Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

In relation to the ministerial statement regarding the IRGC, I move:

That the Senate take note of the document.

In the ministerial statement from the Minister representing the Attorney-General, the government has once again refused to comply with orders of the Senate in relation to documents relating to the terrorist organisation the Islamic Revolutionary Guard Corps. The government is disrespecting the Senate by once again refusing to provide these documents and, in doing so, relying on the public interest immunity claim that has already been rejected by this chamber.

Let's be very clear about what has happened and the Albanese government's lack of transparency and disrespect of the decisions of the Senate. Because of a freedom-of-information request submitted by a member of the community, we know that the Attorney-General's Department is in possession of documents related to the IRGC dated 11 January 2023, titled 'Statement of Reasons' and 'Nomination form—criminal code'. The Attorney-General's Department last year refused to release of documents under freedom of information. Then, when the Senate towards the end of last year sought access to these documents, the government refused to provide them, citing national security concerns if they are released. So then the Senate sought for the documents to instead be provided confidentially to the Parliamentary Joint Standing Committee on Intelligence and Security. Incredibly, the government has refused to provide the documents confidentially, even to that committee—a committee of this parliament which ensures that we have oversight of intelligence and security matters. Now, despite the Senate quite appropriately rejecting the public interest immunity claim, because the government has absolutely failed to offer a legitimate reason as to how our national security could be harmed by these documents going to the PJCIS, the government has again today refused to comply with this order.

What we know from the existence of these documents is that government agencies know that the IRGC is involved in terrorism. There is no reason for government agencies to develop a nomination form or a statement of reasons unless there is a strong indication that that group is involved in terrorist activity. It is no surprise to anyone here that agencies would believe that to be the case, because the IRGC has an extensive history over decades of involvement in terrorism. We know that they work closely with listed terrorist organisations, including Hamas and Hezbollah; we know that they are a key player in the attacks against US and coalition forces by the Houthis and by other Iranian proxy groups, including the Islamic Resistance in Iraq group; and we know that our closest ally, the United States, have stated clearly on the public record that the IRGC are behind these attacks, and they have in fact had to take military action against IRGC affiliated groups to try to prevent further attacks. So there is no secret at all that the IRGC is not only historically involved in terrorism but also involved right now in stoking and helping to carry out violence in the Middle East.

What are these documents that the government is refusing to release to the Senate or to the PJCIS? The protocol for listing terrorist organisations says:

In considering an organisation for listing, the Australian Federal Police (AFP) Minister (in practice the Attorney-General) considers advice in the form of an unclassified Statement of Reasons. This addresses both legislative and non-legislative criteria.

The Statement of Reasons is made available to the public. It provides transparency about the AFP Minister's satisfaction that the organisation meets the legislative threshold for listing.

The Statement of Reasons is prepared based on unclassified, open-source information about an organisation. It is intended to corroborate classified intelligence assessments from relevant agencies.

This statement-of-reasons document that the government refuses to release either by FOI or by order of this Senate was prepared by the Department of Home Affairs based on unclassified open-source information and is designed to be made available to the public following a listing decision. It is important to be clear that this government is not mounting the argument that this information is incorrect or that the IRGC is not involved in terrorist activity or is not a threat to Australians, because we all know that the IRGC is both of those things, and certainly I think the government knows it as well.

We know that in the two weeks after the statement of reasons and nomination form were prepared, the government suddenly developed this position that it was legally impossible to list the IRGC as a terrorist organisation, a position which, I should say, they have never sought to substantiate. So we have one government agency with responsibility for national security preparing documents for the listing of the IRGC but then others in government rushing out a decision that it can't be done. The really worrying thing here is that, despite the fact that the coalition has repeatedly offered bipartisan support to remove what the government claims is a legal technicality preventing the listing of the IRGC, this government refuses to even consider drafting amendments, and that's why the government should release these documents.

It is the responsibility of this parliament to make sure that our criminal and security laws are operating effectively to keep Australians safe. What the government is doing by blocking the release of these documents—developed, as I said, based on public, open-source information—is to try to keep secret the reasons that the government knows about the risk and the threat of the IRGC to Australians. This government's lack of openness and transparency is disgraceful. It is no wonder that the Iranian diaspora here in Australia are so alarmed and disturbed. I seek leave to continue my remarks later.

Leave granted.

Paul Scarr (Queensland, Liberal Party, Shadow Assistant Minister for Multicultural Engagement) Share this | Link to this | Hansard source

I also rise to take note of the response to this order for the production of documents. I would like to commend Senator Chandler on her great advocacy in this matter. I note that it is greatly appreciated by the Australian Iranian diaspora in my home of Queensland. I thank you so much, Senator Chandler, for everything you are doing in this space. On Saturday evening, I attended an event of the Kurdish Society of Queensland as they celebrated their new year, the beginning of spring—the Newroz celebration. So many members of that Kurdish community in Queensland come originally from Iran, where they suffered persecution. This is a matter of great significance to the Iranian diaspora here in Australia given what has been happening in Iran.

The Islamic Revolutionary Guard Corps should be declared a terrorist organisation because it is a terrorist organisation. All the objective evidence is to that effect. They operate as a terrorist organisation outside of Iran, supporting other terrorist organisations. There is no doubt in my mind that they should be deemed to be a terrorist organisation. As Senator Chandler said, if there is some sort of legislative impediment then the government should work with the opposition to address that legislative impediment. I'm sure members of the crossbench would also be open to addressing that impediment, given the horrific things that we are seeing in Iran and elsewhere that are intimately involved with the Islamic Revolutionary Guard Corps.

But the first step is transparency. There is no legitimate reason provided by the minister as to why these documents should not be produced—absolutely no legitimate reason whatsoever. The government needs to consider this point. I'm sure Senator Chandler will keep prosecuting the case, as she has been ably doing thus far. In doing this, Senator Chandler will have the support of senators such as me and all of us in this place who are close to our wonderful Iranian diaspora and who want to see justice done in this case, which equates to the Islamic Revolutionary Guard Corps being declared to be a terrorist organisation.

David Fawcett (SA, Liberal Party) Share this | Link to this | Hansard source

Do you seek leave to continue your remarks?

Paul Scarr (Queensland, Liberal Party, Shadow Assistant Minister for Multicultural Engagement) Share this | Link to this | Hansard source

I do.

Leave granted; debate adjourned.