Andrew McLachlan

Senators are reminded that on Wednesday 20 November 2024, after 6.30 pm, a division was called on the motion moved by Senator Nampijinpa Price relating to a proposed reference to the Environment and Communications References Committee. I understand it suits the convenience of the Senate for the deferred vote to be held now. I note there's no objection.

The question before the Senate, on a deferred division, is that the motion moved by Senator Nampijinpa Price be agreed to.

Lidia Thorpe

I, and also on behalf of Senator Faruqi, move:

(1) That the following matter be referred to the Procedure Committee for inquiry and report by 31 March 2025: Whether, in line with recommendation 10 of the report Set the standard: Report on the independent review into Commonwealth parliamentary workplaces (the report), any changes to the language and interpretation of the standing orders are required to:

(a) eliminate language, behaviour, decision-making and practices that are sexist, racist or otherwise exclusionary and discriminatory;

(b) improve safety and respect in the Senate chamber; and

(c) clarify unclear and inconsistent types of behaviour and enforcement of standards.

(2) That for the purposes of this inquiry only:

(a) the committee be authorised to hold public hearings and to move from place to place;

(b) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate or Leader of the Opposition in the Senate, or any minority party or independent senator; and

(c) such participating members may participate in hearings of evidence and deliberations of the committee and have all the rights of members of the committee except that a participating member may not vote on any questions before the committee.

(3) That the Senate directs the committee to:

(a) hold a public hearing for a period of not less than 4 hours;

(b) ensure that a majority of witnesses invited are those adversely impacted by racism, First Peoples and culturally and racially marginalised people;

(c) invite a representative from the Australian Human Rights Commission who has been involved with the report and/or the Mapping government anti-racist programs and policies report to attend as a witness;

(d) consult with Parliamentary Workplace Support Service regarding the conduct of the inquiry; and

(e) ensure that each of the following groupings is allowed at least 45 minutes to question witnesses at the hearing:

(i) Australian Greens senators, and

(ii) independent senators.

Katy Gallagher

I seek leave to move an amendment to the motion.

Leave granted.

I move:

Omit paragraphs (2) and (3), substitute:

(2) That the Senate—

(a) notes that:

(i) successive governments, working across the Parliament, have taken strong action to implement all 28 recommendations of Set the Standard: Report on the Independent Review into Commonwealth Parliamentary Workplaces (Set the Standard report) which was tabled on 30 November 2021,

(ii) the Government and the Parliament have taken action to implement all recommendations of the Set the Standard report, working through the Parliamentary Leadership Taskforce, and recommendations from the report are now all ongoing or completed, with a review to take place 18 months after the commencement of the Parliamentary Workplace Support Service,

(iii) the President referred an inquiry into recommendation 10 of the Set the Standard report to the Procedure Committee in October 2022,

(iv) the Procedure Committee presented its report in response to this referral on 12 September 2023,

(v) the Senate unanimously adopted the Behaviour Standards and Codes of Conduct for Parliamentarians and MOPS Act Staff on 10 October 2024, which commenced on 14 October 2024,

(vi) specifically, the Behaviour Standards require that people 'uphold laws that support safe and respectful workplaces, including

anti-discrimination, employment, work health and safety and criminal laws' and state that 'bullying, harassment, sexual harassment or assault, or discrimination in any form, including on the grounds of race, age, sex, sexuality, gender identity, disability, or religion will not be tolerated, condoned or ignored', and

(vii) the Parliament established a Parliamentary Joint Committee on Parliamentary Standards on 10 October 2024;

(b) reaffirms that all parliamentarians have a role to play in upholding appropriate standards of behaviour in the Parliament, including those outlined in the Behaviour Standards for Commonwealth Parliamentary Workplaces.

Mehreen Faruqi

I seek leave to make a one-minute statement.

Andrew McLachlan

Leave is granted.

Mehreen Faruqi

The Greens will be opposing the government's amendment, because here we are again, wanting the procedure committee to look specifically into racism, to include black and brown people of colour in that inquiry and to have a hearing and actually listen to those voices.

I know that all this that you have noted in your amendment has happened, but that hasn't changed a thing. You can laugh away at this because, for you all, it's a laughing matter, but, for some of us in here and many of us out there, racism is not a laughing matter. If you are serious about tackling racism, then why are you amending this motion? What are you afraid of? Listen to what people in here and out there have to say about racism in this chamber.

Jonathon Duniam

I seek leave to make a short statement.

Andrew McLachlan

Leave is granted for one minute.

Jonathon Duniam

The coalition supports the amendment moved by the government; however, it's important to note, as the government has, that, with the Procedure Committee review of the standing orders, consistent with recommendation 10 of the Set the standard report and its second report of 2023, the coalition maintains the view that the current language of the standing orders and the practices of the Senate in applying the President's rulings are sufficiently flexible to enable that framework to cover matters identified in the report. The parliament established the Independent Parliamentary Standards Commission, which will enforce the behaviour codes for parliamentarians and for MOP staff. In addition, the Senate Privileges Committee was given additional functions where the IPSC refers a serious breach finding, and the Senate standing orders were amended to approve standards of behaviour and behaviour codes. The Senate and indeed the parliament are currently implementing these significant reforms to improve workplace behaviour and culture, and the coalition remains committed to ensuring this important work continues.

