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Proposed bill to tone down Australia's Racial Discrimination Act set to fail Proposed bill to tone down Australia's Racial Discrimination Act set to fail
(about 1 hour later)
A private member’s bill that would remove the words “offend” and “insult” from section 18c of the Racial Discrimination Act looks set to fail, despite the prime minister, Malcolm Turnbull, offering support for the changes.A private member’s bill that would remove the words “offend” and “insult” from section 18c of the Racial Discrimination Act looks set to fail, despite the prime minister, Malcolm Turnbull, offering support for the changes.
The bill, which seeks to water down the provisions of the existing act, is co-sponsored by crossbench senators Bob Day and David Leyonhjelm, and Liberal backbenchers Cory Bernardi and Dean Smith.The bill, which seeks to water down the provisions of the existing act, is co-sponsored by crossbench senators Bob Day and David Leyonhjelm, and Liberal backbenchers Cory Bernardi and Dean Smith.
The changes are “sensible and moderate”, Family First’s Day said.The changes are “sensible and moderate”, Family First’s Day said.
“There are opportunities to get the principle and the narrative of free speech right,” he told the Senate on Wednesday. “The government promised to repeal the section. I’m only proposing to remove the words offend and insult, and what’s offensive or insulting about that?”“There are opportunities to get the principle and the narrative of free speech right,” he told the Senate on Wednesday. “The government promised to repeal the section. I’m only proposing to remove the words offend and insult, and what’s offensive or insulting about that?”
Neither Labor nor the Coalition supports the bill but, as backbenchers, Bernardi and Smith can cross the floor in the final vote if they choose to.Neither Labor nor the Coalition supports the bill but, as backbenchers, Bernardi and Smith can cross the floor in the final vote if they choose to.
A spokesman for the attorney general, George Brandis, told Guardian Australia that the “government’s position on section 18C has not changed”.
Related: Tony Abbott not keen to revisit racial discrimination law after France attacksRelated: Tony Abbott not keen to revisit racial discrimination law after France attacks
“Malcolm Turnbull must guarantee that his Liberal senators will oppose senator Bob Day’s bill to weaken section 18C of the Racial Discrimination Act,” Labor’s spokeswoman on multicultural affairs, Michelle Rowland, said.“Malcolm Turnbull must guarantee that his Liberal senators will oppose senator Bob Day’s bill to weaken section 18C of the Racial Discrimination Act,” Labor’s spokeswoman on multicultural affairs, Michelle Rowland, said.
“Despite the Liberal party’s ideological obsession, communities around Australia have made their views clear. Section 18C has served Australians well for almost 20 years and should not be watered down.“Despite the Liberal party’s ideological obsession, communities around Australia have made their views clear. Section 18C has served Australians well for almost 20 years and should not be watered down.
“It is now time for Malcolm Turnbull’s actions to match his words on community harmony and he should join with Labor and rule out weakening this important legislation.”“It is now time for Malcolm Turnbull’s actions to match his words on community harmony and he should join with Labor and rule out weakening this important legislation.”
The bill opens up old wounds for the Coalition, which was forced to back down on reforming the Racial Discrimination Act in August last year, after intense pressure from community and religious groups.The bill opens up old wounds for the Coalition, which was forced to back down on reforming the Racial Discrimination Act in August last year, after intense pressure from community and religious groups.
The government’s plans, flagged before the 2013 federal election, went further than the private member’s bill by proposing to repeal clauses that would make it an offence to “offend, insult, humiliate or intimidate” someone based on their race.The government’s plans, flagged before the 2013 federal election, went further than the private member’s bill by proposing to repeal clauses that would make it an offence to “offend, insult, humiliate or intimidate” someone based on their race.
The then prime minister, Tony Abbott, admitted that the proposals had caused division in the community.The then prime minister, Tony Abbott, admitted that the proposals had caused division in the community.
“I don’t want to do anything that puts our national unity at risk at this time, so those proposals are now off the table,” Abbott said in August.“I don’t want to do anything that puts our national unity at risk at this time, so those proposals are now off the table,” Abbott said in August.
Turnbull was asked in May by conservative commentator Andrew Bolt, who was found in breach of the act for making disparaging comments about light-skinned Aboriginal people in 2011, if he supported removing the words “offend” and “insult” from the act.Turnbull was asked in May by conservative commentator Andrew Bolt, who was found in breach of the act for making disparaging comments about light-skinned Aboriginal people in 2011, if he supported removing the words “offend” and “insult” from the act.
“There was a very general consensus that – well, a broad consensus, among lots of interested groups and stakeholders, that the words ‘insult’ and ‘offend’ could be removed, leaving the words ‘humiliate’ and ‘intimidate’,” Turnbull said in May, when he was communications minister.“There was a very general consensus that – well, a broad consensus, among lots of interested groups and stakeholders, that the words ‘insult’ and ‘offend’ could be removed, leaving the words ‘humiliate’ and ‘intimidate’,” Turnbull said in May, when he was communications minister.
“I was very comfortable about that. I didn’t think that would have any sort of negative impact,” he said.“I was very comfortable about that. I didn’t think that would have any sort of negative impact,” he said.
Day said he had spoken to Turnbull and several government members on the bill, and conceded it did not have the required support.Day said he had spoken to Turnbull and several government members on the bill, and conceded it did not have the required support.
“I’m confident we will get there in the future,” he said.“I’m confident we will get there in the future,” he said.
I’m confident we will get there in the futureI’m confident we will get there in the future
The private member’s bill will be debated in the Senate on Thursday, but is not expected to get to a vote, leaving it on the agenda to be decided at a later date.The private member’s bill will be debated in the Senate on Thursday, but is not expected to get to a vote, leaving it on the agenda to be decided at a later date.
“Just as a matter of practicality, if we bring it to a vote, it’s dead. It’s not alive,” Leyonhjelm said. “We know we don’t have the numbers. There’s a practical value in keeping it alive and continuing the debate in that it remains on the agenda and we can keep talking about it.”“Just as a matter of practicality, if we bring it to a vote, it’s dead. It’s not alive,” Leyonhjelm said. “We know we don’t have the numbers. There’s a practical value in keeping it alive and continuing the debate in that it remains on the agenda and we can keep talking about it.”
The timing of the debate coincides with a marked change in language from the government on the issues of unity and tolerance.The timing of the debate coincides with a marked change in language from the government on the issues of unity and tolerance.
The prime minister has tried to soothe concerns around radicalisation following the deadly Parramatta shooting earlier this month, emphasising multiculturalism as one of Australia’s greatest assets.The prime minister has tried to soothe concerns around radicalisation following the deadly Parramatta shooting earlier this month, emphasising multiculturalism as one of Australia’s greatest assets.
“We do have freedom of speech in Australia and there are laws that limit hate speech,” Turnbull said.“We do have freedom of speech in Australia and there are laws that limit hate speech,” Turnbull said.