Senate debates

Wednesday, 17 June 2015

Questions without Notice

National Security: Citizenship

2:00 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

My question is to the Minister representing the Prime Minister, Senator Brandis. Can the minister confirm that just three out of 19 cabinet ministers have been shown advice from the Solicitor-General on the constitutionality of the proposal to strip citizenship from Australian nationals? Can the minister confirm that the only ministers who have seen this advice are the Prime Minister, the Attorney-General and the immigration minister?

2:01 pm

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

No, I cannot confirm that.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

Mr President, I ask a supplementary question. I refer to communications minister, Mr Turnbull, who says that while Australia must deal with the threat of terrorism, we:

… have to do so within the rules … which above all, of course, sits the constitution with which we all have to comply.

Does the minister share the Prime Minister's confidence that the legislation will 'minimise constitutional challenge'?

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

I agree with what Mr Turnbull said. What he said—that we should be compliant with the Constitution—is, of course, commonplace and something that I am sure every member of this parliament would understand and accept. In relation to the second question, the answer is yes.

Senator Conroy interjecting

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Order on my left! Senator Conroy!

2:02 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

Mr President, I ask a further supplementary question. Can the Minister representing the Prime Minister advise who decided to exclude ministers who sit on the National Security Committee of Cabinet, including the foreign minister, from receipt of constitutional advice from the Solicitor-General? Was it the Prime Minister, or was it his office?

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

Your question is entirely based on a false premise, Senator Wong.