Lidia Thorpe (Victoria, Australian Greens) Share this | Hansard source

[by video link] I rise to speak on the Foreign Intelligence Legislation Amendment Bill 2021. This is yet another spectacular example of how the two major parties team up with each other to just ram through legislation in this chamber without respect for due process. The Liberal Party always say that they are a broad church. They're so broad in fact it seems they also take a big chunk of the Labor Party, too. This bill was referred to the Parliamentary Joint Committee on Intelligence and Security, also known as the Lib-Lab closed shop, for a secret review and a final report by Friday 20 August 2021. The PJCIS recommended the bill be passed—no surprises there. They have locked out every crossbencher and made these decisions on their own, as the Labor Party and the Liberal Party do so often, without having any regard for anybody else in this place.

This is subject to two amendments: requiring reporting to PJCIS in certain circumstances and a review of the provisions after five years. The bill and explanatory memorandum were referred on an embargoed basis as the bill had not yet been tabled in parliament. The committee agreed to the government's request to consider this legislation quickly and in private. The government wants to do business quickly and in private. The committee held a classified briefing on Monday 23 August 2021 with officials from relevant agencies—again, a closed shop. We as senators in this place all have responsibilities to represent the people that have put us here. The two major parties—Labor and Liberal—have created this closed shop that disallows other senators from having input on behalf of their constituents. That's great for democracy! It's closed shops, secrecy and privacy.

Now the two old parties want to tell us that this legislation is for our own good and so absolutely important to the running of the country and the alleged protection of the Commonwealth that we are just meant to pass it without review. This is serious legislation. How can we not be reviewing it and allowing other senators to have input and hear those briefings so they can make an informed decision and be part of the decision-making? But, no, it's the closed shop of Labor and Liberal. Maybe my colleagues in there have forgotten that this chamber is a house of review. This is absolutely disgusting. It's a contempt for democracy and should not be allowed.

We will not be voting for this bill at this stage, not until you come back to this house to allow proper debate and scrutiny. That's what we're paid to do, right? We have tried to refer this bill to the Legal and Constitutional Affairs Legislation Committee to allow for proper scrutiny by the parliament and the people. That's what we're meant to do. If you're scared of proper debate and scrutiny of laws, which I thought was what we were meant to be doing, then maybe you should think about why you're here. If you're just forming your own private club, then be open and transparent about that. I'm sure the people out there don't want closed shops in this place, which don't allow us a say. Labor and Liberal, you should be ashamed of yourselves for teaming up like this, doing a dirty little deal and rushing it through in the way you have.

Until you actually live by your so-called values of democracy and do your job as senators, rather than having closed-shop committees, we have to think about why you're here. Why are you here? I know why I'm here. Come back here once you've considered why you're here and how bad this is for the Australian people—for you all to lock out other senators from having a say, scrutinising this bill and taking it through a review process. Tell the Australian people that you two have joined forces and are blocking a review of a piece of legislation that's going to have an effect on ordinary Australians. Until that time, we can't support the bill. You're blocking democracy. You're not acting in good faith. You're not representing the people, and your little PJCIS fiefdom is wrong. We shouldn't be operating like that, as elected officials in a place where we're meant to be scrutinising legislation that affects the Australian population. I think you need to have a good hard look at yourselves—dig deep—and allow us to properly review this legislation to ensure free, prior and informed consent. Don't rant about free, prior and conformed consent when you don't allow it to happen in this place. Open it up. Let us review it, and let's do the right thing. I call on all senators with any integrity to do the same. Thank you.