Tony Abbott (Warringah, Liberal Party, Leader of the Opposition) Share this | Link to this | Hansard source

My question is to the Prime Minister and it follows up on my previous question. Can the Prime Minister confirm that never before in Australia's parliamentary history have both houses of this parliament condemned a government policy, and can she confirm that the government now intends to defy the express will of both houses of this parliament?

Julia Gillard (Lalor, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

I did not bring every Australian history book with me to parliament but what I can say to the Leader of the Opposition is that yes—and I would have assumed he also noted this—I can confirm that since the election last year the government have been functioning in a circumstance of minority government. In the circumstances where we function in the House of Representatives as a minority government, I view it as likely from time to time that motions will be carried by the House of Representatives expressing a view about issues. That is appropriate for parliamentarians to do and they will do it. But anybody who knows anything about the Westminster system and the way in which government works in this country also knows that it falls to executive government to make important policy choices and decisions on behalf of the nation—and I have.

I have made an important policy decision on behalf of the nation. That policy decision is that we should do everything we can to break the people smugglers' business model. We can best do that—indeed, we can truly only do that—by working for a regional solution with countries in our region. We are doing so. We did that through the Bali framework earlier this year. Now under the auspices of that framework we are in advanced negotiations with Malaysia about a transfer agreement which would send the hardest possible message we can to people smugglers and asylum seekers to not get on a boat. I am determined to send the toughest message we can that people should not get on boats. I do not want to see people smugglers profit. I do not want to see people risk their lives at sea.

Tony Abbott (Warringah, Liberal Party, Leader of the Opposition) Share this | Link to this | Hansard source

On a point of order, Mr Speaker: my question was not about the government's policy; it was about whether the government was going to defy the express will of this parliament. I ask the Prime Minister to be directly relevant to the question.

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

The Prime Minister is aware of her obligations under the standing orders.

Julia Gillard (Lalor, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

I am determined that we will pursue the agreement with Malaysia. I say to the Leader of the Opposition that I am finding his sense of high dudgeon very interesting indeed. The truth is that the Leader of the Opposition could not come into this parliament with a motion to support his Nauru solution, because that motion would fail in this House of Representatives and would be very likely to fail in the Senate too. So I am presuming what the Leader of the Opposition is saying is that no-one should take any further action to deal with people smuggling. If that is the proposition of the Leader of the Opposition—that no-one should take any further action to deal with people smuggling—I respectfully disagree. We will be taking the toughest possible further action to deal with people smuggling. I will allow the Leader of the Opposition to be stuck in a welter of inaction if that is where he would prefer to be.