Senate debates

Tuesday, 16 March 2010

Questions without Notice

Charter of Rights

2:49 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | | Hansard source

My question is directed to Senator Wong representing the Attorney-General. Has the government made a decision about a charter of rights? What is that decision?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | | Hansard source

My recollection is that there has been no announcement in relation to that issue. If I have further information that I can provide to the senator, I will do so. But that is my recollection. If I can provide anything further from the Attorney-General, I will make inquiries and do so.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | | Hansard source

Mr President, I ask a supplementary question. Given that the matter has now been to cabinet three times and the minister is not able to advise the Senate of a decision, when will a decision be announced?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | | Hansard source

I know you might not know what a cabinet meeting looks like, Senator. I am not in the habit, Senator—through you, Mr President—of discussing, confirming or not confirming what went to cabinet and the times when it did so. Nor am I in a habit of announcing things on behalf of representing ministers in Senate question time. I will make inquiries about whether there is anything further that I can add. My recollection is there has been no public announcement about the approach the government is taking. That is obviously a matter for Attorney-General.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | | Hansard source

Mr President, I ask a further supplementary question. Given that the Attorney-General announced as long ago as 5 December 2007 that the government intended to legislate for a charter of rights within three years, and that the government received the report of the National Human Rights Consultation committee on 30 September—

Honourable Senators:

Honourable senators interjecting

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Order! Senator Macdonald, Senator Collins, the exchange across the chamber is disorderly. I am seeking to listen to Senator Brandis. Senator Brandis, you have the call. You are entitled to be heard in silence.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | | Hansard source

Given that the government received the report of the National Human Rights Consultation committee as long ago as 30 September last year, is the government’s inability to make a decision about a charter of rights after no fewer than three cabinet discussions yet another example of the policy paralysis of the Rudd government? (Time expired)

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | | Hansard source

I think Senator Brandis had better get his lines right, because I was not aware ‘policy paralysis’ was one of the lines. I thought there was a whole range of lines. That was not among them. But I can say that if there is a criticism on the other side of there being discussions in cabinet, I can understand it, given that Mr Abbott announced the great big new tax on everything without talking to anybody.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Senator Wong, I am going to take a point of order. You have 27 seconds remaining. You need to address the question that has been asked by Senator Brandis. Return to the question.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | | Hansard source

Mr President, I was asked about cabinet discussions and I am making the point that the shadow cabinet clearly did not ever have the opportunity to discuss the great big new tax before it was announced. Certainly, Senator Joyce did not know anything about it, but he has not actually had a—

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | | Hansard source

Mr President, I rise on a point of order. The minister is defying your ruling and treating you with disrespect. She should be brought to the question and asked to answer a direct question.

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | | Hansard source

On the point of order, this is outrageous behaviour by Senator Brandis. He has the ability to raise a point of order, but to use that phrase to call into question your ruling is quite inappropriate. The minister was answering the question directly and I submit humbly, Mr President, that there is no point of order.

Honourable Senators:

Honourable senators interjecting

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Order! Shouting across the chamber is disorderly. It will not assist the conduct of the chamber and reflects poorly on those doing it.

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | | Hansard source

As I was saying on the point of order, Mr President, I humbly submit—unlike Senator Brandis, who seemed to demand—that there is no point of order and that the minister was answering the question directly.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

I had drawn the minister’s attention to the fact that she should return to the question. The minister has 12 seconds remaining to answer the question.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | | Hansard source

Thank you, Mr President. As I said, I do not believe the government has made an announcement on the issue about which I was asked and I am not going to make an announcement in the context of question time. (Time expired)