House debates

Wednesday, 6 July 2011

Committees

Christmas Island Tragedy Committee; Report

Debate resumed on the motion:

That the House take note of the report.

6:41 pm

Photo of Scott MorrisonScott Morrison (Cook, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | | Hansard source

The Christmas Island tragedy occurred in the early hours of 15 December 2010 and is still very fresh and very raw in our minds, particularly for those who were there on that day, I have no doubt. It was a terrible tragedy that indelibly scarred the psyche of this nation and reached out through the images on our television screens and portrayed in our newspapers to touch the hearts and minds of Australians right around the country. As I said on that day, the lives of those lost were and remain as precious as our own. Though more than six months have since passed, the events linger with clarity in the minds of those who deal with these matters on a very regular basis but especially in the minds of those who were involved in the rescue and who were called into action in that desperate hour.

The report tabled this week in parliament that we are debating tonight brings some closure, albeit small, to this tragic chapter in our nation's history. The committee found that, given the terrible circumstances—namely, the ferocity of the foul weather that day—there was precious little that anything or anyone could have done differently to change that terrible outcome. It hardly bears thinking of but circumstances could certainly have been even bleaker. Had the boat arrived merely an hour earlier or one kilometre up the coast, there could have been no survivors. I think it is an absolute miracle that lives were saved at all on this occasion.

As it was, though we can never know exactly how many lives perished in those waters on that day, we do know that, against the odds, 42 lives were saved. Twenty-two men, nine women and 11 children were saved by the bravery of Australia's Defence Force, Customs officers, the Australian Federal Police and the residents of Christmas Island, who woke from their beds that terrible morning before dawn to the screams of those people, many of whom ultimately perished. Those rescuers deserve our commendation, and it is only fitting that this report recognises their heroism.

I have been to Christmas Island on several occasions and I have met many people who live on Christmas Island. It is a long way from our mainland and oftentimes, I suspect, those who live on Christmas Island feel a long way from Australia. But on that day they showed the bravery, courage and empathy that Australians are known for around the world. On that day we could not have felt closer to them as fellow Australians and we stood with them in their sorrow and their grief but also we were incredibly proud of the way that our fellow Australians on Christmas Island conducted themselves on that day and the many days that have since followed. The bodies of 30 men, women and children were recovered. Another 20 were missing and presumed dead, and they rest beneath the waves. On that fateful day, the weather off Christmas Island was the worst it had been in the living memory of many locals: 40-knot winds, thunderstorms, and ebbing and pitching waves of three to four metres. Those who have been to Christmas Island will know that, as you look out over Rocky Point, all you can see is a vast sea, and Christmas Island literally juts out of the sea. These sheer and ragged cliffs are basically the first things that the waves hit, with very little to impede their force as they wash across that sea. The conditions on that day rarely occur with that level of ferocity. But even on a still day you can see just how bad it could become in the worst set of conditions. Visibility was poor—you could barely see further than a rugby league field. And at the mercy of those churning seas, there was this wooden boat.

A Customs officer staying at the Mango Tree Lodge near Rocky Point first sighted the vessel at 5.40 am on 15 December. Authorities notified the naval vessel HMAS Pirie and the Customs vessel ACV Triton, which were sheltering on the leeward side of the island due to the severe weather. They made their way as fast as they possibly could to the scene.

As I said before, Rocky Point is grim on the clearest of days. The committee visited during the inquiry and their report attests to 'a dangerous, steep and slippery sheer rock face, even in good weather'. I have seen that rock face and many other rock faces around that island, and that is a very accurate description. Because of the rough sea, RHIBs were deployed—small inflatable rigid-hulled vessels. Naval and Customs officers were instructed to do all they could to help those in serious distress, and they did—above and beyond the call of duty. For many of those men and women, I suspect that this was a day on which they performed duties which they probably felt they had been called into naval service to one day potentially perform, and on that day they did not let down their oath, their service, their friends or those who had gone before them in these roles, and most of all they did not let down those who they had been sent to save.

