Division Description Changes — Documents — Instrument of Designation of the Republic of Nauru as a Regional Processing Country; Presentation — 10th Sep 2012

Change	Division
representatives vote 2012-09-10#1 Edited by system on 2014-10-07 16:21:03	Title Description <p class="speaker">Anna Burke</p> <p>Order! The question is that the amendment moved by the member for Cook be agreed to.</p> ~~<p></p>~~ <p>The question now is that the motion moved by the Minister for Immigration and Citizenship be agreed to.</p> ~~<p><i> <i>A division having been called and the bells having been rung-</i></i></p>~~ <p>As there are fewer than five members on the side for the noes, I declare the question resolved in the affirmative in accordance with standing order 127. The names of those members who are in the minority will be recorded in the <i>Votes and Proceedings</i>.</p> <p>Question agreed to, Mr Bandt and Mr Wilkie voting no.</p> Anna Burke Order! The question is that the amendment moved by the member for Cook be agreed to. The question now is that the motion moved by the Minister for Immigration and Citizenship be agreed to. _ _A division having been called and the bells having been rung-__ As there are fewer than five members on the side for the noes, I declare the question resolved in the affirmative in accordance with standing order 127. The names of those members who are in the minority will be recorded in the _Votes and Proceedings_. Question agreed to, Mr Bandt and Mr Wilkie voting no.
representatives vote 2012-09-10#1 Edited by mackay staff on 2014-01-24 12:09:08	Title Description ~~<p class="speaker">Chris Bowen</p>~~ <p>I present the Instrument of Designation of the Republic of Nauru as a regional processing country under subsection 198AB of the Migration Act 1958, together with the five related documents in accordance with subsection 198AC of the Migration Act 1958. By leave—I move:</p> <p class="italic">That, in accordance with subsection 198AB of the <i>Migration Act 1958</i>, the House approve the instrument of designation of the Republic of Nauru as a regional processing country.</p> <p class="speaker">Anna Burke</p> <p>Order! The question is that the amendment moved by the member for Cook be agreed to.</p> <p></p> <p>The question now is that the motion moved by the Minister for Immigration and Citizenship be agreed to.</p> <p><i> <i>A division having been called and the bells having been rung-</i></i></p> <p>As there are fewer than five members on the side for the noes, I declare the question resolved in the affirmative in accordance with standing order 127. The names of those members who are in the minority will be recorded in the <i>Votes and Proceedings</i>.</p> <p>Question agreed to, Mr Bandt and Mr Wilkie voting no.</p> <p>Today, acting under section 198AB of the Migration Act 1958, I designate by legislative instrument the Republic of Nauru as a regional processing country. In accordance with the legislative amendments to permit regional processing, which came into effect on 18 August 2012, I am required to present to the House the following documents: a copy of the designation; a statement outlining why I think it is in the national interest to designate Nauru as a regional processing country; a copy of the memorandum of understanding with Nauru, signed on 29 August 2012; a statement about my consultations with the United Nations High Commissioner for Refugees in relation to the designation; a summary of advice received from the UNHCR about the designation; and a statement about the arrangements that are in place or are to be put in place in Nauru for the treatment of persons taken there. I now seek the approval of this designation to present the necessary supporting documents to the parliament. I call on my colleagues in both houses of parliament to approve this designation to enable the first transfers of offshore entry persons to Nauru for processing in accordance with the new regional processing arrangements. The need to present this designation to parliament has become a matter of urgency—urgency with resolve, urgency to restore order and save lives.</p> <p>Less than a month ago the government was presented with the findings of the expert panel on asylum seekers. The government immediately endorsed in principle all of the recommendations contained in the report. In the weeks following we have been working through those recommendations to respond to the complex and difficult issues that we face collectively as a parliament and as a nation. The panel was forthright in its view on how best to manage the incredibly difficult policy conundrum raised by balancing border control with the need to deal humanely with asylum seekers arriving irregularly by boats on our shores and the underlying need to prevent the loss of life occurring as a result of irregular movement. Matters such as these are above politics.</p> <p>Since the Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012 was passed by this parliament the tragic sea voyages have continued—tragic because in just a matter of weeks another estimated 100 lives have been lost at sea. These are lives that need not have been lost—deaths that could have been avoided. Tragically, those 100 lives lost now take the total estimated toll since 2001 to 1,064. This designation will be another step forward in our efforts to ensure that deaths resulting from dangerous sea journeys at the hands of unscrupulous people smugglers are avoided. Now is the time to take action. None of this is easy, but in the words of Angus Houston:</p> ~~<p class="italic">We recommend a policy approach that is hard-headed but not hard-hearted, that is realistic not idealistic, that is driven by a sense of humanity as well as fairness.</p>~~ ~~<p>The government agrees with Angus Houston. We are taking action and this parliament needs to also.</p>~~ <p>Regional processing is an essential part of an integrated, long-term response to asylum seeking in our region. It is but one element, albeit an important one. Australia has always been committed to working closely with regional partners to strengthen the region's response to irregular movement and people smuggling. In 2011 we worked with Indonesia as co-chairs of the Bali Process to produce the Regional Cooperation Framework that was endorsed by ministers at the Bali Process Ministerial Meeting in March 2011. Australia has further committed to fund, establish and maintain a regional support office which will coordinate practical measures to implement the framework. I am pleased to note that the regional support office was officially opened in Bangkok today.