Simon Crean (Hotham, Australian Labor Party, Shadow Minister for Trade and Regional Development) Share this | Hansard source

The Quarantine Amendment (Commission of Inquiry) Bill 2007 is an important piece of legislation. Essentially, it makes provision for an inquiry into the devastating outbreak of equine influenza that is currently having such a huge impact on every aspect of horse related activity, particularly in New South Wales and Queensland. We have been exposed to pictures and images of that devastation—deserted racetracks and reports of threats to the Spring Carnival—but the impact does not go just to the horseracing industry. Our $1 billion equestrian industry has also been affected. This industry has 70,000 horses registered nationally, including our Olympic team horses, a third of whom are now in quarantine. We cannot forget the thousands of recreational riders who are now unable to take part in their favourite leisure activities, including many children who look forward to the pony club at the weekend.

In terms of the economic impact, though, it is the racing industry that is bearing the greatest burden. This is a big industry in this nation. It provides a livelihood for many thousands of Australians. According to the Australian Racing Board, this industry was projected, before the equine influenza outbreak, to have a direct economic impact of $41 billion on the Australian economy over the next five years.

The industry contributes approximately $1.6 billion to federal and state coffers each year. It provides 77,000 full-time equivalent jobs; including over 1,200 jockeys, 1,000 veterinarians and 750 farriers. Over 50 per cent of those jobs are in the states worst affected by the influenza outbreak, New South Wales and Queensland: close to 25,000 jobs in New South Wales and almost 16,000 jobs in Queensland.

Horses provide a livelihood to many Australians and are an important part of the recreational activities of many more. So it is little wonder that the news of 25 August 2007 that a case of equine influenza had been confirmed at the Eastern Creek quarantine facility rang alarm bells among horse lovers, horse owners and everyone employed in the industry. It is a serious disease and in worst cases can result in the death of horses. In fact, the first reported death occurred only last week.

The outbreak initially resulted in a national lockdown of all horse movements and the lockdown continues in both New South Wales and Queensland. The Australian public and especially the horse fraternity need to know, in fact deserve to know, exactly how this disease entered the country and how it spread. We need to know how Australia’s quarantine barriers were breached. We need to know what changes, if any, need to be made to our quarantine arrangements to ensure that it does not happen again.

Labor believes that a truly comprehensive inquiry is needed to determine exactly how this disease came into the country and if any person or agency has failed in their duty under the existing laws. We also need clear recommendations for the future to ensure that our quarantine arrangements are world’s best practice in keeping Australia free of exotic diseases such as equine influenza. Labor support the general thrust of this piece of legislation but we believe it can be improved. At the end of the second reading, I will be moving amendments to the bill that will ensure that we get the truly comprehensive inquiry that is much needed. We will also be ensuring that when the commissioner completes his report it is tabled in this parliament.

If Labor’s amendments are successful, any interested Australian will be able to read the report and the parliament will be able to develop a response. I note that the minister has said that he supports an open process and a comprehensive inquiry. Through the amendments that we propose, Labor will be giving the minister an opportunity to show all horse owners and horse lovers that he really means it. So I invite the minister and those opposite to show that, in this case, they demonstrate real support for openness in government by supporting our amendments.

Unfortunately, the government’s past record gives us no confidence that it is really committed to a transparent and comprehensive inquiry. We need look no further than the inquiry set up by the Prime Minister for the wheat for weapons scandal. Right from the start, in that case, the government was determined to erect a firewall between itself and any fallout from the inquiry in relation to implications for government ministers. It cleverly constructed the terms of reference to effectively constrain Commissioner Cole from delving too deeply into the role of ministers in that scandal. When it came to apportioning the blame, the finger was pointed at certain AWB employees and a number of bureaucratic failings. It was not allowed to look at how the government ignored countless indications that there was a problem.

I am not suggesting for one moment that the agriculture minister or his colleagues are directly to blame for the entry of equine influenza into Australia. What I am saying is that the commission should not be constrained in any way from following the trail of evidence—wherever it leads. That is why I was more than a little disturbed to read the words ‘all or any of’ in clause 66AY(1)(a) of the bill. These are the words that in effect give guidance to how the terms of reference will be constructed. The words ‘all or any of’ appear above the three listed matters. We are backed up on this by the Parliamentary Library, which advises that the effect of these words would be to allow considerable flexibility in the drafting of the terms of reference. I might have done the Parliamentary Library some disservice in saying that, but we certainly have advice to the effect that the words would allow considerable flexibility in the construct of the terms of reference. I hope that the minister is able to answer on this point, but we simply go on the past performance of this government. You can be sure that it will use every possible piece of wriggle room available to squirm its way around potentially difficult situations, particularly if it is implicated. The amendments that we are proposing will tighten up the legislation and leave less wriggle room for a government that intends to avoid the finger of blame, should the evidence point in that direction.

The first matter for consideration in 66AY(1)(a) simply talks about the outbreak of equine influenza. We believe the terms of reference should contain outbreak and spread, because it should not be confined to simply what has happened at Eastern Creek and how the disease got there. We believe the spread of the disease should also apply to the second matter: quarantine requirements and practices relating to the outbreak.

We are told by the Parliamentary Library—and on this occasion I do report it—that nothing in the legislation would actually require the minister to table the report once he receives it. Given this government’s obsession with secrecy, with its terrible record on accountability in this place when it comes to covering up its mistakes, we have no confidence that the report will ever be released. How many times has the government refused to release something that it has commissioned an inquiry into? We want to make sure that in this case transparency is available. An amendment I will propose later will require the minister to table the commission’s report in this parliament within five days of it being handed to him. We do not want a cover-up. We do not want selective parts of the report released. We want the whole document on the table and the ability for the parliament to consider it. If those opposite really believe in transparent government and accountability for their actions, I would urge them to support the amendments that I will move at the appropriate time.

I also note in passing that this bill is being done as an amendment to the Quarantine Act and not as a separate piece of legislation simply establishing the commission of inquiry. The minister argues that the inquiry is being set up under the Quarantine Act because it will make it easier to provide the commission with better access to assistance from quarantine officers and to records held by AQIS. The minister says that by using this process the commissioner will be able to build on investigative work already being done by quarantine authorities and will not have to start from scratch. We have not been able, in the time constraints around which we have to debate this bill—after all, we only saw it yesterday, and we are expected to debate it today—

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