Deborah O'Neill (NSW, Australian Labor Party, Shadow Assistant Minister for Innovation) Share this | Hansard source

It is a well-asserted principle that this chamber should act where breaches are committed inside the parliament. I will take the interjection from Senator Di Natale, who protests. In the shape that it's finally arrived here in the chamber, at 11.45, after having not been shown to us in any form until after 10 am this morning, it has a modesty veil to try to pretend that it's about action here in the Senate. But everybody knows that you are riding a wave of genuine anger across this community, which we accept, but using a device that I think is quite deceptive.

It was only a matter of weeks ago that we saw this very Senate vote to suspend a member of this place for words and actions that took place in this chamber. It was proper and appropriate action but very different to the scenario that we have before us now. I repeat: that action was for behaviour inside this chamber, and that action is absolutely in accord with the rules and established practices that govern the Senate. Senator Di Natale has, at the last minute, informed the chamber that this motion is actually regarding comments made in this place. I have to question the motives of Senator Di Natale. This motion could have been circulated to all senators in this place with an appropriate level of notice that afforded people the time to reflect on its content and make an informed decision, but he chose not to do that.

In reality, the situation that's before us is that Senator Di Natale has only sought to bring this motion to the chamber today on the eve of an election and following comments made by Senator Anning in the wake of the horrific events in Christchurch. Senator Di Natale has said today that his moves to try to suspend Senator Anning are based on comments made in this chamber, but I don't think that is believable or credible to try to convince members of this place. Senator Di Natale had the chance to move to suspend Senator Anning at the time that the comments he refers to were actually made. He did not do that. Senator Di Natale had the chance at the time to take the level of action he believed necessary. He did not do that. Senator Di Natale is within his rights to move this suspension motion today, but let's call it for what it is. This is a motion that he's chosen to raise in the aftermath of the New Zealand terrorist attack and it is something that is seeking to deal with the comments and actions of Senator Anning in response to this horrific incident, which I remind him were made outside this chamber.

Today we as a Senate have banded together to condemn Senator Anning. His comments and actions were deplorable and pathetic. He's seeking to capitalise on some people's darkest hours for his own political gain. We stand against these views and we stand against this man. We have done what the Australian people expect of us. We've defiantly voted to condemn Senator Anning and to support harmony and unity over division and hate. Labor has taken our position on this motion that is before us right now because we believe that progressive voices need to be protected in this place. It would be a dangerous precedent to set where suspensions of this nature become yet another political procedural tool by conservative members in this place to silence those with progressive views. I would warn those on the Greens bench, who sometimes engage in somewhat radical political discourse and a lot of indignant posturing, against setting a benchmark that they may well be unable to meet themselves.

The motion that the Greens political party have put before the Senate today is seductive. It appears, at first glance, to be a way to vent our collective disgust, a quick-fix method to lance the boil that is festering in our nation in the form of Senator Anning. We all just want to be rid of it. Indeed, 1.4 million Australians have let us know that they feel the same. But we should not let the seduction of the undertaking of such a cathartic action blind us to the risks to democracy that lie in following the path that the Greens political party has laid out before us in this motion to suspend Senator Anning today. As parliamentarians, we are certainly servants of the people of Australia: every day, we serve the people of Australia. In this matter, I say to the 1.4 million Australians who signed that petition: we do hear you.

As we take our places on these benches, we must remember that, if we're judicious, we will also hear the wisdom of those who have served here before us, and we will acknowledge established, tried and true traditions for the sustainable practices of the parliament. I acknowledge, Mr President, your contribution this morning, which was to provide some clarity around that. We cannot act today with wisdom if we ignore the wisdom of those who have preceded us in this place. On the suspension of senators, their advice was well articulated by the President in his statement: we should not suspend senators except in the very specific circumstances that are clearly identified for us in standing orders 203 and 204. Our actions today with regard to this motion have portent beyond this day, and could fundamentally change the precedents of the Senate with regard to the suspension of senators. If we overstep the mark, what we do will likely be subject to legal challenge. I cannot see how that achieves the will of those who are, rightly, outraged by Senator Anning and yearn to see him gone from the political landscape. This parliament is one constant in a world of political turmoil that rises and falls like a tide across the history of this nation. The stability of the institution, its processes and procedures have, for the most part, served us well.

