Senate debates

Tuesday, 10 May 2011

Questions without Notice

Asylum Seekers

2:11 pm

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

My question is directed to the Minister representing the Minister for Justice, Senator Ludwig. I refer the minister to the recent protests at the Villawood detention centre in Sydney. Can the minister explain why it took the Australian Federal Police 11 days to detain the rooftop protesters involved in the Villawood riots? Isn't the government's inability to deal with the protest emblematic of the fact that the government has lost control of the asylum seeker issue just as it has lost control of Australia's borders?

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

I thank Senator Brandis for his question. Can I indicate at the outset that the government will not tolerate riots in immigration detention centres. On 4 May 2011, the AFP arrested and charged seven people as a result of the investigation into the disturbances at Villawood. Six people were arrested at Silverwater Metropolitan Remand and Reception Centre with cooperation from New South Wales Corrective Services person­nel and transported to the AFP's Sydney offices. Of course, all were charged with a variety of offences as follows: some with affray and some with destroying or damaging property. The government will, of course, continue to take a hard line against anyone who engages in violence in the immigration detention network—all agencies. While the detention service provider has incident management plans in place to ensure appropriate responses to disturbances at immigration detention facilities, any response, of course, is under­pinned by the fact that immigration detention is administrative, not punitive, in nature. The department has a well-established relationship with law enforcement agencies.

In terms of the specifics, I will seek further particulars about the time line and the chronology of events, which may assist Senator Brandis. I am advised that, of course, the department has met with senior representatives from all state and territory police—it is about ensuring that we do maintain law and order within the detention centres—and met with the Australian Federal Police on 19 April 2011. I am advised that that was a productive meeting and part of the routine and ongoing engagement between the department and law enforcement officers to ensure that issues such as that are dealt with expeditiously and early, can I say.

2:13 pm

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, while the government dithered in its response to the Villawood protest, it took the New South Wales police just three hours to detain rooftop protesters at the nearby office of the Minister for Immigration and Citizenship, Minister Bowen, in Sydney? Minister, can you explain why it took the Australian Federal Police 11 days to return order to Villawood while it took the New South Wales Police Force only three hours to restore order at a nearby and similar protest?

2:14 pm

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

The Department of Immigration and Citizenship is responsible for jurisdictional responses and investi­gations within and the management of immigration detention centres, IDCs, and alternative places of detention, APODs. Serco has responsibility for responding to instances within the IDCs. I just want to ensure that the facts are on the table about the circumstances. This includes trained negotiators and extraction teams. If Serco is unable to maintain good order at an IDC, Serco then may request police assistance, which is then assessed in accordance with the circumstances. Within an IDC, those are the processes and procedures that are adopted. The opposition are seeking to compare and contrast it with another incident outside an IDC, but I think it is sensible to say that these are the circumstances of how and when responses are undertaken. So it is Serco within the IDC and then, if it is a matter that requires AFP(Time expired)

2:15 pm

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

Mr President, I ask a further supplementary question. Minister, does it not follow from your previous answer that your government considers that an 11-day long rooftop protest at a detention centre and the destruction of numerous buildings at that detention centre is consistent with maintaining good order? Is this not just another example of your government's inability to manage the immigration system when a Liberal government in New South Wales is able to enforce and police a protest?

2:16 pm

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

I reject the proposition contained within that question. It is a comparison that only Senator Brandis would or could make. The government has made it clear that engaging in inappropriate or criminal behaviour whilst in an immigration detention centre will not be tolerated. Contingency plans are in place to respond to instances at immigration detention facilities. The immigration department works actively with Serco to review security staffing system procedures and infrastructure and the minister has already announced an independent review into these instances. In terms of the broader issue, Serco, as the detention service provider, is required to have appropriate security and emergency arrangements in place with local law enforcement agencies and the response times, as I indicated in my primary answer. I will certainly get back to you with a chronology of those events. (Time expired)