SIEV221 battled huge swells in a futile attempt to reach the island. Then, the engines failed and inevitably the boat drifted towards the rocks. Locals were woken by screams for help. They ran down and stood on those perilous cliffs in the darkness. Local Raymond Murray was first to arrive. He told the inquiry, 'I will never forget seeing a woman holding up a baby, obviously wanting me to take it, and not being able to do anything.'

Some 60 people gathered on the slippery rocks. They threw life jackets into the water as the boat was dashed against the ragged coastline and people were hurled into the sea. Those on shore risked slipping on the sharp, uneven rocks into deep ravines; nevertheless, 'They tried their best to haul people out of the water with ropes tied to life jackets on those struggling to survive a few metres away.' There is only one word appropriate to describe the efforts of those who rendered assistance on that bleak morning, and the report uses it: 'herculean'.

Diesel had spilled in the ocean. As rescuers attempted to drag flailing people from the water, they slipped literally through their grasp. The committee noted that the availability of grenade life rings may have assisted those attempting to get immediate support to those in the water. We cannot know whether these could have resulted in a different outcome, but the Department of Regional Australia, Regional Development and Local Government has accepted advice to acquire this equipment. As my colleague the member for Stirling remarked, without the rescuers there is no question that those 42 people would have perished along with the other 50 lives that were lost.

The report finds no fault with the response by government agencies. It is vital that we acknowledge that here in this place and that those who were involved on that day understand that that is the finding of this report and that that is the view of this parliament. They need to cling to that. They need to know that this place and the members who represent Australians all around this country understand that that was the case. They can have great assurance that on that day they did all they could. There is no surveillance system available to the Australian government that is able to detect wooden hulled boats in such violent seas. The committee examined this extensively and found the intelligence community did all they could, based on the information they had, in relation to the arrival of SIEV221. The inquiry also spoke extensively to the people on the island who had responded. The report notes that many residents may retain horrific images in their memories—I have no doubt—and will grapple with questions and issues which are immensely difficult to cope with. That is why the inquiry recommends the provision of ongoing support not only to survivors but also to rescuers. Our hearts go out to them because these nightmares may remain not only immediately afterwards but also 12 months, five years or 10 years down the track.

There is another darker reality that lurks as we consider these matters in this report where 50 lives were lost—and other colleagues have alluded to it. This is not the first time that the tragedy of people being lost at sea has occurred in the sea lane between Indonesia and Christmas Island. We are aware—and there is credible evidence to suggest—that many other vessels that have left Indonesia have also gone off the radar and vanished somewhere in those millions of square nautical miles of water. Most recently, we are aware that a vessel departed a little more than six months ago with 91 people on board. Those people have never been heard of again. There will be no reports into what happened to them. There will be no inquiries. There will be no memorials. There will be none of that. But their loss is just as significant and relevant to the people here in this place who make decisions on these matters. And I remember another incident about two years ago when 109 people, all Afghans, left Indonesia on a vessel and were never heard of again. So I think we can say with some certainty that hundreds of people have lost their lives. It is our earnest hope that we will lose no more lives, and we need to do all we can to ensure that that is the outcome. No-one in this place would willingly endanger the lives of another, and members of this inquiry were profoundly affected by what they witnessed.

There is much said in this debate and it can get very, very heated. I would like to place on record my thanks to those who are involved most directly in this debate. I refer specifically to the Minister for Immigration and Citizenship. He and I both understand the moral and human consequences of the decisions that we will take and the positions that we will put forward, and events such as those that occurred at Christmas Island in December last year only reinforce that to all of those who participate in this debate. I think the most significant thing we must do is accept that, at the very least, in our participation in this debate there would be no-one in this place who wants to see harm come to anyone. We would hope that we endeavour to do what is in our national interest in addressing these matters and are very mindful of the moral issues that weigh heavily on officers who participate regularly in these issues.

