Rearrangement

Simon Birmingham

I seek leave to move a motion relating to consideration of legislation as circulated in the chamber. It would allow for consideration this morning of the Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023.

Leave not granted.

Pursuant to contingent notice of motion standing in my name, I move:

That so much of the standing orders be suspended as would prevent Senator Birmingham moving a motion to provide for the consideration of a matter, namely a motion to give precedence to a motion that would provide for consideration of the Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023.

Murray Watt

Are you going to move the expulsion of your far-right members?

Simon Birmingham

The unity with which all mainstream political parties in Australia have stood against Nazi ideology, Nazi sympathisers and Nazi propaganda—

Murray Watt

You sent the text messages.

Simon Birmingham

has provided a strong and enduring protection against a known evil being able to inflict harm on our society.

Sarah Henderson

You are a disgrace.

Sue Lines

Senator Birmingham, could you resume your seat.

Murray Watt

You're a disgrace.

Sue Lines

Senator Watt, order! Senator Henderson, please resume your seat. I will come back to you.

Sarah Henderson

President—

Sue Lines

I've asked you to resume your seat, Senator Henderson.

Michaelia Cash

Filthy grub.

Sue Lines

Senator Cash, I ask you to withdraw that remark.

Michaelia Cash

I withdraw.

Sue Lines

Thank you. Senator Henderson?

Sarah Henderson

President, Senator Watt said the most disgraceful thing. He is to withdraw it. I am disgusted in you. I'm so disgusted in you.

Sue Lines

Senator Henderson, I did not hear the remark, but in the interests of the Senate I ask Senator Watt to withdraw.

Murray Watt

Madam President, I withdraw. I referred to the text messages that Senator Henderson sent. That's what I said. I withdraw.

Sue Lines

Thank you. I think we just need to take a moment. I ask senators to listen to the debate about the suspension of the standing orders to rearrange the business. I remind senators that that is really what we are talking about—about why we think it's urgent to rearrange the business. I ask senators to refrain from interjecting across the chamber.

Simon Birmingham

In light of what we just saw at the commencement of this debate, I'm going to repeat the first couple of sentences of my contribution because I think they are as important as ever.

The unity with which all mainstream political parties in Australia have stood against Nazi ideology, Nazi sympathisers and Nazi propaganda has provided a strong and enduring protection against a known evil being able to inflict harm on our society. To fracture that unity would be to open a crack to people whose views are repugnant, are dangerous and are divisive. We must continue to stand as one against an ideology that is most associated—

Honourable senators interjecting—

Sue Lines

Senator Birmingham, I'm sorry. I'm asking you to resume your seat. I have asked senators to listen in respectful silence. Interjections to other senators across the chamber is incredibly disorderly.

Simon Birmingham

I find it remarkable that I'm having to be sat down on multiple occasions due to interjections on an issue like this.

We must continue to stand as one against an ideology that is most associated with acts of genocide, mass murder and other forms of persecution. As a nation, we have successfully stood against Nazism in a number of ways, and we should seek to continue to do so. We do so through active remembrance, awareness and knowledge. The horrors of the Holocaust must never be forgotten, and I, alongside former Treasurer Josh Frydenberg and many other members of the former government, are proud of what we did to establish Holocaust museums in a number of cities around Australia to ensure that we raised that type of awareness. We do so through efforts, at home and globally, to call out and to stamp out antisemitism.

A powerful example of this is Australia's membership of the International Holocaust Remembrance Alliance, membership that we took up on 4 June 2019, becoming the 33rd member country to do so, and in doing so adopting the following nonlegally binding wording of the definition of antisemitism:

Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.

This working definition provides a strong basis, through IHRA and the work of many, to make sure that we are able to call out and weed out antisemitism where and when it occurs.

We stand against, and protect ourselves against, Nazism by balancing our commitment to freedom of speech and freedom of association with actions to identify, monitor and act against ideologically motivated or religiously motivated extremism, especially where it can manifest itself in acts of violence or intimidation. For that, we have throughout the years increased the funding, the resourcing, the reporting, the openness and the transparency of our security agencies. We work with others, including the Executive Council of Australian Jewry, who report frequently on acts of antisemitism and, concerningly, have reported their growth in recent times.

We have an individual responsibility to call out such actions. I did so recently myself when I came home from Canberra to find a brochure in my letterbox. 'Calling all white Australians', it was headlined, and it called to action to associate with organisations that I find repugnant in the promotion of their actions and their approach. It is for all of us to take every opportunity to do so, and we must also protect ourselves against Nazism and antisemitism by preventing the glorification of them in any way. That is what this bill, which we seek to bring on, does.

We seek to bring this bill on in light of the rise of antisemitism that has been reported. We seek to bring it on in light of debates that have occurred in and around this place during the course of this week which we think means it is important to send a strong united signal on these matters. This bill is a modest and proportionate measure that responds to the risk to our country of civil discourse. We want to make sure that through this bill we are modelling it against similar legislation. I urge the Senate to enable this bill to be considered so we can take the type of strong and united stance that we should.

