Senate debates

Tuesday, 5 December 2023

Motions

Albanese Government

9:31 am

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

I seek leave to move a motion relating to the Albanese Labor government and its failure to keep Australians safe.

Leave not granted.

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

That so much of the standing orders be suspended as would prevent him moving a motion to provide for the consideration of a matter, namely a motion to allow a motion relating to the Albanese Government's response to the decision to be moved and determined immediately.

President, the first duty of any Australian government is to keep people safe, to keep Australians safe. The failure we are seeing from those opposite is a shameful failure. We have seen one of the greatest bungles with one of the most serious consequences. This government has mishandled the rulings of the High Court, the case when it was before the court and its responses to it with grievous consequences that have now endangered the lives of Australians, seeing the types of circumstances unfold that had been foreshadowed from the moment this matter became public. It has been a case of failure upon failure upon failure by the Albanese Labor government in its handling of this matter. Failure in the court case itself, where the government allowed government to speak out of both sides of its mouth. It had the Human Rights Commission saying one thing, sanctioned by the Attorney-General—

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

Senator Cash!

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

while the government ran alternate case. Indeed, the government apparently telling the court that it could not repatriate the individual who was the subject of the case while potentially receiving advice that perhaps it could repatriate them—undermining the case that it could have run.

Then of course, on the day of judgement handed down by the court, we had the government release the one individual and say they would wait to receive the statement of reasons before doing anything else. But what did they do? They failed again. They failed to stick to what they said they would do.

An opposition senator: That's right.

They said they'd wait, but they started the release—and release and release and release—until more than 100 individuals had been released across Australia. And let's remember: these individuals—murderers, rapists, child sex offenders, paedophiles—these are individuals—

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

Contract killer!

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

Senator Birmingham, please resume your seat. I am very reluctant to interrupt the Leader of the Opposition in the Senate, but the constant disorder and disrespect and interjections from the left side of the chamber is unacceptable. If you wish to speak, seek the call otherwise listen in silence. Senator Birmingham.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

Go Birmo!

Opposition senators interjecting

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

I'm perfectly relaxed, President. On the day of the judgement, the government said it would wait but, instead, it didn't take its own advice—it didn't do as it said it would do—it just went on and released individual, after individual, after individual, who it was known posed a threat to the Australian community. In this place, and in the other place, we saw the government face questions from Mr Dutton, from Senator Cash and from Senator Paterson about the risks that these individuals posed, but the government couldn't stick to its own decision; it couldn't detain them and await the statement of reasons. Instead, it proceeded to release them.

Then what did we see from this government, that had failed in its handling of the case and had failed on the day of, and on the days following, the statement of reasons? We saw them bring legislation to this parliament—legislation that, again, reflected calls the opposition had made for the government to look, where these individuals had been released, at how they could be tracked and followed, and what steps could be taken. What did the government do? It released the legislation at breakfast time. At 8 am the opposition were given briefings on that legislation. And what did we do in response to it? We went away and had a look to see whether we could make it tougher. The government went out publicly, and said, 'This is as tough as it gets!' That was at breakfast time. Guess what? By lunchtime they had accepted all the amendments from the opposition—all six amendments from the opposition to make the legislation tougher were accepted by lunchtime by the Albanese government.

So they failed in the case's handling, failed in the immediate response and failed in the first package of legislation. We're now having to work through further packages of legislation with this government. We are taking the diligence and time to try to ensure that it is done thoroughly. It is so critical for the opposition to keep a check on this government, because they're not up to it! And they've shown they're not up to it time and time again. Minister Giles and Minister O'Neil clearly demonstrated that they're not up to it, which is why Prime Minister Albanese should at last show some leadership and sack these hopeless ministers—

Opposition senators interjecting

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

Order! Senator Birmingham, please resume your seat. I expect silence. Senator Birmingham, please continue.

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

Sack these hopeless ministers—Minister Giles and Minister O'Neil—because the consequences are now writ large. Go and ask the woman in South Australia who was sexually assaulted what she thinks of the way your government has handled this! Go and ask Australians who are dealing now with the consequences of having murderers, rapists, sexual assaulters and paedophiles—

Honourable senators interjecting

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

Order across the chamber! Senator Birmingham, please resume your seat. Senator Hughes?

