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senate vote 2023-11-16#3

Edited by mackay staff

on 2024-06-23 11:50:25

Title

  • Committees Selection of Bills Committee; Report
  • Committees - Selection of Bills Committee; Report - Childhood Gender Transition Prohibition Bill 2023

Description

  • <p class="speaker">Anne Urquhart</p>
  • <p>I present the 14th report of 2023 of the Selection of Bills Committee. I seek leave to have the report incorporated in <i>Hansard</i>.</p>
  • The majority voted in favour of the following [amendment](https://www.openaustralia.org.au/senate/?gid=2023-11-16.32.1):
  • > *At the end of the motion, add:*
  • >
  • > *"and the [Childhood Gender Transition Prohibition Bill 2023](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s1397) not be referred to a committee".*
  • This amendment was introduced by Tasmanian Senator [Nick McKim](https://theyvoteforyou.org.au/people/senate/tasmania/nick_mckim) (Greens), who [explained that](https://www.openaustralia.org.au/senate/?gid=2023-11-16.32.9):
  • > *Trans folks in our community put up with an awful lot. They are attacked on a daily basis. They are attacked for who they are as humans. Their very existence as people is called into doubt by extremist fascists who are transphobes. The amount of rubbish that you see just on social media, on an unprotected platform, is appalling. We are not going to facilitate providing parliamentary privilege to those kinds of people. Trans rights are human rights.*
  • <p>Leave granted.</p>
  • <p class="italic"> <i>The report read as follows&#8212;</i></p>
  • <p class="italic">SELECTION OF BILLS COMMITTEE</p>
  • <p class="italic">REPORT NO. 14 OF 2023</p>
  • <p class="italic"> <i>16 November 2023</i></p>
  • <p class="italic">MEMBERS OF THE COMMITTEE</p>
  • <p class="italic">Senator Anne Urquhart (Government Whip, Chair)</p>
  • <p class="italic">Senator Wendy Askew (Opposition Whip)</p>
  • <p class="italic">Senator Ross Cadell (The Nationals Whip)</p>
  • <p class="italic">Senator Pauline Hanson (Pauline Hanson's One Nation Whip)</p>
  • <p class="italic">Senator Nick McKim (Australian Greens Whip)</p>
  • <p class="italic">Senator Ralph Babet</p>
  • <p class="italic">Senator the Hon. Anthony Chisholm Senator the Hon. Katy Gallagher Senator Matt O'Sullivan</p>
  • <p class="italic">Senator David Pocock Senator Paul Scarr Senator Lidia Thorpe Senator Tammy Tyrrell Senator David Van</p>
  • <p class="italic">Secretary: Tim Bryant 02 6277 3020</p>
  • <p class="italic">1. The committee met in private session on Wednesday, 15 November 2023 at 7.08 pm</p>
  • <p class="italic">2. The committee recommends that&#8212;</p>
  • <p class="italic">(a) the <i>provisions </i>of the Primary Industries (Excise) Levies Bill 2023, the Primary Industries (Customs) Charges Bill 2023, the Primary Industries (Services) Levies Bill 2023, the Primary Industries Levies and Charges Collection Bill 2023, the Primary Industries Levies and Charges Disbursement Bill 2023, and the Primary Industries (Consequential Amendments and Transitional Provisions) Bill 2023 be <i>referred immediately </i>to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 5 February 2024 (see appendix 1 for statements of reasons for referral); and</p>
  • <p class="italic">(b) contingent upon introduction in the House of Representatives, the <i>provisions </i>of the Australian Naval Nuclear Power Safety Bill 2023 and the Australian Naval Nuclear Power Safety (Transitional Provisions) Bill 2023 be <i>referred immediately </i>to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 26 April 2024 (see appendix 2 for statements of reasons for referral).</p>
  • <p class="italic">3. The committee recommends that the following bill <i>not </i>be referred to committees:</p>
  • <ul></ul><p class="italic">4. The committee deferred consideration of the following bills to its next meeting:</p>
  • <ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><p class="italic">5. The committee considered the following bill but was unable to reach agreement:</p>
