Senate debates

Wednesday, 8 November 2023

Statements

Parliamentary Conduct

2:00 pm

Photo of Larissa WatersLarissa Waters (Queensland, Australian Greens) Share this | | Hansard source

I seek leave to make a three-minute statement on chamber procedure.

Leave not granted.

Pursuant to contingent notice standing in my name, I move:

That so much of standing and sessional orders be suspended as would prevent Senator Waters from making a three-minute statement on chamber procedure.

The reason that this is an urgent matter that needs to be debated is that on Monday evening in this chamber, in the course of debate on the counterterrorism bill, Senator Hanson's contribution was awash with racist language, including some despicable race based personal remarks about Senator Faruqi that should be withdrawn and that Senator Hanson should apologise for. Senator Hanson said:

Senator Faruqi, I will tell you again: if you don't see yourself as loving this country and abiding by the laws of the country, I have no problem. I will actually take you to the airport and put you on a plane and wave you away …

Not only are these remarks in breach of standing ordering 193, to not personally reflect—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Waters, please resume your seat. Senator Hanson?

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

Point of order: I've been called obscene names at the back here and I want it retracted, please—withdrawn.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

In the interests of the chamber, Senator Waters, if you've made such remarks—

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

Senators Steele-John—I'm sorry—and possibly Shoebridge. Those comments have been made from the back of the chamber to me—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Thank you, Senator Hanson. I have Senator Shoebridge on his feet. Senator Shoebridge.

Photo of David ShoebridgeDavid Shoebridge (NSW, Australian Greens) Share this | | Hansard source

Yes, I withdraw.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Thank you very much.

Photo of Jordon Steele-JohnJordon Steele-John (WA, Australian Greens) Share this | | Hansard source

I withdraw.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Thank you. Senator Waters, you've just started your contribution, but I remind you that you need to address the requirement that this is an urgent matter.

Photo of Larissa WatersLarissa Waters (Queensland, Australian Greens) Share this | | Hansard source

Thank you. As I was saying, the reason that this debate is urgent is that these remarks are not only in breach of standing order 193, to not personally reflect on another senator, but also clearly in breach of the behavioural code for Australian parliamentarians, which this chamber adopted on 8 February this year. Clause 11 of that code states, 'It is a prohibited behaviour for senators to discriminate in any form, including on the grounds of race or religion.' That code, which this chamber has endorsed, describes such behaviour as unacceptable, and it says that it 'will not be tolerated, condoned or ignored'. That is why it is urgent that we debate this matter today and why I sought to make a statement but instead am suspending standing orders to address this matter.

Senators are meant to be complying with this behaviour code even before the enforcement body, the independent parliamentary standards commission, is eventually established—and I urge the government to hurry up on that front. I am calling on Senator Hanson to withdraw her comments—comments that, I might add, she has made on a number of previous occasions as well—that she will drive Senator Faruqi to the airport and wave her away. It is tantamount to saying, 'Go back to where you came from,' as if Senator Faruqi is not an Australian, as if Senator Faruqi is not a citizen of this country, as if she is not an elected representative for the people of New South Wales. Senator Hanson needs to withdraw these remarks and apologise unconditionally.

The whole point of having codes of conduct, as recommended by the Set the standard report, as endorsed by this chamber, is to set the standard for other workplaces. It's to make this a safe workplace, it's to act with dignity and it's to not actively discriminate against others on the basis of their race, their gender, their sexuality, their religion. People of colour deserve to feel safe and welcome in this country and not have the likes of Senator Hanson say foul and racially discriminatory things which amount to 'Go back to where you came from.' There is no place for this kind of hateful language here or anywhere in this country.

If Senator Hanson will not voluntarily withdraw her repugnant remarks against Senator Faruqi and apologise for them, I ask you, President, to ask Senator Hanson to uphold the standing orders and the behaviour code and withdraw and apologise.

2:04 pm

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

The government will be supporting the suspension. We think this is an important matter and the conduct of senators is important in this chamber, especially in relation to racially discriminatory language, which allegedly has been used. This could have all been dealt with by now if leave had been granted, but, given it wasn't, we support the suspension.

