Kelly O'Dwyer (Higgins, Liberal Party) Share this | Hansard source

While I speak in favour of this bill, a bill that contains sensible measures to target criminals who engage in the highly lucrative and illegal activity of people smuggling, it is important to note that this bill is an expression of the Rudd government’s failed policy on border protection, a failure to stop the illegal boat arrivals and to keep our borders secure. There is no question that new criminal offences for people who support people smuggling, as well as increased penalties for people smugglers, is a step in the right direction to deter human trafficking networks in the Middle East, Africa and elsewhere from their potentially deadly operations, just as there is no question that increasing the investigative capacity of Australian government agencies will equip them to better target, disrupt and prosecute such networks—a good thing. However, this bill does not go far enough. It does not address the substantive issue at the heart of what has become an ever-escalating problem, and that issue is the Rudd government’s softening of their border protection policy.

Prior to the 2007 election, Kevin Rudd promised to keep our borders secure. He said that he would turn back the illegal boats. In August 2008, far from sending the signal that Australia was closed to people smugglers and criminal networks, he made significant changes to our border protection scheme. These changes included the dismantling of temporary protection visas, the closure of offshore processing centres and, more recently, the establishment of special deals for certain illegal arrivals, such as those on Oceanic Viking. The Rudd government claimed that these changes made our border protection policy more humane and would not compromise the security of our borders. This was a false claim on both counts: first, because anything that encourages an increase in human trafficking cannot possibly be considered humane; and, second, because the security of our borders has been compromised.

I will start by talking to the first point. Those who run people-smuggling operations in places like Iraq, Afghanistan and parts of Africa, and closer to home, do not adhere to any moral imperatives; their only concern is to profit from the desperation of others. They do not have any concern for the welfare of their hapless clients. There are no occupational health and safety laws to concern them, there are no regulations and there are no consumer protection laws. They put desperate people on a boat, they get paid and whatever happens from then on is of no concern to them. This is as far from humanitarian practice as you can get. It is deceptive and potentially deadly. In fact, we know of a recent tragic case, in October of last year, where 105 Afghans set out from Indonesia and have not been heard of since. And then there are all of those stories that remain untold.

The second point is that you only need to look at the number of illegal arrivals since August 2008 to see just how much of a green light the Rudd government has given to people smugglers: at current count, 92 boats and more than 4,100 people have arrived illegally here in Australia. In 2010 alone, we have had 24 boats and almost 1,200 people arrive illegally in just 10 weeks. Since 2001, we have gone from an average under the coalition government of three illegal boat arrivals per year to two boats every week under the Rudd government. This is the highest rate on record.

Let us look at the coalition’s record. While illegal boat arrivals surged in 2000 and 2001, after the Tampa the coalition brought into effect strong border protection measures. It was the combination of these measures that sent a clear signal to people smugglers that Australia was not open for human trafficking. The results are a testament to the effectiveness of the policy, and it is worth reflecting on this. In 2002-03, there were no illegal boat arrivals. In 2003-04, there were three illegal boat arrivals and 82 people. In 2004-05, again there were no illegal boat arrivals. In 2005-06, there were eight illegal boat arrivals, 61 people. In 2006-07, there were four illegal boat arrivals, 133 people. In 2007-08, there were three illegal boat arrivals, 25 people. And then we see a change: in 2008-09, there were 24 illegal boat arrivals, 1,039 people. In 2009-10, there have so far been 92 illegal boat arrivals and over 4,100 people. This is a significant shift.

The Rudd government would like the Australian public to believe that this is a result of push factors, that international conflicts beyond their control have led to this increase. Yet the evidence does not support this. Only last week, the Office of the United Nations High Commissioner for Refugees reported that in Sri Lanka and Afghanistan—two countries repeatedly cited by the government as being most significantly affected by these push factors—the situation has significantly improved. Despite this, arrivals still increase.

