25th Nov 2011 – Senate Bills — Human Rights (Parliamentary Scrutiny) Bill 2010, Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Bill 2010; Second Reading

This division relates to an amendment moved by the Shadow Attorney General George Brandis during the debate on the Human Rights ( Parliamentary Scrutiny) Bill and the Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Bill. The amendment if passed would have narrowed the definition of human rights by eliminating the inclusion of the provisions of International convenants from the bill unless they could be demonstrated to have already been applied in Australian domestic law. In putting the amendment, Brandis stated that the Coalition would only support the bills if its amendment was passed. The Coalition also opposed the requirements for parliamentary committees considering bills to include a compatibility statement with reports on bills

Background.

The bills implemented legislative elements of Australia’s Human Rights Framework announced by the Labor government in April 2010. The Human Rights Framework outlines a range of measures to further protect and promote human rights in Australia. It reflects the key recommendations of the National Human Rights Consultation Committee which followed a public consultation conducted by Father Frank Brennan. The bill established a Joint Parliamentary Committee which has the functions of examining Acts, bills for Acts and other legislative instruments for compatibility with Australia’s human rights obligations. It reports to both Houses of Parliament and can inquire into, and report to Parliament, on matters relating to human rights referred to it by the Attorney-General. The bill also introduces a requirement for statements of compatibility to be prepared for all bills. A statement of compatibility must assess whether the bill or legislative instrument is compatible with the human rights in the seven core United Nations treaties including the International Covenant for Civil and Political Rights. Following the debate on their amendment, the Coalition opposed the bills that were carried in the Senate on the voices with the support of Labor and the Greens.