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A teary Sarah Hanson-Young says the government’s bill currently before the Senate plays with the lives of asylum-seekers.

Shadow Treasurer Joe Hockey gave a dramatic speech in Parliament amid discussions over asylum seekers

Another asylum boat carrying around 150 people has capsized north of Christmas island, with authorities scrambling to rescue survivors.

The tragedy is occuring only a week after a similar disaster (pictured) where up to 90 people died. Picture: AP
Source: Supplied

THE Senate has voted down Independent MP Rob Oakshott’s asylum seeker legislation.

The Senate spent seven and half hours on Thursday debating Independent MP Rob Oakeshott’s private members bill, which passed the lower house late on Wednesday.

The Migration Legislation Amendment (The Bali Process) Bill 2012 would allow the government to implement its people-swap deal with Malaysia and permit the reopening of a detention centre on Nauru.

It was defeated 39 votes to 29, as Greens lower house MP Adam Bandt watched on.

A Greens amendment to increase Australia’s humanitarian intake from 13,750 to 20,000 and increase funding to the United Nations High Commission for Refugees to bolster processing in Indonesia and Malaysia was also defeated.

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Before the vote, Labor’s leader in the Senate Chris Evans took a final swipe at opposition and Greens senators, after Prime Minister Julia Gillard earlier in the day called for the senate to pass the bill.

“Where were you when you had the opportunity to do something,” he said.

Earlier, Foreign Minister Bob Carr criticised the High Court for ruling against the “Malaysia Solution” last year.

Senator Carr said arrivals had tripled from 313 in October to 895 in November after the court’s ruling last August

“I must say it was one of the most questionable and curious High Court decisions in memory.”

“Without the Malaysia arrangement what we have is an improvised, cobbled-together Indonesia arrangement that the Indonesians don’t want,” he said.

The comments were part of an emotionally charged debate in the Senate, where politicians will vote on the asylum seeker Bill that looks set to fail.

Greens Senator Sarah Hanson-Young broke down and cried as she spoke about the plight of detainees, while senior Gillard Government frontbencher Chris Evans revealed the legislation challenged some of his “philosophical” positions.

The Bill revives the Gillard Government’s scuttled Malaysia people-swap deal and would allow for offshore processing on Nauru – the opposition’s preferred option.

Senator Evans said he was the person who, after Labor was elected in 2007, closed the detention centre on Nauru, and who ended the controversial temporary protection visas.

“I find a lot of this debate very difficult,” he said.

“I know (the Bill is) controversial but it’s been adopted by this government.”

An emotional Greens Senator Sarah Hanson-Young – flanked by all of her Greens colleagues – broke down in tears as she addressed the chamber.

She called on the Prime Minister to work with regional neighbours, including Indonesia, to find “a better way”, and said that the Greens would oppose the bill.

“When people are right on your doorstep we have an obligation to help them,” she said.

Julia Gillard this morning said her door was open to senators who wanted to discuss the asylum seeker bill.

The Prime Minister called on every senator in the upper house to “examine their conscience”.

“My door is certainly open to any senator who wants to come and speak with me this morning about the Bill before the Senate,” the PM told ABC Radio.

“I want us to leave parliament today with laws that enable us to process asylum seekers offshore with laws that will send a message of deterrence.

“I don’t want to see a 13-year-old girl drown at sea in the weeks between now and when this parliament comes back in the spring. We’ve seen too many people lose their lives at sea. We have to act.”

The rush to solve border protection policy was triggered when four people died when a boat capsized in Indonesian waters yesterday. And another asylum vessel carrying 100 people was detected in Christmas Island last night.

The Bill was put forward by independent MP Rob Oakeshott. It is opposed by both the Greens and the Opposition.

The Government-supported legislation passed narrowly by the House of Representatives yesterday will likely be rejected by a combination of the Greens and the Opposition.

The Greens reject all third-country processing and an angry Opposition Leader Tony Abbott is unlikely to help her.

The legislation, put up by Oakeshott passed 74 votes to 72 at 7.59pm last night (AEST), after almost six hours of heated debate and as the crossbenchers sided with the Government.

Mr Oakeshott’s Bill is aimed at bridging the Government’s proposed changes to the Migration Act to allow offshore processing in Malaysia against Opposition demands for humanitarian safeguards.

It will allow an immigration minister to designate any nation as an “offshore assessment country” as long as it was party to the Bali Process, which includes Malaysia.

The Coalition had wanted to ensure refugees were only sent to countries which had signed the UN refugee convention, which would exclude Malaysia.

Labor Senator Bob Carr took aim at the High Court’s interference with the “Malaysia Solution”.

Boat arrivals had tripled from 313 in October to 895 in November after the court’s ruling last August, he said.

“I must say it was one of the most questionable and curious High Court decisions in memory.”

The opposition objected to the remark but Senate President John Hogg ruled it in order.

Senator Carr said the absence of a clear deterrent was seen as an open door to Australia.

