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Monday, 6 April 1998
Page: 2096


Senator BROWN (6:00 PM) —It is extraordinary to make a call to the Greens and Democrats but not to Senator Harradine on this. It is extraordinary to in some way or other feel that the wider parameters that the amendment we are pursuing with Labor gives to ensure that Aboriginal people are not cut out in being able to register a claim is not a better position than the constricted one that Senator Harradine brings forward, but then to say that it is not Senator Harradine that the appeal should be made to. The Labor Party has brought forward the position that Senator Harradine took in December last year. Senator Harradine is sliding away from it and Senator Bolkus says, `Hey, Democrats and Greens, let's slide too because all will be lost otherwise.' How about Senator Bolkus appealing to Senator Harradine to hold his ground for once?


Senator Bolkus —I've done that for a while.


Senator BROWN —How about doing it in the chamber if you have been doing it for a while? How about asking him to have some resolve as far as the rights of the indigenous people are concerned? Senator Bolkus said that in the case of Great Keppel Island, where the people were dispossessed in the 1920s or thereabouts, if one person has still got a connection through a parent who was brought from Great Keppel Island they will be right. The question immediately becomes: what happens if that one person dies?


Senator Bolkus —We had better hurry up and pass the bill.


Senator BROWN —It is not a trite matter, it is a very important question.


Senator Bolkus —Of course it is important.


Senator BROWN —It is not a case of hurrying up and passing the bill. It just shows you how brittle it is to draw a dividing line, as Senator Harradine is doing—and one that is so close.


Senator Bolkus —What is the difference?


Senator BROWN —Exactly right, and that is why Senator Harradine's position is not the same as or close to what we have got. It is a very big concession to the government, against the interests of the indigenous people. Without knowing it, you have argued that very cogently. If one person dies out of a clan group it loses its right to register a claim, even though the clan group as a whole has a tradition and an attachment to their island, to their land. Why should we be cutting those people out through an amendment that Senator Harradine has brought forward to try to make the government see this as being more acceptable? Why shouldn't we leave it to the court? Why shouldn't we leave the registration available to people who have a legitimate claim? Why shouldn't they have their day in court? These are all legitimate questions.

I again put to Senator Minchin, who is representing the government, the question I asked earlier—and I will keep going until I get an answer—


Senator Calvert —If you give him a chance to get up he might be able to answer a few questions.


Senator BROWN —Senator Calvert, you have been noticeable by your failure to get up at any stage in this process today, so you should not be giving injunctions to me. The question to Senator Minchin is: on the weekend on Channel 7 were you saying that any visit to traditional land is going to be enough to be a connection which will give that claimant the right to proceed with registration? If you were not saying that, what is the level of visitation that is required to give a traditional connection with the land?