Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Attorney-General, Senator Brandis. I refer to the Attorney-General's plan to weaken section 18C of the Racial Discrimination Act because, according to Senator Brandis, 'People do have a right to be bigots, you know.' I also refer to the Prime Minister's decision to withdraw support for the Attorney-General's plan. Now the Prime Minister has flagged criminalising hate speech. What is the Attorney-General's position now?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Talk about being flogged with a damp lettuce leaf! Senator O'Neill, the decision in relation to section 18C to take the reform of section 18C off the table was a decision of the cabinet. It was a decision of the cabinet, and in this government—which, unlike the government that preceded it, operates a proper cabinet process—all ministers of the government support all decisions of the cabinet.

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. I refer to senior Liberal Senator Bernardi, who said in the chamber—

Government Senators:

Government senators interjecting—

Stephen Parry (President) Share this | Link to this | Hansard source

On my right!

Honourable senators interjecting—

On my right and my left! Order!

Government senators interjecting—

Order on my right!

Honourable senators interjecting—

On my right! On my left! Senator O'Neill, your question is in order. You can continue.

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Thank you. I am just trying to lift the tone of the chamber by being respectful. I refer to senior Liberal Senator Bernardi, who said in the chamber yesterday that the Attorney-General's original proposed changes to 18C 'went a bit far'. Is Senator Bernardi right?

Honourable senators interjecting—

Stephen Parry (President) Share this | Link to this | Hansard source

Order on my left and on my right! We will reset the clock, thank you.

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

I do acknowledge Senator O'Neill that Senator Bernardi is a senior senator. Senator Bernardi has graced this chamber for more than a decade with his presence and his intelligence and his wit.

Senator Fifield interjecting—

And his charm; quite right, Senator Fifield. Senator Bernardi is a very charming person, I agree. But I am a little taken aback, Senator O'Neill, at the suggestion that Senator Bernardi has overtaken me on the left of the ideological spectrum.

Mitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | Link to this | Hansard source

It was only a matter of time!

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Senator Fifield, hush. I see by the look of rye bemusement on his face that Senator Bernardi himself is a little taken aback by that proposition. Suffice it to say, Senator, that 18C is off the table.

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, I have a further supplementary question. Does the Attorney-General agree with Arthur Moses SC who says the Attorney-General's understanding of the law is 'misconceived and plainly wrong'? On no rational basis can it be asserted that Australians have the right to be bigots.

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

I have not seen Mr Arthur Moses's remarks, so I am not prepared to comment on that which I have not seen. As the Attorney-General, it is my obligation to state the law accurately and candidly, and I always do.

Eric Abetz (Tasmania, Liberal Party, Minister for Employment) Share this | Link to this | Hansard source

Mr President, I ask that further questions be placed on the Notice Paper.