Michael Danby (Melbourne Ports, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Minister for Immigration And Citizenship. Will the minister update the House on the importance of effective border protection and asylum seeker policies that work in the national interest? How can Australia work with countries in our region on protection outcomes?

Chris Bowen (McMahon, Australian Labor Party, Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

I thank the member for Melbourne Ports for his question. Of course the government is committed to working in the national interest and restoring to the executive the power to set Australia's border protection policies. Our policy is the Malaysia arrangement—the first of its kind in the region. It represents a new level of international cooperation to tackle an international problem and it is negotiated under the regional framework, with protections built in. It includes guaranteed protections committed to by the Malaysian government of non-refoulement, work rights, access to health care and schooling for those transferred. These protections have been worked through with the UNHCR and agreed to by two sovereign nations in good faith.

I am asked by the member for Melbourne Ports about different ways the Australian government can work with countries in our region on protection. The Leader of the Opposition, of course, has a different view—he has criticised the arrangement as not being legally binding.

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

The minister should be very careful in the way he chooses his words; he should not overly debate the question.

Chris Bowen (McMahon, Australian Labor Party, Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

Earlier this week, the Leader of the Opposition asked the Prime Minister in this House how she could ensure that obligations would be honoured when they are not required to be legally binding. Apparently, that is a new fundamental principle for the opposition—that negotiations must be legally binding.

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

The minister will go to the matter at hand.

Chris Bowen (McMahon, Australian Labor Party, Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

I am asked about different ways of negotiating protections with countries in our region, and there are two different ways: you can negotiate arrangements and get agreements with countries or you cannot. Turning the boats around on the high seas and pointing them towards Indonesia with no protections negotiated is a different approach to the government's approach of negotiating in good faith with Malaysia.

Last night we saw a new development in this matter, with the Leader of the Opposition realising on the 7.30Report that it was a problem not to have protections negotiated with Indonesia. He said:

… there is no evidence that the Indonesian Government did refoule people in the past. We have no reason to think they wouldn't be prepared to enter into the same kind of understandings again.

'Understandings'? I will have to check with the Attorney-General; I am not sure if an understanding is legally binding. I would be surprised if an understanding with Indonesia was legally binding. Apparently it is okay to send boats to Indonesia with an understanding but it is not okay to send planes to Malaysia when you have a formal agreement with a sovereign country! The weathervane swings again. The Leader of the Opposition is going to negotiate understandings with Indonesia—

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

Order! The minister will go to the subject matter.

Chris Bowen (McMahon, Australian Labor Party, Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

when the Indonesian government has made it clear it does not support turning back the boats. Just last week we had General Santoso, the head of the border protection unit of Indonesia, saying it would affect Australia's relationship with Indonesia.

And there has been another development. The Leader of the Opposition said on 7.30 last night—

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

Order! The minister will now conclude his answer. Making three or four doubtful references is beyond what I will allow.

Chris Bowen (McMahon, Australian Labor Party, Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

What is clear here is that the opposition will adopt any hypocritical excuse to avoid supporting the government—

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

Order! The minister will resume his seat!

Bruce Billson (Dunkley, Liberal Party, Shadow Minister for Small Business, Competition Policy and Consumer Affairs) Share this | Link to this | Hansard source

The greyhound caller over there—

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

The member for Dunkley will go to the greyhounds! Meadowglen, Friday nights, out my way, not at Frankston. The member for Dunkley can sit there quietly.