Anthony Albanese concedes hate speech reforms ‘not as strong as we would have liked’

Anthony Albanese has conceded hate speech reforms are “not as strong as we would have liked in tackling anti-Semitism” after failing to find full backing from either the Coalition or the Greens.

Drafted in the wake of the Bondi terror attack, the proposed changes aim to crackdown on anti-Semitism, criminalise hate groups, and expand the powers of the Home Affairs Minister.

Labor has since all but finalised a deal with the Coalition to pass the legislation through the upper house after the Nationals said they would abstain.

The Prime Minister defended his government’s response in the first Question Time since the December 14 attack.

“If you look at what has happened with terrorist attacks overseas, what often occurs is that one attack leads to another co-ordinated attack somewhere else as part of planning,” he said.

“Our first priority, unashamedly, on the Sunday night, on the Monday, on the Tuesday, on the Wednesday, on the Thursday, was not to worry about politics.

“Our priority was, were these people part of cell? Would there be another attack at another place in Sydney? Would there be a follow-up attack in Melbourne? Were Jewish Australians being kept safe? Were the leaders of those communities being kept safe? We upgraded the security measures around the track.”

The second priority, Mr Albanese said, was legislative reform.

“To make sure not that we do something in a year’s time or two years’ time, but to do something immediately in the parliament, that the House of Representatives pass legislation, not as strong as we would have liked in tackling anti-Semitism just before Question Time, but what we could get through, that was our priority.”

Deputy Prime Minister Richard Marles likewise said Labor “would have liked to have done more”.

“But, we are grateful for whatever we can do this week.”

Mr Albanese went on to denounce “the idea that anti-Semitism began … with the change in government”.

“It’s declared to be false by the comments of those opposite in senior positions.

“Despite the surge in anti-Semitism on their watch, did the Morrison government appoint a special envoy to combat anti-Semitism? No.

“Did they establish a joint operation bringing together the AFP and ASIO to combat acts of anti-Semitism? No.

“Did they introduce Australia’s first ever hate speech laws? No.

“Did they legislate a crackdown on preachers and leaders who promote violence? No.”

Mr Albanese struck a defiant tone on Tuesday as he was repeatedly asked by Sussan Ley over whether he would apologise to families of the Bondi Beach attack victims, telling the Opposition Leader “you don’t have to bang lecterns to show you’re concerned”.

“The contrast between some of the rhetoric that those opposite have engaged in and the warmth and generosity of this grieving community has been quite extraordinary,” he said.

“I have engaged with people in every forum and there is no one who has asked to speak to me who has not had a meeting.

“And, at the same time, what we have had is shouting that the parliament had to be resumed before Christmas but then, when we resumed it, we were resuming at too soon.

“We had shouting that we had to introduce legislation based upon the anti-Semitism envoy report, but when we produced it, they opposed it.”

He called on the opposition to present its legislation.

“They said they had a package of legislation on January 5. Where is it? Where is it? No one has seen it. No one has seen it.”

The Coalition has pointed to proposed measures called for on December 18.

‘No time’: Nats bold call on hate speech laws

The Nationals will abstain from voting on Labor’s proposed hate speech reform after a terse morning of party-room discussions.

The abstention of the Coalition's junior partner all but ensures the bill will pass into law on Tuesday afternoon if it receives the backing of the Liberal Party.

In a statement, Nationals Leader David Littleproud said the party-room had met to discuss amendments to the Bill to “provide greater certainty around unintended consequences of the hate group legislation reforms”.

“Unfortunately, there is not enough time before the vote in the House of Representatives to get this certainty.

“Therefore, The Nationals’ position is to abstain from voting in the House of Representatives, so that we can put forward amendments to the Bill in the Senate to fix these issues.”

In a statement, Opposition Leader Sussan Ley said the Coalition had been successful in “narrowing the scope” of the bill to tackle anti-Semitism and “radical Islamic extremism”.

“In the national interest, the Liberal Party has today stepped up to fix legislation that the Albanese government badly mishandled,” she said.

“For more than two years, the Albanese government failed to confront the rising tide of anti-Semitism and failed to keep Australians safe.

“That failure was exposed by the worst terrorist attack on Australian soil and when leadership was required, the Prime Minister did not provide it.”

Ms Ley said Labor’s initial reform package was “clumsy and deeply flawed”.

Following negotiations, the Coalition had ensured aggravated offences would capture “Islamic extremist preachers and leaders”, Ms Ley said.

A mandatory two year review by the Parliamentary Joint Committee on Intelligence

and Security to ensure new powers were “effective, proportionate, and accountable” will also be incorporated, Ms Ley said, as well as a requirement that the opposition leader be consulted on hate group listings.

Ms Ley also claimed to have ensured laws are directed at serious criminal conduct that impacts our national security, not at free speech.

It comes after one member of the Nationals has confirmed he would dramatically split from the opposition and cross the floor if the Coalition votes in support of Labor’s hate laws.

Nationals senator Matt Canavan told the ABC he would be voting against the bill in its current form, saying the powers handed to the Home Affairs Minister were unjustifiably expansive and curtailed free speech.

“Look, I’ve got serious concerns that the provisions here to ban entire organisations, make them persona non grata, are far too broad and give particularly the minister, the AFP minister in this case, way too much power to ban groups that go far and beyond organisations that would be encouraging or supporting violent acts in our country,” he said.

Senator Canavan believed the legislation posited a constitutional issue relating to the right to engage in political communication.

“It’s been a right that’s been confirmed by the High Court multiple times. We have a representative democracy. The people deserve to make statements that are political in nature,” he said.

