Senate debates
Wednesday, 12 February 2025
Condolences
Hughes, Hon. Thomas Eyre Forrest (Tom), AO, KC
4:00 pm
Maria Kovacic (NSW, Liberal Party) Share this | Hansard source
The Jesuits have a maxim that they teach their students, their seminarians, which is foundational to the way that they see the world. They call on each other to be men and women for others. It builds upon Ignatius's spiritual exercises, which call for love to be expressed not just in words but in deeds. It should come as no surprise to any of us here that Tom Hughes was a product of this very Jesuit education at St Ignatius' College Riverview. Few others readily come to mind in exhibiting this calling throughout a life of service more than Tom—an eminent life of service to his country, to this parliament and to the law.
Tom graduated in law from the University of Sydney and enlisted in the Royal Australian Air Force in 1942. After some training in Australia and the US, Tom volunteered for No. 10 Squadron RAAF in Plymouth, flying Short Sunderlands and protecting Atlantic shipping and, in 1944, the English Channel and Bay of Biscay during D-Day operations. For his work in the war, which he later described as a 'rather minimal contribution to the war', he was awarded the French Legion of Honour amongst his Australian and imperial awards.
On 3 March 1964, Tom delivered his maiden speech in the other place as the member for Parkes and, later, the member for Berowra. In it, he discussed the most pressing matter of the time, particularly for those on his side of politics—the Cold War. Tom was resolute about the risks that Australia faced and the role of Australia particularly in the light of a diminished empire and the threat of communism to the free and open world, particularly in Asia. His words echo true today—the need to be vigilant in the face of threats to our way of life, this time at the hands of authoritarian regimes.
Tom later recalled in regard to the development of his political ideology: 'It's true that I was a fairly conservative politician when I first entered parliament in 1963, but in time I think I learnt to temper that conservatism, and later I think I was regarded as a small-l liberal.' It was this shift that came to a head at the latter end of his parliamentary career. In May 1970, when he was the Commonwealth Attorney-General, Tom gave an address to the sixth national conference of the Australian Council of Social Service at the ANU. In it, the first law officer of the Commonwealth made what was at the time considered to be a remarkable statement. He said:
It is one thing to disapprove on moral grounds of homosexual connection in a private place between consenting adults. It is another thing to permit such disapproval to drive one to the conclusion that conduct of that description should be classified as criminal.
This statement was remarkable at the time because homosexual acts were illegal. He was at that point and for some time after the only Liberal politician to express the desire to decriminalise homosexuality. He was saying then that the government did not belong in people's bedrooms. He was ahead of his time.
Naturally, Tom's calls did not go unnoticed by elements of his own party, and, shortly after ending up on the wrong side of a leadership spill and back on the backbench, Tom was the subject of a preselection challenge. On 8 October 1971, delegates of the New South Wales division of the Liberal Party gathered at their Ash Street headquarters in Sydney to select their candidate for Berowra. Tom was being challenged by four candidates, including leading conservative and state MP Jim Cameron. But, as selectors entered the building, a remarkable thing was happening on the street: the Campaign Against Moral Persecution was staging a demonstration in support of Tom. The Australian newspaper had reported on that morning of the meeting, 'Australia's homosexuals will hold their first public picket'. It was the first ever public demonstration by that group and it was done in support of the preselection of Tom Hughes.
However, whilst Tom was victorious in the preselection, defeating his challengers in the first ballot, he would decide not to contest the next election and would return to the bar full time. He was elected to the Council of the Australian National University and was elected President of the New South Wales Bar Association. As I mentioned at the outset, Tom would carry the values he was taught at a young age whilst at the bar. He represented Robert Askin, Gough Whitlam, Vic Garland, Kerry Packer, Bill Waterhouse and Lionel Murphy during a career that would culminate in him being dubbed, as we've already heard today, a lion of the bar. He retired a month before his 90th birthday. In more recent years, I am particularly proud to have worked on the Tom Hughes Oration, led by my friend the member for Berowra, which is now an annual fixture in the Berowra federal electoral conference, which I led for a number of years. It was a privilege to witness Tom's formidable intellect in person.
Tom is survived by his wife, Christine; his children, Lucy, Tom Jr and Michael; and, of course, Malcolm—all of whom, I might add, have given exemplary services to this country, to the law and to the Liberal Party. I offer my condolences to Tom's family and friends. May he rest in peace. Ad maiorem Dei gloriam.
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