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senate vote 2023-12-05#1
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mackay staff
on
2024-05-12 11:33:23
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Title
Motions — Albanese Government- Motions - Albanese Government - Let another vote take place
Description
<p class="speaker">Simon Birmingham</p><p>I seek leave to move a motion relating to the Albanese Labor government and its failure to keep Australians safe.</p><p>Leave not granted.</p><p>Pursuant to contingent notice of motion standing in my name, I move:</p><p class="italic">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.</p><p>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—</p> <p class="speaker">Sue Lines</p><p>Senator Cash!</p> <p class="speaker">Simon Birmingham</p><p>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.</p><p>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.</p><p>An opposition senator: That's right.</p><p>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—</p> <p class="speaker">Michaelia Cash</p><p>Contract killer!</p> <p class="speaker">Sue Lines</p><p>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.</p> <p class="speaker">Michaelia Cash</p><p>Go Birmo!</p><p>Opposition senators interjecting—</p> <p class="speaker">Simon Birmingham</p><p>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.</p><p>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.</p><p>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—</p><p>Opposition senators interjecting—</p> <p class="speaker">Sue Lines</p><p>Order! Senator Birmingham, please resume your seat. I expect silence. Senator Birmingham, please continue.</p> <p class="speaker">Simon Birmingham</p><p>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—</p><p>Honourable senators interjecting—</p> <p class="speaker">Sue Lines</p><p>Order across the chamber! Senator Birmingham, please resume your seat. Senator Hughes?</p> <p class="speaker">Hollie Hughes</p><p>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—</p> <p class="speaker">Sue Lines</p><p>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.</p> <p class="speaker">Tim Ayres</p><p>Amongst a blizzard of reflections, I'm happy for mine to be singled out—</p> <p class="speaker">Sue Lines</p><p>Senator Ayres, resume your seat! Senator Ayres, I'm going to ask you—</p> <p class="speaker">Michaelia Cash</p><p>You set the standard, you should follow it!</p> <p class="speaker">Sue Lines</p><p>Order! Senator Cash, you have constantly interjected. Senator Ayres, please just withdraw it, if you made a slur.</p> <p class="speaker">Tim Ayres</p><p>I withdraw.</p> <p class="speaker">Sue Lines</p><p>Thank you. Senator Urquhart?</p> <p class="speaker">Anne Urquhart</p><p>I would also ask Senator Hughes to withdraw the comment she made towards the senator.</p> <p class="speaker">Sue Lines</p><p>Thank you—</p> <p class="speaker">Hollie Hughes</p><p>I withdraw.</p> <p class="speaker">Sue Lines</p><p>Thank you, Senator Hughes. Senator Birmingham.</p> <p class="speaker">Simon Birmingham</p><p>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. <i>(Time expired)</i></p> <p class="speaker">Katy Gallagher</p><p>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.</p><p>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.</p><p>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—</p> <p class="speaker">Simon Birmingham</p><p>When's the House sitting, Katy?</p> <p class="speaker">Katy Gallagher</p><p>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—</p> <p class="speaker">Hollie Hughes</p><p>How outstanding was that advice! You didn't even have the legislation prepared.</p> <p class="speaker">Katy Gallagher</p><p>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.</p><p>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.</p><p>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.</p> <p class="speaker">Sue Lines</p><p>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.</p> <p class="speaker">Katy Gallagher</p><p>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—</p> <p class="speaker">Sue Lines</p><p>Minister Gallagher, please resume your seat. Senator Scarr?</p> <p class="speaker">Paul Scarr</p><p>A point of order: reflection on the absence of a member.</p> <p class="speaker">Sue Lines</p><p>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.</p> <p class="speaker">Katy Gallagher</p><p>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—</p> <p class="speaker">Simon Birmingham</p><p>When is the House next sitting, Katy?</p> <p class="speaker">Katy Gallagher</p><p>Well, the House of Reps is sitting—</p> <p class="speaker">Michaelia Cash</p><p>Bring it on.</p> <p class="speaker">Sue Lines</p><p>Order!</p> <p class="speaker">Katy Gallagher</p><p>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.</p><p>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.</p><p>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.</p> <p class="speaker">Nick McKim</p><p>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 <i>Tampa</i> arrived and that was politicised so utterly disgracefully by—</p> <p class="speaker">Opposition Senators</p><p>Opposition senators interjecting—</p> <p class="speaker">Sue Lines</p><p>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.</p> <p class="speaker">Nick McKim</p><p>As I was saying, we've all seen this story before. We've seen it time after time after time since the <i>Tampa</i> arrived and that was so disgracefully politicised by then Prime Minister Mr Howard.</p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>-
- The majority voted against a [motion](https://www.openaustralia.org.au/senate/?id=2023-12-05.5.2) introduced by South Australian Senator [Simon Birmingham](https://theyvoteforyou.org.au/people/senate/sa/simon_birmingham) (Liberal) to suspend the usual procedural rules - known as standing orders - to let another vote take place.
- ### Motion text
- > *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.*
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