Archival Rescue 40 ~ Aus detention

Howard spits dummy, backbenchers grow spine;

Howard explodes at MP's revolt
By Louise Dodson Chief Political Correspondent May 25, 2005 Sydney Morning Herald

The Prime Minister, John Howard, has reacted furiously to a backbench move to overturn the Government's detention policy and push a vote on the release of all long-term detainees.

Three Liberal MPs gave notice in the party room yesterday that they would introduce two private member's bills that would soften mandatory detention for asylum seekers.

The move by Petro Georgiou, Bruce Baird and Judi Moylan attracted the public support of another MP, Russell Broadbent, and caught Mr Howard visibly off guard.

He forcefully told MPs that the Government owed its political success to the policy and that he would not be changing it or allow a conscience vote. Those at the party meeting described his mood as "very, very angry". He insisted Mr Georgiou defer his bills until next Tuesday when the party could hold a full-scale debate.

This has unleashed a torrent of campaigning from both sides. Ms Moylan said she thought more Liberal MPs would support the softer approach to detention.

The split follows several bungles by the Immigration Department and comes at a time when the party is already divided over leadership. At this stage, Peter Costello's supporters say detention is a separate issue because the Treasurer's position is the same as Mr Howard's. The detention debate will also put pressure on the Labor Party to support Mr Georgiou's bills.

Mr Howard thought he had headed off the dissent on the treatment of detainees when Cabinet agreed in March to release a limited number of asylum seekers under a new visa category.

However, Mr Georgiou, Mr Baird and Ms Moylan continued to work secretly on their legislation and Mr Howard's office was given notice of it on Monday.

Since 1996, several private member's bills have been introduced but only on issues where the Prime Minister has allowed a conscience vote, such as on euthanasia.

Mr Georgiou's bills would allow, after health and security checks, the release of asylum seekers detained for longer than 12 months. They would give those on temporary protection visas permanent residency and release women and children from detention.

They would also overturn the Immigration Department's strong powers in determining detention policy by giving an independent judicial assessor the power of review. This position determining detention policy by giving an independent judicial assessor the power of review. This position would be filled by a judge or retired judge.

The bills, according to Mr Georgiou's outline, would replace "the system of universal mandatory detention of unauthorised asylum seekers with a targeted system of detention subject to judicial scrutiny". They would also "end the system of providing only temporary protection visas to some people who have been found to be refugees".

Ms Moylan spoke passionately in the party room on the need for the change, saying the treatment of asylum seekers was a test of Australia's democracy.

"As a party and a government we have always stood for a fair go and a vigorous democracy based on the rule of law and justice for everyone," she told the Herald after the meeting. "We have fought in two world wars … to preserve democracy and the rule of law.The policy of detaining people without charge does not uphold that principle. We lock up people who are fleeing regimes which we have fought against."

The bills were a sensible solution and would provide transparency and greater account-ability, Ms Moylan said. The Immigration Department had the power to detain people without charge, greater powers than any other body.

MPs in favour of the bills argue that community attitudes to detention have changed following the public outcry over the detention of Cornelia Rau and the deportation of Vivian Alvarez to the Philippines.

The Government has offered to compensate Ms Alvarez and pay some of her medical and counselling costs on her return to Australia. Ms Rau also wants compensation from the Government.