Given the Rudd government’s justifications, given they say that it is due to push factors, it is curious indeed that asylum applications around the world today are 40 per cent lower than what they were when the coalition was confronting this issue 10 years ago. Despite all of the spin, there can be no doubt that pull factors have been a powerful force behind the dramatic escalation in illegal boat arrivals. People smugglers have heard the siren call. The Rudd government’s loosening of arrangements to allow people to settle permanently in Australia is a powerful incentive—one that sees people risk their lives on boats and pay up to $20,000 to people smugglers for the dangerous fare. The increased ability for illegal arrivals to gain permanent settlement is a product that sells itself and makes Australia a key target for criminal networks.

It is reported today in the papers that there are two more vessels on the way, with hundreds on board. Christmas Island has the capacity to hold 2,040 asylum seekers, but the facility cannot cope with the numbers that are arriving. Tents have had to be erected to cope with the numbers. But the Rudd government have got another plan. Today the Daily Telegraph exposed that plan. Their plan is to shift hundreds of asylum seekers to the mainland where they will be processed onshore at the Berrimah facility in Darwin. This will become a new holding centre. This is the start of onshore processing. This will mean that people smugglers will have an even more powerful product to sell. Far from decreasing the illegal boat arrivals, we will see the large number of arrivals sustained and potentially increase.

We must not ignore the terrible cost of people smuggling—both the financial cost and the human cost. Already we know that there has been a $132 million blow-out in the cost of processing illegal arrivals on Christmas Island this year. If these boat arrivals continue at the current rate, we estimate that the Australian taxpayer is looking at increased costs of around $300 million a year. That is over $1 billion of additional immigration costs over four years, including 2009-10. On average for each person who turns up on Christmas Island the Australian government spends around $80,000. It is clear that this problem is not only a humanitarian problem but an economic problem as well. Increased numbers means increased costs. Increased costs lead to further spending and budget blow-outs. The Rudd government, through their bungled Home Insulation Program with its $1 billion blow-out and now this latest blow-out in border protection, continue to demonstrate that they are absolute failures when it comes to strong economic management.

While on the matter of funding, it is unclear whether as a result of this bill the government will provide ASIO with further funding to deal with their increased responsibilities to target people smugglers. If no additional funding is available, we have to consider whether ASIO will be diverted from other important agency functions. I hope that during the course of the government speeches we will be enlightened on this point.

But let us not forget the human cost. While those opposite ascribe base motives to our strong view on this side of the chamber that it is critical to stop illegal boat arrivals, there is a very simple explanation. We do not like people risking their lives. We do not like enriching criminals. We do not want to outsource our refugee settlement program to people smugglers.

Globally, Australia has one of the strongest records when it comes to the settlement of refugees. In per capita terms, Australia ranks first for refugee resettlement. But, when you consider the statistics, less than one per cent of the world’s refugees will be granted permanent settlement in one of 16 countries, including Australia. That is why it is so important that we conduct the process in a fair and compassionate manner. There are many refugees who would love to come to this country. Some in refugee camps are now second and third generation refugees. They have waited patiently, unlike those who wear their humanitarian credentials on their sleeves. I do not understand how it is more humane to allow people smugglers to determine who gets processed for resettlement here in Australia ahead of the UNHCR in these camps. It is not defensible and it is another example of the Rudd government failing to take responsibility, failing to tackle the big issues. They are more concerned with spin than substance.

There is no question that we need to work constructively with our neighbours to tackle this issue. We welcome the announcement by the Indonesian President on his recent visit here to Australia that Indonesia is making people smuggling a criminal offence in Indonesia. But the reality is that, unless the Rudd government sends a clear signal to people smugglers, such actions, while worthy, will not stop the arrival of the boats. Through its failed border protection policy the Rudd government has given the people smugglers what they need to convince their customers that getting on a dilapidated and unseaworthy vessel and being stuck on the high seas is a worthwhile endeavour. Anything we can do to prevent this from occurring will be beneficial to both Australia and the people whose lives are spared from such a dangerous journey. These provisions are a small first step and long overdue.

Kevin Rudd must level with the Australian people. He broke his promise that he would turn back the boats. He must acknowledge that his policy changes have led to this surge in illegal boat arrivals. If he does not acknowledge the problem and does not fix it by sending a clear and unambiguous signal on border protection, the only winners will be the people smugglers—and that would be the real tragedy.

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