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

Both. I really did not want the government to hide behind this argument either, quite frankly, because I think many of the matters raised by Senator Nettle do require answering by the government. They are separate questions that have been raised in committee that in fact the government does have a duty to provide some explanation on rather than perhaps hiding behind the issue that I am going to raise. The matter is that it has been a longstanding principle—from the Labor Party’s perspective, in any event—that we do not tag bills. This bill deals with employer sanctions and, if there were an amendment or an addition to that issue, we could perhaps provide a more cogent view about that.

This amendment, in fact, adds to the existing Migration Act under schedule 2. It does not, in effect, amend the content of the Migration Amendment (Employer Sanctions) Bill 2006. It adds another issue that the government, of course, should deal with. But it seems to Labor that it is an inappropriate vehicle to use the Migration Amendment (Employer Sanctions) Bill 2006 to deal with it in that way. Much of what Senator Nettle says the Labor Party agrees with in principle. It should be dealt with and it has been dealt with in part. As I think Senator Nettle outlined, a report from the Senate Legal and Constitutional References Committee covered some of these issues. There was also a report by the Senate Legal and Constitutional Legislation Committee dealing with employer sanctions which dealt more specifically with the bill itself. This amendment is not a recommendation that came out of that.

The position we are in is that Senator Nettle has moved an amendment to the substantive act—not to the actual content of the bill—that deals with an area not directly related to employer sanctions. The opposition does support the bill dealing with employer sanctions. With regard to the issue Senator Nettle raises, we think, in principle, there is much merit in it. Labor would support an inquiry into the issue of work rights, as raised by Senator Nettle, but is unable to support the amendment, as framed, for the reasons that I have outlined.

But there is much merit in looking at this issue. Of course, more than just bridging visa Es are issued to asylum seekers or those people to whom it has been determined that this country owes an obligation; there are bridging visas issued in a wide variety of circumstances. In fact, the way this government issues bridging visa Es and the way this government uses bridging visa Es should form part of an even broader inquiry. Only this week, Labor moved for an inquiry into the use of 457 visas—that is, the temporary business visas. However, this government opposed that and did not let it proceed. This issue certainly would have been a matter that could have been examined as part of that inquiry. If the Greens want to raise a broader inquiry dealing with this specific matter, certainly the shadow minister would be open to that course. It is a serious issue and I think Senator Nettle has highlighted many of the reasons for it to be dealt with. Senator Nettle pointed quite clearly to why this government has failed to cogently deal with this issue.

It is an area that Labor have also looked at internally in our social policy committee as to the appropriateness of the various restrictions on work rights and Medicare access for asylum seekers, including the 45-day rule. It is an area that also strikes a chord with Labor in that it does require further examination and further work. However, simply to move an amendment in this way tends to cast it into an area where it may in fact have a broader reach than was intended. The amendment does not go to the employer sanctions issue. As I said earlier, I do not want the government to pick up that argument and run with it. I think the government should answer many of the questions raised by Senator Nettle in a way that at least satisfies some of the issues Senator Nettle has raised.