Senate debates

Thursday, 24 June 2010

Questions without Notice

Asylum Seekers

2:14 pm

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

My question is to the Minister for Immigration and Citizenship, Senator Evans. Is the minister aware of reports that the motor vessel Sun Sea carrying a number of potential unlawful entrants is en route to Australia? Given the suspected links between this vessel and an organised Tamil Tiger people-smuggling operation, can the minister assure the Australian people, particularly in view of those concerns, that the motor vessel Sun Sea will not be allowed to enter Australian waters?

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

I thank Senator Brandis for the question. As I made clear to the opposition the other day when I had a similar question, I will not of course be discussing in the Senate any advice we get from intelligence or defence sources about potential people-smuggling or other ventures. So, when he asks me about an alleged venture on a particular boat that may or may not involve a people-smuggling operation and may or may not have connections with the Tamil Tigers, I clearly am not able to assist him in discussing any of those issues publicly. But what I can say is that if a vessel containing people seeking asylum or people who enter unlawfully does arrive that boat will be intercepted, the persons will be interviewed, those seeking asylum will be taken into detention—

Honourable Senators:

Honourable senators interjecting

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

Senator Evans, resume your seat. Senator Fifield! Senator Cameron! When there is silence we will proceed. Senator Evans, continue.

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

As I was saying, any persons detected entering Australian waters unlawfully will be detained. Those seeking asylum will be mandatorily detained and taken to Christmas Island. They will remain in mandatory detention until such time as they have completed health, identity and security checks and before their asylum claims are considered and determined. All persons will be interviewed by our security agencies and any suggestions of activity involving terrorist or criminal organisations will be investigated and examined. As I say, no-one would be granted asylum or moved to the mainland if the security agencies had security concerns about those persons.

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

Mr President, I ask a supplementary question. Is the minister aware that another boat arrived at Flying Fish Cove near Christmas Island yesterday? Doesn’t the fact that boats carrying suspected illegal asylum seekers continuing to arrive on our shores demonstrate that Labor has lost control of our borders? Does the minister agree with the current Prime Minister, Ms Gillard, when as opposition spokesperson on immigration she said that another boat is another policy failure?

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

I can confirm that we had a boat arrival yesterday at Christmas Island. As the senator would understand, Christmas Island is a very long way from the mainland of Australia, but we have had a number of boats seek to land there.

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia) Share this | | Hansard source

It is part of Australia, you know!

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

It is very much part of Australia, Senator. I would remind him that under the previous government there were 31 undetected arrivals during their term of office, which also includes arrivals that pulled up at Cairns, Sydney, Broome and Port Kembla. There has been only one arrival on the mainland under this government, which was a Sri Lankan fishing vessel with people on board who were returned to Sri Lanka after having their asylum claims assessed. I remind the senator that under his government there was a large number of mainland arrivals as people sought asylum in this country. It is the case that we have had a number of boats arrive at Christmas Island. (Time expired)

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

Mr President, I ask a further supplementary question. Is the minister aware that, according to the most recent information available from his department, at the end of May there were 3,733 people in detention? Is the minister also aware that since then over 501 more people have arrived illegally by boat, including another 53 only yesterday? Will the minister confirm that there are now more people detained under Labor’s failed border protection policies than at any time before?

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

I can say that in broad terms the figures quoted by the senator are close to the figures that I have for total numbers in detention. It is true that we are dealing with an increased level of arrivals and therefore increased numbers in detention. This is because we do mandatorily detain all arrivals and do put them through rigorous health, security and identity checks. They are not released from mandatory detention unless those checks have occurred and then there is a very rigorous assessment of their asylum claims. I would remind the senator, because he chooses to forget, because it is convenient for him to forget, that between 1999 and 2001 the Howard government had 12,000 arrivals and most of them were left to rot in detention for many years. (Time expired)

2:20 pm

Photo of Sarah Hanson-YoungSarah Hanson-Young (SA, Australian Greens) Share this | | Hansard source

My question is to the Minister representing the Prime Minister, Senator Evans. Firstly, I congratulate the government on the appointment of the first female Prime Minister of Australia. I think it is a historic day.

