Senate debates

Wednesday, 17 June 2015

Questions without Notice

National Security: Citizenship

2:48 pm

Photo of Jacinta CollinsJacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

My question is to the Attorney-General, Senator Brandis. I refer to the Attorney-General's statement yesterday that the government's decision to give ministers the sole discretion to revoke citizenship was based, word for word, on the advice of the then Independent National Security Legislation Monitor, Mr Bret Walker SC. Mr Walker has stated:

… my report does not provide a justification for what they intend to do … it is not what I said, nor what I think now, and anyone who claims otherwise is wrong …

Given that, will the minister correct the record?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Senator Collins, what I actually did yesterday was read Mr Walker's words, word for word, to the senator who asked me the question—and I will read them again. I will read them again. And I invite you, Senator Collins, to read Mr Walker's report, because this is what he says at page 75:

Taking into account Australia’s international obligations, and the national security and counter-terrorism risks posed by Australians engaging in acts prejudicial to Australia's security, the INSLM supports the introduction of a power for the Minister for Immigration to revoke the citizenship of Australians, where to do so would not render them stateless, where the Minister is satisfied that the person has engaged in acts prejudicial to Australia's security and it is not in Australia's interests for the person to remain in Australia.

That is what Mr Walker said—in his words, not mine, word for word.

2:50 pm

Photo of Jacinta CollinsJacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

Mr President, I ask a supplementary question. Mr Walker obviously disagrees, Minister. Why have you misrepresented the views of the former Independent National Security Legislation Monitor—indeed, the position you wanted to abolish—who is one of Australia's leading silks?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Senator Collins, all I have done is read to you, word for word, what Mr Walker said. I have not commented on it; I have read to you, word for word, what Mr Walker said.

2:51 pm

Photo of Jacinta CollinsJacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

And very clear to Mr Walker! Mr President, I ask a further supplementary question. I refer again to Mr Walker, who has stated:

I doubt many of those citing my report have read beyond the one paragraph they refer to and that does not bode well for mature consideration or lawmaking.

Shouldn't the Senate expect mature consideration and law-making from the first law officer of the Commonwealth, rather than cherry-picking?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Senator Collins, you say 'cherry-picking'—

Photo of Jacinta CollinsJacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

Yes.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

but the paragraph that I have read is the paragraph that is most immediately relevant to the issue. I have read with care the entire chapter of Mr Walker's report, and what I have read to you is precisely what Mr Walker said in addressing himself to this issue. I have not commented on it; I have read you Mr Walker's own words.