Andrew McLachlan (SA, Liberal Party) Share this | Hansard source

There were three questions from the coalition: one on the topic of Iran and two in relation to the women and children who are currently in Syrian camps seeking to return. In relation to Iran, let us hope that the people of Iran reclaim their country as a result of this conflict. My thoughts and prayers are particularly with those ordinary citizens that are affected, not the instruments of the state. Also, as I have a long and abiding relationship with the people of the UAE, they are not far from my thoughts.

I might come to the Australians who are seeking to return. It presents a considerable ethical dilemma for this parliament and Australia—what to do with these women and children. On the one hand, we must respect the rule of law. There are many, particularly on my side of politics, who proclaim the rule of law at every opportunity. But that really means treating each individual case on its merits and not as a cohort. We must also be mindful of the children. I don't back away from the fact that they are in a conflict and they assisted a horrific ideology and supported it. But that does not excuse us, as Australians, for diminishing our own standards on how we address their return. I don't back away from the difficult ethics faced by the government and by the ministers who must exercise administrative discretions. But, as the minister, Senator Wong, indicated to the chamber, there are no legal instruments at the moment—I'm assuming this is based on the information that's been supplied to the government, and I'm obviously not privy to that—for an exercise of particular discretions, although one order has been given. Therefore, what do we do with these individuals?

I'm going to inject one concept that has not been spoken about, and that's mercy for the children. I think we need to reflect on how we address this problem. It's one thing for the government to say it has no legal authority and can only issue one order, but at some point, if this continues, we then need to change our legislative frameworks to address this problem of failed states and terrorist activity. Alternatively, if these people are going to be repatriated, we need to support them to reintegrate and to leave behind their commitment—if, indeed, they still have it—to terrorism and radical Islamism. I do not think it is weak or backing away from the protection of our own people to have some regard for these children, for they are the affected innocents from their parents' tragic attraction to a horrible ideology. I think it is incumbent upon us all in public life to sometimes leave behind the binary and confront, head on, a difficult and intractable dilemma.

If I can inject one thing into the debate, that is that each individual must account for their own sins. You cannot—or should not, under Australian law—be labelled as part of a group, except in particular circumstances, and children cannot be prosecuted.