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia) Share this | | Hansard source

When are the Greens going to appoint a female leader?

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

Order! Just ask the question, Senator Hanson-Young. Ignore the interjections. When there is silence we will proceed.

Photo of Sarah Hanson-YoungSarah Hanson-Young (SA, Australian Greens) Share this | | Hansard source

Given that this is the last parliamentary sitting day before the three-month suspension of claims for asylum by Sri Lankan nationals is up, I ask the Minister whether under this new leadership the government will lift the suspension on 9 July or seek to extend it.

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

I thank Senator Hanson-Young for the question and I thank her for her congratulations to the new Prime Minister. I hope that Senator Brown is not worried by this upsurge in female participation and leadership in the parliament. Can I say in answer to the—

Photo of Bob BrownBob Brown (Tasmania, Australian Greens) Share this | | Hansard source

Mr President, I raise a point of order. Can I reassure the minister he has no worries—

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

There is no point of order, Senator Bob Brown.

Photo of Bob BrownBob Brown (Tasmania, Australian Greens) Share this | | Hansard source

and from the party with a majority of women in this parliament—

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

Senator, there is no point of order. Senator Evans, continue.

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

I hope that was not a sign of sensitivity; I hope I have not hit a nerve, Senator Brown. I do appreciate the congratulations and I will pass them on to the Prime Minister.

The substance of the question is what the government will do in terms of its asylum pause on persons arriving from Sri Lanka as unauthorised boat arrivals. As I have indicated publicly, both then and subsequently, the three-month pause is due to be reviewed no later than 8 July. The cabinet will consider the effect of the pause and other advice relating to unauthorised boat arrivals from Sri Lanka and other advice about developments inside Sri Lanka, particularly in terms of the treatment of those of Tamil ethnicity and whether or not conditions are improving for those persons and whether that might be impacting on asylum claims from those Tamils who have been resident in Sri Lanka. That decision in terms of the suspension will be taken by the cabinet. As I say, the deadline for review is 8 July. The cabinet will make that decision. We will consider all that information in making that decision. So I just assure the senator that the review will occur as indicated at the time of the announcements.

Photo of Sarah Hanson-YoungSarah Hanson-Young (SA, Australian Greens) Share this | | Hansard source

Mr President, I ask a supplementary question. I thank the minister for his answer. Given the new Prime Minister has acknowledged that a number of election commitments have not been met, does the minister now accept that the suspension policy is a breach of the commitment to detention as a last resort?

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

Simply, no. That is not the case at all. You ought to read the policy more carefully because you will note that the first point in our detention policy is a commitment to the mandatory detention of unauthorised boat arrivals. I know you do not support that policy, but that is the policy we took to the election. It is a policy we have continued to implement as a government. We mandatorily detain all unauthorised arrivals for the purposes of identity, security and health checks. We allow people to have their claims assessed against the refugee convention if they seek to make those claims. So those election commitments have been honoured and will continue to be honoured. As I said, I think you misread the commitments we made. We have made it very clear that we maintain a strong commitment to mandatory detention of unauthorised arrivals.

Photo of Sarah Hanson-YoungSarah Hanson-Young (SA, Australian Greens) Share this | | Hansard source

Mr President, I ask a further supplementary question. Given the new Prime Minister has acknowledged that a number of election commitments have not been met, does the minister now accept that the suspension policy is in breach of a promise to end indefinite detention and the detention of children?

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

Again, no, Senator. I just do not think there is any logical connection between the statements you make. What we announced was that we would pause the consideration of asylum claims for three months and six months for Sri Lankan and Afghan arrivals respectively. They will still have their claims assessed against the refugee convention. What we know is that country information from both countries is changing. There are a number of reports due which will give us a better insight into changing conditions. What I can say is that, of those claims currently being considered, we have seen a large increase in rejections particularly of Afghans but also of Sri Lankans who have been found not to be refugees. They are subject to appeal decisions. We have got a formal review process. Children continue to be treated appropriately by this government and not put in detention centres. It is a policy decision that we took and that we have honoured.