House debates
Thursday, 2 June 2011
Committees
Select Committee on Australia's Immigration Detention Network; Appointment
Debate resumed on the motion:
That:
(1) a Select Committee on the Crisis in Australia's Immigration Detention Network be appointed to inquire into and report on:
(a) the riots and disturbances in detention facilities on Christmas Island commencing 12 March 2011, and Villawood from 19 April 2011, in particular:
(i) the nature and circumstances of these events;
(ii) the nature and adequacy of the response of Commonwealth agencies to the events;
(iii) any warning, briefings or advice that had been provided to the Government by agencies and individuals in the lead up to, during and after the events and the nature and adequacy of the response to such information;
(iv) the adequacy of security protocols, procedures and resources to mitigate the escalation of tension and conflict in the detention network;
(v) the extent and cost of the damage to facilities as a result of the events; and
(vi) any other matter deemed relevant by the Committee to understand why these events occurred;
(b) the performance and management of Commonwealth agencies and/or their agents or contractors in discharging their responsibilities associated with the interception, detention and processing of irregular maritime arrivals or other persons;
(c) the resources, support and training for employees of Commonwealth agencies and/or their agents or contractors in performing their duties;
(d) the health, safety and wellbeing of employees of Commonwealth agencies and/or their agents or contractors in performing their duties relating to the interception, detention and processing of irregular maritime arrivals or other persons;
(e) the health, safety and wellbeing of asylum seekers and other persons, including specifically children, detained within the detention network;
(f) the level, adequacy and effectiveness of reporting incidents and the response to incidents within the immigration detention network, including relevant policies, procedures, authorities and protocols;
(g) compliance with the Government's immigration detention values within the detention network;
(h) any issues relating to interaction with States and Territories regarding the interception, detention and processing of irregular maritime arrivals or other persons;
(i) the management of good order and public order with respect to the immigration detention network;
(j) the impact of length of detention on and the appropriateness of facilities and services provided for detainees, including asylum seekers within the detention network;
(k) the total costs of managing and maintaining the immigration detention network and processing irregular maritime arrivals or other detainees;
(l) the expansion of the immigration detention network, including the cost and process adopted to establish new facilities;
(m) the length of time detainees have been held in the detention network, the reasons for their length of stay and the impact on the detention network;
(n) processes for assessment of protection claims made by irregular maritime arrivals and other persons and the impact on the detention network;
(o) the management and impact of detention on children and families, and viable alternatives;
(p) the cost, effectiveness and long term viability of outsourcing immigration detention centre contracts to provide providers and the policy alternatives;
(q) the impact, effectiveness and cost of existing and prospective Government policies, including mandatory detention and any alternatives, including community release, with respect to irregular maritime arrivals and other persons detained within the detention network;
(r) any reforms needed to the current immigration detention network in Australia; and
(s) any other matters relevant to the above terms of reference;
(2) the committee consist of 7 members, 3 Members to be nominated by the Government Whip or Whips, 3 Members to be nominated by the Opposition Whip or Whips, and 1 non-aligned member;
(3) the committee may supplement its membership by up to four members, with a maximum of two extra government and two extra opposition or non-aligned members— supplementary members shall have the same participatory rights as other members, but may not vote;
(4) every nomination of a member of the committee be notified in writing to the Speaker of the House of Representatives;
(5) the members of the committee hold office as a select committee until presentation of the committee's report or the House of Representatives is dissolved or expires by effluxion of time, whichever is the earlier;
(6) the committee elect a government or a non-government member as chair at its first meeting;
(7) the committee elect a member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting;
(8) in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote;
(9) 3 members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include 1 Government member and 1 non-Government member;
(10) the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine;
(11) the committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting;
(12) 2 members of a subcommittee constitute the quorum of that subcommittee;
(13) members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum;
(14) the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced;
(15) the committee or any subcommittee may conduct proceedings at any place it sees fit;
(16) the committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the House of Representatives;
(17) the committee may report from time to time but that it present its final report no later than 7 October 2011; and
(18) the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
10:22 am
Adam Bandt (Melbourne, Australian Greens) Share this | Link to this | Hansard source
I move:
That all words after 'that' be omitted with a view to substituting the following words:
(1) a Joint Select Committee on Australia's Immigration Detention Network be appointed to inquire into and report on:
(a) any reforms needed to the current Immigration Detention Network in Australia;
(b) the impact of length of detention and the appropriateness of facilities and services for asylum seekers;
(c) the resources, support and training for employees of Commonwealth agencies and/or their agents or contractors in performing their duties;
(d) the health, safety and wellbeing of asylum seekers, including specifically children, detained within the detention network;
(e) impact of detention on children and families, and viable alternatives;
(f) the effectiveness and long-term viability of outsourcing immigration detention centre contracts to private providers;
(g) the impact, effectiveness and cost of mandatory detention and any alternatives, including community release; and
(h) any other matters relevant to the above terms of reference;
(2) the committee consist of 11 members, 2 Members to be nominated by the Government Whip or Whips, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Members to be nominated by the Opposition Whip or Whips, 2 Senators nominated by the Leader of the Opposition in the Senate, 1 Member and 1 Senator nominated by the Australian Greens Whip, and 1 non-aligned member;
(3) participating members may be appointed to the committee. Participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of a member of the committee, but may not vote on any questions before the committee;
(4) every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives;
(5) the members of the committee hold office as a joint select committee until the House of Representatives is dissolved or expires by effluxion of time, whichever is the earlier;
(6) the committee shall elect a chair and deputy chair;
(7) the deputy chair shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting;
(8) in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote;
(9) 3 members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House;
(10) the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine;
(11) the committee appoint the chair of each subcommittee who shall have a casting vote only;
(12) at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting;
(13) 2 members of a subcommittee constitute the quorum of that subcommittee;
(14) members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum;
(15) the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced;
(16) the committee or any subcommittee may conduct proceedings at any place it sees fit;
(17) the committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the House of Representatives and the Senate;
(18) the committee may report to both Houses of Parliament from time to time and that it present its final report no later than 7 October 2011;
(19) the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders;
(20) a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly
There are two reasons for my amendment. The first is that we need a broad inquiry into the state of detention in Australia, and that needs to be an inquiry that focuses on the causes, not just the symptoms. To focus only on the riots would be to focus on the symptoms, where people who have been locked up indefinitely for a long period of time are expressing their frustration. What we need to examine is why it is that mandatory detention has failed. Secondly, it ought to be a joint committee. The terms of the amendment I have moved allow for participation of senators as well. It is my strong hope that a real inquiry into mandatory detention in Australia, participated in by members of both houses of parliament, might start to put Australia on the path to a more humane immigration future.
