Senator CARR (12:48 PM) —I support the motion moved by Senator Faulkner on the question of sending a message to the House of Representatives concerning the Human Rights (Mandatory Sentencing of Juvenile Offenders) Bill 1999 which, as has been clearly pointed out to us, was passed by the Senate on 16 March. The primary focus of such debates is to demonstrate urgency. This has been a time-honoured tradition in this place. I think there could be no easier case to demonstrate in regard to such a measure than this particular one.

We have Senator Hill saying that no urgency applies. I think that this is a situation where we can clearly demonstrate that the bill was introduced to this chamber five months ago, was passed by this chamber and was presented to the House of Representatives, and there has been ample opportunity for the government to consider it. And, of course, it contains a matter of such urgency that it requires immediate government action. I think it is important for this parliament to intervene and to say that the time has passed when we can allow the deaths in custody of children in this country. We have a situation where the laws of various states and territories are forcing young people into incarceration for petty crimes and trivial offences and they are dying there as a result of that incarceration. I think the real tragedy here is that there is action that can be taken by this government to stop these deaths in custody. Action can be taken to ensure that these unjust actions are prevented by governments in this country. This is a matter of urgency.

The government say that this is an awkward question for the opposition. The truth of the matter is how awkward this really is for the Liberal Party. The really awkward question is determining what it is that the Liberal Party actually stand for in these matters. The Liberals across this country, with the exception of those in the Northern Territory and some in Western Australia, acknowledge that mandatory sentencing is unjust, that it is wrong. But by the same token they say, `Well, this is a matter to be resolved by the states and territories concerned.' There is a clearly demonstrated proposition here where the government are showing no courage and no moral backbone and are demonstrating no commitment to stand up for what is clearly the correct position on such a matter.

This is a question that requires urgent action. We are entitled to ask just how long we have to wait before the government will see the need to intervene and use the provisions available to it to provide for justice within this Commonwealth. We are entitled to ask how long it will be before this government will actually stand up to various politicians in this country who are prepared to see children jailed and placed in a situation where they lose their life. We are entitled to ask why it is that we are seeking around the world to present ourselves as the moral policemen, that we are able to say around the world that we have a superior record on human rights to that of most other countries, but, when it comes to a situation that has been clearly demonstrated within this country, no action is taken. This is a matter of urgency. It is important for us not just to hold ourselves up as a moral watchdog and as God's police in the Asia-Pacific region but to actually demonstrate that we have done all that is within our capacity to ensure that all Australians have the protection of human rights legislation.

What this government has been seeking to do is to essentially operate in denial mode. It seeks to see itself as morally superior but it refuses to intervene in the state affairs of Western Australia and the Northern Territory. It seeks to deny the situation with regard to Aboriginal communities. It seeks to deny the stolen generation. It seeks to deny our appalling record with regard to the treatment of Aborigines in this country. As Australia enters this threshold period for the Olympic Games, it is increasingly going to be seen as being a country in the centre of international attention. Yet what are we doing to ensure that our reputation remains unsullied with regard to that? The government refuses to act.

This is why I say that this is an urgent matter. It requires us, as a country, to demonstrate to the world and to each other that we have the compassion and concern to ensure that human rights protections are extended to all our citizens and that children do not land in jail as a result of trivial offences because it suits the political instincts of the groups in this country which are governing at the moment. It is time to stop the actions that are being taken by these governments in Western Australia and the Northern Territory. This is an urgent manner. It requires the House of Representatives to consider this bill and to ensure that action is taken to protect the human rights of all Australians.