Kristina Keneally (NSW, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

I rise to speak on the Australian Citizenship Amendment (Citizenship Cessation) Bill 2020. I say from the outset that Labor welcomes this legislation and will be supporting it. This legislation fixes a significant problem in the bills that were passed in 2015 to remove citizenship from those dual citizens who have engaged in terrorist conduct. There was a flaw in that bill passed by the government—a flaw that was pointed out by Labor at the time, a flaw that has been called out by the Independent National Security Legislation Monitor, who said that the mechanism or the provisions in that bill for automatic loss of citizenship by conduct were flawed and should be immediately repealed and revoked.

ASIO has called for this law to be repealed and for a new model providing for the loss of citizenship for those dual citizens who have engaged in terrorist conduct to be put in place—that is, to move from the automatic loss of citizenship by conduct to a decision-making model whereby the minister makes a clear decision based on evidence provided to him or her that citizenship should be revoked and it is in Australia's national security interest that citizenship be revoked. It's important to understand that ASIO's view is that it is not always in Australia's best interest for citizenship to be revoked from a dual citizen who is engaged in terrorist conduct; it might be in our better interests for that person to retain citizenship either to gather information or to prosecute that person for those serious offences.

So, in the short time I have remaining, in anticipation that we may have less opportunity throughout the day to contribute to this debate, I make clear that Labor will be supporting this legislation. We wanted it passed this sitting week, and I look forward to the government facilitating that happening before parliament rises today. This is important national security legislation. I do draw the chamber's attention to the additional comments Labor senators have provided in the Parliamentary Joint Committee on Intelligence and Security in relation to the matters which we remain concerned about in this bill—things we would have done differently—but we are not going to let the perfect be the enemy of the good. This is a long-overdue reform. It should have been brought by the government earlier. It is time that they gave ASIO the powers that they want and need, and on that basis Labor is happy to provide support to the government for this bill to pass through the chamber today.

I note the Greens have indicated they are going to oppose this legislation and on that I say shame on them. It is important that our national security agencies have the powers that they need to deal with terrorist conduct. We take on board the advice of the national security agencies and we will be supporting this legislation.

Debate adjourned.