Senate debates

Thursday, 1 September 2016

Questions without Notice

Racial Discrimination Act 1975

2:12 pm

Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | | Hansard source

My question is to the Attorney-General. Attorney, I draw your attention to the push by pretty much the entire Liberal backbench in this chamber to destroy the integrity of the Racial Discrimination Act by gutting section 18C. I also draw your attention to section 18D of the act, which provides widespread freedom-of-speech protection for, in effect, anything said reasonably and in good faith for any genuine purpose in the public interest. Will you today categorically rule out the government supporting any changes to the Racial Discrimination Act, including supporting the legislation tabled by Senator Bernardi yesterday?

2:13 pm

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

Senator McKim, I was asked a similar question by Senator Dodson yesterday, and the answer is the same today as it was yesterday: the government has no intention to amend the Racial Discrimination Act. We are aware, of course, of the controversy in relation to that particular section. We are aware, of course, of the views of many on our own backbench, and there will be a parliamentary debate about the matter during the course of the afternoon. I invite you to listen to the views that are put by my colleagues in the course of that debate, and we will listen to yours should you choose to participate. But the government has no intention to amend the Racial Discrimination Act.

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

Senator McKim, a supplementary question.

Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | | Hansard source

I have been around parliaments for a while, and that was not an answer to my question. So, Attorney, given that you have today refused to rule out—

Government Senators:

Government senators interjecting

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

Just a moment, Senator. Order, Senator McKim. On my right!

Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | | Hansard source

Attorney, given that you have refused to rule out the government supporting Senator Bernardi's legislation, can you please explain to the chamber exactly what it is that either you want to say or you want to empower others to say that cannot currently be said without contravening section 18C? Please provide the chamber with just one example.

2:14 pm

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

Senator McKim, the government will not be supporting Senator Bernardi's proposed amendment to section 18C. As I said in my answer to your primary question, we have no intention to proceed with any amendments to the Racial Discrimination Act.

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

Senator McKim, a final supplementary question.

Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | | Hansard source

I thank the attorney for that clarification. Attorney, I remind you that section 28B of the Sex Discrimination Act 1984 uses the words 'offended', 'insulted' and 'humiliated'. Will the self-appointed freedom warriors of the IPA, and their agents in this place—the hard Right of the Liberal Party—be coming after this act next? Will you also extend your commitment to vote against Senator Bernardi's legislation to cover a commitment to not support legislation to gut the Sex Discrimination Act?

2:15 pm

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

The government has no intention to amend the Sex Discrimination Act either. That is all I have to say.