Senator CROSSIN (2:30 PM) —My question is to Senator Vanstone, the Minister for Immigration and Multicultural Affairs. I refer the minister to the Senate committee report tabled yesterday into the provisions of the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006. Does the minister accept the committee’s conclusions that the legislation would create ‘a new system of constructed potential indefinite detention’ and that it is ‘an inappropriate response to what is essentially a foreign policy issue’? In view of the committee’s scathing report, can the minister indicate whether the Prime Minister’s insistence this week that the bill is urgent and needs to be passed this sitting fortnight is to be reviewed? Will the government now change its plans in light of this bipartisan report that condemns the minister’s policy and recommends that the bill not proceed?

Senator VANSTONE (Minister for Immigration and Multicultural Affairs) —I thank the senator for her question. She refers to a committee report that was tabled yesterday. The government is giving consideration to that report and hopes to be able to respond to it very soon. I probably should not say much more than that, other than to say that, no, the government does not agree with the assertion that the bill should not go forward, but that does not mean the government is not looking at proposals put forward both by the Senate committee and by some of our own backbenchers in relation to this matter. We are looking at that and I expect that a response to the Senate committee report may not be the sole response of the government to concerns that are raised, because some of my colleagues have raised some concerns that perhaps are not clearly elucidated in that report.

We will have a look at the matter. There are a number of reviews being undertaken at the moment in relation to what practical arrangements we can make for offshore processing. For example, community accommodation arrangements are one of the things that we are looking at—

Senator Sterle —The backbenchers are not rolling over. They are not falling into line!

Senator VANSTONE —I am sorry, Senator. One of your colleagues has asked a question and, with respect, I am trying to answer her question, not yours.

Senator Crossin, you asked if I agreed with a portion of the report, which I assume you quoted directly but you may have paraphrased. In any event, I do not agree with that conclusion. I will say a little on the issue you mentioned of whether this is an appropriate response to a foreign policy concern. I indicated in this chamber yesterday that any government has a range of responsibilities that have to be balanced. One of them, of course, is as a signatory to a UN convention. We have to live up to the requirements of that convention. It is well understood that the convention does not say that someone who is seeking protection has a right to where their claim will be heard, nor do they have a right to assert where the protection will be offered. What we are proposing with this bill—

Opposition senators interjecting—

Senator VANSTONE —through you, Mr President, to the senator who asked the question, as opposed to her colleagues, who appear to be interrupting and therefore not wanting an answer—

Opposition senators interjecting—

Senator VANSTONE —is that a small or, we hope, very small portion of people who currently arrive in Australia unauthorised and by boat—a small portion of the people who claim asylum in Australia—will now be dealt with under the offshore processing arrangements which have been so successful in protecting our borders. The first of our obligations that I mentioned is the UN obligation. The second obligation is border protection and the third is good relations with our neighbours.

Opposition senators interjecting—

Senator VANSTONE —Mr President, is this Rafferty’s rules here today?

Senator Sterle interjecting—

The PRESIDENT —Order! Senator Sterle! Senator Crossin, do you have a supplementary question?

Senator Crossin —Has Senator Vanstone finished?

Senator VANSTONE —I was in the middle of giving my answer and I sat down so that you could raise a point of order.

The PRESIDENT —I did not raise a point of order; I tried to keep people quiet.

Senator VANSTONE —I sat down to give you the opportunity to do that. I had not actually finished the answer.

Senator Forshaw —If he was raising a point of order you must have been out of line.

The PRESIDENT —Order on my left!

Senator VANSTONE —I will be brief. The other aspects I was going to raise are the two other responsibilities. One is border protection and the other is our foreign affairs obligation to keep good relations with our neighbours. I know of no Australian who says government should pay no attention whatsoever to good relations with our neighbours. We have a lot of cooperation from Indonesia in relation to border protection and, yes, this government does not want to put that at risk.

Senator CROSSIN —Mr President, I ask a supplementary question. I thank the minister for her answer. Does the minister recall the Prime Minister’s declarations as late as last week that the legislation was necessary and that it ‘would not be watered down’? In light of the minister’s response, can she please advise this chamber when the response to the report will be available, considering that the legislation is due to be debated in this chamber within the next 24 to 48 hours? Will she accept any of the recommendations of the Senate committee report or will the Senate committee process and the work of the senator’s own colleagues simply be treated with contempt?

Senator VANSTONE (Minister for Immigration and Multicultural Affairs) —On the subject of treating things with contempt, with respect I suggest that the good senator has treated with contempt the answer she was previously given—or has otherwise not listened or not understood.

Opposition senators interjecting—

The PRESIDENT —Order! Senators on my left!

Senator VANSTONE —The previous answer made it very clear that the government has the report and that the government is working as hard as it can to respond as quickly as it can. I made the further point that the government is also listening to its own members who have some concerns. If the senator from the Territory regards that as treating the Senate with contempt, she might like to look at the number of bills that were guillotined through this place when Senator Ray was the Manager of Government Business in the Senate.

Senator Ferris —Mr President, I rise on a point of order. I found it very difficult to hear Senator Vanstone’s answer to that question—and I sit right behind her—because of the noise from those opposite.

The PRESIDENT —When the Senate comes to order we will continue with question time.