Senate debates

Wednesday, 20 March 2013

Questions without Notice

Human Rights

2:22 pm

Photo of Christine MilneChristine Milne (Tasmania, Australian Greens) Share this | | Hansard source

My question is to the Minister representing the Attorney-General. I refer to the government's decision to abandon legislation to consolidate Commonwealth human rights law and include additional protections, in spite of years of discussion, raised community expectations and an extensive Senate inquiry. I ask: can the minister confirm the government is abandoning victims of domestic violence, leaving religious organisations free to discriminate and giving up on the opportunity to make it easier for people to enforce their human rights?

2:23 pm

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

I thank Senator Milne for her question. It covers a range of issues, but can I say that the government has made positive announcements about the legislation about protecting discrimination on the basis of sexual orientation, gender identity and intersex status. These are very important reforms that the Greens should support. They go to the heart of how we can promote the principles of fairness, equity and equality that the Labor Party stands for, and you would want the Greens also to come on board in respect of this, and I expect the opposition also adopt this same view on these issues.

What we also have done: the current exceptions for religious bodies in relation to employment, education and the provision of services have been in place for around 30 years and they will continue under this specific bill. I think people missed this point but, for the benefit of the Greens, Minister Butler conducted extensive consultations regarding amendments to the discrimination—

Senator Milne interjecting

I do expect you want to hear the answer to the question, Senator Milne—exemption in aged-care service provision. This remains the government's policy, and the Attorney-General will work with Minister Butler to consider how this policy is best progressed. No government has done more to wind back discrimination on the grounds of sexual orientation, gender identity or intersex status, but always we must strike the right balance.

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

Nicola Roxon said this bill did strike the right balance.

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

I hear it from the opposition, but the opposition— (Time expired)

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

Senator, you should not take interjections. Interjections are disorderly. I remind those on my left: interjections are disorderly.

2:25 pm

Photo of Christine MilneChristine Milne (Tasmania, Australian Greens) Share this | | Hansard source

Mr President, I have a supplementary question. Can the minister confirm that the new bill to expand antidiscrimination measures to GLBTI people will still allow religious bodies who receive public funding to provide schools, hospitals, welfare and aged-care services to the community to discriminate against GLBTI people? If so, doesn't this demonstrate the government would rather appease the Australian Christian lobby in an election year than uphold the rights of the GLBTI community? (Time expired)

2:26 pm

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

It is one of those difficulties where I think, and I think even the opposition might think, that the Greens are playing politics with this. This is a very serious issue. What I have said is that those current exemptions for religious bodies, which have been in place for 30 years, will continue. But when you look at the work that both this Attorney-General has done and the previous Attorney-General has done and that I did when human services minister, it removed discrimination from all these areas, including from areas such as those Minister Kim Carr has now in Centrelink. It was taking away those discriminations. We have done more for the GLBTI community in removing these discriminations than the Greens could ever, ever hope to do. No government has done more to wind back— (Time expired)

2:27 pm

Photo of Christine MilneChristine Milne (Tasmania, Australian Greens) Share this | | Hansard source

Mr President, I have a further supplementary question. Can the minister confirm that, in spite of talking about mechanisms to better protect human rights since it was first elected in 2007, the government has in fact ditched the idea of a charter of human rights, has abandoned the human rights of asylum seekers in our care, including a thousand children who are in detention, and has now abandoned a consolidated antidiscrimination law in favour of something we have had for 30 years which apparently is still okay? Why would Australians trust the government on protecting human rights? (Time expired)

2:28 pm

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

I thank Senator Milne for her second supplementary question. We have a routine examination process of the Human Rights Commission which complements human rights protections introduced by this government such as requiring all legislation to have statements of human rights compatibility and the creation of the Parliamentary Joint Committee on Human Rights—more done, again, by this government than ever done before. The commission does not have a formal role as part of the parliamentary legislative scrutiny process, although it may choose to make submissions to these inquiries.

Senator Milne interjecting

Again, Senator Milne—through you, Mr President—your attack could be directed at those opposite, because I note the commission was unfairly criticised by Senator Brandis recently for supposedly failing to protect fundamental rights such as freedom of speech. Of course, the commission does a lot to protect human rights as well as deal with discrimination complaints. The commission announced— (Time expired)