Photo of Hollie HughesHollie Hughes (NSW, Liberal Party, Shadow Assistant Minister for Climate Change and Energy) Share this | | Hansard source

A point of order, President. Senator Ayres should withdraw the slur he just made to Senator Birmingham across the chamber. This is about the sexual assault of a woman, and referring to Senator Birmingham in that way, you are a disgrace—

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

Thank you, Senator Hughes, resume your seat! May I remind senators that when you stand on a point of order it is not your opportunity to make a statement. You simply make your point of order and resume your seat. Senator Ayres I didn't hear if you made a slur but if you did I ask you to withdraw it.

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

Amongst a blizzard of reflections, I'm happy for mine to be singled out—

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

Senator Ayres, resume your seat! Senator Ayres, I'm going to ask you—

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

You set the standard, you should follow it!

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

Order! Senator Cash, you have constantly interjected. Senator Ayres, please just withdraw it, if you made a slur.

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

I withdraw.

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

Thank you. Senator Urquhart?

Photo of Anne UrquhartAnne Urquhart (Tasmania, Australian Labor Party) Share this | | Hansard source

I would also ask Senator Hughes to withdraw the comment she made towards the senator.

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

Thank you—

Photo of Hollie HughesHollie Hughes (NSW, Liberal Party, Shadow Assistant Minister for Climate Change and Energy) Share this | | Hansard source

I withdraw.

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

Thank you, Senator Hughes. Senator Birmingham.

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

So it has been fail, after fail, after fail by the Albanese government and the consequences are now home, that Australians have faced the reality of a sexual assault being undertaken and of other threats being posed. These ministers should be sacked and this government should go. (Time expired)

9:38 am

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

The government will not support this suspension motion moved by Senator Birmingham. I'll come to the substance of the motion that he has moved, but this is primarily because we have agreed on a program for today. It is set out and, in fact, those opposite are eating into the time that they requested for the debate on infrastructure this morning, which they sought specifically. So, by all means, disrupt the time that you had argued for yourselves and for Senator McKenzie to have on the infrastructure bill debate.

On the substance of the argument that has been put by Senator Birmingham: I think it is important for those listening, and to get it on the record, that the government was required to release a cohort of detainees from immigration detention.

And, as Senator Cash knows, we have been seeking, for a couple of days, to brief them, on agreed terms, on the legal advice. Unfortunately, that briefing, because of Senator Cash's and Mr Tehan's program, isn't able to be done until later this afternoon. Now we have been trying since early yesterday morning to offer those briefings so that you can be provided—

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

When's the House sitting, Katy?

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

because of the assertion that you made, that people didn't have to be released, with the information the government has. The government has acted in accordance with the legal advice that has been provided to us, and perhaps those opposite—

Photo of Hollie HughesHollie Hughes (NSW, Liberal Party, Shadow Assistant Minister for Climate Change and Energy) Share this | | Hansard source

How outstanding was that advice! You didn't even have the legislation prepared.

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

Yes, I know Senator Hughes can keep shouting at me, but perhaps she should read the statement that's just been tabled by the Attorney-General, which provides some further information on that. But we have been trying to provide those briefings to the opposition. One may suspect that they don't want to be provided with that, because it would actually change their narrative.

We have acted in accordance with the law, with the advice that was given to the government, and, since that time, we have been working around the clock. There has been a taskforce established by ABF and the AFP.

I hear Senator Hughes besmirching the taskforce that is being managed by the AFP and the ABF, who have operational responsibility for the implementation of the monitoring of this cohort.

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

Order! Minister, please resume your seat. Order on my left. Senator Hughes, your constant interjections are disorderly and disrespectful. I'm asking you, I'm requesting you, I'm ordering you to listen in silence. Minister Gallagher, please continue.

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

So I would urge those opposite to actually read the statement provided by the Attorney-General. We have a taskforce that was established; we've been working with state and territory police; and we have been working around the clock to put in place protections, including at the point of release into the community, and since then, whether it be legislation or further amendments to that legislation. We have been providing the option for briefings for the opposition. Unfortunately, Senator Paterson, with portfolio responsibility, isn't here. I don't believe—

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

Minister Gallagher, please resume your seat. Senator Scarr?

Photo of Paul ScarrPaul Scarr (Queensland, Liberal Party) Share this | | Hansard source

A point of order: reflection on the absence of a member.

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

I'll remind Senator Gallagher that we don't reflect in this chamber on whether shadows are, or anyone is, available or not available. Please continue.

