Stuart Robert (Fadden, Liberal Party, Shadow Minister for Defence Science, Technology and Personnel) Share this | Hansard source

I am pleased to rise to make some comments on the Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010. I am aware, of course, that the provisions of this bill were referred to the Senate Foreign Affairs, Defence and Trade Legislation Committee as recently as October this year for inquiry and report, with the report due to come through in the autumn period of 2011. According to the Selection of Bills Committee, the bill may be inconsistent with the recommendations made by the Joint Standing Committee on Treaties when it reviewed the convention in the 42nd Parliament. The proposal to refer the bill to the committee was then signed by Senator Rachel Siewert.

This is a significant issue with respect to our international obligations. The bill includes the legislative measures necessary to give effect to the Convention on Cluster Munitions. We were one of the first countries to sign the convention on 3 December 2008. It is an important convention; there is no question about that. We certainly took an active role in negotiating the convention. I think we all agree that the long- and short-term impacts of using cluster munitions, especially in population-centric areas, can have devastating effects on the community. We have all seen representations and images of either artillery-launched or air-launched cluster munitions and what they can do if five to 10 per cent of those small bomb munitions do not explode. We all understand the cost this has on civilian life, especially on the children who come into contact with a cluster munition. However, it is important to ensure that we explore all areas of the bill and that, if indeed there are defence concerns, we address those concerns appropriately and sensitively, cognisant of the use of these munitions in relation to our armed forces and allies. At present, we have almost 3,000 combat troops, men and women, deployed overseas.

Whilst the bill will enjoy the support of the coalition in the House, we have reserved and will continue to reserve our right to amend the bill in the Senate, subject to any of the findings of the Senate inquiry that may have an impact on our defence posture or, indeed, our defence capabilities going forward. I will certainly keep my comments brief in that respect. We will wait on the report from the Senate inquiry. On the surface, the bill does not appear to raise any major concerns; hence, it will pass through the House with the concurrence and support of the coalition. But I do reiterate that we will reserve our right to amend the bill in the Senate should any untoward consequences arise from a view to go forward with the treaty.

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