  • <ul></ul><p class="italic">(Anne Urquhart)</p>
  • <p class="italic">Chair</p>
  • <p class="italic">16 November 2023</p>
  • <p class="italic">Appendix 1</p>
  • <p class="italic">SELECTION OF BILLS COMMITTEE</p>
  • <p class="italic">Proposal to refer a bill to a committee</p>
  • <p class="italic">Name of bill:</p>
  • <p class="italic">Primary Industries (Excise) Levies Bill 2023 Primary Industries (Customs) Charges Bill 2023</p>
  • <p class="italic">Primary Industries (Services) Levies Bill 2023</p>
  • <p class="italic">Primary Industries Levies and Charges Collection Bill 2023</p>
  • <p class="italic">Primary Industries Levies and Charges Disbursement Bill 2023</p>
  • <p class="italic">Primary Industries (Consequential Amendments and Transitional Provisions) Bill 2023</p>
  • <p class="italic">Reasons for referral/principal issues for consideration:</p>
  • <p class="italic">To further scrutinise and understand the matters raised within the proposed pieces of legislation.</p>
  • <p class="italic">Possible submissions or evidence from:</p>
  • <p class="italic">Stakeholders including the Agriculture industry and other interested parties.</p>
  • <p class="italic">Committee to which bill is to be referred:</p>
  • <p class="italic">Rural and Regional Affairs and Transport Legislation Committee</p>
  • <p class="italic">Possible hearing date(s):</p>
  • <p class="italic">December 2023&#8212;February 2024</p>
  • <p class="italic">Possible reporting date:</p>
  • <p class="italic">5 February 2024</p>
  • <p class="italic">(signed)</p>
  • <p class="italic">Print name: Wendy Askew</p>
  • <p class="italic">SELECTION OF BILLS COMMITTEE</p>
  • <p class="italic">Proposal to refer a bill to a committee</p>
  • <p class="italic">Name of bill:</p>
  • <p class="italic">Primary Industries (Excise) Levies Bill 2023 (and associated Bills)</p>
  • <p class="italic">Reasons for referra1/prindpal issues for consideration:</p>
  • <p class="italic">Scrutiny of specific provisions</p>
  • <p class="italic">Possible submissions or evidence from:</p>
  • <p class="italic">Department</p>
  • <p class="italic">Primary industry stakeholders Biosecurity stakeholders and experts</p>
  • <p class="italic">Primary industry research and development stakeholders</p>
  • <p class="italic">Committee to which bill is to be referred:</p>
  • <p class="italic">Rural and Regional Affairs and Transport Legislation Committee</p>
  • <p class="italic">Possible hearing date(s):</p>
  • <p class="italic">Late January (if needed) Possible reporting date: 5 February</p>
  • <p class="italic">(signed)·</p>
  • <p class="italic">Nick McKim</p>
  • <p class="italic">Appendix 2</p>
  • <p class="italic">SELECTION OF BILLS COMMITTEE</p>
  • <p class="italic">Proposal to refer a bill to a committee</p>
  • <p class="italic">Name of bill:</p>
  • <p class="italic">Australian Naval Nuclear Power Safety Bill 2023</p>
  • <p class="italic">Australian Naval Nuclear Power Safety (Transitional Provisions) Bill 2023</p>
  • <p class="italic">Reasons for referral/principal issues for consideration:</p>
  • <p class="italic">To understand and scrutinize the Bill further.</p>
  • <p class="italic">Possible submissions or evidence from:</p>
  • <p class="italic">Various stakeholders</p>
  • <p class="italic">Committee to which bill is to be referred:</p>
  • <p class="italic">Foreign Affairs, Defence and Trade Legislation Committee</p>
  • <p class="italic">Possible hearing date(s):</p>
  • <p class="italic">January 2024</p>
  • <p class="italic">Possible reporting date:</p>
  • <p class="italic">26 April 2024</p>
  • <p class="italic">(signed)</p>
  • <p class="italic">Wendy Askew</p>
  • <p class="italic">SELECTION OF BILLS COMMITTEE</p>
  • <p class="italic">Proposal to refer a bill to a committee</p>
  • <p class="italic">Name of bill:</p>
  • <p class="italic">Australian Naval Nuclear Power Safety Bill 2023</p>
