Adam Bandt (Melbourne, Australian Greens) Share this | Link to this | Hansard source

My question is to the Attorney-General. Three ships of the anti-whaling fleet and Sea Shepherd docked in Melbourne this morning, but their captain, Paul Watson, has been unable to join them because of the possibility of his arrest. Has the government been asked by the Japanese government or anyone else to arrest the Sea Shepherd captain, Paul Watson, if he comes ashore in Australia? Has a warrant been issued for his arrest? Can the government give the Australian people an assurance that no action will be taken against Mr Watson if he comes ashore?

Mark Dreyfus (Isaacs, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

I thank the member for Melbourne for his question. A person can only be arrested for extradition purposes if Australia has received an extradition request and a valid Australian arrest warrant is in place. It is a longstanding Australian government policy, honoured by both sides of this House, not to disclose whether Australia has received an extradition request from another country.

I cannot comment on hypothetical cases, but I can tell the House that, in making decisions on extradition requests from other countries, the Australian government reaches its own conclusions on the appropriateness of granting those requests. In making these decisions, thorough consideration is given to our domestic and international legal obligations and all of the relevant circumstances of the case.

That said, I can confirm that Mr Watson is not subject to any arrest warrant under Australian government jurisdiction—and I would say this also: the position of our government on whaling is very clear. We have initiated proceedings against Japan in the International Court of Justice, seeking to bring to an end Japanese whaling in the Southern Ocean. I expect that case to come on for hearing later this year.

In relation to the other matters raised by the member for Melbourne, the Australian government does not provide assurances about whether a person will be subject to extradition proceedings either now or in the future. But, as I have made clear, a person cannot be extradited from Australia in the absence of an Australian warrant and the approval of the Australian government. In making decisions on requests for arrest warrants to be issued, the Australian government reaches its own conclusions about the appropriateness of granting such requests, and they are based on our legal obligations.