Senator BOB BROWN (Leader of the Australian Greens) (2:18 PM) —My question is to the minister for the environment. I ask: what is the progress in Australia’s case against Japan on whaling in the International Court of Justice in The Hague? Is the Australian government seeking an injunction to prevent the whaling of Australia’s whales, the humpbacks and the southern right whales—we have seen a fantastic display at Cape Pillar in Tasmania just this week—when they arrive back in Antarctic waters?

Senator Chris Evans —Mr President, I query who the question is directed to. The minister for the environment is not in this chamber. I presume Senator Brown is asking the minister representing the minister for the environment.

Senator BOB BROWN —Yes, that is the logic of it—the minister representing the minister for the environment.

Senator CONROY (Minister for Broadband, Communications and the Digital Economy and Minister Assisting the Prime Minister on Digital Productivity) —I thank Senator Brown for his question. On 31 May 2010, the Australian government launched its application instituting proceedings in the International Court of Justice against Japan’s so-called scientific whaling. The decision to commence international legal action against Japan was taken after very careful consideration. Japan’s scientific whaling program is in breach of its obligations under international law, including under the International Convention for the Regulation of Whaling.

Australia’s case is being developed carefully. It would be inappropriate for me to comment further on the substance of Australia’s claims or on a legal strategy. To do so could prejudice our case. Our relationship with Japan is deep, longstanding, broad and multidimensional. Japan is an important trading partner, an export market and a close partner in security issues and in multilateral forums. The court has fixed the dates for both Australia and Japan to file written proceedings. Australia’s written memorial must be filed by 9 May 2011. Japan’s written countermemorial must be filed by 9 March 2012. After written pleadings have been filed and other procedural matters dealt with, an oral hearing of the merits of the case will take place in the court at The Hague. Past experience would indicate that the case would take a number of years before the court renders its final judgment.

Senator BOB BROWN —Mr President, I ask a supplementary question. My question—and I repeat it—is: will the government be seeking an injunction for what the minister representing the minister just described as a breach of international law? I ask the minister: if the government is not seeking an injunction, why not? And, on the date line he has given, I ask the minister: is it true that somewhere between 2,000 and 10,000 whales will be slaughtered by the Japanese while we wait for a long court process? What other action does the government have in mind to protect those whales?

Senator CONROY (Minister for Broadband, Communications and the Digital Economy and Minister Assisting the Prime Minister on Digital Productivity) —As I said in my previous answer to Senator Brown, Australia’s case is being developed carefully. It would be inappropriate for me to comment further on the substance of our claim or our legal strategy. To do so could prejudice our legal case. I am not sure that there is a lot more I can add, Senator Brown. I do not accept all of what you have put to us, but I hope you would respect that we are in a legal circumstance which prevents me saying too much more.

Senator BOB BROWN —Mr President, I ask a further supplementary question. I ask the minister: considering the arrogant and disdainful attitude of the Japanese whaling fleet to Australia and its court proceedings, what other action does the Australian government have, including naval or other surveillance of the slaughter to the south of Australia over this summer? What assistance is the government considering rendering to Sea Shepherd, which is going to go into the defence of the whales in the southern waters in the coming summer?

Senator CONROY (Minister for Broadband, Communications and the Digital Economy and Minister Assisting the Prime Minister on Digital Productivity) —The government calls upon all parties in the Southern Ocean to exercise restraint and to ensure that safety on the seas is their highest priority. The Southern Ocean is an inhospitable region where the risk of dangerous incidents is high and the capacity for rescue or assistance is low. Australia condemns dangerous, violent or illegal activities including any activity that may cause damage or loss of life or jeopardise safety at sea.

Senator Bob Brown —My question was what action the Australian—

The PRESIDENT —Is this a point of order?

Senator Bob Brown —Yes, it is.

The PRESIDENT —It would be helpful, when people are taking points of order, if they would indicate that at the outset.

Senator Bob Brown —On a point of order, the question to the minister is: what action is the Australian government taking? It was not about other people’s actions. I ask him to respond to that question.

The PRESIDENT —There is no point of order.

Senator CONROY —I thought I was in actual fact, on behalf of the government, urging restraint but, as to the more detailed parts of Senator Brown’s questions, I will take those on notice and, if there is any further information that I am able to provide, I will get back to him.