Richard Di Natale (Victoria, Australian Greens) Share this | Link to this | Hansard source

My question is for the Minister representing the Prime Minister, Minister Brandis. Today is Harmony Day. The date is chosen because it falls on the United Nations International Day for the Elimination of Racial Discrimination. The United Nations human rights chief today called on governments to adopt legislation expressly prohibiting racist hate speech. He did that today, the very same day that the Prime Minister has decided to wind back protections on racist hate speech. I just ask you, Minister: what is next? Are you going to use White Ribbon Day to cut funding for domestic violence services—again? Are you going to use the international day for children to reintroduce labour laws for kids? What next?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Senator Di Natale, I am bound to say that I am disappointed in you that you would make a cheap political point about violence against women. You should hang your head in shame. Nevertheless, Senator Di Natale, the government has on Harmony Day strengthened the protections against racial vilification in the Racial Discrimination Act by extending its protections against harassment. There was no protection against racial harassment in Australian law. There is against sexual harassment under the Sex Discrimination Act, but there was no protection against racial harassment, and now there will be.

Senator Di Natale, I know you are fond of quoting experts from the academy. Let me recite to you some of the experts from the academy who have said that section 18C should be reformed or revisited: the Australian Law Reform Commission; Professor Gillian Triggs; Professor George Williams; Mr David Marr; the former human rights commissioner Sev Ozdowski; Justice Ronald Sackville; Professor Sarah Joseph, from the Castan Centre for Human Rights Law; and your former colleague from Western Australia Christabel Chamarette, among others, all of whom have in the recent past gone on the record to say that section 18C in its current form is poorly worded, and it is, if only—Senator Di Natale, if you would care to listen—for the fact that it omits from the categories of prohibited conduct racial harassment. How can you have an anti-racial-vilification law that does not prohibit racial harassment? That is the vice that this government is seeking to correct while at the same time protecting Australians' freedom of speech, as it should.

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

Senator Di Natale, a supplementary question.

Richard Di Natale (Victoria, Australian Greens) Share this | Link to this | Hansard source

Through you, Mr President, yes, we are listening to people. We are listening to people who are affected by racist hate speech. We are listening to people like the young Lebanese woman who said that she had been spat on and spat on, had been screamed at and had been called a wog, hated it when she was a kid, hates it now and will do anything to keep 18C. Minister, why does the coalition believe it is okay for people like this woman to be humiliated, insulted and offended on the basis of their background?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Well, Senator Di Natale, we do not, but what we do believe is in writing laws that will protect the interests of the young woman whom you have instanced and anyone else in her position. Now, Senator Di Natale, I am not familiar with the particular case you cite, but nevertheless, if the young woman to whom you refer was subject to that behaviour, then plainly she would be protected by the government's amendments because that behaviour would constitute harassment and intimidation. It may or may not, by the way, constitute offence or insult, but it certainly would constitute harassment, which is the very thing we are moving to outlaw.

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

Senator Di Natale, a final supplementary question.

Richard Di Natale (Victoria, Australian Greens) Share this | Link to this | Hansard source

I will ask a very straightforward question. Minister, how many times have you been approached by ordinary people in the street, not right-wing—

Opposition Senators:

Opposition senators interjecting—

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

Order on my left! Order! Order on my left! We will reset the clock, Senator Di Natale.

Richard Di Natale (Victoria, Australian Greens) Share this | Link to this | Hansard source

I might rephrase that. Minister, how many times have you been approached in your chambers or in the Melbourne Club not by your mates in the media, not by members of the IPA, not by party hacks but by ordinary people, who say, 'We are feeling so overwhelmed right now, we want to be more racist; we want a right to be a bigot'? How many times has that happened to you, Minister Brandis?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Well, Senator Di Natale, unlike you, I do not think the Australian people are racist. And I have never been approached by anyone who says, 'I want to be more racist' because I do not believe the Australian people are a racist people; I do not. I, Senator Di Natale, am proud of the tradition of tolerance, decency, fairness and acceptance of the Australian people and so, Senator Di Natale, ought you to be.