Lidia Thorpe

I seek leave to make a one-minute statement.

Leave granted.

I'm not surprised, as a blak sovereign woman in this place who has experienced racism since I walked in the door, about this ongoing denial when we call out racism. You get together and go, 'How can we make this white?' Not 'right'—'How can we make this white?' And that's what youse have done. You've shut down two black and brown women in this place who've said: 'We want to deal with racism. Can you assist us please, Senate?' And you two get together and talk about how much whiter you can make this place and how unsafe you're going to continue to make this place. We've called this out because we don't feel safe. For the two speakers of your parties—both white—to deny our right, shame on you both!

Andrew McLachlan

The question is that the motion moved by Senator Thorpe and Senator Faruqi be amended.

A division having been called and the bells being rung—

Senator Thorpe, please, there's ample opportunity for you to express yourself in other parts of the day.

Senator Thorpe, please, it's a division, and soon the tellers are going to need to concentrate.

Katy Gallagher

I move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Electoral Legislation Amendment (Electoral Reform) Bill 2024, allowing it to be considered during this period of sittings.

Andrew McLachlan

The question is that the motion moved by Minister Gallagher in relation to the exemption of a bill from the cut-off be agreed to.

Sue Lines

The question is the second reading amendment as moved by Senator Chisholm be agreed to.

Sue Lines

I'll now deal with the deferred vote on the second reading amendment on sheet 3113, as moved by Senator Faruqi. The question is that the amendment be agreed to.

Matt O'Sullivan

I'm about to put the final question but, before I do, I want to check if any other senator is wanting to deal with anything. Senator Pocock, you just got there in time.

David Pocock

I again seek leave again to make a one-minute statement.

Leave not granted.

Matt O'Sullivan

The question now is that the remaining stages of these bills be agreed to.

Matt O'Sullivan

Senator Thorpe, could you let us know if, in amongst the amendments that you moved, you moved the amendment on sheet 2628?

Lidia Thorpe

No.

Matt O'Sullivan

I'll put that question now—I beg your pardon. The question now before the chair is that the remaining stages of the bills be agreed to and that the bills be now passed. Senator McKim.

Nick McKim

As a point of order, I'm seeking clarification on Senator Thorpe's amendment on sheet 2628. If that wasn't put, can I ask for an explanation as to why that is not being put by you. I believe Senator Thorpe wishes that question to be put.

Matt O'Sullivan

Indeed. Senator Thorpe, you have the right to have that question put.

Lidia Thorpe

I'm scared to get in trouble, because I always get in trouble—

Matt O'Sullivan

You have the call, Senator Thorpe.

Lidia Thorpe

I seek leave to have the question put on my amendment on sheet 2628, please.

Matt O'Sullivan

It was circulated early enough, so you didn't need to seek leave. The question is that clause 135 stand as printed.

Senator Thorpe opposed clause 135 in the following terms—

(1) Clause 135, page 111 (lines 1 to 4), to be opposed.

Lidia Thorpe

(In division) So we're going to have nuclear waste from the UK and the US dumped in this country—

Claire Chandler

Order! Senators, it is quite disorderly to be shouting across the chamber during a division.

Lidia Thorpe

Shame! It won't be near the Prime Minister's house.

Claire Chandler

Order, Senator Thorpe!

Malcolm Roberts

():  Could I have my vote recorded as opposing 2583, please?

Claire Chandler

You may. Thank you for that. Thank you for being so helpful to the chamber in that regard. The next question is in relation to amendment (4) on sheet 2583 moved by the Australian Greens.

The Greens opposed clause 136 in the following terms—

(4) Clause 136, page 113 (lines 6 to 10), to be opposed.

The question is that clause 136 stand as printed.

Claire Chandler

I will now deal with the Australian Naval Nuclear Power Safety Bill and a related bill. I have got a lot of senators on their feet for a guillotine.

David Shoebridge

I seek leave to make a one-minute contribution on this AUKUS related naval nuclear power bill.

Leave not granted.

Claire Chandler

The question is that these bills be read a second time.

Deborah O'Neill

Senator Thorpe, I understand you foreshadowed in the second reading debate that you were moving an amendment. Now is the moment at which you might do that if you still wish to proceed that way.

Lidia Thorpe

I move the motion standing in my name on sheet 2966:

Omit all words after "That", substitute:

"(a) the Senate notes the significant human rights concerns raised by the Parliamentary Joint Committee on Human Rights (PJCHR) in relation to this bill, which remain unresolved, including recommendations that foundational human rights assessments be conducted of the:

(i) Crimes Act 1914,

(ii) Proceeds of Crime Act 2002, and

(iii) Telecommunications (Interception and Access) Act 1979, with particular focus on the right to privacy;

(b) the Senate calls on the PJCHR to exercise its function under section 7 of the Human Rights (Parliamentary Scrutiny) Act 2011 to examine laws for compatibility with human rights and examine the above Acts that the bill seeks to amend and report to both Houses of the Parliament on their compatibility with human rights; and

(c) further consideration of the bill be made an order of the day for the first sitting day after the PJCHR has presented a report of its examination of the above Acts to the Senate".

Deborah O'Neill

The question is that the motion moved by Senator Thorpe be agreed to.