House debates
Monday, 10 February 2025
Questions without Notice
Crime: Mandatory Sentencing
2:40 pm
Milton Dick (Speaker) Share this | Link to this | Hansard source
The Manager of Opposition Business, on a point of order.
Michael Sukkar (Deakin, Liberal Party, Shadow Minister for Social Services) Share this | Link to this | Hansard source
I request that the Attorney-General withdraw his highly disorderly, unparliamentary and offensive remarks. There is nothing more serious than the opposition being accused of politicising an issue like this. He also uttered the word disgusting on at least half a dozen occasions. So we request a withdrawal.
Milton Dick (Speaker) Share this | Link to this | Hansard source
We'll deal with this quickly because I want question time to continue. I didn't hear, because of the noise. I will ask the Attorney-General, as he comes back to answer the question, to withdraw the unparliamentary—
Honourable members interjecting—
I didn't hear what was said. It's very difficult for me as the chair to make a judgement when I don't hear. But I'm willing to hear from other members as well. The Prime Minister has the call.
Anthony Albanese (Grayndler, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source
On the point of order: the decision by the opposition to try to shut down—
Opposition members interjecting—
Milton Dick (Speaker) Share this | Link to this | Hansard source
Order! The manager had a good go. The Prime Minister will be given the same courtesy. Everyone, listen to each other.
Anthony Albanese (Grayndler, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source
To try to shut down the minister. Given the statements that have been made by many members of the opposition about a range of people on this side of the House, the idea that the minister should withdraw a statement is quite frankly totally inconsistent with things that have been said by those opposite over a considerable period of time. The minister, due to who he is—the idea that he is not a strong opponent of antisemitism. He is someone who feels this very personally and deeply. He was being interjected against by those opposite in behaviour that I regard as completely disorderly and completely unacceptable.
Milton Dick (Speaker) Share this | Link to this | Hansard source
The manager, on a further point of order.
Michael Sukkar (Deakin, Liberal Party, Shadow Minister for Social Services) Share this | Link to this | Hansard source
A couple of points. Firstly, you've requested that the Attorney-General withdraw, which I think is the right course of action. The Speaker has made that request. Secondly, the question was in relation to mandatory minimum sentencing. There was no invective in the question targeted at the Attorney-General. The Prime Minister somehow said that the Attorney-General was goaded into his unparliamentary remarks, but that is not an excuse in any way. Quite frankly, it is clear cut here that there are few more disgusting accusations that could be made in this House. You've requested that the Attorney-General withdraw, and he should.
Milton Dick (Speaker) Share this | Link to this | Hansard source
Just so that we're clear, now that I have the picture—you're saying that the word 'disgusting' should be withdrawn? That is not unparliamentary and has been used. This is an emotive debate. I can appreciate that. Members have every right to feel grievances on either side. I want this debate to continue. I want question time to function. I will hear from the Leader of the House.
Mr Tony Burke (Watson, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source
A second point of order was raised by the manager during that with respect to relevance. On that, I want to say that the question referred to an amendment to a piece of legislation. The Attorney-General has been referring to that piece of legislation. You can't refer to the penalties without referring to the crime, and therefore it is completely relevant to what was asked.
Milton Dick (Speaker) Share this | Link to this | Hansard source
The manager, on a further point of order.
Michael Sukkar (Deakin, Liberal Party, Shadow Minister for Social Services) Share this | Link to this | Hansard source
Just to be very clear: the words we are offended by and seeking that the Attorney-General withdraw are that we're politicising antisemitism. That would be quite an extraordinary ruling—for this House to allow an accusation like that to be made. To the Leader of the House's point, I only raised the context of the question in response to the Prime Minister, who somehow stated that the Attorney-General was goaded into his unparliamentary remarks, which was clearly not the case.
