Chris Ellison (WA, Liberal Party) Share this | Link to this | Hansard source

I move:

That the Senate take note of the answer given by the Minister for Immigration and Citizenship (Senator Evans) to a question without notice asked by Senator Ellison today relating to border protection.

In July this year the government released a new policy in relation to mandatory detention and I know that the government has been trying to downplay it ever since by saying that there has been no real change. Of course, that is not the fact at all. In fact, at estimates this year I questioned Senator Evans and he started by saying:

Just to correct the record, there was no change in the policy on mandatory detention.

He then went on to say:

There were some changes to the values to be applied in detention centres. I am not trying to say there was not a change.

Now which is it? Is there a change or is there not a change?

Close examination of the government’s changes shows that there is the potential to release from detention someone who has arrived here unlawfully if they pose ‘no danger to the community’. That was contained in a press release on 29 July by Senator Evans. To quote directly, he stated:

A person who poses no danger to the community will be able to remain in the community while their visa status is resolved. The department will have to justify why a person should be detained.

So what we have is a distinct relaxation of the policy in relation to mandatory detention—that is, after health checks, security checks and other initial checks are carried out, the person can then be released. This is the clear message that is being received.

In today’s press we have a report about International Organisation for Migration chief Steve Cook. He told the Australian that:

… smugglers had tracked the policy changes and there had been a dramatic surge in smuggling in the past 12 months.

In fact, he said:

People smugglers have clearly noted that there has been a change in policy and they’re testing the envelope.

Similarly, the Deputy Commissioner of Criminal Investigation of the Indonesian National Police said that there was a problem with people smuggling. He said:

… the number of boat crossings to Australia had increased, particularly in recent months.

When you look at the statistics over the past few years, they tell a dramatic story indeed. In fact, in 2000-01 and 2001-02 we had some 4,137 people arrive illegally in the first year and 1,212 in the second year. As a result of strong border protection by the Howard government, that went to zero in the next year.

It is interesting to average the arrivals we have had since 2002. If you do the figures from 2002-03 through to 2007-08, we have an average of around two boats or the equivalent of 47 people per year. What have we seen since July this year when the Rudd government announced its relaxation of mandatory detention? We have seen four boats arriving in Australia and some 55 arrivals. That is a clear increase, in five months, on the total of the previous year and a clear increase of that average I mentioned over previous years. Of course we have had not only a change to policy but also funding cuts to Navy, to Border Protection Command and to Customs. Across the board we have had a funding cut to the border protection of this country so that we have a double-pronged initiative diminishing the border protection of this country. We have a change in the immigration policy of this country and we have a logistical diminution of border protection.

I mentioned that in the questions to Senator Evans and he said that he was going to carry out an investigation as a result of the recent arrival in Shark Bay. That is why I asked him what he has done to seek assurances from Customs that they have not cut their patrols and that Border Protection Command has not diminished its surveillance of our coastline? It is very interesting to see—and I put the government on notice in relation to this—what has happened to their coastguard policy that they have championed so loudly over the last few years. Where has their commitment to border protection gone? It has gone nowhere because they have cut border protection and changed our strong immigration policy, thus sending a green light and a message to potential people smugglers in the region that Australia’s borders are now ‘open for business’.

Kate Lundy (ACT, Australian Labor Party) Share this | Link to this | Hansard source

I can see only one senator who is sending a message to Indonesia about a green light on border patrols and people smugglers and that is Senator Ellison. I have never heard a more disturbing attempt to misrepresent federal Labor’s policy with respect to border control. He stands here and speaks to this issue today as though he blocked his ears when the Minister for Immigration and Citizenship, Senator Evans, responded, thoughtfully, to his questions earlier in question time.

I would like to reiterate some of Senator Evans’s answers as well as include the snide and misleading attempt by Senator Ellison to somehow describe the stand-down of Navy as affecting the ability of border controls over Christmas. Senator Evans clearly said that was not the case and the Navy’s preparedness will not be affected by the plan to stand down non-essential personnel in order to give them and their families the rest and respite they have earned, which Senator Ellison well heard, as did everyone in this chamber. I think the comment by Senator Ellison was an extremely poor effort and not reflective at all of the answers that Minister Evans clearly gave the chamber this afternoon.

