Senate debates

Monday, 15 March 2021

Questions without Notice: Take Note of Answers

March 4 Justice, Members of Parliament: Staff, Attorney-General

3:41 pm

Photo of Paul ScarrPaul Scarr (Queensland, Liberal Party) Share this | Hansard source

Firstly, I acknowledge Senator McAllister's contribution. It was impossible not to feel the passion of her address and also the pride which she had for her mother attending the march in Lismore. I do acknowledge that deeply.

I think we need to be fair to Minister Payne. I was actually in this chamber, giving a speech in relation to the bill on academic freedom and freedom of speech, and Minister Payne was actually attending the chamber, discharging her duties as a minister of this government. Whilst I have heard reflections cast upon senators for not being in this place at certain times, which is considered disorderly, I must say that this is the first time I've heard reflections being cast on a senator for actually being in this place and doing their job.

I've known Senator Payne for over 30 years. She is an extraordinarily decent person who cares deeply about these issues. I think that anyone who, with a fair and reasonable mind, looked at Senator Payne's background, her advocacy on these issues and other issues of great social consequence could not come to a conclusion other than the fact that Senator Payne is extraordinarily sincere and committed to doing what can be done in relation to addressing the issues raised by Senator McAllister. Certainly, in the context of budget estimates, I've admired how Senator Payne, wearing her Minister for Women hat, has addressed issues and questions which have been put to her by members from all parties in relation to the discharge of her ministerial responsibilities. In particular, I congratulate the minister with respect to her dedication to promoting the cause of women across the Pacific region.

In relation to the accusation levelled at our Prime Minister that he could not make time to meet the people who convened in their march on this place: I think it's important that we quote what the Prime Minister has said in relation to that matter and that it's on the public record. To quote the Prime Minister:

I haven't had a habit of going out to do any marches when they've come to Canberra … But I'm very happy to receive a delegation and I'll respectfully receive that, as I'm sure they will respectfully engage with me.

The reality is the Prime Minister has adopted a course of conduct where he does not engage outside the parliament with marchers, whatever the cause, but he made a sincere invitation to a delegation to come and meet with him, and also with Senator Payne, in relation to the matters of concern. I think that's a fair and reasonable position for our Prime Minister to adopt.

There have been some other comments made during the course of this debate which I think senators need to carefully reflect upon. Certainly comments in relation to the Attorney-General and the description with respect to the call for independent inquiries into the matters that were the subject of a criminal investigation, which has been closed, I think bear extraordinarily close scrutiny. The fact of the matter is—and this is my view and certainly the view of other members of my legal profession whom I've discussed this with—it would be extraordinarily problematic to embark on an independent inquiry, the heart of which goes to matters which were the subject of a criminal complaint. That is simply a reality of the situation. It is problematic, and I think those opposite should at least acknowledge the fact that these are extraordinarily difficult issues and that there is a legitimate view that having an independent inquiry into matters which have been the subject of a criminal investigation which has closed, especially when the allegations are more than three decades old, is a difficult proposition. That certainly has been argued by such eminent lawyers as Arthur Moses SC, who was president of the New South Wales Bar Association and the Australian Law Council.

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