Paul Scarr (Queensland, Liberal Party, Shadow Assistant Minister for Multicultural Engagement) Share this | Hansard source

I rise to support this Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Bill 2023, which is the product of a great deal of effort by my dear friend Senator Dean Smith, and I congratulate him on his endeavours in this regard.

At the outset, I would like to address some of the comments which were just made by Senator Ciccone in response to this bill. I was pleased to hear in his opening remarks that, of course, the government has no tolerance for organ harvesting or trafficking of this nature, and that it is acknowledged by the government that the bill put forward by Senator Smith is well intended. I thank Senator Ciccone and the government for that recognition.

Where I do differ, though, is with respect to the concerns that Senator Ciccone raises—in good faith, no doubt—in relation to the bill which has been put forward. I think those concerns can be answered. The first concern is that people will simply not declare information on their incoming passenger cards. It could well be that people don't declare appropriately on their incoming passenger cards. But, to the extent that people, when they travel to Australia, do discharge their obligation under law—with penalties if they don't comply—the government will have the benefit of the data which is thereby collected.

The second point Senator Ciccone raised, with respect to the privacy of medical information, is again a valid one, but there are measures in the bill to protect the privacy of information and make sure it's anonymised. The third point he raised was in relation to the powers that the minister has, as the legislation stands, to deny visas on character grounds. What I say to Senator Ciccone is that the bill would add another point of pressure in relation to those who are involved in this vile practice. It puts an onus on an individual to declare whether or not they've actually been provided with an organ—whether or not they've engaged in or benefited from a medical procedure—and to disclose that on their incoming passenger card. If they don't do that an added point of pressure can be used to analyse whether or not their visa or entry to Australia should be prevented on character grounds. I think that's a good thing. So I think there are clear rebuttal points to the matters which have been raised by Senator Ciccone.

As with all things, this is a balance. The question we should ask ourselves as senators is: does this take us forward in terms of dealing with this vile practice of organ harvesting and trafficking or does it take us backwards? I'm absolutely convinced that this bill takes us forwards. There's no reason why we couldn't include in the bill a statutory review after a few years to assess whether or not there should be any modifications or changes to the bill. I'm absolutely sure—on the basis of the quick nodding of the head that I'm seeing from my dear friend Senator Smith—that Senator Smith would be open to such an amendment to make sure that the procedures were refined based on experience. I think all of those matters could be addressed.

I also note Senator Ciccone's reference to further recommendations made by government members on the committee looking at the bill. I agree with the recommendation around greater public education on this matter and the dangers. I agree with the recommendation with respect to increasing voluntary donations of organs, and I agree in terms of a lot of the other recommendations which were raised by government senators on that joint standing committee. But I think we can do better, Senator Ciccone, and I think we need to do better. I think this bill is part of the answer.

I firmly believe that Australia has a moral obligation—not a political obligation but a moral obligation—to raise matters of human rights abuses all over the world. I think that every time we come to this place and consider matters such as this, we need to consider the impact of the matters which we discuss in this place upon people all over the world. While some of the topics which are discussed may cause discomfort to some, I think the moral obligation to raise these issues trumps those concerns. It is in that spirit that I'm going to read the press release from the 12 UN special rapporteurs in relation to organ-harvesting allegations in China. This was their press release, released on 14 June 2021:

UN human rights experts said today they were extremely alarmed by reports of alleged 'organ harvesting' targeting minorities, including Falun Gong practitioners, Uyghurs, Tibetans, Muslims and Christians, in detention in China.

The experts said they have received credible information that detainees from ethnic, linguistic or religious minorities may be forcibly subjected to blood tests and organ examinations, such as ultrasound and x-rays, without their informed consent; while other prisoners are not required to undergo such examinations. The results of the examinations are reportedly registered in a database of living organ sources that facilitates organ allocation.

"Forced organ harvesting in China appears to be targeting specific ethnic, linguistic or religious minorities held in detention, often without being explained the reasons for arrest or given arrest warrants, at different locations," they said. "We are deeply concerned by reports of discriminatory treatment of the prisoners or detainees based on their ethnicity and religion or belief.

"According to the allegations received, the most common organs received from the prisoners are reportedly hearts, kidneys, livers, corneas and, less commonly, parts of livers. This form of trafficking with a medical nature allegedly involves health sector professionals, including surgeons, anaesthetists and other medical specialists."