I place on record my thanks in particular to the Minister for Immigration and Citizenship and the Minister for Home Affairs. I found their conduct over the course of those very, very difficult days to be outstanding. The minister was very open to our questions and ensured that we were able to get information quickly. In the most disappointing and upsetting of circumstances, that was the one thing where I thought those two ministers in particular engaged with members of the opposition and other members of this place in a very positive and responsible way. I thank them, on behalf of the opposition, for that. Briefings were made available through departmental officials—particularly Mr Carmody from the Customs and Border Protection Service—in circumstances where they had to deal with an unfolding situation. They made themselves available, and we sought not to detain them for long. The key message we sent to them at the time was to let every single one of the persons serving on behalf of the Australian government know that the people in this place were supportive of them and that they should get about their business and not be thinking of what might happen afterwards. I am pleased that in the course of this report and this inquiry their actions have been validated, their integrity has been reinforced and, indeed, their courage has been praised—as it should be. Those who at the time wanted to make different comments about those individuals will, I think, regret that. This report has more than vindicated the actions of our various service men and women, whichever government department or Defence agency they serve. They have performed outstandingly, so I thank them for that. I thank the ministers, again, for the way they have handled this matter. I hope we will not stand here in this place having conducted another inquiry into something of this nature, but we cannot be sure of that. It should only redouble our efforts to ensure that we do not see that happen again.

6:55 pm

Photo of Nick ChampionNick Champion (Wakefield, Australian Labor Party) Share this | | Hansard source

In my time in this place I have served on many committees, as members do, but I have to say that this inquiry into the incident at Christmas Island has been the most personally challenging one. It was certainly a tragic incident. Much of the evidence we took—the images we saw and the witnesses we heard from—really did bring home what a harrowing event it was. It really was quite challenging to the members of the committee, on a number of different levels. Hearing the evidence, reading the evidence and seeing the evidence in detail did bring home the loss of life and the fact that we must do everything we can to prevent such tragedies.

I particularly thank the committee's chairman, Senator Marshall, and the deputy chair, the member for Stirling. I think they both did a very good job in handing down a bipartisan report—a report that I think will reassure Australians about the nature of this tragedy and the events surrounding it. This is very important for the country, because these events obviously have some capacity to divide the nation, and it is very important that there be a bipartisan approach to dealing with and reporting on such a harrowing and tragic event.

One cannot be anything but proud and moved by the response by Christmas Islanders that day and by the Australian Federal Police, Australian Defence Force personnel, Customs and Border Protection officials, DIAC, the Christmas Island medical services and all those involved—the people on the council and the people providing services. All the evidence we heard showed Australians acting at their best in a very trying set of circumstances. I know all the members of the committee were really in awe of their efforts, their bravery and the many small and large sacrifices they made during the course of the tragedy, the response to it and the months after it.

When you hear about the events on Rocky Point that day and when you go down there and see the cliff face and talk to some of the people who were there that morning you realise just how dangerous a situation it was and the heroism of many of those involved. We are indeed lucky that there was no Australian loss of life, and there was certainly some potential for that. There was great risk to our own countrymen. While we value every life, and we mourn those dead and missing, it did make me reflect on just how brave, how decent and how heroic those who protect our borders are and what a great job they do. I have many constituents who fly P3s out of Edinburgh. I had some idea of the vastness of the ocean and the challenges involved in border protection. But going to Christmas Island reinforced in my mind just how important their efforts are and just how honourable, decent and brave all those people are.

The response to the tragedy is outlined on pages 21 to 31 of the report. While the report notes some areas where some limited improvement could have been made—such as the grenade lifejackets and the like—it is inconceivable that we could have had a better effort made by all those involved. They responded very well. As other speakers have noted, if it had been a couple of hours earlier or a kilometre up or down the coast, it might well have been much worse. Indeed, the fact that we have 42 survivors is a tribute to all of those involved. They really did save lives that day.