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

I'm happy to follow your ruling on that, but Senator Paterson isn't available to be briefed on this bill, and we are, again, engaging with the opposition to provide those briefings. Unfortunately, the legal briefing, which we have been seeking to provide to the opposition, isn't able to be done until after four o'clock today, but, once that has been done—

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

When is the House next sitting, Katy?

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

Well, the House of Reps is sitting—

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

Bring it on.

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

We are happy to bring it on. We have been ready. We have been waiting for the agreement from the opposition, and the opposition have not provided that and have sought further briefings, which are happening later this afternoon.

But this government has been working tirelessly. Those ministers have been working tirelessly. I have been working with them. They have been working around the clock. They have been thrown a complex and challenging situation, which we have responded to, with terms on visas, with legislation that has already passed and with further legislation that will pass this parliament this week. That has been done in a matter of weeks.

Many of these people, when you were in government for nine years, sat in immigration detention with no pathway out—not one attempt to relocate or negotiate an outcome for those. That is the situation we've inherited. The court has found that that law is wrong, and we have been responding to it.

9:44 am

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

The Greens will not be supporting this motion. To say that the Senate has some particularly important matters to consider today would be absolutely understating the importance of the business that we all know is before the Senate today. With regard to what is actually happening here, let's be very clear about one thing: a race to the bottom on refugee policy—a race to the bottom on immigration detention policy—in Australia is something that we have seen time after time after time in this country over the last 25-odd years, since the Tampa arrived and that was politicised so utterly disgracefully by—

Opposition Senators:

Opposition senators interjecting

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

Senator McKim, please resume your seat. I should not have to constantly sit a senator down. They have the right to be heard in silence. If you wish to make a contribution, seek the call, otherwise sit in silence.

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

As I was saying, we've all seen this story before. We've seen it time after time after time since the Tampa arrived and that was so disgracefully politicised by then Prime Minister Mr Howard.

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

Senator McKim, please resume your seat. Senator Hughes, I have lost count of the number of times I have had to call you to order. The minute Senator McKim got on his feet, you started to interject again. It is disorderly.

Photo of Hollie HughesHollie Hughes (NSW, Liberal Party, Shadow Assistant Minister for Climate Change and Energy) Share this | | Hansard source

I'm defending the rights of the South Australian woman assaulted. Maybe they don't!

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

Don't argue. You're not in an argument with me, Senator Hughes.

Senator Hughes, you are not in an argument with me. You are to sit there quietly and not interject.

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

As I was saying, we've all seen this story time after time. There is a dark thread that runs through the politics of both major parties in this country, and that dark thread has resulted in death and in refugees and people seeking asylum being brutalised and demonised in immigration detention, both on Manus Island and Nauru and here onshore in Australia. We know this story because we have seen it time after time and seen the rampant politicisation of the issue by the party that now sits in opposition. In Australia, the News Corp media is coming in behind that party, magnifying their fake, confected emergencies with regard to refugees and people seeking asylum and magnifying the demonisation of refugees and people seeking asylum. Then the Labor Party is rolling over and capitulating to the Liberals and to the Murdoch media.

That is exactly what has happened over the past few weeks with regard to the government's response to the recent High Court decision that effectively ruled that indefinite immigration detention is unlawful in Australia, and that is what we are seeing played out here today. I've got some advice for the government: stop letting Mr Dutton, the Leader of the Opposition, write your policy on refugees, people seeking asylum and immigration detention, because we all know the dark path that that will lead this country down. It's about time that we collectively stood up for human rights, for proper process, for the rule of law and for the separation of powers in this country. It's about time that we legislated like grown-ups in this place, where we carefully consider our response to things like High Court decisions, not legislate in a shoddy, xenophobic, panicked way because the Labor Party is too weak and cowardly to stand up to Mr Dutton's agenda.

That is what is going on at the moment. That is what is going on in this debate. I predict that that's what's going to go on over the next 48 hours in this place. If there is one thing we know about Mr Dutton, it's that he has built a career on demonising refugees and people seeking asylum and he's not going to stop now. My last piece of advice to the Labor Party is this: when you appease someone like Mr Dutton, they will simply take everything you give them, take another giant step over to the Right and go again. That's what's going to happen, and it needs to stop.

