Senate debates

Thursday, 10 February 2022

Questions without Notice

Religious Discrimination Bill 2021

2:15 pm

Photo of Janet RiceJanet Rice (Victoria, Australian Greens) Share this | | Hansard source

My question is to the Attorney-General. Minister, I just read this headline from the ABC, 'Government shelves religious freedom bill indefinitely'. Can you confirm that you no longer plan to bring on the Religious Discrimination Bill for debate in the Senate before the election?

2:16 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

Thank you, Senator Rice, and thank you for your question on the very important topic of protecting Australians from discrimination on the basis of their religion. The bill actually passed the House of Representatives last night—the Religious Discrimination Bill. It passed with the government amendments. But in relation to another bill, which Adam Bandt voted for, changes to the Sex Discrimination ActMr President, do you know what happens when you rush something and you don't potentially consider the consequences?

Opposition senat ors interjecting

Photo of Slade BrockmanSlade Brockman (President) Share this | | Hansard source

Order! Order on my left!

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

You can make mistakes. And I have been overwhelmed with calls this morning regarding the impact of the amendments passed last night.

Opposition senators interjecting

Photo of Slade BrockmanSlade Brockman (President) Share this | | Hansard source

No, I'm not going to give you the call until there is silence in the chamber. Senator Rice?

Photo of Janet RiceJanet Rice (Victoria, Australian Greens) Share this | | Hansard source

A point of order on relevance: my question was very succinct and very direct as to whether the Religious Discrimination Bill would be brought on for debate in the Senate before the election.

Photo of Slade BrockmanSlade Brockman (President) Share this | | Hansard source

I listened to your question, Senator Rice. I'm listening to the minister's answer. I believe the minister is being relevant to the question.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

As I said, the Morrison-Joyce government takes issues of discrimination very seriously in Australia. We are committed to protecting Australians of faith and those not of faith from discrimination on the basis of their religion. And, as I said, the bill passed the House of Representatives last night. We made a commitment to the Australian people at the last election that we would, on this issue, address it, and we are progressing that commitment. But when amendments passed the House of Representatives, supported by the right of Labor, that have the potential impact of actually increasing the discrimination and the grounds of discrimination that can actually now be against students, we take that seriously. (Time expired)

Opposition senators int erjecting—

Photo of Slade BrockmanSlade Brockman (President) Share this | | Hansard source

Order! Senator Watt! Senator Rice, I have not given you the call. There needs to be quiet in the chamber.

Government senators interjecting

Order! Order on my right! Senator Rice, you have the call for a supplementary question.

2:19 pm

Photo of Janet RiceJanet Rice (Victoria, Australian Greens) Share this | | Hansard source

Minister, thank you for your non-answer to my question. We are still in the dark as to whether the government will bring on the bill. The media is full of headlines: 'Bill on ice', 'Indefinitely delayed', 'Bill not proceed'. Minister, given that, and I take it that it's not going to proceed, why won't you commit to taking meaningful action to protect people of faith rather than this sham bill which was the rushed product of right-wing culture wars?

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

Senator Rice, this is the fundamental difference between the Australian Greens and those on the coalition side in government. We believe in protecting people of faith from discrimination, and we made a commitment to the Australian people. We consulted widely, across the board, and we presented to the parliament what was a fair and reasonable bill. It honoured our commitment to people of faith to protect them from discrimination on the basis of their religion. Senator Rice, do you think it is fair for a Muslim to be discriminated against in employment? Do you think it is fair? Do you think it is fair for a Sikh to be discriminated against in employment? Do you think it is fair—

Photo of Slade BrockmanSlade Brockman (President) Share this | | Hansard source

Senator McKim, on a point of order?

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

On a point of order, the answer to those questions of course is no. But I'd draw to your attention, Mr President, that remarks should be directed to the chair, not in the form of questions directly to other senators. But the answer, for what it's worth, is no.

Photo of Slade BrockmanSlade Brockman (President) Share this | | Hansard source

Senator McKim, there is no point of order, Minister, you have five seconds remaining if you wish to take them.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

Again, on this side of politics, we believe in protecting people of faith from discrimination based on that faith. (Time expired)

Photo of Slade BrockmanSlade Brockman (President) Share this | | Hansard source

Senator Rice, a second supplementary question?

2:21 pm

Photo of Janet RiceJanet Rice (Victoria, Australian Greens) Share this | | Hansard source

Minister, do you think that trans, gender-diverse and non-binary people, including students at school, deserve the same protection from discrimination as other people, including by not having their very identity challenged and undermined by hurtful transphobic speech?

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

Again, the Morrison-Joyce government has made its position very, very clear.

Yes we have, Senator Rice. If you actually believed in protections, you would have read the amendment that passed the House of Representatives last night. There are very, very serious potential consequences for sections 38 and 37 of the Sex Discrimination Act because of the way it is drafted. Do you know what it has the effect of, Mr President? Potentially increasing the grounds for discrimination against students and prospective students.

Photo of Slade BrockmanSlade Brockman (President) Share this | | Hansard source

Senator Rice, on a point of order?

Photo of Janet RiceJanet Rice (Victoria, Australian Greens) Share this | | Hansard source

It's a point of order again on relevance. My question was on whether trans, gender-diverse and non-binary people, including students at school, deserve the same protection from discrimination.

Photo of Slade BrockmanSlade Brockman (President) Share this | | Hansard source

I was listening to the minister's answer and I believe she was being relevant to the question. Minister, you have 16 seconds remaining.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

Let me be very clear about the potential impact of the amendment that you supported last night. It seeks to protect students on the basis of gender identity. It leaves out protections for those in the intersex community. This is why you need to properly understand the consequences of amendments that you make. (Time expired)