The weather conditions were extreme, the worst in 30 years and possibly the worst in living memory. But when they are described to you and when you go down and see Rocky Point you understand just how challenging and difficult that it was. The report outlines those weather conditions. Those weather conditions also had a great effect on radar. Radar is of fairly limited use in spotting wooden hulled boats at any point in time, particularly in vast oceans. One important role that this report has is to put into context radar's ability to identify the small wooden fishing boats that are used for people-smuggling purposes. It puts into context the limits of human intelligence and the surveillance of vast oceans. No matter what the effort, if boats depart they will always get through. There is no perfect set of intelligence, radar or surveillance that can prevent such tragedies. It is very important that people be aware of that.

As I said before, this was a very challenging inquiry. Hearing the evidence was challenging. One thing that it brought home to me is just what a rancid trade people smuggling is. It preys on the hopes of people but it also preys on the misery of desperate people. It is a trade that plays Russian roulette with people's lives. It is also a trade that places in this circumstance our border protection forces at some risk of their lives and wellbeing. I do not think that it is a trade that is based on compassion. It is a trade that is based on greed and selfishness of the highest order. We must within the bounds of our domestic and international obligations and standards discourage this trade. It must be stopped because it can cost lives. That was the one thing I took away from being on the inquiry. We must do all we can to avert such tragedies, while acknowledging that this tragedy was a tragedy brought about by the terrible circumstances of that day.

7:05 pm

Photo of Graham PerrettGraham Perrett (Moreton, Australian Labor Party) Share this | | Hansard source

Like the member for Wakefield, I too was a member of the Joint Select Committee on the Christmas Island Tragedy of 15 December 2010. I totally concur with him that, unlike any other inquiry I have done, I found this very moving and confronting on many levels. Up front I thank Senator Gavin Marshall, the chair, and the deputy chair, Michael Keenan, the member for Stirling, who, like Senator Marshall, did a sterling job in engaging with the stakeholders and engaging with the information and ensuring the inquiry was done as promptly and as thoroughly as possible.

It was, as I said, a very confronting inquiry. My wife works in child protection and she is a shift worker who works in a 24-hour service, so she often comes home at 10 o'clock or midnight. She often wants to unpack the details of some horrific tale—never breaching confidentiality but just sometimes talking about the circumstances. Obviously, lying in bed at 11 o'clock at night or midnight, the last thing I want to do is talk about these horrible things that go on out in the world in Queensland. But having been in this inquiry I now have a much better insight into why maybe I should just listen and talk about these things. Sometimes you just need to unpack the horrors and work through them so that you can put your head on your pillow and think that it is a wonderful world rather than a world of horror. So, yes, it was a very confronting inquiry; that is for sure.

Sometimes inquiry reports have interesting covers and interesting titles. The cover of this report is very nondescript and it has a very nondescript title, but so much in this inquiry report belies the tragedy that unfolded. Even the map on page 79 of the report is just a plain map with arrows and a very black and white strip showing what actually occurred, but it belies the horror that did occur. The reality is that on 15 December 2010 the conditions on Christmas Island were absolutely atrocious—40-knot winds, thunderstorms and wave heights of three to four metres, with some of the waves coming through at around four to five or six metres, according to the people at Rocky Point. There was very low visibility and certainly locals were saying it was the worst weather conditions some of them had ever experienced on the island when SIEV221 was sighted off Rocky Point at 5.40 am on 15 December. There was an incredible set of circumstances.

I have commended all of the committee, and I also want to particularly thank, as the chair has done, those from the Australian Customs and Border Protection Service, the Australian Federal Police, the Australian Defence Force and the Christmas Island community—they all did incredible work on that day on the rocks. As the member for Wakefield indicated, people were very much at risk, and the lives of Christmas Island residents were saved. Some of them were so horrified by what they saw that they were willing to put their lives at risk—to the extent that, but for their being restrained, they would have lost their lives because the conditions were so horrible. People were being slammed into rocks—and they were very sharp rocks. It was a stark contrast to what it is like if you go down there on a calm day. As Mr Raymond Murray, one of the Rocky Point residents and one of the first people on the scene, said:

… there was this overwhelming feeling of helplessness. Standing right out on the edge of the rocks, there were times when the boat was closer than you are to me now.