2:05 pm

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

Those comments that were made were in relation to a speech, and actually what I said was:

We heard Mehreen Faruqi's disgust of Israel and what they have done to protect themselves. Through their retaliation they said: 'We've had enough. We've have had a gutful of this,' and now they are defending themselves. Good on them; I don't blame them. But the fact is that it's a pity that Mehreen Faruqi didn't—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Hanson, please refer—

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

I'm reading from what I said.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Hanson—

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

I will say—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Hanson, please resume your seat. I was not in the chamber when you made that contribution. I am in the chamber now, and I am directing you to refer to the senator by her correct name.

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

This is in Hansard but anyway all right. We'll go to Senator Faruqi:

… didn't look at what Pakistan did to two million Afghan people there. They just went in, bulldozed their homes, said, 'Go back to Afghanistan.' What about those people?

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Hanson, please resume your seat. Senator Waters.

Photo of Larissa WatersLarissa Waters (Queensland, Australian Greens) Share this | | Hansard source

Point of order: Senator Hanson is merely repeating what is already on the Hansard and that we have all had the displeasure of reading, which is why we are currently complaining about a breach of standing orders and the Code of Conduct, and simply repeating those comments takes us no further to a solution.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Waters, Senator Hanson is entitled to make those remarks. I was not in the chamber at the time when these remarks were made. But, senators in this place, we all know this is a chamber that allows broad-ranging debate that some of us might agree with and some of us may not agree with. Senator Hanson, as long as she remains within the standing orders and, like all senators, does not make personal reflections on other senators is within the standing orders. Senator Hanson.

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

I said:

Where is the fear for them? Oh no, that's right: Pakistan is the country that she came from, so we can't criticise the Pakistanis, can we? No, not at all.

I then said—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Hanson, in the same way I reminded Senator Waters, this matter is about why this matter is urgent, so I would ask you to address your comments to the urgency motion. Thank you.

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

My comments refer back to what Senator Waters was saying. I said:

Senator Faruqi, I will tell you again: if you don't see yourself as loving this country and abiding by the laws of the country, I have no problem. I will actually take you to the airport—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Hanson, that was a personal reflection. I'm going to ask you to withdraw that.

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

Well, that's a serious matter. Let me think about it.

Honourable senators interjecting

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

Senator Faruqi, there's a tissue here for you if you'd like.

Honourable senators interjecting

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Order! Senator Hanson, please resume your seat. I understand there are a number of points of order. I am going to deal with the matter in the first instance. Senator Hanson, as I said to you, I was not in the chamber when this matter first came up. I am in the chamber now. I am the President. You made a personal reflection. It's not up for debate. I have asked you to withdraw that, and I remind you again you need to withdraw.

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

I used to make those same statements at immigration ceremonies to people, and they accepted—

The:

Senator Hanson, please resume your seat. You are not debating with me. You have made a personal reflection. It is not in accordance with the standing orders. I have asked you or I have directed you to withdraw that statement. I simply ask you to withdraw without making any further comment.

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

I believe I'm speaking on behalf of millions of Australians, and, no, I won't—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Hanson! That is a very serious matter. You have breached the standing orders. I'm asking you to take a few moments and reflect on what I have directed you to do, and that is to withdraw that personal reflection. It doesn't matter what you may have said outside of the chamber. We all have to abide by the standing orders in here, including me. You have made a personal reflection on a senator, and I ask that you withdraw those remarks.

Photo of Pauline HansonPauline Hanson (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

I expect senators in this place to respect the Australian people and our laws and our views. I will—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Hanson! Senator Hanson, I'm withdrawing the call from you, and I'm moving to the next speaker. Are you seeking to make a point of order, Senator Hanson-Young?

Photo of Sarah Hanson-YoungSarah Hanson-Young (SA, Australian Greens) Share this | | Hansard source

Yes, I am, President. Senator Hanson is wilfully and continually ignoring your direction. That is a reflection on you as President. It's a serious breach of the standing orders. She should be named, and she should be held to account for that.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Thank you, Senator Hanson-Young. I'm well aware of the standing orders and what has just occurred. I have asked the senator to withdraw the remarks. I've now withdrawn the call from her. I'll see if there are any other speakers. Senator Farrell.

2:11 pm

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

I would ask that, when senators speak in this place, we speak with respect and understanding for difference; that we reject those in this country, politicians included, who seek to create division when we should be striving for unity; and that we reject hate and condemn prejudice and discrimination in all of its forms. We must maintain mutual respect for each other here and at home, and we must preserve our uniquely harmonious, multicultural character. That is why people come to this country. It's who we are as a country.

