letter to cross benchers on Border Protection etc Bills and the responses

Dear Senator 

You will have received many letters and emails concerned with the content of the proposed Border Protection and the Customs and other Legislation Amendment Bills, highlighting specific problems.

Each point of detail in these bills reduces the power of Parliament and lessens transparency.

There is too much secrecy in the treatment of asylum seekers at the moment without increasing the powers of the Minister.

In the Border Forces Bill, section 23, the Minister does not have to declare to Parliament directions on policies and priorities given to the Border Forces Commission until 15 sitting days after making those directions.

The Customs and other Legislation Amendment Bill, is intended to protect the Minister and others from proper scrutiny or accountability over the treatment of asylum seekers.

Please oppose these bills.

Sincerely yours 

David and Irene 

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"Your comments have been noted.

 Regards,

David Leyonhjelm"

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"It’s always great to receive feedback from the community so I can best represent your needs in the Senate.

 If you live outside of SA, you can search for your Federal Member or Senator at http://apps.aec.gov.au/esearch/."

 Nick Exenophon

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"All emails received will be taken into account, and if further clarification is required, my office will be in contact with you."

Senator Ricky Muir

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"Thanks for your email. Due to the large number of emails I receive each day, I am unable to respond personally but I do make a point of reading all communications. I welcome your comments and input."

John Madigan

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It’s always great to receive feedback from the community so I can best represent your needs in the Senate.  If you are a Tasmanian resident or an Australian Veteran, please ensure you have included your address and phone number in your email so we can contact you if I require further information.

Jackie Lambie
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Senator Day appreciates the time you have taken to express your view on these important issues and will take these views into consideration. Senator Day’s advisors are currently reviewing the legislation and do not have a position at this time.

Senator Day appreciates that you have written to him about a current issue that concerns you.  The Senator has been elected as a Family First Senator for South Australia on a platform of “Every family, a job and a house”.  This is a massive task which promotes independence and self-reliance, reducing the need for government intervention. This leads to smaller government, lower taxes and therefore more money in the pockets of families. Senator Day therefore has a limited capacity to advocate for (a) issues outside of his State or (b) policy priorities beyond that focus.  Having said that, Senator Day has indicated above what he has to say about the issues that you have raised.

Bob Day

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No response from Senator Wang

Australian Border Protection Bill 2015 letters to cross benchers 29 March 2015

Please see below the letter that I have sent to 

the eight cross benchers

Dear Senator Xenophon,

Australian Border Force Protection Bill 2015 [Provisions]

Customs and Other Legislation Amendment Bill 2015

I have read with increasing dismay the details of the two above Bills, which will come before Parliament when it resumes in May. 

The Minister for Immigration and Border Protection already has extensive powers in relation to border protection and the management of both onshore and offshore detention centres. The secrecy and complete lack of parliamentary scrutiny surrounding these operations are already a matter of serious public concern. You will of course be aware that, on the few occasions that investigations into activities within the Minister’s portfolio have taken place, the government’s response has been limited, for the most part, to shooting the messenger, including the Australian Human Rights Commissioner and the United Nations.

The Australian Border Force Bill 2015 seeks to increase further the powers of the Minister and to make it more difficult for either the public or Parliament to hold him to account. Section 10, for example, gives the Australian Border Force Commissioner the power to do all things necessary  or “convenient” for, or in connection with, the performance of his or her duties. This is clearly open to an abuse of power. Section 23 allows the Minister to give directions to the Border Force Commission about policies and priorities to be followed. He does not have to declare these directions to the House of Parliament until 15 sitting days after the direction has been given. This gives the Minister far too much power and removes his accountability to Parliament by allowing him to act without prior approval.

There are other sections in the Bill which are of serious concern. It seems clear that the Bill’s central purpose is to give the Minister free rein in the conduct of his duties, and to enable him to escape proper scrutiny and accountability for his actions and for the actions of those who report to him.

