Senator O'BRIEN (9:44 AM) —The Norfolk Island Amendment Bill 2003 [2004] amends the Norfolk Island Act 1979 to make important changes to the electoral arrangements for the residents of Norfolk Island, the most significant of which is the reinstatement of Australian citizenship as a requirement for enrolment and for election to the Norfolk Island Legislative Assembly. In short, the bill aligns the electoral arrangements on Norfolk Island more closely to those of other Australian jurisdictions. The provisions of the bill seek to extend the right to vote in Legislative Assembly elections to all Australian citizens ordinarily resident on Norfolk Island for more than six months and establish Australian citizenship as a qualification for enrolment and for election to the Norfolk Island Legislative Assembly. At the same time, the bill preserves the enrolment rights of non-Australian citizens currently on the electoral roll.

Labor support the bill, but we do question the failure of the government to take action to support the integrity of the electoral processes on Norfolk Island. The government has failed to adopt the clear recommendation of two reports of the Joint Standing Committee on the National Capital and External Territories to amend the Commonwealth Electoral Act 1918 to guarantee the integrity of electoral processes on Norfolk Island. In failing to do so, the Howard government has failed to meet its obligations to the people of Norfolk Island. This is a matter to which I will return—a matter addressed in a second reading amendment I will move on behalf of the opposition at the end of my contribution to the second reading debate. The current electoral arrangements on Norfolk Island are unique, to say the least. The arrangements do, in fact, constitute a serious anomaly in respect of Australian electoral laws in that some Australian citizens are prevented from voting in elections while non-Australian citizens are entitled to vote and stand for election.

The ACTING DEPUTY PRESIDENT (Senator Sandy Macdonald)—Order! Will the senators on my right having a loud discussion please leave the chamber.

Senator O'BRIEN —It is about time they were ejected. As I was saying, despite the protestations heard from some vocal residents of Norfolk Island, the territory is part of Australia and this parliament has an obligation to ensure that laws in all Australian jurisdictions are consistent with our obligations under international law. I acknowledge that Norfolk Island's constitutional relationship with Australia has been a matter of contention since Federation. Its unique history, combined with distance from the mainland, has generated a strong sense of identity amongst Norfolk Islanders. But I do not believe the government's proposal diminishes the identity of the islanders in any way.

I acknowledge that the Norfolk Island Amendment Bill 2003 [2004] has not been supported by some members of the Norfolk Island community; nor has it gained the support of the territory government. Senators will be aware that the Norfolk Island government has instigated two relatively recent referenda on electoral reforms. The first was conducted in August 1998 and the second in May 1999. Both resulted in a negative vote, which the Norfolk Island government has used to argue against electoral reform. It is noteworthy that the joint committee has found the design of the two referenda seriously flawed. The first referendum contained the use of emotive language, phrasing questions in order to get a particular response. For example, the following question was asked: `Do you feel that it is appropriate that the Australian government in Canberra dictates the electoral processes for Norfolk Island?' It is the sort of polling Mark Textor and the Liberal Party pull out on special occasions and it deserves no acknowledgment or support.

The Norfolk Island government has opposed the bill for a range of reasons. Its most significant argument is that Norfolk Island has a unique political system and the practical effect of the Australian citizenship proposal may disenfranchise a considerable part of the population. This point is made by the territory government because about 16 per cent of Norfolk Islanders have New Zealand citizenship. It needs to be said, though, that the purpose of this bill is not the disenfranchisement of existing Norfolk Island enrollees but rather the protection of the democratic rights of all islanders, including Australian citizens currently denied the vote.

The bill preserves the rights of non-Australian citizens already on the electoral roll. The proposed citizenship requirements will only apply to new enrollees. Non-Australian residents will have the option of taking out Australian citizenship if they choose to play a role in Norfolk Island governance, and New Zealanders may acquire Australian citizenship without renouncing their New Zealand citizenship. The local Legislative Assembly has taken some action on electoral reform, and those moves are welcome. Nevertheless, the reforms proposed in the local Legislative Assembly Amendment Bill 2003 serve to maintain a serious anomaly in Norfolk Island electoral affairs—an anomaly inconsistent with the provisions of this bill.

In March 2000 an almost identical bill was defeated in the Senate. Labor did not support the 2000 bill because the Howard government, on that occasion, failed to adequately consult the Norfolk Island community prior to its introduction. The bill was referred to the Joint Standing Committee on the National Capital and External Territories in March 2000. The committee tabled the first of two reports on the governance of Norfolk Island in August 2002, entitled Norfolk Island electoral matters. In December 2003 the committee tabled the first part of its second report, entitled Quis custodiet ipsos custodes? For those who lack the classical bent of the committee chair, Senator Lightfoot—and I am being polite—the title of the committee report is `Who is to guard the guards themselves?' That is a good question and one that the government has only half addressed in this bill.

The committee unanimously recommended some of the measures in the bill—that is, across all parties represented on the committee there was unanimity on these matters—but it also recommended, again unanimously, that appropriate legislation, including the Commonwealth Electoral Act 1918, be amended to ensure that elections and referenda on Norfolk Island are supervised by the Australian Electoral Commission. Unfortunately the government has elected to ignore this recommendation, just as it ignored the same recommendation from the same committee in 2002. Such an amendment is necessary to enhance and protect the integrity of the electoral processes on Norfolk Island. At the tabling of the committee's latest report, Senator Lightfoot said:

The committee reported that some islanders appearing before it feared for their personal safety. Many chose to have their evidence heard in private. Some witnesses feared being ostracised and believed that they were at risk of reprisal. It has been alleged that acts of arson and physical assault have been used to intimidate some residents into leaving the island.

These findings serve to reinforce the strong basis for independent supervision of electoral processes on Norfolk Island. Labor supports open and accountable democracy and believes that all Australians should be entitled to their democratic rights, not least those rights defined by the International Covenant on Civil and Political Rights. The residents of Norfolk Island are entitled to the same democratic freedoms provided to all Australians, and a democracy that is open, accountable and free from persecution or reprisal. As previously noted, there have been several reports on these matters. It is not enough for us to hear these recommendations and not put them into practice. It is now time for the Howard government to act and adopt all the committee's recommendations without delay, in order to ensure that the real democracy we have in Australia is extended to residents of Norfolk Island. I note that there has been no mention whatsoever from this government of their reasons for not accepting these recommendations.

A Labor government will ensure that the people of Norfolk Island are provided with the support to allow them to participate fully in decision-making processes for the long-term future of their community. Labor will continue to take an active interest in ensuring a truly democratic future for the Norfolk Island community. While Labor support the passage of this bill, we believe it is appropriate for the Australian Electoral Commission to assume responsibility for the administration of elections and referenda on Norfolk Island. Recognising that this matter must be addressed in close consultation with the AEC and may require consequential amendment to acts other than Commonwealth electoral laws, I now move an amendment to the question that the bill be read a second time. I move:

“(a) but the Senate notes that the Government has failed to adopt the 2002 and 2003 recommendations of the Joint Standing Committee on the National Capital and External Terri-tories to amend the Commonwealth Electoral Act 1918 to ensure that all elections and referenda on Norfolk Island are supervised by the Australian Electoral Commission; and

(b) calls on the Government to so amend the Commonwealth Electoral Act 1918 to enhance and protect the integrity of electoral processes on Norfolk Island.”