</p> <p>The memorandums of understanding with Nauru and PNG, together with a designation of Nauru as a regional processing country, send a clear message that countries in this region will take the necessary action to ensure the integrity of their borders and undermine people smuggling networks.</p> <p>The message to asylum seekers who are tempted to engage people smugglers is that if they travel irregularly to Australia by boat they will not have their claims assessed in Australia but in Nauru or Papua New Guinea. To reinforce the message that they should not undertake irregular and dangerous sea voyages, additional and safer regular avenues for migration are being made available through the region through an increased humanitarian program. The government is committed to increasing the humanitarian program to 20,000 places a year, with 12,000 of those being for refugees offshore. The government is also continuing to engage with the government of Papua New Guinea in relation to the establishment of a regional processing centre on Manus Island.</p> <p>The only condition for the exercise of my power to designate a country as a regional processing country is that I think it is in the national interest to do so. I think that it is in the national interest to designate Nauru, as Nauru has provided the specified assurance required by the legislation. I also think it is in the national interest to designate Nauru as a regional processing country because it will discourage irregular and dangerous maritime voyages—thereby reducing the risk of loss of life at sea—promote a fair and orderly humanitarian program that retains the confidence of the Australian people and promote regional cooperation in relation to irregular migration and addressing people smuggling. The arrangements already in place in Nauru or to be put in place are satisfactory.</p> <p>We are also continuing to work on implementing the Malaysia agreement. However, our immediate priority is to establish regional processing in Nauru and Papua New Guinea and to begin resettling more refugees from Indonesia and other countries in our region as part of our increased humanitarian program. The government has been in regular contact with Malaysia, which remains firmly committed to implementing the agreement. That communication will continue. In 2012-13 Australia will again resettle around 1,350 UNHCR mandated refugees from Malaysia. This meets the commitment provided under the arrangement with Malaysia entered into in July 2011.</p> <p>The opposition has criticised us for not bringing these designation documents to parliament sooner. It has recorded that the Howard government had offshore processing in Nauru up and running in 19 days. Times have changed and so have expectations. The new legislation contemplates that there will be written agreements between Australia and any country to which persons are taken and requires me to consider whether those countries have given Australia certain assurances about what will happen to an asylum seeker who is taken to a regional processing country. This is an important requirement allowing transfers to be effected but not at any cost.</p> <p>The government also sees that it is important for Nauru as a sovereign state to have input into the development of any arrangements, and it has been keen to do so. We are dealing with people seeking protection, and there is a need for fully considered arrangements to be put in place. By presenting the designation and accompanying documents in accordance with the legislation, we are providing the parliament with the opportunity to be satisfied that they are appropriate. Again, I call on both houses of parliament to approve this designation, to enable the first transfers of offshore entry persons to Nauru and to provide the circuit-breaker to irregular maritime arrivals called for by the expert panel's report.</p> ~~<p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>~~

~~Chris Bowen~~
I present the Instrument of Designation of the Republic of Nauru as a regional processing country under subsection 198AB of the Migration Act 1958, together with the five related documents in accordance with subsection 198AC of the Migration Act 1958. By leave—I move:
That, in accordance with subsection 198AB of the Migration Act 1958, the House approve the instrument of designation of the Republic of Nauru as a regional processing country.
Anna Burke
Order! The question is that the amendment moved by the member for Cook be agreed to.

The question now is that the motion moved by the Minister for Immigration and Citizenship be agreed to.
 A division having been called and the bells having been rung-
As there are fewer than five members on the side for the noes, I declare the question resolved in the affirmative in accordance with standing order 127. The names of those members who are in the minority will be recorded in the Votes and Proceedings.
Question agreed to, Mr Bandt and Mr Wilkie voting no.
Today, acting under section 198AB of the Migration Act 1958, I designate by legislative instrument the Republic of Nauru as a regional processing country. In accordance with the legislative amendments to permit regional processing, which came into effect on 18 August 2012, I am required to present to the House the following documents: a copy of the designation; a statement outlining why I think it is in the national interest to designate Nauru as a regional processing country; a copy of the memorandum of understanding with Nauru, signed on 29 August 2012; a statement about my consultations with the United Nations High Commissioner for Refugees in relation to the designation; a summary of advice received from the UNHCR about the designation; and a statement about the arrangements that are in place or are to be put in place in Nauru for the treatment of persons taken there. I now seek the approval of this designation to present the necessary supporting documents to the parliament. I call on my colleagues in both houses of parliament to approve this designation to enable the first transfers of offshore entry persons to Nauru for processing in accordance with the new regional processing arrangements. The need to present this designation to parliament has become a matter of urgency—urgency with resolve, urgency to restore order and save lives.
