Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

My question is to the minister representing the Minister for the Environment, Senator Birmingham. In the 2013, the coalition promised to continue action to stop whaling in the Southern Ocean by committing to send a Customs vessel. What action is the government now taking to monitor the illegal Japanese whaling in the Southern Ocean? And can the minister update the chamber on how many whales have been illegally slaughtered this year?

Simon Birmingham (SA, Liberal Party, Minister for Education and Training) Share this | Link to this | Hansard source

I thank the senator for his question. This government, as indeed all of the preceding governments of all political persuasions, is very disappointed by Japan's actions in relation to whaling in the Southern Ocean. The Australian government has raised the matter regularly at the highest levels of government, including by the Prime Minister, the foreign minister and the environment minister. We remain opposed to all forms of commercial whaling and strongly support the global moratorium on commercial whaling. The Australian government welcomed the decision of the International Court of Justice, in March 2014, that found that Japan's whaling program in the Southern Ocean was not for the purposes of scientific research and ordered that program to cease. It is Australia's view, and the view of many other countries, that the International Whaling Commission has not completed its review of Japan's new whaling program and that Japan should refrain from any whaling until this process is completed, in late 2016. The International Court of Justice has found Japan's whaling program was unlawful and not for the purpose of scientific research.

Stephen Parry (President) Share this | Link to this | Hansard source

Pause the clock. Senator Whish-Wilson, do you have a point of order?

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I have a point of order on relevance. My question related to the promise by the coalition—Senator Colbeck and Minister Hunt—to send a Customs vessel to patrol and monitor Japanese whaling. I asked if that had occurred and what information they could share about how many whales have been slaughtered in the Southern Ocean this summer?

Stephen Parry (President) Share this | Link to this | Hansard source

I will remind the minister of the question and advise the minister that he has 54 seconds in which to answer.

Simon Birmingham (SA, Liberal Party, Minister for Education and Training) Share this | Link to this | Hansard source

It is the Australian government's view that Japan should not be undertaking these actions and we have made that very clear to the Japanese government. It is also the view of the Australian government that in terms of what may be happening in the Southern Ocean these are matters that we will not specifically comment on, but we will make sure that we follow all the proper processes in our engagement with Japan and other nations through the International Whaling Commission with the evidence becomes available as it does through all of the usual IWC processes.

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. The government has previously announced these details. In 2013, Minister Hunt said, 'The government must make a statement immediately. Have whales been slaughtered in Australian waters, if so what are they going to do about? Whaling should never be occurring but for it to occur in Australian waters is an utter failure in Canberra.' This was when he was in opposition. Was Minister Hunt right then? And what is different, now, three years later? Why won't you disclose information about what the Japanese are up to in the Southern Ocean?

Simon Birmingham (SA, Liberal Party, Minister for Education and Training) Share this | Link to this | Hansard source

I am not sure if Senator Whish-Wilson is suggesting that action is occurring in Australian territorial waters? If he is, then I would be interested and happy to come back to the chamber on any specific claims that he may make. But otherwise, of course the Australian government does monitor Japan's actions overall, very closely, and we continue to make the strongest possible representations, not just directly to Japan, but through all of the proper processes including through the IWC.

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. On that subject, back in October last year when Japan pulled out of the International Court of Justice, with issues related to whaling, the government made several statements about seeking further legal advice. Can the minister update the chamber on what this legal advice entailed? And outline what legal steps the Australian government is taking to prevent future whaling in the Southern Ocean?

Simon Birmingham (SA, Liberal Party, Minister for Education and Training) Share this | Link to this | Hansard source

I am sure it will come as no surprise to Senator Whish-Wilson, because I think we discussed these matters in Senate estimates as well, that we will not be releasing the government's legal advice on these matters either through Senate estimates or through the Senate chamber. These are matters that inform government thinking and it would potentially be prejudicial to any future action the government may take to release such advice through the Senate.