Jacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | Hansard source

On Monday, the Leader of the Opposition addressed the House of Representatives on Labor's approach to the national security challenges presently facing Australia. As Bill Shorten said, Labor believes that our security agencies and national institutions should have the powers and resources they need to keep Australians safe from the threat of terrorism. But we also believe in safeguarding fundamental democratic freedoms. We must ensure that, in legislating to protect national security, the parliament does not damage the very qualities and liberties that we are seeking to defend from terrorist threat.

Labor has a strong record on national security. While in office we undertook a range of measures to strengthen national security, including strengthening intelligence relationships with our major allies; proscribing terrorist organisations; ensuring that our security agencies were resourced to prevent terrorist actions on Australian soil before they occurred; and building a new state-of-the-art operations centre for the Australian Security and Intelligence Organisation, ASIO, here in Canberra. In opposition, too, Labor is working constructively with the government on matters of national security.

The National Security Legislation Amendment Bill (No. 1) 2014, now put forward by the coalition, is closely based on proposals put forward by the previous Labor government and which were the subject of a Parliamentary Joint Committee on Intelligence and Security, PJCIS, inquiry and report commissioned by the previous Labor government. In particular, the bill intends to give effect to parts of chapter 4 of the Report of the inquiry into potential reforms of Australia's national security legislation, produced by the joint committee and tabled on 24 June 2013—shortly before the federal election. Some of the committee's recommendations, such as a regime for special intelligence operations, were also supported by Bret Walker SC, the Independent National Security Legislation Monitor. The proposals and inquiry that led to this bill were initiated by the previous Labor government because we recognised that our national security framework needs to keep pace with changing threats and changing technologies and that laws that dated back as far as the 1970s need to be reviewed to ensure that they are appropriate to the current national security environment.

However, the origin of the current bill does not mean that the Labor opposition has given a blank cheque to the government for whatever changes it wishes to make to our national security laws. As Labor has consistently argued, while we support the appropriate extension of the powers of our intelligence agencies to meet Australia's security needs, it is critically important that these powers be appropriately balanced against the rights and democratic values that our nation holds dear, and that suitable checks and balances are in place to ensure that these powers are always used correctly. In this respect, it is important to note that, in recommending reforms to ensure that our national security agencies have appropriate powers to effectively gather intelligence, the joint committee also sounded a note of caution in its June 2013 report, stating that 'these intrusive powers must always be balanced by appropriate safeguards for the privacy of individuals and the community recognising that Australia is a democratic nation which values personal freedom and places limits on the power of the state.'

In addition to recommending a raft of significant changes to our national security framework, chapter 4 of the joint committee report also includes a recommendation that the government release draft legislation to the Australian public and key national security stakeholders. In accordance with this recommendation, Labor insisted that the bill be referred back to the joint committee for consideration and that the public and key stakeholders be consulted on the changes to our national security laws being proposed by the government. It is clear that this scrutiny has been valuable in allowing considered public debate and in ensuring that the bill is not only effective in furthering national security but also includes appropriate oversight and safeguards. A number of significant concerns about the government's bill were raised through the public consultation process. There has been particular concern about the definition of 'computer' for the purpose of certain warrants, about offence provisions relating to the proposed special intelligence operations regime, and about ensuring that Australia's complete opposition to the use of torture is made very clear.

In response to these and other concerns, the joint committee recommended over a dozen important improvements to the bill. For example, the committee recommended the following changes to the bill proposed by the government. They recommended reporting requirements for ASIO in any instance of use of force against a person, and close oversight by the Inspector-General of Intelligence and Security—recommendations 6, 7 and 8. They recommended the Attorney-General's approval of any special intelligence operation, including variation of a special intelligence operation or its extension beyond six months—recommendation 9. They recommended enhanced oversight of the special intelligence operation scheme by the Inspector-General of Intelligence and Security—recommendation 10. The recommended exemptions under proposed section 35P to allow disclosure of information about a special intelligence operation scheme in particular circumstances—recommendation 11—and improved clarity about potential prosecution—recommendations 12 and 13. The committee has also sought to enhance reporting requirements and obtain greater clarity in provisions relating to ASIO affiliates, secondment arrangements, computer access warrants and disclosure of information to the Inspector-General of Intelligence and Security.

We welcome these recommendations. The suite of improvements and safeguards recommended by the joint committee is ample evidence of the importance and value of the debate and scrutiny that Labor has insisted upon in the development of this bill. It is now up to the government to refine its proposed legislation in light of the joint committee's valuable work. Labor thanks the government for accepting the committee's 17 recommendations to improve scrutiny and oversight of that legislation. As we scrutinise this bill, we will ensure that the amendments to the bill moved by the government—hopefully this afternoon—