This motion and its outcome is not just a matter for today. This is not just a matter of great interest to those 1.4 million Australians who have asked us to suspend Senator Anning because of his appalling behaviour. It's of interest to every voting Australian. What we do today in this matter reveals to Australians the power of their vote to determine who comes into parliament. If we reject the Greens' motion before us, it will reveal the enduring value of the vote of each and every Australian who accepts and enacts their rights and responsibilities as citizens to determine the formulation of our parliament. Our response today matters. It shows people that we get in this place who the Australian people vote for, and we're stuck with one another. Our determination today on this motion will show one of two things: either that your vote as a citizen is very powerful and long-lasting in its impact; or that your vote as a citizen is an indication of who you want in the parliament, but senators can remove the people that you elect.

I remind senators that—despite the churning of senators we have seen through this place as the implications of section 44, the constitutional qualification, washed through here—the elected government has continued to govern and the parliament has continued to function. It has not functioned particularly well, in my view, but it has continued despite that chaos. The stability of our parliament in the changing times is something of value that we should consider here today.

Labor's decision on this motion before us has not been made lightly. This is a weighty and serious issue, and one that has been considered carefully and at the highest levels of the opposition. There has only been one occasion where this kind of action has been taken by the Australian parliament. That occurred in 1920. Mr Hugh Mahon was expelled by then Prime Minister Billy Hughes for his views on British policy and remarks about the monarchy and the British Empire. I should note that, following changes to the Parliamentary Privileges Act, neither of the houses has the power to expel. However, given the outpouring of despair that we have seen reflected via so many Australians asking us to suspend Senator Anning, it is warranted that we view a decision like the one before us today with considerable rigour. As a responsible party of government, the Labor Party does not believe that behaviour or conduct outside of the Senate chamber should be punished in this way by the Senate unless the Senate is acting in compliance with the standing orders. What the Greens are seeking to do today is to blur the boundary. They are seeking to assume a dangerous position of moral righteousness in the limelight of a looming election.

Let's be clear: I understand that the Greens have a political purpose here today. I also acknowledge that the decision the opposition have taken today may well be used by our political opponents in the course of the upcoming election. However, unlike the Greens political party, Labor are seeking the endorsement of the Australian people to form a mature and responsible government—a government that carefully ensures the value of each vote cast at an election is retained for the whole course of a parliament. Today, our decision is in keeping with those attributes.

I would like to clearly reinforce that our decision to oppose this suspension motion in no way means that we endorse the views or actions of Senator Anning. His utterances and actions are disgusting. They are dangerous. They are, quite plainly, divisive and unworthy of a person given the honour and privilege of serving our nation in this parliament. Senator Anning's opinions that have surfaced in recent weeks have no place in our community, let alone here in our parliament, and people will have their chance to speak loudly with their vote in just a few weeks time.

People with divisive views and extreme ideologies like Senator Anning, who entered this place on the coat-tails of Pauline Hanson's One Nation party, need to be sent a strong and enduring message: it will not be tolerated. The Australian people need to stand ready to deliver the admonishment that Senator Anning deserves.

I had hoped that I wouldn't have to make a speech of this kind. I had hoped that some lessons may have been learned about the negative and dangerous impacts of hate speech. I strongly urge Senator Anning to reflect deeply on his views. They are completely at odds with any civilised notion of humanity.

We are a strong community. We are a proud multicultural nation. We are a tolerant and open-minded society that warmly embraces different cultures and religions. We can clearly say today that this Senate condemns you, Senator Anning. We condemn your actions. We condemn your words. We condemn your attempts to divide Australia.

I say to Queenslanders: use your vote and reject this man and any others of his kind. The power of the vote of Australians is firmly in the hands of those who have the right to determine the character of this place. I have confidence in the Australian people.