The opposition’s accused the government of failing to keep Australians safe after Home Affairs Minister Tony Burke conceded community safety detention laws for non citizens have failed. Paul Scarr is the Shadow Immigration Minister and Senator for Queensland. Welcome back to Radio National Breakfast.
Senator Scarr
Thanks very much. David.
David Lipson
Police have charged a former immigration detainee after a veteran news photographer Dominic O’Brien, who was 62 years old, was killed after allegedly being struck and repeatedly stomped on. What was your reaction when you heard about this case?
Senator Scarr
David, I was deeply, deeply concerned, I think, as all people have been, by the case that you just referred to. And what it raises is, what has the government been doing in terms of preventative detention orders? So the legislation was passed back in December 2023 which enabled the government to make preventative detention orders with respect to members of this NZYQ cohort, those who’d previously been convicted of serious sexual offenses and violent offenses involving violence, but not a single application had been made in 16 months. And then we got the stunning admission by the Minister on Sunday that, in effect, it wasn’t, it wasn’t practical to make applications because the high threshold in the legislation. It was absolutely a stunning admission.
David Lipson
That legislation, though, I mean you the coalition, was a part of that you put forward amendments which the government accepted and then they were supported by the coalition at the time. So don’t you own part of this as well?
Senator Scarr
Well, we did support the government’s legislation, and that’s the first point to note. It was the government’s legislation primarily. And when that legislation was passed, the Labor government said that it provided four layers of protection to the Australian community, the first layer of protection was preventative detention orders. After the legislation was passed, we repeatedly asked questions to the department as to where they were up to in terms of making the first application for a preventative detention order. We were told that the work was underway, evidence was being collected, etc. And then we had the shocking admission 16 months later, 16 months later, by the Minister on Sunday, that it wasn’t possible, wasn’t practical, to make applications. So these are serious questions, which the government needs to answer.
David Lipson
The High Court, though, has made very clear in a number of rulings that the government that the people can’t be non citizens, can’t be locked up in a kind of punitive way, preventatively. So isn’t that exactly what the government’s being wary of?
Senator Scarr
The legislation needs to reflect the high court decisions. We operate in a system of rule of law, but it is possible to amend legislation, and just in relation to specific.
David Lipson
Is that what should happen? Should that legislation be amended?
Senator Scarr
Absolutely, we should be looking at how to amend the legislation. And the point..
David Lipson
Have you got any ideas?
Senator Scarr
Well, the point I’d just like to make is no application has been made under these provisions. So these provisions haven’t been tested in the court. And that’s that’s one of the major issues that I have with respect to how this matter has been managed. Not a single application has been made. So we don’t know what the court thinks of these particular provisions in the context of this particular cohort. So we should be looking at the legislation the opposition stands ready, willing and able to work with the government constructively to look to amend the legislation, just as we amended the legislation with respect to electronic surveillance curfews, when the High Court brought down the decision late last year and we managed to amend the legislation to get better outcomes.
David Lipson
I want to talk about immigration policy more broadly. Opposition Leader Sussan Ley has said the coalition’s policies are up for review following it’s thumping election loss. What will this mean for the coalition’s immigration policy going forward?
Senator Scarr
It means that our immigration policy is also a full review. But importantly, as Sussan stated, within the context of the values of the Liberal Party, and from my perspective, the liberal party’s got a proud history in terms of supporting immigration as nation building in this country. And I look back to the influx of new Australians who came in and were part of the Snowy Hydro project. I look at the Fraser Government support of that wave of refugees from Vietnam when Vietnam fell to the communists in the 1970s and the contribution, the wonderful contribution our Vietnamese community has made, and the fact that Harold Holt, the Liberal. Prime Minister, Harold Holt actually took the first steps to make a non discriminatory Australian immigration policy. So the Liberal Party has a proud history in this regard. And as you said, we did suffer a smashing defeat at the last federal election. I’ll be working very, very hard, working with all stakeholders, including our multicultural communities, to obtain their views, listen to their views and take on take take that on board in the process of formulating policies to take to the next federal election.
David Lipson
And just briefly. I mean, how do you plan to reconnect with some of those multicultural communities, especially Chinese Australians who abandoned the coalition at the election?
Senator Scarr
David, I think a key part of it is spending time with the communities, listening to their concerns, listening to the issues they have, with respect to how we might have, may have presented our policies, how we made it, may have engaged in loose rhetoric at times and responding to those concerns and demonstrating that we’re responding to those concerns, because it’s only when you build that foundation of trust and mutual respect that you have a basis to move forward. And I’ll be doing everything I can, working day and night, to achieve that outcome. I have a fantastic relationship with our wonderful Queensland Chinese community, and I developed that over the last six years, and I’ll be looking to do that across Australia.
David Lipson
Paul Scarr, thanks so much.
Senator Scarr
Thank David, thank you.