The Customs and Other Legislation Bill 2015 clearly seeks to protect the Minister and those answerable to him from any proper scrutiny or accountability in relation to the treatment of asylum seekers.  It  gives carte blanche to authorised officers to do whatever it takes to maintain good order in detention centres. It further enshrines the current climate of secrecy and lack of accountability, making it almost impossible for whistle blowers to raise legitimate concerns about the management and treatment of asylum seekers. Asylum seekers, who are already subjected to threats and violence at the hands of those who are employed to protect them, will find it virtually impossible to seek redress if this Bill is passed.

This is not how a developed democratic country should operate. We are surely better than this. I urge to to examine the details of these two Bills when they come before the Senate, and to do all you can to ensure that they are rejected.

Yours sincerely,

Mike Griffin

Senator Bob Day AO (SA) (Family First) Commonwealth Parliamentary Offices 100 King William Street
Adelaide SA 5000 senator.day@aph.gov.au
Senator Jacqui Lambie (Tas) (Independent) 29 Wilson Street
Burnie TAS 7320 senator.lambie@aph.gov.au
Senator Glenn Lazarus (Qld) (Independent) PO Box 228
Brisbane QLD 4001 senator.lazarus@aph.gov.au
Senator David Leyonhjelm (NSW) (Liberal Democratic) PO Box 636
Drummoyne NSW 1470 senator.leyonhjelm@aph.gov.au
Senator John Madigan (Vic) (Independent) 17 Albert St
Ballarat Vic 3350 senator.madigan@aph.gov.au
Senator Ricky Muir (Vic) (Independent) Level 4, Treasury Place
Melbourne VIC 3002 senator.muir@aph.gov.au
Senator Dio Wang (WA) (Palmer United) PO Box 6120
East Perth WA 6892 senator.wang@aph.gov.au
Senator Nick Xenophon (SA) (Independent) Level 2
31 Ebenezer Place
Adelaide SA 5000 senator.xenophon@aph.gov.au
Also:
Mr Clive Palmer MP
Palmer United Party
PO Box 1978
Sunshine Plaza, QLD, 455 

Analysis of Border Protection Bills click on http://bellorar.blogspot.com.au/2015/03/border-force-bill-section-9-gives.html

Letter to senate cross benchers following passing of Marine and Maritime Powers amendments bill

9.12.14

Dear Senator Xenophon,

I was dismayed to learn that you voted for the government's  Marine and Maritime Powers amendments in the Senate last week. I realise that you may have felt under immense pressure to support the bill, given that the Minister for Immigration had cynically linked its passage to the release of children from detention on Christmas Island. It saddens me greatly that you caved in to this bullying tactic.  

You know as well as I that there was nothing in the  amendments relating to the release of children in detention, and that the government could have chosen to release all children and their families from detention at any time since coming to office.

You have now passed into law a most shameful piece of legislation, which gives the Minister for Immigration unprecedented, unchallengeable and secret powers to determine the fate of individual asylum seekers. 

You have removed all references to the Refugee Convention from the legislation, notwithstanding the fact that Australia is a signatory. You have decided that Australia can now flout its international obligations with its "new, independent and self-contained statutory framework". 

You must be well aware that you have given powers to the government which will enable it to return asylum seekers to places where they have been, or will likely be, persecuted, tortured or worse.

You must also know that the reinstatement of TPVs is a backward step. As in the past, placing vulnerable, traumatised asylum seekers in limbo, for purely political ends, will cause serious damage to their mental health and wellbeing. Last time round, more than 90% of asylum seekers on TPVs were ultimately granted permanent protection, but the cost of attempting to repair their damaged lives has been immense. 

Why repeat the same mistakes?

The passing of this legislation was a very dark day for asylum seekers, for the upholding of human rights and for our international obligations. We should all hang our heads in shame.

                                                                                                            

Yours sincerely,

Mike

Letter to Senate cross benchers - 23 November 2014

Letter to cross bench Senators 23 November 2014