UN human rights experts have previously raised the issue with the Chinese government in 2006 and 2007. Unfortunately, the Government responses lacked data such as waiting times for organ allocation, or information on the sources of organs. In this context, the lack of available data and information-sharing systems are obstacles to the successful identification and protection of victims of trafficking and effective investigation and prosecution of traffickers.

Another UN Human Rights mechanism has also highlighted concerns about the practice of removing organs from prisoners of a certain religious minority.

"Despite the gradual development of a voluntary organ donation system, information continues to emerge regarding serious human rights violations in the procurement of organs for transplants in China," the UN experts said.

Concern remains at the lack of independent oversight as to whether the consent to donation and organ allocation is effectively given by prisoners or detainees. It is also reported that families of deceased detainees and prisoners are prevented from claiming their bodies, they said.

The experts call on China to promptly respond to the allegations of 'organ harvesting' and to allow independent monitoring by international human rights mechanisms.

The Special Procedures mandate holders have been in contact with China to strengthen dialogue. They would like to continue this constructive engagement with the Government of China.

And that is the end of the release put out by UN human rights experts with regard to the allegations in relation to organ harvesting in China.

I do note that in evidence to the Joint Standing Committee on Foreign Affairs, Defence and Trade in September 2022 the Australian government referenced this report. The government has referenced this report to demonstrate its awareness and concern for global organ harvesting and trafficking activities, noting that reports of organ harvesting were deeply disturbing. That has been recognised by the Australian government, and it is fit and proper that it should do so. It should recognise how disturbing these reports and allegations are. They are deeply disturbing. It's for that reason, as much as any other reason, that I rise to speak to this bill today in support of my good friend and colleague Senator Dean Smith. And again, I commend Senator Smith for his work on this important matter.

Australia needs to do its bit. We need to continue to apply pressure in relation to this matter, to do our best to see such practices stamped out wherever they occur in the world. Some of these conversations are uncomfortable, but they must be had. We have a moral obligation to raise these issues. We can't stay silent on these issues. We have a moral obligation to raise them, and I do so in good faith here today.

In relation to the amendments provided for in this bill, it adds these requirements to Australia's migration framework. Persons entering Australia must disclose if they've received an organ transplant outside Australia within the last five years. It provides that the individual will be required to disclose the name of the medical facility where that transplant occurred, and the town and/or city and country of the facility. The information is to be disclosed by persons entering Australia via the incoming passenger card. The resulting data will then be made available to the responsible minister, who will be required to table an annual report in the parliament detailing the number of times persons entering Australia have answered that they received an organ transplant outside Australia within the last five years, and the town and/or city and country where the organ transplant took place. This is important. The parliament needs to be kept informed with respect to developments in relation to this matter. We need to have the data to make our own assessment as to whether or not the steps we're taking as a country are having a positive impact in addressing this issue, so annual reporting is incredibly important.

It also calls upon the parliament to agree to an amendment to the Migration Act 1958 to provide that a person does not pass the character test if the responsible minister reasonably suspects that the person has been or is involved in an offence involving trafficking in human organs. There must be consequences. There must be consequences for people involved in this vile practice. There must be consequences.

Australia has adopted a number of steps to address this issue, and, as I said at the outset, I see this as an additional step forward in addressing this issue. In 2005, the Australian government criminalised organ trafficking under the Criminal Code. In 2013, the Commonwealth government strengthened those provisions, and now this is the next step. This has got to be the next step in relation to the process.

Our overseas partners and allies are also taking action in relation to this matter, so we shouldn't be considering this in isolation; we should be considering this bill in the context of the steps being taken by our international friends and allies. And we shouldn't be out of step with the steps they're taking to positively address this issue. In this regard, I note that the United Kingdom amended the Human Tissue Act in the UK to deal with this issue, and also there have been steps in Canada to amend the Criminal Code in Canada in relation to this matter. So we need to be in step with our international partners.

Finally, from the bottom of my heart I wish to thank the advocates on this issue. I have met many of them in my office, in meetings. They are inspiring in terms of the work and commitment they have brought to bear in relation to this important issue, seeking to uphold the human rights of people all over the world, wherever they live.