I would also like to go to the substance of the point that the opposition tries to make here, that somehow our border protection arrangements have been weakened. They have been weakened mostly by the presentation just given by Senator Ellison and his obviously earnest exercise to undermine our border control policies. Senator Ellison clearly knows that there has been no weakening, that we have remained strongly committed to border security arrangements and that we have appropriate management in place to deal with the perpetrators of people smuggling, which we all know puts lives at risk. Indeed we know that lives have been lost in the effort to smuggle people.

Labor has retained, as senators know, the excision of offshore islands and mandatory detention and processing on Christmas Island for unauthorised boat arrivals. Senator Evans said that we are not continuing with the Pacific solution, which is one element of the former government’s plan that was highly controversial and absolutely ineffective in its application to this problem. Labor has also maintained the extensive patrolling of our borders undertaken by Border Protection Command, and again Senator Evans was clear today that he is confident that Customs is not diminishing this in any way. Indeed, Senator Ellison, Senator Evans undertook to get you further information on and clarification of that.

Unfortunately, we can all see that there is continuing activity from people smugglers in the region. I am proud to say that Labor’s approach is consistent, it has principle and it has taken away the ineffective elements and unwholesome rhetoric that was associated with the former government’s policies and applied some principles to managing this in a fair and effective way—more effective indeed than we could ever do under the former government because they were so keen on tangling up the rhetoric and were far less focused on making it a practical solution.

Senator Ellison also made reference to some five boats arriving last year with 148 people on board and six boats arriving in the previous year with 60 people on board. So, under the previous government, there were more arrivals in each of the last two years than there has been in this year to date. I put to you, Mr Deputy President, that the facts speak for themselves and Labor’s ongoing commitment to border protection stays solid. I am extremely disappointed to witness in the chamber today Senator Ellison’s attempt to have a last-ditch effort to glory grab on his previous role in these related portfolios with regard to border protection.

Finally, I think anyone concerned about these issues can take comfort from the assurances given by the minister in the chamber today. I am extremely surprised, with the range of issues that was put forward through the course of question time, that it was this issue that the coalition decided to pluck out and beat up in the way that they have. I think that speaks volumes for the aptitude and quality of the opposition we are now dealing with.

David Johnston (WA, Liberal Party, Shadow Minister for Defence) Share this | Link to this | Hansard source

The one undeniable fact, the one salient feature that everybody knows about this government is that they are utterly soft on border protection. They are just completely removed from this item, this issue of public policy, this important area for all Australians. They have a group of ministers who are utterly asleep at the wheel. There have been seven incidents since August of this year. Firstly, on 13 August, police in Indonesia arrested nine Afghan asylum seekers and their Indonesian organisers on the island of Flores. They were coming to Australia in a fishing boat. Secondly, on 13 September, the Royal Australian Navy intercepted 14 people—12 passengers and two crew, including a woman—on a boat near Ashmore Reef. Thirdly, on 7 October, a boat carrying 17 people was intercepted by the Navy after it arrived at an offshore oil production and storage facility. That is a very frightening reality for all of us. Fourthly, on 20 October, authorities in East Timor detained 16 Sri Lankans and four Indonesians trying to make their way to Australia illegally by boat. Fifthly, on 11 November, Indonesian authorities found and detained 40 Iraqis, including nine children, stranded on the remote Sumbawa Island after attempting to reach Australia. Sixthly, on 19 November, HMAS Ararat plucked 12 people from a sinking boat 80 nautical miles off Ashmore Reef. Lastly, at Shark Bay, at a latitude below that of Brisbane, Customs and fisheries officers intercepted a boat carrying 12 Sri Lankan men after campers at False Entrance in Western Australia called the police.

So now we are reduced to having fishermen who are living out of camping trailers, with fishing tackle, defending our borders. They are the ones ringing the police. They are the ones reporting and providing the intelligence. This is what we have come to under Labor. It is a wonderful, wonderful reality! After all of this, we have the Navy then saying that they are going to have two months off over Christmas. The message from this is: ‘Come on down! The going is absolutely good for you to sail your boats down to Australia, because we’re asleep at the wheel. We have ministers who do not really care, and we have other, more important, things to worry about.’

