Dan Tehan (Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

It is good when oppositions and governments can work together to put bills through the parliament. And it's very good when governments admit that, when they were in opposition, they got it completely wrong and, once they get into government, they understand that they need to make amends. That's what this bill is—the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2024. For those who've been around a little while, they'll remember that twice when we were in government we tried to put through legislation which would have given our Border Force more powers when it comes to detention centres. Unfortunately, those opposite, who are now in government, when they were in opposition, wouldn't support those bills. Now they're in government, they've realised that they do have to take responsible action.

This is especially the case at the moment. In July this year, Australians were shocked by media reports that the New South Wales police had charged a detainee for allegedly running a sophisticated drug operation from inside the Villawood Immigration Detention Centre. An Australian Border Force commander, Budhy Tanddo, at the time said, 'The ABF's limited powers place additional pressure on already stretched police resources.' In a separate report in September, ABF Assistant Commissioner Sarah Nicolson, when discussing organised crime operating within the immigration detention centre, said: 'Detainees have access to telecommunications devices and computers while in detention. Under existing arrangements, there is no ability for the ABF to restrict access to these items, including dedicated encrypted telecommunications devices.'

When we were in government, we sought to address these issues through the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2017 and the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020. It was a shame that the then opposition didn't back those bills, because we wouldn't be here now if that had been the case, and what happened this year might not have happened, with organised crime running a drug racket out of Villawood detention centre. So I'm hopeful that the government will admit the error of their ways and will say, when they're talking on this bill: 'Mea culpa. We got it wrong. We got it wrong on two occasions and we've got to apologise to the Australian people for that and at least we've come to our senses now.' I doubt whether that is going to happen.

It will be interesting to see who speaks on this bill, because my old sparring mate—he has now moved on—Andrew Giles said, when speaking on this bill in 2020:

This bill, fundamentally, is a solution in search of a problem … But the fact is this: the government already has the powers it needs. The government already has the powers to remove prohibited items from people in immigration detention facilities. So Labor believes that if this bill were to be passed in its current form then it would result in serious, adverse and unwarranted consequences in respect of individuals in those facilities and more broadly.

You can just see from that why the former immigration minister was such a disaster, because he couldn't even recognise there was a problem. But I look forward to him coming in and now voting for the bill. Maybe we will get a mea culpa.

Peter Khalil told the House in the second reading debate on the 2020 bill:

Labor and I oppose this bill, in summary, for a couple of reasons: there is no justification for this bill and its sweeping powers, and it is also a bill which has clear impingements upon the human rights of detainees.

Well, I'm sure that Peter Khalil—

Josh Wilson (Fremantle, Australian Labor Party, Assistant Minister for Climate Change and Energy) Share this | Link to this | Hansard source

The member for Wills.

Dan Tehan (Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

I'm sure the member for Wills now understands the error of his ways. It will be very interesting to hear what other members from the now government and then opposition have to say. One of them who is in the chamber with us today, none other than Josh Burns, told the House on 31 August—

Maria Vamvakinou (Calwell, Australian Labor Party) Share this | Link to this | Hansard source

Will the member please refer to members by their correct titles.

Dan Tehan (Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

Sorry. The member for Macnamara said:

… this bill is not about a proportionate response from government but about cruelty and politics. Cruelty and politics are what are governing this bill and its creation.

So it will be very interesting to see what members who said such strong things in such strong language only four years ago now have to say about this bill and its passage through the parliament. I hope that they will be able to admit that they got it wrong, admit the error of their ways and say, 'Yes, it is a bit harder when you're in government. It is a little bit more difficult when you are in government. You do have to take some action. Otherwise, what you might see is a drug syndicate being run out of Villawood detention centre.' I will leave it up to those opposite as to how big the mea culpa will be, but hopefully there will be some understanding that on two occasions they got it very, very wrong.

What are the provisions in this bill? The Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2024 allows the minister to determine that certain items are prohibited in relation to immigration detention facilities and detainees if the minister is satisfied that possession or use of that thing might be a risk to the health, safety or security of persons in the facility or to the order of the facility. Prohibited things may include controlled drugs and prescription drugs not taken by the person to whom they are prescribed, mobile phone subscriber identity module, or SIM, cards and other internet capable devices. The amendments will also expand an authorised officer's power to search, screen and seize prohibited things in relation to immigration detention facilities and detainees without a warrant if the person exercising the power believes on reasonable grounds that doing so is reasonable and necessary to mitigate security and safety risk. The bill also includes amendments that will, in certain circumstances, allow a detainee to continue having access to alternative means of communication, if a prohibited communication device is seized, to enable the detainee to communicate with family or to obtain support—for example, legal advice.

The bill substantially mirrors the provisions introduced in the coalition bills, but with editions that specify certain conditions and limits on the powers being introduced. The coalition strongly supports measures to assist operational staff to crack down on the organised crime that is running rife in our immigration detention facilities, which is why we will be supporting this legislation without amendment. And I say to those opposite: better late than never. That is one positive.

In conclusion, I'll look forward to what the member for Fremantle has to say, given his words, which I will quote to him:

… this bill is not about a proportionate response from government but about cruelty and politics. Cruelty and politics are what are governing this bill and its creation.

Most Australians would say that this is just common sense. If you've got people who are nonresidents of this country and are in detention, we should be doing all we can to stop them from basically running an organised crime racket from inside that detention centre. Especially if they're running drug-trafficking operations, we should be doing all we can to stop it. That is why we support this bill.

Debate adjourned.