Less than a month ago the government was presented with the findings of the expert panel on asylum seekers. The government immediately endorsed in principle all of the recommendations contained in the report. In the weeks following we have been working through those recommendations to respond to the complex and difficult issues that we face collectively as a parliament and as a nation. The panel was forthright in its view on how best to manage the incredibly difficult policy conundrum raised by balancing border control with the need to deal humanely with asylum seekers arriving irregularly by boats on our shores and the underlying need to prevent the loss of life occurring as a result of irregular movement. Matters such as these are above politics.
Since the Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012 was passed by this parliament the tragic sea voyages have continued—tragic because in just a matter of weeks another estimated 100 lives have been lost at sea. These are lives that need not have been lost—deaths that could have been avoided. Tragically, those 100 lives lost now take the total estimated toll since 2001 to 1,064. This designation will be another step forward in our efforts to ensure that deaths resulting from dangerous sea journeys at the hands of unscrupulous people smugglers are avoided. Now is the time to take action. None of this is easy, but in the words of Angus Houston:
~~We recommend a policy approach that is hard-headed but not hard-hearted, that is realistic not idealistic, that is driven by a sense of humanity as well as fairness.~~
~~The government agrees with Angus Houston. We are taking action and this parliament needs to also.~~
Regional processing is an essential part of an integrated, long-term response to asylum seeking in our region. It is but one element, albeit an important one. Australia has always been committed to working closely with regional partners to strengthen the region's response to irregular movement and people smuggling. In 2011 we worked with Indonesia as co-chairs of the Bali Process to produce the Regional Cooperation Framework that was endorsed by ministers at the Bali Process Ministerial Meeting in March 2011. Australia has further committed to fund, establish and maintain a regional support office which will coordinate practical measures to implement the framework. I am pleased to note that the regional support office was officially opened in Bangkok today.
The memorandums of understanding with Nauru and PNG, together with a designation of Nauru as a regional processing country, send a clear message that countries in this region will take the necessary action to ensure the integrity of their borders and undermine people smuggling networks.
The message to asylum seekers who are tempted to engage people smugglers is that if they travel irregularly to Australia by boat they will not have their claims assessed in Australia but in Nauru or Papua New Guinea. To reinforce the message that they should not undertake irregular and dangerous sea voyages, additional and safer regular avenues for migration are being made available through the region through an increased humanitarian program. The government is committed to increasing the humanitarian program to 20,000 places a year, with 12,000 of those being for refugees offshore. The government is also continuing to engage with the government of Papua New Guinea in relation to the establishment of a regional processing centre on Manus Island.
The only condition for the exercise of my power to designate a country as a regional processing country is that I think it is in the national interest to do so. I think that it is in the national interest to designate Nauru, as Nauru has provided the specified assurance required by the legislation. I also think it is in the national interest to designate Nauru as a regional processing country because it will discourage irregular and dangerous maritime voyages—thereby reducing the risk of loss of life at sea—promote a fair and orderly humanitarian program that retains the confidence of the Australian people and promote regional cooperation in relation to irregular migration and addressing people smuggling. The arrangements already in place in Nauru or to be put in place are satisfactory.
We are also continuing to work on implementing the Malaysia agreement. However, our immediate priority is to establish regional processing in Nauru and Papua New Guinea and to begin resettling more refugees from Indonesia and other countries in our region as part of our increased humanitarian program. The government has been in regular contact with Malaysia, which remains firmly committed to implementing the agreement. That communication will continue. In 2012-13 Australia will again resettle around 1,350 UNHCR mandated refugees from Malaysia. This meets the commitment provided under the arrangement with Malaysia entered into in July 2011.
The opposition has criticised us for not bringing these designation documents to parliament sooner. It has recorded that the Howard government had offshore processing in Nauru up and running in 19 days. Times have changed and so have expectations. The new legislation contemplates that there will be written agreements between Australia and any country to which persons are taken and requires me to consider whether those countries have given Australia certain assurances about what will happen to an asylum seeker who is taken to a regional processing country. This is an important requirement allowing transfers to be effected but not at any cost.
The government also sees that it is important for Nauru as a sovereign state to have input into the development of any arrangements, and it has been keen to do so. We are dealing with people seeking protection, and there is a need for fully considered arrangements to be put in place. By presenting the designation and accompanying documents in accordance with the legislation, we are providing the parliament with the opportunity to be satisfied that they are appropriate. Again, I call on both houses of parliament to approve this designation, to enable the first transfers of offshore entry persons to Nauru and to provide the circuit-breaker to irregular maritime arrivals called for by the expert panel's report.
~~Long debate text truncated.~~