Key Takeaways
- The Australian parliament is expected to pass laws targeting hate groups after Labor struck a deal with the Liberal Party to tighten the scope of the bill.
- The updated bill defines a hate group as one that promotes violence, addressing concerns that the original draft could restrict freedom of speech.
- The Coalition’s formal position on the bill remains unclear, with the Nationals yet to settle on a view and some Liberals expressing reservations.
- The bill sets out a process for designating hate groups, including input from intelligence and law enforcement, and requires the opposition leader to be briefed.
- The operation of the laws will be subject to review every two years by the parliamentary joint committee on intelligence and security.
Introduction to the Bill
The Australian parliament is on the verge of passing laws that target hate groups, following a deal between the Labor Party and the Liberal Party to refine the scope of the bill. The agreement, struck between Prime Minister Anthony Albanese and Opposition Leader Sussan Ley, aims to address concerns that the original draft could restrict freedom of speech. The updated bill, introduced to the lower house by Attorney-General Michelle Rowland, defines a hate group as one that promotes violence, such as Hizb ut-Tahrir and Neo-Nazis.
The Road to Agreement
The journey to this point has been marked by uncertainty and negotiation. Labor had already made significant changes to its plans to win Coalition support, dropping a contentious new criminal offence for hate promotion over the weekend. On Tuesday morning, Home Affairs Minister Tony Burke said a deal was "very close" and Ms Rowland said talks had "come a long way". However, the Nationals senator Matt Canavan voiced concerns shared by colleagues privately about whether groups other than violent extremists could be captured by the laws. Despite these concerns, Shadow Attorney-General Andrew Wallace and Liberal frontbencher Julian Leeser spoke in support of the bill in the lower house.
The Coalition’s Position
The Coalition’s formal position on the bill remains unclear, with the Nationals yet to settle on a view and some Liberals expressing reservations. The Liberal and National party rooms have not held a meeting to agree on a joint position, as is the usual practice. One Liberal MP told the ABC that many in the party would vote for the bill with "gritted teeth". The delay in announcing the agreement has added to the uncertainty, with Sussan Ley’s press conference being postponed. However, Mr Leeser said the Liberal Party had made "the choice to be constructive, to pass this legislation as a step in the right direction".
The Bill’s Provisions
The updated bill sets out a process for designating hate groups, which includes input from intelligence and law enforcement and requires that the opposition leader be briefed. Unlike the initial draft, the version presented by Ms Rowland would see that briefing occur both for new listings and for de-listings, addressing another Coalition concern. The operation of the laws would be subject to review every two years by the parliamentary joint committee on intelligence and security. The bill also proposes tougher powers for the home affairs minister to deport those who spread hate, which the Coalition has indicated support for. Ms Rowland emphasized that the laws were tightly focused and would not "trespass on to legitimate free speech".
Implications and Next Steps
The passage of the bill is expected to have significant implications for the regulation of hate speech in Australia. The laws will provide a framework for designating hate groups and will give the home affairs minister greater powers to deport those who spread hate. However, the uncertainty surrounding the Coalition’s position and the potential for further amendments means that the final shape of the laws is still unclear. As the bill progresses through parliament, it is likely that there will be ongoing debate and negotiation about its provisions and implications. Ultimately, the passage of the bill will depend on the ability of the Labor Party and the Liberal Party to work together to address the complex issues surrounding hate speech and extremism.