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | | Hansard source

President, I would draw the Senate's attention to the motion moved through this parliament according to wording supported by Senator Wong and me on Tuesday 27 September 2022. This motion made clear that this Senate condemns racism and discrimination in all its forms. It assures all migrants to Australia that they are valued, welcome members of society. It affirms that, if parliament is to be a safe place for all who work and visit here, there can be no tolerance for racism or discrimination in the course of parliamentarians' public debate, and it calls on all senators to engage in debates and commentary respectfully and to refrain from inflammatory and divisive comments, both inside and outside the chamber, at all times. Those words stand as true today as they did on that occasion, and that is the approach that all senators should apply.

In speaking to that debate at that time, President, I made a plea to all senators—particularly those at that end of the chamber—to stay out of the gutter, to rise above the Twitterverse, and to play the ball, not the person. I said that, in the conduct of debates in this place, the interjections and swipes made across the chamber, the insinuations and the other comments just don't have a place and that everybody around here should live up to a higher standard. Frankly, we see it coming from far too many directions too often, motivated in a whole range of different ways.

This debate is about suspension of standing orders. If leave had been granted, we would have had a three-minute statement from Senator Waters, which she has now made, essentially, in the statement that she made, raising all of the issues she expected to. The coalition did not deny leave. We would have welcomed and allowed that statement and facilitated it, just as we would have facilitated a response to that statement, because that would have been the proper course of events. But right now, around Australia, Australian households are doing it tough. There are plenty of issues for this Senate to be focusing on, rather than the petulant, petty arguments between different senators. So we won't be supporting any more time being given to these types of debates. We think we should get on with the issues facing Australians. I've made clear our position and the principles. I urge senators to live up to a higher standard, but I most particularly urge you all to get on with debating issues that are impacting every Australian right now.

2:14 pm

Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

There is no basis for this urgency motion, none at all. Not one word of Senator Waters referred to anything about Senator Hanson's comments as being racist. It is a concoction. Senator Watt reaffirmed it.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Roberts, please resume your seat. Senator Roberts has the right to be heard in silence, and I would ask all senators in this place to reflect on the words of senators Farrell and Birmingham. Senator Roberts.

Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

There's no basis for urgency. I also remind people that base racism is where someone refers to someone's race and then attributes superiority or inferiority. Senator Hanson did not even refer to race, did not even refer to skin colour; she referred to 'going home'. That's it. This is yet another stitch-up because you're scared of Senator Hanson. She is very capable, very patriotic, very fair, very honest. You can't put her down normally so you put her down with a label.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Roberts, I remind you that this is an urgency motion. I ask you, as you did in your opening remarks, to continue to reflect on the need for an urgency motion.

Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

Because Senator Hanson did not do what Senator Waters claimed, there is no need for an urgency motion at all.

2:16 pm

Photo of Mehreen FaruqiMehreen Faruqi (NSW, Australian Greens) Share this | | Hansard source

I just want to say that, sure, what Senator Birmingham and Senator Farrell have said are all good words but they don't matter. Words don't matter unless we hold people accountable, President.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Faruqi, please resume your seat. I acknowledge that you are part of the response today, but we are right now debating an urgency motion, so you need to confine your remarks to the urgency motion.

Photo of Mehreen FaruqiMehreen Faruqi (NSW, Australian Greens) Share this | | Hansard source

That's exactly about the urgency motion. The urgency motion is about holding people accountable for things that they say in the chamber and that's all that we are asking—that Senator Hanson be held accountable for what she has said—and this chamber is not willing to do that. I urge the chamber and you as the President of this chamber to ask Senator Hanson to withdraw because that is how we set the standard in this place—by holding people accountable for what comes out of their mouths, especially language which is a racial slur.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Faruqi, as you would be aware, I did ask Senator Hanson on several occasions to withdraw.

2:17 pm

Photo of Anne RustonAnne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | | Hansard source

In accordance with the comments made by my leader, I move:

That the question be now put.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

The question is that the question be put.

Question agreed to.

The question is that the urgency motion as moved by Senator Waters be agreed to.