Mr Tony Burke (Watson, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source
Now that the Manager of Opposition Business has clarified what he wants withdrawn—withdrawal has to be made at the first opportunity. I would dispute that it was unparliamentary given what's been said by the opposition in a number of debates. But, notwithstanding that, the Manager of Opposition Business, after that point, stood up, went to the dispatch box and did not ask for it to be withdrawn. He chose to have the House vote instead. The House has now voted, and the answer should proceed.
Milton Dick (Speaker) Share this | Link to this | Hansard source
I can appreciate the argument. I'm going to say to the Attorney-General: please use language which is parliamentary and which does not cause offence to any other members. Despite the emotive nature of this, the opposition are entitled to—
Order! I'm making a statement to the House. We need to get through question time. I want the Attorney-General to use language which is appropriate and not cause offence to any other members for the remainder of his answers. If he does invoke such language, he will be sat down immediately. The Attorney-General, for the last 34 seconds—the Leader of the Opposition, on a point of order?
Peter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | Link to this | Hansard source
Mr Speaker, to your words that you've just offered to the House, it is with longstanding precedent in this place that, if offensive words are uttered by a minister of the Crown, which, in this case, they most certainly have—that is not in dispute. The argument that the Leader of the House puts is not that the words were unparliamentary. His point is that they weren't dealt with in the first instance. Again, that is an argument that fails because the course of action taken was that, given the offensive nature of it, we responded in a way that was obviously proportionate to what were disgusting comments. There is a long precedent—not to mention the fact, Mr Speaker, that your predecessors have required, even if they haven't heard the words themselves, for the minister to withdraw that statement. That was your instinct, rightly; that was your direction to the minister. And now, with the weight of the Prime Minister and the Leader of the House trying to—
Government members interjecting—
Peter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | Link to this | Hansard source
The words from the Prime Minister, that ramble that he provided before, should have no bearing on your decision whatsoever, and you shouldn't be bullied into a position which is against your natural and right instinct.
Milton Dick (Speaker) Share this | Link to this | Hansard source
The original words were different and, now that it's been clarified, I understand the point. The member for Warringah has been on her feet waiting for the call. She's been very patient, and everyone deserves, if they have a view, to be heard on this matter. The member for Warringah, on a point of order?
Zali Steggall (Warringah, Independent) Share this | Link to this | Hansard source
I wish to raise concern about the arguments raised in this respect around—this is a policy issue, and it's clearly a decision of members of this House to disagree with government policy or to raise an issue in the context of question time around a policy. As such, describing that as politicising an issue is very much what it is. So I would submit that, if that is considered unparliamentary, or grounds for withdrawal or refusal, it would mean any area of policy where there is disagreement becomes something that is objectionable because it is essentially being politicised. So I am concerned at the way in which this is positioned because it's the same as the nature of a policy being racist or anything like that. These are policy differences, and that is the very nature of this place.
Milton Dick (Speaker) Share this | Link to this | Hansard source
I thank the member for Warringah. The manager on a further point of order?
Michael Sukkar (Deakin, Liberal Party, Shadow Minister for Social Services) Share this | Link to this | Hansard source
I would just note, Mr Speaker, that you have directed the Attorney-General to withdraw, and there is precedence for members to be named where they refuse to withdraw unparliamentary remarks.
Milton Dick (Speaker) Share this | Link to this | Hansard source
Okay. I'm not going to accept any further points of order on this. I'm drawing a line under this exchange, and I'm asking the Attorney-General to be careful with his language, to always respect members and to not use offensive language. I'll give him the call to conclude his answer.
2:50 pm
Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source
Thank you, Mr Speaker. I'm the son and the grandson of a Holocaust survivor. I went to the commemoration of the 80th anniversary of the liberation of Auschwitz, a place where a million Jews were murdered, a place where my great grandmother was murdered on 13 October 1942. And I say to members of this House that we've had a wave of antisemitism in this country, and right now what we need is unity. We need bipartisanship, and that's the effort that our government made with the bill that was passed by this parliament last week. (Time expired)