Robert Oakeshott (Lyne, Independent) Share this | Link to this | Hansard source
I second the amendment.
Harry Jenkins (Speaker) Share this | Link to this | Hansard source
The question is that the amendment moved by the member for Melbourne be agreed to.
10:24 am
Chris Bowen (McMahon, Australian Labor Party, Minister for Immigration and Citizenship) Share this | Link to this | Hansard source
We support this amendment. This is a government which is more than happy to have transparency when it comes to our immigration policy. That is why we have answered 800 questions on notice from the Senate estimates process—more than any other portfolio. That is why we have instigated inquiries into disturbances in our detention centres.
Chris Bowen (McMahon, Australian Labor Party, Minister for Immigration and Citizenship) Share this | Link to this | Hansard source
We are happy to have a proper inquiry into the detention network, not the sort of witch-hunt and political point-scoring exercise the opposition has not been able to get up through this process. We will support this amendment and support the amended motion.
10:25 am
Scott Morrison (Cook, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source
The opposition will also be supporting this amendment, and I flag that a further amendment will be made to the amended motion. This is an important inquiry and we look forward to the support of the House and the support of the other place.
Question agreed to.
Harry Jenkins (Speaker) Share this | Link to this | Hansard source
The question now is that the motion as amended be agreed to.
Scott Morrison (Cook, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source
I move an amendment to the motion:
That the following words be inserted after point (g) after the word 'and':
(h) the reasons for and nature of riots and disturbances in detention facilities;
(i) the performance and management of Commonwealth agencies and/or their agents or contractors in discharging their responsibilities associated with the detention and processing of irregular maritime arrivals or other persons;
(j) the health, safety and wellbeing of employees of Commonwealth agencies and/or their agents or contractors in performing their duties relating to irregular maritime arrivals or other persons detained in the network;
(k) the level, adequacy and effectiveness of reporting incidents and the response to incidents within the immigration detention network, including relevant policies, procedures, authorities and protocols;
(l) compliance with the Government's immigration detention values within the detention network;
(m) any issues relating to interaction with States and Territories regarding the detention and processing of irregular maritime arrivals or other persons;
(n) the management of good order and public order with respect to the immigration detention network;
(o) the total costs of managing and maintaining the immigration detention network and processing irregular maritime arrivals or other detainees;
(p) the expansion of the immigration detention network, including the cost and process adopted to establish new facilities;
(q) the length of time detainees have been held in the detention network, the reasons for their length of stay and the impact on the detention network;
(r) processes for assessment of protection claims made by irregular maritime arrivals and other persons and the impact on the detention network; and,
And insert the words at point 6 after the word 'elect', the words 'a Government chair'.
We seek this further amendment to the motion to ensure that it includes the full breadth of all the matters that need to be addressed as part of this very important inquiry, an inquiry that just a week or so ago the minister liked to call a stunt but I understand today will now support. I appreciate the support of the crossbenchers and I appreciate the support of the Greens in the productive discussions we have had, because this is a detention system in which there is an average of more than three critical incidents occurring in a detention network every single day. I think it is important that this House has not sought to muzzle those who want to ask questions about this matter. I know the crossbenchers want to ask questions, I know the Greens want to ask serious questions and the opposition certainly wants to ask serious questions. I look forward to this motion also being supported in the other place, which will enable these matters to be addressed by both houses of this parliament in what has become a rolling crisis in our detention network under this government.
Christopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | Link to this | Hansard source
I second the amendment.
Harry Jenkins (Speaker) Share this | Link to this | Hansard source
The question before us is that the motion as amended be agreed to. To this the honourable member for Cook has moved an amendment. The question now is that the amendment moved by the member for Cook be agreed to.
Question agreed to.
The question now is that the amended motion, as amended, be agreed to.
Question agreed to.
Original question, as amended, agreed to.