I want to talk about the Boulder Cartel Fishing Club. As a former resident of Kalgoorlie, I am sure that these fishermen have great acumen, and I hope and trust that they enjoyed their holiday. It could have been a very unhappy event for them. These boat people may well have been carrying animals with goodness knows what diseases. They may even have been violent. They may have had firearms. There could have been all manner of chaos. And this is at Shark Bay—as I said, lower than Brisbane in latitude. I am very thankful that these right-minded citizens did everything right. They rang the authorities. They alerted them. Heaven knows what these ministers were doing while these boat people sailed their boat down.

Of course, the minister says, ‘I’ve called for a report.’ If I had been the minister, I would have wanted to know on the very day they were discovered how they got there, whether there was a mother ship, how they got through Coastwatch, how they got through the Navy. I would want to know, and I would report to the Senate. This is an outrageous scandal to be brushed aside by these people who do not care about the protection of Australia’s agriculture, protection of Australia’s borders, protection against insurgents and terrorists. The government do not give a fig. For the minister to be here today four days later and say, ‘I’ve called for a report,’ is an absolute disgrace. The government are utterly soft on border protection. They are asleep at the wheel, and it is about time the public woke up to these people who are running these very important ministries and demand more.

Don Farrell (SA, Australian Labor Party) Share this | Link to this | Hansard source

Senator Johnston told us what he would do if he were the minister. Of course, he is not the minister, because the Australian people rejected the border protection policies of the previous government. What did the Australian people do on 24 November last year? They turned to the Australian Labor Party because they preferred the border protection policies of the Australian Labor Party. Just like they preferred our policies on Work Choices to the inhumane way that you treated Australian workers, they rejected your policy on the issue of border protection. They turned to us. They knew that your policy was not working. Your policies were not fixing the problem of border protection, so they turned to us.

What are we doing? We are fixing the problem. The Rudd Labor government is, of course, committed to strong border protection, and we are determined to operate it effectively and appropriately, particularly in ensuring that people who are acting to introduce people smuggling do not succeed in achieving that. Labor has retained the excising of the offshore islands. Labor has retained mandatory detention and processing on Christmas Island for unauthorised boat arrivals. Labor has also retained the patrolling of our borders, which is undertaken by Border Protection Command.

Mathias Cormann (WA, Liberal Party, Shadow Parliamentary Secretary for Health Administration) Share this | Link to this | Hansard source

Do you actually believe what you are saying?

Don Farrell (SA, Australian Labor Party) Share this | Link to this | Hansard source

Yes, I believe exactly what I am saying, because I know that the Australian people rejected your policies on border protection. They turned to Labor. Just like in the current economic crisis, just like with Work Choices, the Australian people know that the only government in Australia that is going to be serious about border protection is the Australian Labor government. We saw that during the Second World War. Who did the Australian people turn to to protect our borders during the Second World War? They turned to Labor. When there is a serious issue confronting the Australian people, they turn to the Australian Labor Party. It is abundantly clear that there is a continuing and constant activity from people smugglers in our region. That is not a problem that has occurred overnight. It has been there for a long time, and we are doing something about it.

As we know, five boats arrived last year with 148 people on board. There were six the previous year with 60 people on board. Under the previous government—your government—there were more arrivals in each of the last two years than there have been this year to date. It is important to remember that people smuggling is an ongoing issue in the region. It has been an issue for many years and it is going to continue to be an issue into the future.

Julian McGauran (Victoria, National Party) Share this | Link to this | Hansard source

You bet.