9:49 am

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

Talk about excuses coming from the Leader of the Government in the Senate at the moment, Senator Gallagher, who is sitting there. Wow, what excuses. You have one responsibility as a government—to keep Australians safe—and you have failed miserably. You talk about legal briefings. Well, guess what? We were in negotiations for a legal briefing. The situation we are currently in is, for the record, a direct result of the draconian conditions around the provision of the advice in hard copy only. Guess where the shadow minister is? In his electorate. And guess what? They have said he's got to go to the CPO, which is a 3½ hour drive to actually access the advice. The Attorney-General of Australia will not leave the closeted conditions of his office or have someone drive out and give our shadow minister a copy of the advice.

We were conducting these negotiations, Senator Gallagher—through you, Chair—in good faith, but, with what you've put on the record today, clearly the government wants to only play political games and nothing more, and that is an absolute disgrace. The relevant shadow minister has been told that unless he drives 3½ hours—because apparently technology doesn't assist—the department can't actually get the advice to him in a confidential manner. We were negotiating with this government in good faith. We'd had one briefing yesterday morning on this, and we were negotiating with this government in good faith. But clearly that good faith has been thrown out the window this morning because you want to play political games.

Then, of course, we have the statement this morning from the Attorney-General of Australia. You have to be kidding me. Let's be clear on what this statement doesn't do. There is nothing in this statement that addresses the fundamental issue that the release of every single one of the 148 detainees was a government decision. Despite what they want to say, it was a decision based on an assessment made by the government of what the High Court had said in its NZYQ decision and a decision based on an assessment by the government in advance of the High Court's statement of reasons. The Attorney-General; the Minister for Immigration, Citizenship and Multicultural Affairs; and the Minister for Home Affairs have now resorted to this, and it really is pathetic—seriously. Honestly, someone doing work experience in the Attorney-General's office could have drafted this. It is that pathetic of a statement—to cover their own inadequacies in this regard. Instead of resorting to this kind of petulant rubbish, quite frankly they should be standing in front of the cameras today and apologising to the Australian people for the mess that they have now got Australians in.

Let's have a look at the front pages across Australia today.

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

Senator Cash, it's a prop—no holding it up.

Photo of Linda ReynoldsLinda Reynolds (WA, Liberal Party) Share this | | Hansard source

Read them!

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

I'll read them then. That's even better. The Daily Telegraph says 'Freed detainees in alleged assault, drugs charge', and 'asylum creepers'. Guess what? It gets worse when you read what the judge said in 2016, when sentencing one of the released detainees that this government—the Albanese government—has released into the community. The judge said, in 2016, during his sentencing, that this man was 'a danger to the Australian community' and, what is worse, 'an ongoing risk to women'. You have to be kidding me. They have now freed detainees on alleged assault and drugs charges. Then we have the front page of the Advertiser of 'Freed fiend on sex charge'. Then we have—let's go through it—the Australianheadline 'Human catastrophe: detainee sex charges'. We can keep going through today's papers. The front page of the Herald Sunis 'How could you let this happen?' I'll tell you that that is a very good question. It's sheer incompetence and nothing more. Then, of course, you have the West Australian newspaper today—Anthony DeCeglie is the editor—with the headline that says it all, 'Everything is f-"space"-c-k-e-d'. That's about the only thing you can say about this government at the moment. Anthony De Ceglie, editor of the West Australian, you've got it right.

9:54 am

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

The shadow Attorney-General says that they want to negotiate in good faith. The shadow Attorney-General says that the government should stop playing political games. Well, I say: look at what they have done and how they have behaved and reach your own assessment of whether this crowd is capable—

Opposition Senators:

Opposition senators interjecting

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

Senator Ayres—

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

of seeing the national interest—

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

Senator Ayres, please resume your seat. I would like you to reflect, on the left, that, when Senator Cash stood up and made her contribution, you were heard in silence. Senator Ayres is now on his feet and—

Photo of Linda ReynoldsLinda Reynolds (WA, Liberal Party) Share this | | Hansard source

That's because there's no-one over there.

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

Senator Reynolds and Senator O'Sullivan—he is to be heard in silence. Senator Ayres.

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

whether they are capable of putting the national interest first, whether they are capable of seeing any issue in any other way than what is in their narrow, immediate, partisan interests. And they are not capable. They are not capable of silence in this debate because they can't restrain themselves. They cannot restrain themselves.

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

Senator Hughes.