  • <p class="italic">Australian Naval Nuclear Power Safety (Transitional Provisions) Bill 2023</p>
  • <p class="italic">Reasons for referral/principal issues for consideration:</p>
  • <ul></ul><ul><i>Australian Naval Nuclear Power Safety Bill 2023 </i></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><p class="italic">Possible submissions or evidence from:</p>
  • <p class="italic">Defence, the Australian Submarine Agency; current regulators (particularly ARPANSA); Australian Shipbuilding Federation of Unions; DFAT; ANSTO.</p>
  • <p class="italic">Committee to which bill is to be referred:</p>
  • <p class="italic">Senate Standing Committee on Foreign Affairs Defence and Trade Legislation Committee</p>
  • <p class="italic">Possible hearing date(s):</p>
  • <p class="italic">Possible reporting date:</p>
  • <p class="italic">26 April 2024</p>
  • <p class="italic">(signed)</p>
  • <p class="italic">A.E. Urquhart:</p>
  • <p>I move:</p>
  • <p class="italic">That the report be adopted.</p>
  • <p class="speaker">Alex Antic</p>
  • <p>I move:</p>
  • <p class="italic">At the end of the motion, add:</p>
  • <p class="italic">"and, in respect of the Childhood Gender Transition Prohibition Bill 2023, the bill be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 31 May 2024".</p>
  • <p class="speaker">Nick McKim</p>
  • <p>I move:</p>
  • <p class="italic">At the end of the motion, add:</p>
  • <p class="italic">"and the Childhood Gender Transition Prohibition Bill 2023 not be referred to a committee".</p>
  • <p>The Australian Greens are not going to have a bar of the opposition setting up a committee inquiry that will provide a bunch of transphobes with a platform, under parliamentary privilege, to attack transgender people. We are not going to have a bar of transgender kids and transgender folks being attacked by a bunch of right-wing transphobes. That is exactly what Senator Antic, and I'm sure Senator Roberts&#8212;</p>
  • <p class="speaker">Sue Lines</p>
  • <p>Senator McKim, please resume your seat. Senator Roberts, on a point of order?</p>
  • <p class="speaker">Malcolm Roberts</p>
  • <p>On a point of order: those remarks from Senator McKim are inappropriate under standing order 193, particularly in regard to him making a personal reflection.</p>
  • <p class="speaker">Sue Lines</p>
  • <p>Senator Roberts, there wasn't a personal reflection, but I am going to ask that Senator McKim be considerate of his language, because it was sailing close to the wind.</p>
  • <p class="speaker">Nick McKim</p>
  • <p>Trans folks in our community put up with an awful lot. They are attacked on a daily basis. They are attacked for who they are as humans. Their very existence as people is called into doubt by extremist fascists who are transphobes. The amount of rubbish that you see just on social media, on an unprotected platform, is appalling. We are not going to facilitate providing parliamentary privilege to those kinds of people. Trans rights are human rights.</p>
  • <p class="speaker">Sue Lines</p>
  • <p>Senator McKim, please resume your seat. Senator O'Sullivan on a point of order?</p>
  • <p class="speaker">Matt O&#39;Sullivan</p>
  • <p>Yes. It is very clear from that last comment who Senator McKim is referring to. Therefore I ask that you ask him to withdraw.</p>
  • <p class="speaker">Sue Lines</p>
  • <p>Senator O'Sullivan, it is not clear. I will ask Senator McKim if he wishes to clarify.</p>
  • <p class="speaker">Nick McKim</p>
  • <p>Well, if the hat fits, Senator O'Sullivan can put it on if he wants to.</p>
  • <p class="speaker">Sue Lines</p>
  • <p>Senator McKim, resume your seat. I ask that this debate be respectful. That is not respectful, and I would ask you to withdraw that comment.</p>
  • <p class="speaker">Nick McKim</p>
