Senator ALLISON (Leader of the Australian Democrats) (3:05 PM) —My question is to the Minister representing the Minister for Foreign Affairs. Is the minister aware that the British government has had all of its alleged prisoners of war repatriated from Guantanamo Bay, that the Australian citizen David Hicks has now been a prisoner at Guantanamo Bay for four years, that the United States recently refused the United Nations full access to the prison and that the British Prime Minister, Tony Blair; the German Chancellor, Angela Merkel; the Secretary-General of the United Nations, Kofi Annan; and leading international jurists have all condemned Guantanamo Bay? What efforts have the government made in the light of Prime Minister Blair’s condemnation of the facility to secure the release of Mr Hicks? How long will the government allow Mr Hicks to remain a prisoner of the American forces at Guantanamo Bay?

Senator COONAN (Minister for Communications, Information Technology and the Arts) —I thank Senator Allison for the question. In dealing with matters to do with Mr Hicks over past months the government has emphasised to the US administration the need for Mr Hicks’s case to be resolved as expeditiously as possible, consistent with the interests of justice. We expect Mr Hicks to face charges overseas. Like all Australians, the government appreciates that that is not necessarily the approach of all governments. But that is the approach that the government has consistently maintained in respect of the detention of Mr Hicks.

But it is fair to say that the problems of delay are a matter of concern to us. The latest stay, which was made some time ago, as Senator Allison would be aware, is the result of an application by Mr Hicks himself. In November 2005, the United States district court granted a stay of Mr Hicks’s military commission proceedings. The stay is likely to remain in place until the United States Supreme Court issues its final decision in the case of Hamdan v Rumsfeld. Earlier delays in Mr Hicks’s trial were caused by continuing challenges in the United States domestic courts as to the legality of the military commission process by the United States domestic courts.

The government is aware that amendments to the United States National Defence Authorisation Act may affect the rights of foreign detainees to appeal to the United States federal courts. The amendments provide that the United States Court of Appeals for the District of Columbia Circuit has exclusive jurisdiction to hear appeals from any final decision issued by the military commission. At this stage, it is unclear what effect these provisions will have on the current Supreme Court proceedings or Mr Hicks’s military commission. As to Mr Hicks’s application for United Kingdom citizenship, the government takes the view that that is entirely a matter for Mr Hicks and the United Kingdom government.

Senator ALLISON —I ask a supplementary question, Mr President. Prime Minister Blair said today in the House that Australia and Great Britain shared fundamental values, including freedom. Would the minister explain how the Australian values of freedom, justice and fairness are the same as the British values of freedom, justice and fairness? How is it that the British Prime Minister fought for the freedom of his citizens in Guantanamo Bay while Mr Hicks languishes in Guantanamo Bay?

Senator COONAN (Minister for Communications, Information Technology and the Arts) —I am not going to, on behalf of the foreign minister, engage in some quantitative or qualitative comparison between this government and the United Kingdom. I repeat my previous answer to Senator Allison that Mr Hicks’s application for United Kingdom citizenship and the course it might take is a matter for both Mr Hicks and the United Kingdom government and certainly not the Australian government.