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

Senator Hughes, in particular—

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

Senator Ayres, please resume your seat. Senator O'Sullivan, you are being incredibly disorderly. You're not at a football match. I saw what you did. I'm asking you to listen in silence. Senator Ayres.

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

Each of them is incapable of seeing the national interest first. And that is what the government has done. The Leader of the Opposition says, and the shadow Attorney-General says, that these people should not have been released. What do they seriously say—

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

That is what we said! The man who sexually assaulted a woman in South Australia should not have been released.

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

that the government should not have followed the law?

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

Senator Ayres—

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

That is precisely—

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

Senator Ayres! Resume your seat. Once again, I remind those on my left to listen in silence. Senator Ayres.

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

That is precisely what the government has done, and urging the government—

Photo of Bridget McKenzieBridget McKenzie (Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | | Hansard source

It was sexual assault.

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

Senator Ayres, please resume your seat. I'm not sure who that was. I think it was Senator Reynolds—Senator McKenzie. Apologies, Senator Reynolds. I have just called the chamber to order. You are being disrespectful. Senator Ayres.

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

And that is precisely what the government has done. Urging the government to do anything else but follow the law, legislate carefully and use the two weeks that has been available to us, all the way up until Thursday, to make sure that the legislative framework is right—

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

Order, Senator Reynolds.

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

just shows that this lot is unfit for the job that they seek, unfit for even the offices that they hold in opposition, let alone any other aspiration that may cloud their entitled, smug minds, in terms of the way that they approach this question.

Now, on this cohort of people, the government's approach in the court was absolutely clear. It was not the government's view that the law should change. The government sought an approach, in the government's approach before the High Court, that would have seen not only NZYQ continue to be in detention but also the rest of this cohort.

Opposition senators interjecting

I just have to respond—

Opposition senators interjecting

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

We must, unlike some tin-pot dictatorship, follow the rulings of the High Court. That is fundamental to the Australian operation of law.

And I have to reflect for a moment on Senator McKim's contribution as well. It is not right to conflate broader issues of migration and of the treatment of refugees and asylum seekers with this issue. This is a cohort who have committed offences—some of them are very serious offences—and the approach of the government will be to ensure community safety. That's what we will do. It is a big mistake, in my view, for people on either side of this argument to try and conflate these. It serves the interests of some on the extremes of either side of Australian politics, but it is not in the national interest to conflate these issues.

As to Mr Dutton's history on this question and the opposition's history on this question—if only people we were made more secure by shouting! If only people were made more secure by tough talk.

You know what we need in this situation? We need precision. We need deliberation. We need cold calculations about what is in the national interest. We need to develop an approach to the law that is consistent with the national interest. None of that has been displayed by those opposite, who have just shouted and bellowed and talked tough and come up with nothing that is in the national interest. I look forward to seeing your conduct this week, when it really counts, as we legislate our way through this set of challenges. I look forward to seeing whether you're actually capable of acting in the national interest. (Time expired)

10:00 am

Photo of David PocockDavid Pocock (ACT, Independent) Share this | | Hansard source

I agree with Senator Cash that we should be keeping Australians safe. We've heard Senator Birmingham say that as well. That should be a primary focus for us in this chamber. But the way we do that matters and the way we talk about it matters. Here we are, after agreeing to a program yesterday, now having a debate on the proposed suspension. Yes, this is incredibly important. What we've seen happen in these two cases shouldn't have happened, and we have an obligation to deal with this. But where's the suspension of standing orders for the 60 Australian women and children that have been murdered this year? We talk about keeping Australians safe. Where's the urgency around that? Yes, the new government has done work on coercive control, with the new plan to end violence against women and children, and I give them credit for that.

Photo of Linda ReynoldsLinda Reynolds (WA, Liberal Party) Share this | | Hansard source

You're the one who got the cashless debit card out.

Photo of David PocockDavid Pocock (ACT, Independent) Share this | | Hansard source

But if we're serious—

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

Just a moment. Senator Pocock, please resume your seat. Senator Reynolds, again, I've called your name a number of times today. When I call 'Order!' in the chamber, it does apply to you. I should not have to name you. Senator Pocock has the right to be heard in silence.

Photo of David PocockDavid Pocock (ACT, Independent) Share this | | Hansard source

I wasn't sure why talking about taking violence against women seriously should elicit interjections like that. (Time expired)

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

The question is that the suspension motion as moved by Senator Birmingham be agreed to.