Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Hansard source

I seek leave to move a motion to vary the conduct of business, namely a motion to defer consideration of the Human Rights Legislation Amendment Bill 2017 until Thursday 30 March 2017.

Leave not granted.

Pursuant to contingent notice of motion, I move:

That so much of the standing orders be suspended as would prevent me moving a motion relating to the conduct of business, namely a motion to defer the consideration of the Human Rights Legislation Amendment Bill 2017 until Thursday 30 March 2017.

The opposition is moving this motion and has been required to suspend standing orders in order to get appropriate time to consider the legislation which is before the chamber and to consider amendments which are not even yet before the chamber. Whatever one's views about the substance of the provisions of the government's bill—and the opposition has made its position very clear—it is a bill that makes changes to the Racial Discrimination Act and the Human Rights Commission Act and they are changes which are of critical importance to the nation. Yet the government, with some of the crossbench, has been in an obscene rush to drive them through this place. Let's recall: this bill was introduced to the Senate on Wednesday 22 March and referred to the Legal and Constitutional Affairs Legislation Committee the next day. Labor sought an inquiry process and a report in May. The government managed to get through its demand for a committee to have a single morning of hearings last Friday with virtually no notice, and then to report in a report that was tabled just now—just moments before debate on this bill is listed to begin.

It is also an absolute disgrace that this government, and the government dominated Senate inquiry, failed to call any Indigenous witness last Friday. What an absolute disgrace. When representatives of the Aboriginal Legal Service did come to the hearings and asked to be allowed to speak, they were not allowed to do so. It really does say everything you need to know about this government and its real views about freedom of speech when it denies Indigenous Australians the right to be heard on changes to anti-racism laws that it is trying to press through the Senate.

Even in the few hours of the limited public hearings, it became clear that there are a number of serious problems with the procedural changes which are being proposed in the bill. Schedule 2 of the bill alters the complaints handling procedures of the Australian Human Rights Commission. This is distinct from the substantive changes to section 18C, about which there have been a great deal of focus. It is clear from the evidence before the committee that there are a number of problems with those amendments. It has also been flagged that the government will amend schedule 2 to deal with the many problems identified in evidence last week. On Friday, their own officers said there were problems with schedule 2 of the legislation, including in relation to the procedural changes which are proposed. The government has flagged that it is going to move amendments to its own legislation. Where are they? We are about to start debate on the bill. I invite you, Senator Brandis, to table the changes now, because your officers have flagged them. Where are they? You are going to proceed to debate a bill when you have not even provided to the chamber the amendments to schedule 2, which were flagged on Friday. What that really shows is what a sham this all is.

Do you know why they want to debate it and get it done? Because they just want to lose it quickly and get it off the agenda. As long as Senator Xenophon and his team stick to the position they have articulated for some time, this bill will fail, except for those aspects of schedule 2 of the procedural changes in relation to which there may be a majority in this chamber, including some that the opposition may support. We flagged in-principle support for some of the issues raised. But no, the government do not want to actually have a constructive discussion. They want to just drive it through and lose it quickly so it can be taken off the agenda. Do you know what that really shows us?

It really shows us that the object of this bill is entirely internal. They are not actually interested in getting changes through, because, if they were, Senator Brandis might have broken the habit of a lifetime and actually had a negotiation with someone, actually had a conversation with someone, actually provided something to the opposition and to the crossbench in relation to those areas where there might be majority support for the change that is the procedural aspect of this legislation.

But, no, we do not have any of that; we have the government insisting on bringing this in today, tabling the report just moments before I got to my feet and not providing us with the amendments that they themselves have flagged. Let us understand this. The government have flagged amendments to a bill that they want you to start debating when you have not seen the amendments. If the crossbenchers are not concerned about that, with respect, they ought to be. The government should at least have the courtesy, before the debate commences, to show the Senate the changes which they are proposing.