Senator Nick Xenophon says the compromise laws need to be accepted.

“The Australian people are entitled to regard the federal parliament – if we can’t resolve this in the next day – as a bunch of petty piss-ants,” the South Australian told ABC radio.

Senator Xenophon said while he had previously supported onshore processing, he was willing to change his position.

“Sometimes purity can be a little dangerous … in the circumstances we need to rethink this,” he said.

“The fact is that the numbers are not there for onshore processing. It is offshore processing which is what the major parties want.”

But Senator Xenophon won’t be able to vote because he is in hospital in Adelaide. A spokeswoman said he had an inner-ear infection and can’t travel.

The Prime Minister said the legislation would give Australia effective laws to deal with the issue.

Opposition Leader Tony Abbott says the Coalition won’t support the Federal Government’s asylum seeker legislation and it’s doomed to fail in the Senate.

Mr Abbott said the House of Representatives had voted for a stalemate not a solution.

“I deeply regret that fact that the legislation that passed through the House of Representatives earlier this evening is doomed to fail in the Senate,” he told a media conference.

“By this time tomorrow, the Government is going to be back to square one,” he said.

Mr Abbott said Ms Gillard must have known there was no way the Senate would support this legislation.

“The public are sick of a Government that blames the Opposition for its problems,” he said.

 

Greens senator Sarah Hanson-Young said offshore provisions in the Bill were unacceptable because the human rights of asylum seekers would not be protected.

The Greens will put present its own solution to the Senate after seeking expert advice which took international law into account.

“The last thing we want to see is nothing happens,” she told reporters.

“We need to offer solutions that protect people not punish them.

Senator Hanson-Young cried as she told the story of a 15-year-old Afghan orphan called Hussein, whose sister sacrificed everything she owned so he could have a better life in Australia.

Hussein was one of 500 people locked up on Christmas Island waiting to find out if he was going to be sent back to Malaysia before the High Court quashed the arrangement last year.

Now he is living with a family in Australia, learning English at school and will make “a fine Australian”.

“These are the lives of the people we are playing with,” Senator Hanson-Young said.

Labor senator Doug Cameron accused the Greens of being unrealistic.

“I’m sick and tired of the pontification from the Greens party in relation to these issues,” he said.

While the senator was opposed to offshore processing of asylum seekers, he saw the Oakeshott bill as “a first step” towards a suitable regional solution.

Liberal Simon Birmingham criticised the bill for allowing offshore processing of asylum seekers in Malaysia.

He argued the Howard government’s approach “was a proven formula that worked” and that didn’t jeopardise their human rights.

The Opposition’s offer

As the Senate began its debate of the Bill from Mr Oakeshott, which the Government is backing, Opposition immigration spokesman Scott Morrison again offered amendments he said would end the impasse.

It was the same offer Opposition Leader Tony Abbott made yesterday to increase the intake of refugees from around 13,000 to 20,000 a year in three years, and limit off-shore processing to signatories of the UN convention on refugees.

Mr Morrison said the Opposition policy was a necessary Plan B because “the government, the independents and the Greens voted for deadlock”.

“The Prime Minister chose to reject that offer, and drive the Parliament once again into an asylum seeker cul-de-sac we seem to be stuck in here,” he said.

“The opportunity in the Senate today is to drive out of that cul-de-sac, and get back on the road of progress.”

He said: “If the Government is going to vote again today for deadlock, if the Government is again going to vote today to prop up a failed leader, by trying to secure a hollow victory as they did in the House of Representatives yesterday then I’ll be extremely disappointed.”

The rescue

The Australian Maritime Safety Authority (AMSA) said the search and rescue operation mid-way between Christmas Island and Indonesia had been completed.

Border Protection Command deployed HMAS Maitland, HMAS Leeuwin and a RAAF AP-3C Orion maritime patrol aircraft to the scene to render assistance. Three merchant vessels also responded to AMSA’s call for assistance.

Vessels on the scene rescued 130 survivors and recovered one deceased person.

Based on information from the survivors, including crew members, it is now believed that there were 134 people on board and that three people went down with the vessel.

Following an intense search and rescue operation during the day, no more survivors or deceased people have been sighted in the search area by on scene aircraft or vessels.

All survivors and the one deceased person have been transferred to HMAS Leeuwin were taken to Christmas Island this morning.

The capsize is the latest in a series of refugee boat disasters in recent years, as rickety, overloaded vessels packed with desperate migrants struggle to reach Australia.

More tragedy

The incident comes barely a week after another boat with around 200 people on board went down in the Indian Ocean as it made its way to Australia.

Rescuers managed to save 110 people and 17 bodies were recovered, but no other survivors have been found.

Most boats originate in Indonesia, though there has been a spike in attempts from Sri Lanka.

Though they come in relatively small numbers by global standards, asylum-seekers are a sensitive political issue in Australia, dominating 2010 elections due to a record 6555 arrivals.