Katy Gallagher

The government will not be supporting the suspension motion today. I will speak to the suspension before getting to the substance. The government does not support the approach that the opposition have taken, without notice, to bring forward a bill that was introduced this week—I think yesterday—by Senator Cash and for it to now take precedence over all other business. It hasn't been through any process of scrutiny. It hasn't had any opportunity for consultation. The opposition have a spot next week for private senators' bills. They haven't even listed this for that; they've listed another bill. I think that goes to the credibility about the seriousness with which they want this matter dealt with.

Senators know that the government has been working on matters relating to the prohibition of Nazi symbols for some time, and I think we can all stand in this place and say there is no place in Australian society for public displays of Nazi symbols or the Nazi salute. But I think we should also acknowledge that this is a complex area of law, and any move to ban Nazi symbols deserves serious consideration—more than an overnight drafting job with which the Senate has not been given the opportunity to scrutinise or consult on, or, indeed, take through our own processes, which, as people know, is custom and practice in this place. There are many questions about the opposition's proposal, including what head of constitutional power it purports to rely on. This is serious work that needs to be done. It deserves a serious approach. The Senate should enforce that today by not allowing the bringing on of this bill, including, I note, being allowed to debate for two hours and then the guillotine being put. That's not really an approach that the Senate would normally take without consultation across the chamber and, indeed, through our processes.

On the substance of the bill that the Leader of the Opposition in the Senate wants to move: let's not forget that last weekend in Victoria a member of the Victorian Liberal Party attended a rally where Nazi symbols and the Nazi salute were displayed. Let's not forget that. The Leader of the Opposition in Victoria moved immediately to expel that member from the Liberal Party, decisively and quickly, and yet, despite the grandstanding that we're hearing from Senator Birmingham this morning about all moving with a united and strong voice, where is the condemnation of that? Where is that? Why is the trans community being used as a political punching bag for other motivations? Where is the condemnation of that?

Hon. Senators

Honourable senators interjecting—

Sue Lines

I've asked for silence during this debate, and I'm going to insist upon it.

Katy Gallagher

Where is the condemnation of that? Where is the condemnation of using the trans community to peddle other hate and division? Where is the condemnation of that? The political punching bag that is a vulnerable group in Australia continuously gets pulled out and used in a way that is appalling in this country. Where's the condemnation of that? Let's not forget what has led us to this point today in the grandstanding from Senator Birmingham.

Honourable senators interjecting—

Sue Lines

I've asked for silence. If you want to contribute, stand and seek the call, otherwise listen in respectful silence.

Katy Gallagher

Where is the condemnation from Mr Dutton of reports of senior members of Mr Dutton's front bench undermining the Victorian opposition leader's attempts to stand up to right-wing extremism in his party? Where is the condemnation of that? They are questions that only the Liberal Party can answer, I'm afraid. But there are senators in this place that are supporting what we saw, through the way they engage with the Victorian Liberal Party on what we saw on the weekend.

I think we deserve better. I think the Australian people deserve better. The Senate should stand united. We should stand together. We should send a strong voice about the events that we saw in Victoria and what have led, I think, to this bill being drafted this week. We definitely should do that, but that's not what's happening. Let's use the Practice custom of this place, which is to put bills into the chamber, have them go through a process, have them referred to committees if necessary and then have them brought back for debate during the time that's allocated in this chamber, not try and move a stunt when there are other things that should be happening, standing united on a whole range of fronts. This bill that the leader seeks to move today needs serious consideration, not a stunt. (Time expired)

Sarah Hanson-Young

It's extremely disappointing that this debate has kicked off the way it has today. I don't think that anything that we've displayed to the Australian people in the last 15 minutes, since the starting of this parliament, is anything to be proud of. The politicking over this issue—which is serious, which is sensitive, which is fundamentally about the values of a respectful, democratic nation—should not be drawn into the gutter.

On the matter of the suspension to bring this bill on, I do not believe that this is the right way to go about it. I think the Attorney-General and the government of the day need to take this issue seriously and come forward with a proper process to deal with this. Nazi symbols being displayed in this country is wrong. That needs to be managed, but you don't do it by springing a debate in this place without a proper process.

The private members' bill that is being asked to be brought on today has not been through—it was only introduced yesterday. It needs to go through a proper process. And whether it is a committee of the Senate or, indeed, in consultation with the Attorney-General, I suggest that the leader of the opposition has an honest and direct conversation with the government about how we can move forward as a united parliament to stand for what is right, and to call out what is wrong.

Doing it today is not the appropriate way of going about it, and if you have any doubt in your mind about that, just go back and look at what the last 15 minutes in this place has displayed. It's a disgrace. You want the Australian people to believe you? Lift your game. We will not be supporting the suspension. We urge those in this place to work together to deal with this properly. Politicking over Nazi symbols is wrong.

Long debate text truncated.