Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Immigration and Citizenship, Senator Lundy. Given the requests from the Foreign Minister in Nauru that Australia does not use force to remove refugees who are being deported to Nauru, what assurances has the Australian government given to the Nauru government?

Kate Lundy (ACT, Australian Labor Party, Minister Assisting for Industry and Innovation) Share this | Link to this | Hansard source

The government has agreed in principle to implement the recommendations of the expert panel on asylum seekers, and these recommendations cover the regional processing in Nauru and PNG on the principle of no advantage. This is part of a broader framework to better deal with asylum and protection issues in the region as is necessary to combat people smuggling and prevent the tragic loss of life at sea.

We have always been committed to working closely with regional partners, and the arrangement with Nauru and PNG sends a clear message that countries in this region will take the action necessary to ensure the integrity of their borders and undermine people smuggling networks. The message to people smugglers and asylum seekers is that there is no advantage travelling by boat. In addition, regular and safer avenues for migration are being made available through the program.

The memoranda of understanding that Australia has entered into with both Nauru and PNG sets out who will be transferred, and while the agreements set out who will be transferred, Australia will of course take into account any concerns raised by Nauru or PNG, as is usual for people subject to entering a foreign country.

Christine Milne (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Mr President, I rise on a point of order—that of relevance. This is a critical issue. The minister has been asked directly about the procedures for removing asylum seekers from the plane when the Nauruans have said they will not use force. Will the minister please answer that question.

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

Mr President, on the point of order, when the minister was interrupted due to the point of order being made she was discussing directly the agreement between the Australian government and the Nauru government for the transfer of people to Nauru. It was exactly on the topic raised by the senator in her question, directly on the question of those arrangements that exist between Australia and Nauru, and I would put to you that the minister is being directly relevant to the question asked of her.

John Hogg (President) Share this | Link to this | Hansard source

There is no point of order. The minister has 41 seconds remaining.

Kate Lundy (ACT, Australian Labor Party, Minister Assisting for Industry and Innovation) Share this | Link to this | Hansard source

We are not going into any detail about the operational arrangements of transfers. Section 198AD refers to the taking of people to a regional processing country and provides that certain actions may be taken to effect a transfer, including placing the person on a vehicle or vessel and restraining them. It also provides that in doing these things an officer may use such force as is necessary and reasonable. Of course, the objective here is to effect those transfers safely and effectively.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. My supplementary question goes to the heart of the first question. Tomorrow the first load of refugees will be leaving Australia. What assurances has the Australian government given the Nauru government that force will not be used?

Kate Lundy (ACT, Australian Labor Party, Minister Assisting for Industry and Innovation) Share this | Link to this | Hansard source

I do not think Senator Hanson-Young listened to the first response. I am certainly not in a position to confirm any transfers taking place. We are determined, however, to implement the recommendations of the Houston panel to stop the flow of boats. The message is clear: there will be no advantage to people risking their lives. All arrivals after 13 August are subject to new arrangements, as outlined, and the minister will be providing further details around transfers in due course. I can say that preparations for the first transfer are well advanced, but it would not be appropriate to further discuss operational details of asylum seeker transfers at this time.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

Mr President, I ask a further question. What force is reasonably necessary—Tasers, gunpoint, drugging, batons? I think it is an absolutely essential question, considering the President and the Foreign Minister of Nauru have ruled it out.

Kate Lundy (ACT, Australian Labor Party, Minister Assisting for Industry and Innovation) Share this | Link to this | Hansard source

I can only describe that question as both inflammatory and disappointing in the context of the serious efforts this government is making to try and effect the safe and effective transfer of asylum seekers to Nauru. We are implementing this policy with the motivation of trying to save lives and such inflammatory comments are, I believe, irresponsible in the first degree and completely out of context to the policy that we are trying to give effect to.