2:24 pm

Photo of Larissa WatersLarissa Waters (Queensland, Australian Greens) Share this | | Hansard source

I appreciate the chamber's support in suspending standing orders to talk about this most crucial matter, and that is the conduct that we will tolerate, the words that we say we will tolerate and then the actions that are taken when those alleged behavioural standards are broken. So I'm very pleased that the chamber has supported this motion today. We simply wanted Senator Hanson to withdraw her racially charged remarks and to apologise to Senator Faruqi for them.

Instead of that, we heard a repetition of those remarks, and I'm very pleased, President, that you now will be giving further consideration to the consequences of Senator Hanson refusing to abide by your direction to withdraw those remarks, which, as you correctly ruled, were in breach of the standing orders and which are also in breach of those codes of conduct. It's important for us to uphold those standards. We're senators in this place, we're privileged, and we could have ignored that. But you know who can't ignore racism and racial slurs? The millions of Australians that face that on the streets and in their workplaces every single day. It is our obligation to call out that behaviour as unacceptable in this workplace and to set the standard for every other sphere of society. We've just seen an incredibly divisive and racially charged referendum, and people's hearts are broken. Let us now please recommit to holding that standard of not permitting racially divisive speech or religious discrimination in this chamber.

We won't walk past this conduct. We will call out this conduct every time it occurs, and until such time as we have the independent enforcement body which will be charged with making sure that these behaviour standards are in fact made real consequences flow, until such time as that independent parliamentary standards commission is finally established—and I might add there are some people in this place who have been dragging the chain on that, and they need to stop dragging the chain on that—until that independent enforcement body is established, we will call this out every single time. Thank you, President, for taking under advisement the further actions and the consequences that should flow for Senator Hanson.

I might add that the draft behaviour standards for Commonwealth workplaces will soon also be enforceable, and there will be a prohibition on racial, religious, sex and gender discrimination that will apply in all Commonwealth parliamentary workplaces. It is not just this chamber where these standards need to be upheld. The commitment that we have made, thanks to the excellent work of former Sex Discrimination Commissioner Kate Jenkins, is that the standard in all Commonwealth parliamentary workplaces will be one that is free from discrimination. I look forward to the enforcement of those codes. I remind all in this chamber that we have committed to uphold those behaviour standards and those codes of conduct, and we will call out conduct that is racially charged, that is divisive and that is utterly inappropriate.

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

I have an issue with truth.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Lambie, this is not a free-ranging debate.

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

No, we're talking about discrimination, but—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

No, Senator Lambie. When you resume your seat, I'll tell you where we're up to. Senator Waters sought leave from the chamber to give a three-minute statement. That was denied. Senator Waters then sought an urgency motion. There was some debate on that. That motion was put and carried. That allows Senator Waters to make her three-minute statement, which she has done, so unless you are seeking leave or there's a point of order, there's no opportunity for you to speak.

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

I'm sorry, Madam President, it's a point of order. I was just a little concerned about an accusation that I was watching—through the chair—from you, Senator Birmingham. I'm not sure if this was meant, but you said, in relation to the motion moved by you and Senator Wong talking about racial discrimination, 'Particularly to those at that end of the chamber'. Last I checked, this is referring to us, so I would ask you if you could go back and reflect on your words and what was said and whether or not you should come in and apologise.

Photo of Peter Whish-WilsonPeter Whish-Wilson (Tasmania, Australian Greens) Share this | | Hansard source

Or just be honest enough to name who you mean.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Order! Senator Lambie, Senator Birmingham did not make a direct reference to any particular senator. He's heard what you've said. It's up to him, but he has not breached any standing orders. Before we go to question time, I want to make clear to the chamber what I will do. I will go back and look at the original contribution. As I indicated to the Senate, I wasn't in the chair when those original contributions were made. I will reflect on that. I will also reflect on today's contribution. As the Senate is aware, I have also asked or requested that Senator Hanson withdraw her remarks against Senator Faruqi. She's refused to do that, so I am using my discretion and Senator Hanson will not be heard until I come back to the chamber and give a further direction.

Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

A point of clarification, please, President. When you scrutinise what Senator Hanson said yesterday, I presume you'll do it in the light of the accusation that Senator Waters has falsely made—that it was racist. If you're looking for a racist comment—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Roberts, you are now on a debating point. I have undertaken to review all of that debate and the debate today. We're now moving to question time.