“And if you’re going to restrict that right … there’s got to be a due consideration of what are the proportionate changes that don’t unduly restrict Australians from being able to speak their minds.”

‘Very scary’ bill will stoke division, MPs warn

Labor’s sweeping hate speech reforms will stoke division and “silence legitimate criticism”, the Greens have warned.

With hate speech changes having been split off from firearms reforms, Greens leader Senator Larissa Waters said “a dangerous bill (was) being made even more dangerous”.

“We couldn’t support a bill that might have criminalised peaceful protesters calling out human rights abuses in other nations,” Senator Waters said on Tuesday.

“It is an atrocity that we have seen the government go down the rabbit hole, following the Liberals to further crack down on people’s ability to speak out peacefully against human rights abuses anywhere in the world.”

Senator Water claimed the Bill was a “nig threat to free speech” and lacked input from faith and community leaders.

“This Bill will increase division and it will silence legitimate criticism of foreign nations undertaking human rights abuses,” she said.

“This is a very scary bill that looks set to pass because the Prime Minister wanted a political outcome … the Greens will be strongly opposing it.”

Greens Senator Mehreen Faruqi describing passage of the Bill as a “sham process … as appalling as the Bill itself”.

“This last minute deal with the coalition makes a terrible bill even more divisive and even more dangerous,” Senator Faruqi said.

“They (Labor) have thrown Muslims and migrants under the bus.

“This terrible deal that Labor has done with the Coalition will have a chilling and very draconian effect on political debate, on peaceful protest, on civil rights.”

Thorpe pushes for reform to include police weapons

Independent senator Lidia Thorpe will move an amendment to Labor’s gun legislation in the Senate, calling for all firearms to be nationally tracked, including police weapons.

“I welcome strengthened gun laws, but if we’re serious about gun safety, accountability can’t stop at civilian firearms,” Senator Thorpe said in a statement.

“Tracking and transparency must apply to all guns, including those issued to police and prison guards.

“The public has a right to know what firearms police are importing into this country, how they are stored and used, and what happens to them at the end of their lifecycle.”

The move is about knowing what weapons police have access to, how they are secured, and ensuring transparent reporting when firearms are lost, stolen or decommissioned, Senator Thorpe said. PJCIS backs firearms, hate reform

The committee tasked with probing Labor’s draft changes to gun laws and hate crime reforms has endorsed the legislation, recommending it proceed through parliament.

“Given the importance of the hate crime, migration and firearms provisions to addressing anti-Semitism, hate and extremism, the Committee recommends that these measures be passed,” Parliamentary Joint Committee on Intelligence and Security wrote in its recommendation.

The committee highlighted the firearms legislation in two of its recommendations, noting provisions should ensure farming, rural and sporting shooters are not “unreasonably disadvantaged” in their businesses, lawful pursuits or sporting competition.

It also recommended to the inclusion of a specific defence for individuals who hold a valid licence permitting them to manufacture, repair, maintain or modify firearms.

It did not make a recommendation on the scrapped racial vilification element.

‘Close’: Burke’s call on Coalition deal

Earlier, Home Affairs Minister Tony Burke said Labor was “really close” to finalising details of a deal with the Coalition to pass its hate speech legislation through parliament.

On Tuesday, Mr Burke told Sky News negotiations with Liberal Party leadership had been “going really well” and conversations would continue, ahead of voting later that day. “I don’t think we’ve quite settled absolutely everything, but I think we’re really close,” he said.

“I mean, effectively, the laws won’t be as strong as what the government wanted them to be, and that’s been public for a while, but importantly, this will still involve the strongest hate speech laws that Australia’s ever had.”

The breakthrough comes days after Opposition Leader Sussan Ley labelled the original legislation “unsalvageable”, and the Greens confirmed they would not back the omnibus bill, which originally included both firearms and hate speech reforms.

It forced Labor to split firearms legislation from immigration and hate speech amendments, creating two Bills, while axing a contentious racial vilification offence.

The moved aimed to rally support from major voting blocs and give the remaining pieces of legislation a path through the Senate.

‘Don’t want to pre-empt’: Rowland

Despite positive talks with the Coalition, Attorney-General Michelle Rowland has remained tight-lipped on providing a guarantee of the opposition’s support.

“I don’t want to pre-empt any of those conversations, and particularly since they have been undertaken in good faith,” she told the ABC.

“But as you would have seen already reported in the media, some of those issues go around the listing of hate groups and that framework.

“And it is a fact that the opposition has sought a number of amendments to this area.”

As negotiations continued, Ms Rowland said Labor was drafting the provisions with “urgency and care” to ensure they were effective, while taking on board the issues raised by the Coalition.

‘Long road to keep the Jewish community safe’

Independent MP Allegra Spender “strongly expects” Labor will pass both its firearms and hate speech legislation through parliament.

After speaking to Anthony Albanese the night prior, Ms Spender – whose Wentworth electorate includes Bondi – told the ABC the passing of the legislation was important to help keep the Jewish community safe.

“I spoke to the prime minister last night about this, and that was certainly what I took from that conversation,” she said.

Ms Spender conceded she thought there were “big parts missing” from Labor’s proposed reforms, before she added: “I do think it’s important that the parliament comes together and passes some legislation today.”

”But honestly, this is a long road to keep the Jewish community safe, to bring our country together, and I think repair what we have lost,” she said.

Ms Spender confirmed she would continue to pursue anti-vilification measures, saying there was “a lot of work we still need to do”.

“When we look at Bondi, it was a crime of violent extremism, okay, in this case, violent Islamic extremism.

“And so … how do we get to the heart of stopping that? And that is where the vilification laws are. That’s what they’re really about.”