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

The Labor Party understands the position that the Democrats are putting in this debate. It is a matter they have diligently been progressing this evening in a range of other legislation and during the week. The Labor Party’s position on this has been articulated by me and by others. We have said that, if these are tagging amendments, we understand and support the principle but we are not going to agree to the actual amendment. This is, on balance, one of those in that frame.

It is also the case that we do not want to contribute without some idea of what the cost would be. No costings have been provided. As we have said, Kevin Rudd is a fiscal conservative and he is not going to allow these things to provide an attack on the budget. We do not think that they are matters that go to the budget issue per se. They are, by and large, moral issues. Labor has proposed a way of dealing with this. The Human Rights and Equal Opportunity Commission has provided a way forward and a model that Labor prefers. I understand that it differs from the model that has been put forward by the Democrats. We also think that the process of an audit to look at the Commonwealth legislation and the Commonwealth regulations, guidelines and procedures does need to be progressed in a meaningful way to ensure that there is meaningful removal of discriminatory provisions within the legislation. It is no easy task and it is even more difficult from opposition.

On that basis, we are not prepared to support the amendment. I do not use the word ‘oppose’ in this instance. I do understand that the Democrats have been consistent in this principle. But I think that the Democrats understand the position that I have articulated. We have a similar view but perhaps a different way of getting there. We are not going to manage it from opposition by amending the government’s legislation. It is a matter that will take some time for a government to do.

We have heard this evening from the Minister representing the Attorney-General in this place that the government is considering it. I think the words, although they seemed to warm his heart, were a little hollow. The government has had 11 years to deal with this matter. The HREOC report has been released and available, and they have not commented on or provided a response to it in a meaningful way. That is a shame. This government, even in the last week of this session—that is, potentially, if you believe the Treasurer—has not really provided support or clear direction in this area by using the phrases ‘we will’ or ‘we will commit to’ or ‘the coalition will’. They have been saying ‘considering’, and unfortunately Labor knows what that in fact means. It means: ‘We will consider it for a very long time and try not to do anything unless absolutely forced into it.’