Don Farrell (SA, Australian Labor Party) Share this | Link to this | Hansard source

What matters, Senator McGauran, is how we respond. The Rudd government’s response will be calm and measured. In addition to strong border security measures to deter and detect unauthorised arrivals, the Rudd government regularly engages in the region to address people-smuggling issues. Last month we met with the Indonesian minister for law and human rights for the third time this year. None of the former ministers from the previous government managed this many meetings with such an important neighbour over the last three years of the coalition government, when the numbers of unauthorised boat arrivals were much greater than they are today. In those discussions we agreed on a number of proposals. (Time expired)

Concetta Fierravanti-Wells (NSW, Liberal Party, Shadow Parliamentary Secretary for Immigration and Shadow Parliamentary Secretary Assisting the Leader in the Senate) Share this | Link to this | Hansard source

Thank goodness for the happy campers—the new front line in our border protection. The headlines today say it all: ‘Security scramble after boat people reach Shark Bay’. You can almost see it. They are coming ashore and they say, ‘Excuse me, where can I moor my boat?’ and they are told, ‘Just go down the road.’ It is absolutely appalling that we are now at the point where we have to rely on campers who happen to be there as the front line of our border security. The reports in today’s Australian validate our grave concerns that the Rudd Labor government is sending the wrong message to the people smugglers.

Senator Johnston gave an outline of the seven arrivals. Why have we had seven arrivals since the Rudd government came to power? It has been very clear that people smugglers are back in business, and they are back in business because the Rudd government has softened its approach to border protection. In today’s Australian a number of comments were made, and one in particular summarises it well when it quotes former minister Philip Ruddock:

“I think it is well known that smugglers have been again looking at whether or not it is possible to reopen traffic,” …

He says that whilst he does not want to mention specifics:

“… it is well known that smugglers have been anxious to get into the business again and I think the evidence is that it is occurring.”

It is very clear that the people smugglers are now testing the waters. Under the coalition, the number of boat arrivals had trickled to just a few. Why? Because we were tough on border security and we were tough on illegal arrivals. The number of unlawful entrants had decreased from 12,000 in the 30 months to January 2002 down to 250 in the years since then. Labor cannot walk both sides of the fence. You cannot go out there and talk tough on border protection and, at the same time, give effect to a change in policy by weakening detention. By changing the policy regarding temporary entry visas and by closing detention areas, you have sent a very, very clear message to the people smugglers. At estimates, Senator Ellison talked about the questions that were put to the department. I want to take you to those, because it is very clear from the evidence that was given that the department are changing 26 programs ‘spanning across compliance work, detention work, our border security areas and our humanitarian programs’. If that is not a decisive shift in the way that you guys are doing business—

Mathias Cormann (WA, Liberal Party, Shadow Parliamentary Secretary for Health Administration) Share this | Link to this | Hansard source

Of course it is.

Concetta Fierravanti-Wells (NSW, Liberal Party, Shadow Parliamentary Secretary for Immigration and Shadow Parliamentary Secretary Assisting the Leader in the Senate) Share this | Link to this | Hansard source

Of course it is, Senator Cormann.

Alan Ferguson (SA, Deputy-President) Share this | Link to this | Hansard source

Order! Senator Fierravanti-Wells, address the chair, please.

Concetta Fierravanti-Wells (NSW, Liberal Party, Shadow Parliamentary Secretary for Immigration and Shadow Parliamentary Secretary Assisting the Leader in the Senate) Share this | Link to this | Hansard source

If this is not a decisive change in the direction of this government, clearly you have it in the words of your own public servants, who are clearly answering my questions and the questions of Senator Ellison: yes, they are changing and they are changing their position decisively. Of course, the minister was desperately trying to say at estimates that it has not really changed, but the reality is that those opposite have changed it. Once identity, health and character checks are undertaken, people will potentially be put out into the community whilst their visas are being processed. This is the clear message that the people smugglers are getting, because they know, and they are probably telling their clients, ‘Look, you’ll spend a little bit of time in detention but, after that, you will be out in the community.’ One only has to look at the experiences around the world to see that once illegals go out into the community it is always a very difficult situation for them to meet their immigration obligations.

It is all very well to talk tough, but the proof is in what you are actually doing. Senator Farrell, what the Australian people want to hear from you is that you have not changed your position and you are still tough. But you are walking both sides of the fence, and you have to be truthful with the Australian public.

Alan Ferguson (SA, Deputy-President) Share this | Link to this | Hansard source

Order! Senator Fierravanti-Wells, you must address the chair.

Question agreed to.