After a day of arguments over amendments to the Migration Act, the Gillard government remains at a political standstill on asylum seeker processing, with onshore processing currently the only viable refugee policy.
First Julia Gillard announced the Migration Act amendments the government was prepared to make in order to get the Coalition to approve them, in order to get around the High Court’s recent decision to rule offshore processing unlawful.
These amendments included assurances that offshore processing countries could not return asylum seekers to dangerous circumstances in their home countries, but these assurances did not have to be enshrined in law. Instead, it was reliant on the immigration minister acting in the “national interest” in picking countries for offshore processing.
“How can an obligation be an obligation if it’s not legally binding?” asked opposition leader Tony Abbott.
Unsurprisingly, Abbott then rejected Gillard’s amendments, saying the Coalition would only allow an amendement which insisted that asylum seekers in Australia were only sent to countries that are signatories of the United National Refugee Convention. Meaning, it would still be impossible for refugees to be sent to Malaysia — Gillard’s policy — but that they’d be able to be sent to Nauru — — a Coalition policy.
Immigration Minister Chris Bowen continued to rule out offshore processing on Nauru, instead declaring the government “would not be going down that road”.
As Jacqueline Maley wrote in The Sydney Morning Herald: “If question time is capable of having a vibe, then this one had a distinct ‘I’d sooner eat a bowlful of my own hair than agree to your amendments’ feel to it.”
If Abbott truly believes the Malaysia policy is a bad idea, then he needs to reject any amendment that would encourage it, says Nikki Savva in The Australian:
“Abbott’s critics claim he would be a hypocrite if he voted against the amendments. In fact, he would be a hypocrite if he voted for them. Any one of the issues he has nominated is ample justification, this time at least, to just say no.”
Does that signal a win for onshore processing? Bowen says yes: “Onshore processing is the current situation — in the absence of any agreement, we do that.”
Onshore processing has long been supported by the Labor Left faction, who yesterday called for the legislation to be redrafted as it claims it breaches Labor party platform. But Labor caucus is expected to vote against the Left’s plan today.
But the government will still attempt to pass the Migration Act amendments through parliament today even though it is a “doomed” policy, as Michelle Grattan writes in The Age, since even if it manages to pass the House of Representatives there’s no way it will pass the Coalition and Greens-controlled Senate.
The latest Newspoll has a low primary vote for the Labor Party but Gillard’s own popularity ratings are up, reflecting that Australians appreciate when their political leaders attempt to compromise on an issue. Not that a compromising is everything. “Gillard’s winning a negotiating war, but the fundamentals have not changed,” writes Dennis Shanahan in The Australian.

65 thoughts on “Deadlock over Malaysia policy”
TheTruthHurts
September 20, 2011 at 9:53 amThe Liberals can make all this pain for Labor go away, all Gillard and Labor need to say is those 3 little words: “Howard Was Right”
Then we will finally have a bi-partisan solution, she can pick up the phone to Nauru and the boats will stop and her political career won’t be over just yet.
The anywhere-but-Nauru solution silliness has just got to stop. The anything-but-TPV’s solution has just got to stop. It’s time that we put back into place the policies that worked in the past and will work into the future.
guytaur
September 20, 2011 at 10:03 amTTH
No all Labor has to do is adhere to its party platform and the Human Rights and Refugee Conventions.
Joining the Greens and say those three little words “Howard was wrong”.
The only winners here are the Greens. A victory brought about by Tony Abbott being too clever by half.
Tony Abbott opposes on shore processing yet here he is voting for on shore processing.
Very damaging and a blow to the right wing off shore policies.
Gillard will keep on shore processing as long as she can blame the boats on Abbott.
As this happens the News Limited focus and the shock jock focus on the boats will go away.
The right result for the wrong reasons.
TheTruthHurts
September 20, 2011 at 10:18 am[“Gillard will keep on shore processing as long as she can blame the boats on Abbott.
As this happens the News Limited focus and the shock jock focus on the boats will go away. The right result for the wrong reasons.”]
LOL, no it won’t.
The call across the nation will go out: GILLARD, PICK UP THE PHONE TO NAURU!
While this option remains on the table, Gillard can’t blame Abbott she can only blame herself for her inability to admit Labor got this one wrong.
Gillard/Rudd caused the boatpeople armada problem by scrapping the policies that worked, it’s clear to fix the problem all she needs to do is eat humble pie and recite these three little words: Howard Was Right
Peter Ormonde
September 20, 2011 at 11:46 amThe question of where the “processing” of boat arrivals will take place will be settled by default … Malaysia, Nauru, Tierra del Fuego or “anywhere else”foundering on the rocks of political posturing and rhetoric. Looks like a decent outcome by accident. Seems apt.