  • <p>I withdraw that comment. I will clarify my comments: I'm aiming my comments at transphobes; that's who I'm aiming them at. I'm making the point that trans rights are human rights. Trans men are men, and trans women are women. That is the position of the Australian Greens. We will fight for that position on every front that is opened to us, at every opportunity that is provided to us to do that. We will ensure that we do everything we can to protect trans people from the vicious, disgraceful acts they are subjected to every day, and that includes by doing everything we can to make sure that this bill is not referred to a committee which will provide parliamentary privilege to the very transphobes we are talking about.</p>
  • <p class="speaker">Malcolm Roberts</p>
  • <p>():&#160;&#160;I speak in support of Senator Antic's amendment. The Senate has portfolio committees to inquire into legislation for a good reason. Every committee is, from time to time, asked to inquire into a bill that raises issues of significance, as this bill does. The conventions and procedures of a committee inquiry are well suited to handing controversial issues such as this. Such inquiries are conducted all the time, because they're essential to the legislative process. The Senate is open to denying a bill due process, so the question must be asked, why? What is it about this issue that has the Greens on the rampage, the ALP in hiding and the globalist wing of the Liberals rushing to cross the floor to avoid talking about it.</p>
  • <p>Childhood gender surgery, whether physical or chemical, is not an insignificant matter. It is life changing, often life ending and irreversible. When young gender transitioners realise that it is irreversible and they regret their decision, that can often lead to them choosing suicide, to end their life. Billions of dollars of taxpayer money is involved. More importantly, the lives and health of tens of thousands of Australian children are at risk. There's no room to vote this matter on feelings or fear. We need to get the facts. Gendered identity surgery on children relates to their physical health and to life itself.</p>
  • <p>I appreciate that there are those even on the conservative side who refuse to question childhood gender surgery. That's their right. Australians are increasingly asking why there is a cover up. Who are you protecting? I have received representatives from constituents from many different states approaching this issue from many different perspectives. Whenever One Nation has brought these perspectives to this place we have been shut down. That is not democracy. That is not the exercise of Senate powers without fear or favour; it is the complete opposite. It is control and shutting down. It is censorship. I have promised my constituents I will bring their perspectives to this place, and I will never take a step back from doing that fairly and honestly.</p>
  • <p>The public have turned against causing chemical and physical mutilation and harm to children in the name of gender identity. The Senate will have to deal with this issue in the near future, so let us do it now. Let us get on with the job. Send this bill to a committee and let Australia contribute to the debate. Let parents have their say. Let victims of childhood transition have their say. And, yes, let trans people have their say. I point out, that all that is done by this bill that I co-sponsor with Senator Antic and Senator Babet is found mainly in section 8. It prohibits doctors prescribing surgery or puberty blockers to people under the age of 18. That's all it does. A health practitioner&#8212;</p>
  • <p class="speaker">Sue Lines</p>
  • <p>Senator McKim on a point of order?</p>
  • <p class="speaker">Nick McKim</p>
  • <p>The point of order is relevance. The question before the chamber does not go to the substance of the bill. It goes to whether or not the bill should be referred to a committee. I ask that Senator Roberts be relevant to the question.</p>
  • <p class="speaker">Sue Lines</p>
  • <p>Senator McKim, these are broad-ranging discussions. Senator Roberts is being absolutely on point to the amendments before the chamber.</p>
  • <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>