Andrew Bartlett (Queensland, Australian Democrats) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

MIGRATION LEGISLATION AMENDMENT (END OF MANDATORY DETENTION) BILL 2006

This Private Senator’s Bill is one of a number of Migration Act Amendment Bills which I will table in the course of this parliamentary year. This bill seeks to eliminate mandatory detention which was introduced by the Migration Reform Act 1992.

The Democrats are fundamentally opposed to the system of mandatory detention of asylum seekers and we opposed the legislation which put it in place, which was passed with the support of both major parties.

The existing law regarding mandatory detention is a fundamental breach of the United Nations Refugee Convention Article 31, which states that:

The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.

Practice over more than a decade has shown that it is nonsensical to suggest that mandatory detention is not a penalty, particularly when it is regularly cited as being a deterrent against people considering entering Australia unlawfully. Australia is the only Western nation that imposes this system of mandatory detention which has been directly responsible for enormous and in some cases irreparable mental and physical damage to men, women and children alike. Numerous reports and Senate Inquiries have uncovered the horror stories which detail the severe trauma that children in particular have experienced. The case of then three year old Naomi Leong, who had spent virtually all her life in Villawood detention centre, received widespread publicity. Many people remember the horrific Four Corners report about the then seven year old boy Shayan Bedrie, who had become incapable of speaking and had regressed because of the trauma of the detention experience.

Despite the Government’s continuing claims to the contrary, there is no doubt that the law relating to mandatory detention had led to breaches of the Convention of the Rights of the Child. The failure to acknowledge these breaches and the undoubted harm done to children is a basic indication of the Government’s obsession to put border control compliance over and above every other thing, including basic human decency.

In 2005, there was a significant shift in the Australian Government’s asylum seeker policy, due in part to the actions of some Government backbench MPs in pressuring the Prime Minister to address growing community concerns about existing injustices, coupled with the need to act on the Palmer and Comrie Reports and recommendations. This has seen more children out of detention and a system for examining the cases of long term detainees. However, important though these changes are, I believe that unless the Migration Act itself is completely revamped and mandatory detention abolished, the risk for further harm and injustices is far too great. In addition to the total devastation this has caused to asylum seekers and refugees, the financial costs which taxpayers have borne are staggering.

The total costs to taxpayers for detaining asylum seekers both on and offshore since its inception is close to a billion dollars. The current operational costs of detaining asylum seekers on the mainland itself is approximately $67 million. This figure does not even take into consideration the costs of the Pacific solution on Nauru and Manus Island which according to a DIMIA fact sheet cost $188 million from its inception in September 2001 to June 2004. It does not include the additional $230 million which has been wasted on building detention centres between 2001 and 2004 or the extra $336 million which was allocated to build the new detention facility on Christmas Island.

The Democrats have proposed alternative programs to mandatory detention for asylum seekers. These are based on those developed and put forward by many NGOs and community organisations over some time, and have been proven to work humanely, effectively and more cheaply, whilst also addressing security concerns:

• All asylum seekers who enter Australian waters will be processed onshore;
• Asylum seekers will initially be accommodated for a limited period of time in facilities monitored by NGO’s, to assess health, security and social service needs;
• When this assessment is complete asylum seekers would be released into the community with financial and casework assistance whilst their application for protection is completed;
• Case work assistance will continue for those whose applications for protection are unsuccessful, to ensure they are able to meet appeal deadlines or arrange return travel; and,
• A short-term detention facility will still be required for visa overstayers and criminal deportees who are about to depart the country. This should continue to be located in a major capital city.

The costs for a policy such as the above would not only be considerably less but would also be more humane, ensure that our international obligations are met and most of all guarantee that asylum seekers and refugees’ rights are not trampled on.

The Democrats will continue the fight to end detention and other refugee and migration laws and policies that are an abuse of human rights. We believe the rationale given for detention is flawed and the human and financial cost unacceptable. I commend this bill to the Senate.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.