Senate debates

Wednesday, 28 November 2018

Bills

Modern Slavery Bill 2018; In Committee

5:51 pm

Photo of David LeyonhjelmDavid Leyonhjelm (NSW, Liberal Democratic Party) Share this | Hansard source

I oppose the Modern Slavery Bill 2018. I suspect the Liberal Democrats will be the only party opposing this bill. It is not because the Liberal Democrats are evil, even though those in politics, the media and the public who are fond of caricature and incapable of nuance would have you think so. We oppose the Modern Slavery Bill 2018 because it will do no good and at the same time it will do real harm. The bill does no good because Australian criminal law already prohibits modern slavery in Australia and abroad. Australian police already enforce these laws within their powers and Australian governments already provide services to victims. I'm sure those keen to show how virtuous they are would like to be able to ban evil things twice, but, alas, this is not possible.

What this bill actually does is impose reporting requirements on around 3,000 organisations in Australia. These reporting requirements will cost each organisation, on average, around $22,000 a year. This is a $66 million annual burden, where the $66 million would otherwise be spent on useful things. Imposing this reporting requirement makes us all a little bit poorer, and for what? Can anyone imagine a scenario where a reporting requirement stops some modern slavery?

Organisations are being asked to prepare reports on risks of modern slavery in their supply chains. Modern slavery is not simply about workers in chains or even just servitude and forced labour, but includes debt bondage, forced marriage and human trafficking. No-one would disagree with the desire to ensure none of these were occurring, but, if there is any modern slavery in an organisation's supply chain in Australia, someone is guilty of a serious criminal offence. These things are crimes. I can't see how the organisation will confess to this to the police by writing it up in a report. Even if there were no fear of criminal prosecution, what organisation will ruin its own reputation by reporting that there are risks of modern slavery in its supply chains? This is akin to asking everyday Australians to report to the police whether they have done anything criminal—as if those who had done something criminal would admit to it.

If there is modern slavery in the supply chain overseas, how is a company in Australia to know?

Sure, it can ask, but what credence could be placed on the reply? Can you imagine an overseas supplier telling their Australian customer: 'Oh, sure. We have slaves working for us'?

Let me pull out my crystal ball and give you a glimpse of the future. Each of the 3,000 organisations will say they oppose modern slavery and are diligently ensuring that any risk of modern slavery is being addressed in their supply chains. There will be no scrutiny of the reports, noting that today's bill provides for no scrutiny whatsoever. There will be no hot leads for our police to pursue. No behaviours will change, and 3,000 reports will gather dust. What a complete waste of time. But what an invitation to future governments to make it compulsory to report, as Labor already wants to do, to make it illegal to buy from suppliers until they report and to get certified at significant cost, of course, with some NGO providing the certification and clipping the ticket. That's no fantasy either: we've already got that with the importation of timber.

The world has gone mad, falling over itself to demonstrate its virtue. It might be fashionable to support this modern slavery bill, but fashion has obviously never been my concern. The Liberal Democrats do the right thing, and the right thing here is to oppose this pointless bill.

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