But the “where” has completely overshadowed the “what” in my view. The attitudes and deep seated bigotry exhibited by DIAC officers (see for example Dinstar’s post elsewhere on Crikey) will guarantee that the work of the RRT will continue apace, overturning outrageous and baseless refusals, that refugees will remain behind razor wire and that taxpayers will be carrying both the financial and political costs of a nasty hateful system.
If Bowen was actually serious about fulfilling his responsibilities under the convention, he would be shipping those officers with a track record of overturned decisions off to re-education or getting them out of the way. And he would start at the top where the Howard/Ruddock mindset remains untouched and unchallenged.
These faceless little desk jockeys exercise enormous power over people’s lives and they do so without any form of public scrutiny or accountability. They act on the basis of suspicion rather than evidence and they appear to be answerable to no one.
Time to get the chainsaw out Mr Bowen.
guytaur
September 20, 2011 at 11:47 amTTH
Dream on.
I have spoken the reality. Remember I have been saying all along we are going to have on shore processing now. This because Abbott cannot help himself. He says no even when saying yes is to agree with his policy.
Mr Abbott has voted no to off shore processing. I think this is great.
For those advocating off shore Abbott has just destroyed it. Gillaird will make sure the country knows that.
As I keep saying the only vote winners out of this are the Greens.
Labor may get a long ter benefit as “Stop The Boats” stops being an election issue or can be used against Abbott for voting aginst off shore.
It is certinly no win for Abbott and his party.
I can see the slogan now.
“The Liberal/Nationals just say no”
TheTruthHurts
September 20, 2011 at 11:54 am[“For those advocating off shore Abbott has just destroyed it. Gillaird will make sure the country knows that.
As I keep saying the only vote winners out of this are the Greens.”]
How did he “destroy it” because Labor can’t get over it’s “anywhere-but-nauru” mentality?
Pick up the phone to Nauru Gillard.
[“Labor may get a long ter benefit as “Stop The Boats” stops being an election issue or can be used against Abbott for voting aginst off shore.”]
LOLCOPTER!
The only way Labor are going to stop this being an election issue is by stopping the boats. Onshore solution is going to be a magnet for queue jumpers and people smugglers so the boat numbers will surge and it will kill this useless corrupt Labor Government.
More boats means more votes for the Coalition. Bring it on, lets wipe this Labor Government out federally.
Knack
September 20, 2011 at 12:09 pmTTH;
very interested to understand why you are convinced that re-opening Nauru will just magically ‘stop the boats’?
The greater majority of people who were sent to Nauru (notice im not saying all) previously were assessed as being refugee’s and were placed in either Aus or NZ.
There is valid argument to be made that just because Nauru has signed the RoR convention that does not allow it to meet the test as set out in the High Court ruling in their interpretation of 198(a) of the migration ACT.
Thoughts?
Suzanne Blake
September 20, 2011 at 12:13 pmGillard has already pais Malaysia $800m, no wonder she is desperate for it to go through. More waste
leone
September 20, 2011 at 12:27 pmAbbott isn’t at all concerned about human rights or the welfare of asylum seekers, he just wants his idol Howard’s Nauru option reinstated. He hasn’t yet realised that his stance may well see the government forced to go to onshore processing – I hope that happens.
It’s so easy to fix this – in the short term do all processing on shore. Then, instead of wasting millions on so-called ‘border protection’, fund processing centres in Malaysia and Indonesia as a way to ‘stop the boats’. Processing overseas would stop the boats because there would be no need for them. Am I the only person who can see a bit of sense in this?
Opening Nauru is just not on. It was a nasty, inhumane bit of pandering by Howard and his cronies to the rednecks and shock jocks. It didn’t work then, it won’t work now. Don’t those who want it realise that most people sent there ended up on the mainland after being found to be genuine refugees? Send asylum seekers arriving by boat to Nauru and we’d still have just as many boats arriving. Asylum seekers would know that arriving by boat might get them shipped to Nauru but eventually they’d be processed and moved onshore, so they would still get onto the first available boat.
TheTruthHurts
September 20, 2011 at 12:29 pm[“very interested to understand why you are convinced that re-opening Nauru will just magically ‘stop the boats’?”]
Because it’s been tested to work.
In 2001 there were 5500 boatpeople, in late 2001 the Pacific Solution was introduced.
In 2002 there was 1 boatperson. ONE. A single boatperson.
Nauru has been tested and we know it worked. Malaysia has only a 800 person limit and Gillard’s already had some 900 boatpeople since she announced the deal. What happens when she reaches person number 801, throw another $350 Million at the Malaysians and take another 4000 of theirs? It’s ridiculous!
Not only that, we’ll have Four Corners there with cameras rolling in Kuala Lumpa showing kids Gillard sent there working the streets trying to make money.
The Malaysian Non-Solution has so many holes in it, it’s not funny.