Joe Ludwig (Queensland, Australian Labor Party, Manager of Opposition Business in the Senate) Share this | Hansard source

This is a debate about the listing of an organisation, and perhaps it is worth going back to what that listing does. We are debating a disallowance motion moved by Senator Bob Brown in respect of the listing of the Kurdistan Workers Party, the PKK. In this area some guidance has been provided by the Parliamentary Joint Committee on Intelligence and Security, which released a report in April 2006.

It is worthwhile outlining the process that is undertaken in a listing. What happens is that a review is conducted under section 102.1A of the Criminal Code Act 1995. Section 102.1A provides that the Parliamentary Joint Committee on Intelligence and Security may review a regulation specifying an organisation as a terrorist organisation, for the purposes of paragraph (b) of the definition of ‘terrorist organisation’ in section 102.1 of the Criminal Code, and may report the committee’s comments to each house of parliament before the end of the applicable disallowance period.

We are at the point where we have the committee report and Senator Bob Brown has sought to disallow the instrument. It is worth adding that this is the 19th organisation to be listed under this legislation over the last two parliaments. The committee has diligently conducted six reviews. Some of those were of multiple listings or groups, and 16 organisations were relistings of organisations originally listed under previous legislative arrangements.

I will turn to the organisation we are discussing today. The Kurdistan Workers Party, or PKK, which is also known as the People’s Congress of Kurdistan, among other aliases, was proscribed as a terrorist organisation in December 2005. The PKK is now listed as an organisation that, directly or indirectly, is engaged in preparing, planning, assisting in or fostering the doing of a terrorist act, whether or not a terrorist act has occurred or will occur, or an organisation that advocates the doing of a terrorist act, whether or not a terrorist act has occurred or will occur. While the PKK is not listed as a terrorist organisation with the United Nations at this time, it is proscribed in Canada and in the United States, where it was listed as Kongra-Gel, or the KGK, with an explanation that it was formerly known as the PKK. The PKK is listed in the United Kingdom and in the European Union, with the exception of Norway, which is mediating in the dispute. All Australian states and territories have agreed to the listing of the PKK.

Despite what has gone before, Senator Bob Brown has moved that the Criminal Code Amendment Regulations 2005 (No. 14), as contained in Select Legislative Instrument 2005 No. 298, specifying the Kurdistan Workers Party as a terrorist organisation, be disallowed. The majority of the Parliamentary Joint Committee on Intelligence and Security support the listing of the PKK. To give some indication of the legal issues here, in the Criminal Code Act 1995 there are seven main offences with respect to proscribed terrorist organisations. They are: directing the activities of a terrorist organisation; membership of a terrorist organisation; recruiting for a terrorist organisation; training a terrorist organisation or receiving training from a terrorist organisation; getting funds to, from or for a terrorist organisation; providing support to a terrorist organisation; and associating with a terrorist organisation.

Such terrorist related offences are obviously among the most serious crimes that can be perpetrated. Dealing with crime and responding effectively to national security dangers is an area where Labor is and will continue to be ever vigilant. We do not have to be reminded of the recent terrorist shocks in UK and US aviation. The London, Mumbai and Madrid rail attacks are clearly in everybody’s mind. Also, we are approaching the second anniversary of the Beslan massacre in Russia. Clearly, this is an area where Australia has to be vigilant and look at the issues.

In the current debate we are considering the process of listing, the parliamentary oversight and the disallowance procedure, which allows the matter to be brought forward for debate here. We are called upon to consider the PKK. Conducting an assessment of this nature is always difficult. Much of the intelligence on the PKK is of an operational nature. Page 21 of the report by the joint committee goes to that very point. It says:

... the PKK’s participation in the political process does not decrease the group’s relevance to security so long as militants continue to plan and conduct terrorist attacks.

The majority report of the joint committee requested that the government keep this listing under active consideration. The minority report called on the government to reassess the PKK listing.

The proscription of an organisation is a serious decision that Labor knows the joint committee give careful consideration to. On the advice of the joint committee report, the PKK should be listed as a terrorist organisation. Labor supports that position. Labor shares the concern raised by all members of the committee that there needs to be careful consideration of this listing and requests that, in that process, the government take into account the following points. Firstly, it should take into account the number of Australians of Kurdish origin who may peacefully support the broad aims of the PKK without endorsing or supporting its engagement in terrorist acts. Secondly, it should consider whether it would be sufficient to proscribe the PKK’s military wing, the Kurdistan Freedom Brigade, referred to in the Attorney’s statement of reasons. Thirdly, the government should consider the fluid state of moves towards possible ceasefires.

Labor urges the government keep this matter under active scrutiny to ensure that security implications are met in a way that does not place innocent people in jeopardy of prosecution. This would seem to Labor to be a fair and reasonable request. On that basis, Labor opposes the disallowance motion moved by Senator Bob Brown and calls for the active consideration of the listing of the Kurdistan Workers Party as a terrorist organisation, taking into consideration the advice of the committee.

When you turn to the particular process that has preceded this issue, it is worth looking at the report of the Parliamentary Joint Committee on Intelligence and Security, because the government’s procedures are outlined at 1.9 of the report:

In a letter sent to the committee on 25 January 2006, the Attorney-General’s Department informed the Committee that it had adhered to the following procedures for the purpose of the listing:

an unclassified Statement of Reasons was prepared by ASIO, and endorsed by DFAT, dealing with the case for listing the organisation.

Chief General Counsel, Mr Henry Burmester QC provided written confirmation on 14 November 2005 that the Statement of Reasons was sufficient for the Attorney-General to be satisfied on reasonable grounds of the matter required under section 102.1(2) for the listing by regulations of an organisation as a terrorist organisation.

The Director-General for Security, Mr Paul O’Sullivan, wrote to the Attorney-General on 23 November 2005 outlining the background, training activities, terrorist activities and relevant statements of the organisation.

A submission was provided to the Attorney-General on 30 November 2005 including …

I will not go into the details of that submission, but it provided a statement of reasons from ASIO. Having considered the information provided in the submission, the Attorney-General signed a statement confirming the aforementioned matters. The Attorney-General then wrote to the Prime Minister, on 2 December 2005, advising of his intentions to list the PKK as a terrorist organisation. The Attorney-General also wrote to the Leader of the Opposition on 2 December 2005 about the proposed listing of the PKK as a terrorist organisation and offered a briefing on the matter.

The matter was brought to the attention of all states and territories. The Attorney-General wrote to the Chair of the Parliamentary Joint Committee on ASIO, ASIS and DSD—as the committee was known then—on 2 December 2005 and advised of his decision to list the PKK as a terrorist organisation. The Governor-General made the regulation on 15 December 2005. The regulation was lodged and a press release was issued at that time.

Following that, we had the report, the recommendations and then the opportunity to have a debate here as well. It is worth while outlining all the procedural matters and steps that have been taken to get to this point and for this matter to be finally determined here. That is an area where Senator Brown has taken a different view from Labor and the government, but I do agree with Senator Brown that we can at least have, in this chamber, this debate about the regulation. Labor sought hard to ensure that this opportunity would be available. Be that as it may, in this instance Labor does support the majority recommendation and does not support the disallowance motion by Senator Brown.