the government must amend the bill to clarify that the special intelligence operations scheme will never authorise our security organisations to engage in torture. Australia has a proud history of opposition to torture, as does Labor. The Hawke government signed and ratified the convention against torture in 1985 and 1989. Under the Labor government in May 2009, Australia signed the optional protocol to the convention against torture. We must never allow for any doubt about Australia's steadfast position on this issue. Labor will insist that the government put forward amendments to this bill which make that position beyond doubt. The Australian community, and indeed the international community, should expect nothing less from the parliament and from the government of Australia.

In conclusion, I will return to what Bill Shorten said in the other place on Monday. Keeping our people safe is above politics. The security of our nation runs deeper than any of our differences. Labor takes its responsibility as a loyal opposition very seriously as the parliament deals with legislation relating to our national security. We will assist the government to appropriately resource and empower our security agencies, but we will not give the government a blank cheque. As Bill Shorten said on Monday, we must ensure that in legislating to protect national security the parliament does not damage the very qualities and liberties that we are seeking to defend from terrorist threat. The improvements which are now being made to this bill are testament to the importance of Labor's work in this regard. As the parliament debates this bill, and also future national security bills foreshadowed by the government, we will continue to insist on proper debate, on proper scrutiny and on making sure that Australia strikes the proper balance in its national security arrangements.