Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Immigration and the Minister for Home Affairs. Minister, can you confirm that, earlier this year, there was a significant disturbance or riot at the Christmas Island detention centre that involved up to 200 canisters of tear gas being fired into the compound? What was the nature of the disturbance and were there any injuries? What steps were taken to ensure the safety of the family from Biloela who are detained nearby? Was the family, in particular the young children, impacted in any way, including psychologically? What measures has the government taken since to assess the impact on the family, in particular the children, and to ensure their wellbeing?

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) Share this | Link to this | Hansard source

I thank Senator McKim for the question. I understand you are referring to an incident that occurred in February 2021 in which a male detainee was seen on the roof of a building at Villawood detention centre. I will need to take that on notice and get you some further advice. In relation to the Biloela family, we have talked through this before and I think it is one of those issues we will need to agree to disagree on. You would be aware that the judgement by the Full Court of the Federal Court was recently delivered. The department is now considering the implications of that decision, as you know.

Going back to the history of the Biloela family, I would just remind the chamber that both adults arrived in Australia as illegal maritime arrivals; they paid a people smuggler and arrived in Australia illegally by boat. After arriving in Australia illegally by boat, they met and they had two children. Senator McKim, I know you are aware of these facts, but I will just ensure that we are again placing them on the record. Since 2012, the family's claim to engage Australia's protection obligations has been comprehensively assessed, as you know, and the family has consistently been found not to be owed protection. Again, to the extent that I can, I will seek further information for you in relation to the issue that you raised at the beginning of your question and ensure that you are provided with that information.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim, a supplementary question?

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

To assist the minister, I believe it was in about early to mid-January on Christmas Island. Minister, how much money has your government spent needlessly detaining the family from Biloela and how much have you spent on legal costs against that family to date? How can you possibly justify that expenditure?

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) Share this | Link to this | Hansard source

Again, Senator McKim, we're going to have to agree to disagree. You and I have done this dance before, and I don't propose to do the dance again. I need to remind the chamber that a fundamental difference between the Morrison government—those on the coalition side of politics—and, in particular, the Australian Greens and the Australian Labor Party is that we believe in sovereign borders. That is it—full stop.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim, on a point of order?

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Mr President, my point of order is on relevance. I asked how much money the government has spent detaining the family from Biloela and in legal costs against the family. I ask that you remind the minister of the question.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim, that was the first part of the question. The second part was much more widely written. It was: 'how can you possibly justify?' I think, with respect, that the minister has a lot of discretion in answering such a wide question. I regard that question as quite wide. The first part was quite specific, I grant you. But, in this case, I think the minister's being relevant to the second part of the question.

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) Share this | Link to this | Hansard source

And that is exactly what you did. You did mention expense, Senator McKim, so I do need to remind you that the border protection failures of those opposite, combined with those of the Australian Greens, cost the Australian taxpayer—

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim, on a point of order?

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

It is, again, on relevance, Mr President. In regard to your first ruling that the second part of my question was, 'How can you possibly justify this expenditure?'—that is, the expenditure that I referred to in the first part of my supplementary question—I would put to you, respectfully, that, in fact, it's quite a tightly worded question and the minister is not being relevant to it.

Scott Ryan (President) Share this | Link to this | Hansard source

I do regard the first part of your question as a factual question. The second part of the question asked the minister for an explanation. Your point of order goes to the content or the validity of that explanation, and I think that's a matter for debate after question time.

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) Share this | Link to this | Hansard source

As I was saying, Senator McKim, it was $17 billion; that is how I am justifying it. There was $17 billion worth of taxpayer money that had to be outlaid to protect Australians from your border protection failures. There were 50,000 people who arrived on 800 boats and 1,200 lives were lost at sea.

Honourable senators interjecting—

There were 8,000 children detained while Labor was in government, and in July 2013, let's just remind people, 10,201 people were in detention— (Time expired)

Scott Ryan (President) Share this | Link to this | Hansard source

There was too much noise approaching the end of that answer. Even I was having trouble hearing the minister.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

As a final supplementary, I ask the minister to clarify: was she actually saying that she has spent $17 billion imprisoning and in illegal action against the Biloela family? Could you first address that, Minister? Second, why are you ignoring the hundreds of thousands of Australians who've called for this innocent family's release? How much more money will you spend trying to deport them and in needlessly detaining them? Why will you not do the right thing and return them to Biloela, where they are loved and supported?

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) Share this | Link to this | Hansard source

Senator McKim, I'm just going to have to completely reject the premise of your question. In answer to your question, let me just remind you that on this side of the chamber, the Morrison government's side of the chamber, we believe in sovereign borders. We will determine who comes to this country and the circumstances in which they come. When you refer to the Biloela family, I need to remind you that the principle is this: both adults arrived in Australia—

Senator Keneally interjecting—

Scott Ryan (President) Share this | Link to this | Hansard source

Order, Senator Keneally!

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) Share this | Link to this | Hansard source

as illegal arrivals, meaning that they paid a people smuggler and they arrived in Australia illegally by boat.

Senator Keneally interjecting—

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Keneally!

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) Share this | Link to this | Hansard source

Senator McKim, you may think that is okay.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim, on a point of order?

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

In fact, the entirety of that family did not arrive in Australia—

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim, what is your point of order?

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

The minister's misleading the Senate.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim, the content of answers is debated after question time. Can I ask senators for a little bit less disorder, please. Senator Cash.

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) Share this | Link to this | Hansard source

The fundamental difference, colleagues, is this: the Greens wanted to give the keys to our borders back to the people smugglers, and we say no. We say no. We've taken back control of our borders—

Scott Ryan (President) Share this | Link to this | Hansard source

Order! Senator Thorpe, on a point of order?

Lidia Thorpe (Victoria, Australian Greens) Share this | Link to this | Hansard source

My point of order is in relation to misleading the chamber in talking about sovereign borders. As a sovereign woman, sovereignty belongs to us, and that family is—

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Thorpe, please resume your seat. Points of order must be about the standing orders. I'm not going to allow points of order to debate the content of answers, and I will take that very strictly. Senator Cash to continue.

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) Share this | Link to this | Hansard source

The Morrison government, the coalition government, has taken back control of our borders from the people smugglers— (Time expired)