Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

My question is to Senator Ludwig, the Minister representing the Attorney-General. Prior to the last election, Labor clearly proposed that it would take legal action against the Japanese government over whaling in the Southern Ocean. When will the government commence this legal action?

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

Australia, as the opposition knows, strongly opposes Japan’s so-called scientific whaling program. The government is very carefully considering international legal action. We will of course make a judgement about legal action at the appropriate time. In so doing, we will consider in an orderly and sensible manner the relevant legal advice and the evidence collected by the Oceanic Viking. The opposition should appreciate that we will do it in a considered way and in a way that ensures we examine all the relevant evidence and we then also examine legal action. Of course, legal action is only one possible element of our comprehensive package of initiatives to stop Japanese whaling.

We are, as the opposition would know, increasing our diplomatic pressure through a range of initiatives, and we will continue to engage in dialogue with the Japanese government. As clearly evidenced last week, we have engaged with the Japanese government. The government of course would prefer to find a diplomatic solution to the dispute. That would be the best and most appropriate course of action. However, the government has not given up on legal action. We continue, as I have said, to carefully consider it as an option. The outcomes of diplomatic initiatives, together with all other relevant considerations, will inform the government’s ultimate decision on legal action.

It is a matter on which we have examined other means, and of course they are diplomatic. One would expect that the opposition would allow those diplomatic courses to run prior to calling for legal action to be commenced. One would also expect that, in examining legal action, we would carefully consider all of those matters and carefully consider what our options are with that if we are minded to pursue those. The government has received advice about legal action, but it would be—as the opposition rightly recognises—inappropriate to reveal the contents of the advice that has been received. That advice will of course be taken into account by the government in deciding whether to commence legal action against Japan.

But we will consider all of these matters in due course. They are matters that we do need to be mindful of. The opposition want us to rush ahead into these matters, but this government is taking a responsible approach. The opposition, during their 12 long years in government, did not take the initiative and did not pursue these issues with the considered action that we have. The Oceanic Viking was sent down to the area to gather evidence and to examine it in a sensible and careful way. What the opposition did, when they were in government, was sit on their hands. We have also considered diplomatic approaches, unlike the opposition when they were in government. We think that we should let that course run.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. The minister indicated that the government has a considered and rational approach and other measures. Is it a fact then, Minister, that the inordinate delay in appointing the whaling envoy is due to the unavailability of the government’s chosen candidate, Mr Sandy Hollway?

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

The government, as I have said, is carefully considering international legal action against Japan. Obviously it would be counterproductive to the successful running of such a case to release details of its preparation and to talk about these matters of appointments and the like. This government is serious about ensuring that we bring an end to scientific whaling or whaling in those protected areas. I understand that there is conjecture around that; it seems to be from the opposition. If you press about what the current position is: under the whaling convention there is currently a worldwide moratorium on commercial whaling, unlike what the opposition may think. In respect of the previous government’s position on this, they raised the issue of what former Senator Ian Campbell did. (Time expired)

Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Link to this | Hansard source

Mr President, it is with great pleasure that I ask that further questions be placed on the Notice Paper.