Mr ALBANESE (10:15 AM) —I rise to comment on the acceptance of the amendments moved by the Australian Labor Party which make the Superannuation Legislation Amendment Bill (No. 3) 1999 fairer and better for small business and better for superannuation. These amendments stop discrimination against same sex couples, as one of the objectives was to raise that aspect of the legislation. The amendments will allow do-it-yourself funds to be set up with same sex partners as trustees of the fund, whereas the original legislation that the government brought before the House would have specifically excluded same sex couples. The government went out of its way to entrench discrimination in the original bill. I also participated in that debate.

I am pleased the government has chosen to accept all of the Labor Party's amendments to this bill. It is unfortunate that Senator Kemp, the minister in the Senate, put on record his reason for accepting these amendments. He stated:

We still prefer the approach the government took but the government recognises we do not have the numbers.

So it has nothing to do with principle, equity, fairness or improving superannuation funds. It is that the Australian Labor Party, with the support of the minor parties in the Senate for our amendments, had a majority on the floor of the Senate. When I spoke to the Superannuation Legislation Amendment Bill (No. 4) 1999 on Monday of this week, I indicated that, if the government failed to take up the opportunity to support my private member's bill on the Superannuation (Entitlements of same sex couples) Bill 1998 —which has been before the House for almost two years—I would be moving an amendment to a future SLA bill to ensure that discrimination was removed.

The fact that the government has accepted, however reluctantly, do-it-yourself funds for this legislation shows that, at the end of the day, it accepts that change is inevitable. It accepts, with regard to superannuation, that the current discriminatory provisions are unacceptable to those people who have same sex partners, to the superannuation industry and to bodies such as the Human Rights and Equal Opportunity Commission which, under Commissioner Chris Sidoti, handed down a report—tabled in this parliament—that showed it was contradictory to a number of conventions of the United Nations and also of the International Labour Organisation.

So the government has been dragged kicking and screaming towards a bit of reform and a bit of recognition for what is appropriate at the end of this century. I am pleased with this breakthrough and I congratulate the shadow minister, the member for Wills, and also Senator Conroy for pursuing fairness and equity on these issues. The shadow Treasurer attended the launch of a petition by the Body Shop about removing this discrimination. The theme of that campaign was `Same sex; same rights'. The shadow Treasurer in lending his support to that campaign also showed the substantial support there is from the private sector for equality on this issue.

I am pleased the government has accepted these amendments. I am pleased that reform is occurring and that discrimination is being removed. However, I remain dismayed that the government cannot even show a bit of goodwill by saying, `These are good amendments.' Instead, it resorts to saying, `It is just because we did not have the numbers.' That shows exactly what this unfair, uncaring, discriminating government is all about.