Senate debates

Monday, 10 August 2015

Bills

Migration Amendment (Strengthening Biometrics Integrity) Bill 2015; Second Reading

8:47 pm

Photo of Glenn LazarusGlenn Lazarus (Queensland, Independent) Share this | Hansard source

I rise to support this really important bill, the Migration Amendment (Strengthening Biometrics Integrity) Bill 2015. We are living in challenging times. Not only is the threat of terrorism on the rise but the number of people moving through our borders is also on the rise. In 2013-14, over 35 million passengers arrived and departed from our borders and nearly five million visas were granted. The number of people travelling in and out of Australia is estimated to rise significantly in the future; in fact, passenger numbers are expected to reach 50 million by 2020. Given this, we need to arm our border protection and management agency, the Department of Immigration and Border Protection, with the most progressive and flexible range of tools possible to manage the identification of people.

Border protection and management are one of the most important aspects of our national security. It is imperative that our people at the front line, in airports and at ocean liner terminals, have the ability to process the arrival and departure of people with ease and speed while maintaining the highest levels of scrutiny. It is for this reason that we need to improve the way we process the arrival of people to our shores and put in place improved mechanisms to ensure that those seeking to enter our country are here for the right reasons. We also need to ensure that those seeking to leave the country are leaving for the right reasons.

All of this means that we need a better way of managing the identity of those moving through our borders, and this bill will do just that. It will consolidate the federal government's existing personal identification collection powers by introducing a single power to collect personal identifiers that replaces seven existing collection powers in the Migration Act. This will streamline existing processes to prevent inconsistency and duplication in the capture of personal identification information. I should note that I understand that the bill will not change the way in which data is held and retained and that fingerprint technology will not retain personal identifier information.

The streamlining effect of this bill will enhance the department's ability to identify noncitizens who have a criminal history or who are of character concern and to assist in identifying persons who may be of security concern to Australia or a foreign country. It will also provide the flexibility to require personal identifiers for visa applicants considered part of an identified higher risk group or for those where there are reasonable grounds to suspect identity fraud. It will also provide greater flexibility in relation to the capture of personal identification information for minors and incapable persons where there is a concern that they may be at risk or where there are concerns about the reason for their travel. It will also enable the department to collect personal identification information from visa applicants more than once.

In working through the bill, I did have some concerns regarding the privacy impact of the bill. However, after discussions with the minister and his staff, I am confident that the proposed changes will involve minimal impact on the human rights of those affected. I am confident that the bill achieves a very careful and considered balance between the safety of Australians and the impact on the human rights of those affected. I understand that the privacy impact assessment, which was recommended by the Senate inquiry, may be available to the public in due course. Hopefully, once this assessment is available to all for public perusal it will address any concerns the general public may have in relation to privacy issues.

I would also like to make a few comments regarding Labor's amendments, which I feel do have merit. Labor's amendments seek to place safeguards around the taking of information from young people or those who may be vulnerable for a range of reasons. While I understand Labor's concerns, I am also acutely aware of the need to ensure we do not impose any further administrative burden on our already very busy and very stretched front line. This bill is about increasing the efficient processing of people, not increasing the work load and administrative burden of people processing. For this reason, I will not be supporting the Labor amendments. I would however like to acknowledge the good work of the Labor Party in seeking to add further protections to what is already a very good bill.

I am comfortable that the bill does allow sufficient measures to protect the most vulnerable. Testing will still be done with two people present, with one of those officers being female. In the case of minors and incapable persons, if a parent or guardian is travelling, consent will be sought first. Children and vulnerable persons will only have their personal identifiers collected if they are selected by trained officers to be at higher risk of harm or a higher risk to the safety of the community. This is essential in the case of child trafficking, smuggling or exploitation.

In summary, the number of arrivals and departures is increasing exponentially. The national security alert was raised another level in September 2014. The trafficking of men, women and children into Australia is increasing and remains a concern, according to Australian Federal Police data, which reported 70 new referrals of trafficking in 2013-14 compared to just 15 in 2003-04. This bill will assist to address this issue both in Australia and overseas with other cooperating agencies.

Australia needs effective and efficient measures to not only allow legitimate travellers to pass through without undue delay but also detect those at risk of harming Australia or elsewhere before they enter or leave our borders. More importantly, we need to be able to detect vulnerable children, women and men who are being trafficked into Australia. I believe this bill will assist to strengthen our country's management of our borders, reduce the risk of people trafficking and will provide our front-line men and women with the tools and systems they need to keep us safe.

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