People said it was two or three metres away from where they were standing on the edge—as close as I am to the member for Banks. Mr Murray said:

I will never forget seeing a woman holding up a baby, obviously wanting me to take it, and not being able to do anything. It was just a feeling of absolute hopelessness. It was like it was happening in slow motion. A wave would pick the boat up and almost hit the rocks and then go back again, and then finally it … exploded.

As has been mentioned by earlier speakers, people were trying to get life jackets to the people on the boat—life jackets from dive operators and from boats nearby. They were hurling them as far as they could into the water. Maybe if they had had grenade life jackets they would have been able to rescue more people. I point out the following: of the 42 people who survived, 41 had life jackets. So it is not very complicated: if you have life jackets in rough seas, there is more chance of surviving. I will mention the one survivor who did not have a life jacket in a minute. The reality is obviously that Australia will never have enough life jackets for all the people who want to come to Australia. There are 42 million displaced people in the world; we do not have enough life jackets for all of them. Obviously that is metaphorically speaking, but in this circumstance it was practically speaking, because the 30 people whose bodies were recovered and the 20 people who are missing obviously did not have life jackets. The people who were able to get life jackets either from the Navy or from the people on land did survive.

For one of the 42 who survived—one man—it just so happened that, as the boat turned around, he got on the bow and, as it turned and almost scraped against the cliff, he was able to jump from the bow of the boat to the land—to Australia. So he leapt from the boat to Australia. He got mauled by the rocks, but he survived. Compare that with other people, who actually got their hands on a rope and were pulled up onto the land but, when their hands hit the lip of the rock—because their hands were then ripped to shreds and, of course, the natural reaction is to let go—drowned. So they touched Australia but they drowned just because they were unlucky, I guess. As for the man who was able to jump from the boat, I would call him the luckiest man in Australia. I am reminded of a quote from a Clive James book I was reading recently. I think he was quoting the author and Holocaust survivor Primo Levi; it might have been someone else, but that is my recollection of it. The quote is, 'Only chance will save you.' That is why I am thinking it was Primo Levi. Look at those circumstances where that one guy was able to leap onto the shore.

Annabel Crabb wrote an article after speaking to me on Christmas Island, and I will quote from her article in The Drum on Friday, 10 June:

Mr Perrett was on Christmas Island, hearing first-hand the testimony of those who watched dozens of souls drown under the most traumatic of circumstances when their boat smashed to pieces against the island's cliffs last December. What (Mr Perrett asked in his text message) was that quote from Hamlet about being cruel to be kind?

The quote—"I must be cruel only to be kind. Thus bad begins and worse remains behind" …

The article then goes on to explore what that quote was about. But I do say that this whole experience made me realise how horrible people smuggling is and how we must do whatever we can to prevent such a circumstance arising again. As the member for Cook, Scott Morrison, indicated in his speech, there have been boats that have disappeared. This was a boat where 50 people lost their lives right in front of Australian observers, but there are other boats that just disappear out there. They do not disappear off the radar, because, as we know, radar will not pick up a 20-metre-long—or 20-foot-long, some of them—wooden vessel. We need to do whatever we can. We need to regulate government policy to make sure that we prevent such tragedies from happening again. I am pleased to say that the foreign minister, the immigration minister and the Prime Minister are working on making sure that we have a policy that breaks the people-smuggler business model.

I wish well all those people who saw the tragedy, because I know it affected a lot of the residents of Christmas Island. It affected the members of the committee hearing their testimony. To all of those who saw the tragedy and all of those who tried to avert the tragedy, especially from Australian Customs, the Australian Defence Force, the border protection people and DIAC, who had to deal with the aftermath of it: I wish all of you well. Most importantly, I particularly want to wish well the children, grandchildren and the great grandchildren of the 42 who survived the tragedy. I hope they make proud those who chance did not save.

Debate adjourned.