Additional comments by Labor Senators
Summary
Labor Senators support the
implementation of a Maritime Security Identity Card (MSIC) regime.
Labor Senators strongly endorse the
recommendation that the Department of Transport and Regional Services review the
draft Maritime Transport and Offshore Security Amendment Regulations 2005 (the
draft regulations) to positively address the many concerns expressed by this
committee.
Comments
Labor Senators draw particular
attention to the following issues:
Inspector of Transport Security
Labor Senators note that the Inspector
of Transport Security has played no role in the development of the draft
regulations despite the previous Minister for Transport and Regional Services
claiming the appointee would examine “systemic transport security weaknesses to
ensure security vulnerabilities are identified and addressed.”
It is clear to Labor Senators that the
absence of a maritime identification card regime constitutes a transport
security weakness.
The Inspector of Transport Security
should have been involved in the task of developing the MSIC regime.
Mr Bill Ellis, the “acting” Inspector of Transport Security describes his
appointment as follows:
My
understanding is that I am appointed to a sort of panel
position, where the inspector is the head of the office and other people would
be appointed to a panel—of experts, or whatever—should the
need arise to handle particular investigations.[132]
It is clear from Mr Ellis description that he does not consider himself to be acting
in the position of Inspector of Transport Security.
In our view, it is disingenuous of the
Department of Transport and Regional Services to describe him as such.
Timing
Labor Senators regret the government’s
decision to delay the release of ‘final’ draft regulations to members of the
industry working group and the committee until 8 July 2005 which gave witnesses and committee members just one working
day to consider the amendment draft regulations before the hearing.
As noted in the report, the manner in
which the amended ‘final’ draft regulations were circulated to working group
casts doubt over the adequacy of the consultative process.
The announced gazettal timetable (21 July 2005) reveals an unhealthy disregard for the role of the Senate
and this committee in particular.
Working group
Subject to the willing participation of
working group members, Labor Senators believe the life of the working group
should be extended through the roll-out phase to 1 July 2006.
Criminality
The report notes the evidence that
draft table 6.07C in the draft regulations does not reflect the working group
agreement on the level of criminality that would constitute the
disqualification of an MSIC application.
It also notes the government decided to amend earlier draft regulations
so the final draft did not reflect the working group consensus. Labor Senators consider this decision
regrettable.
While reassured that Part IIA of the Crimes Act 1914 does not fall within the
meaning of Part II contained in draft table 6.07C in the draft regulations,
Labor Senators are concerned about the inclusion of the whole Part II,
particularly sections 28 and 29.
Labor Senators are not satisfied that
provisions related to interfering with political liberty and property offences necessarily
constitute maritime security related offences.
This matter was raised during the
hearing:
Senator
O’BRIEN— ...What is the relevance of section 28 to maritime security?
Can you explain that to me, please?
Ms Liubesic—It was because there were a number of other categories in
that part. That is why the whole part appears in the crimes list.
Senator
O’BRIEN—If the regulation had said ‘part II, except sections 28 and
29’, for example, that would equally cover what you intended to cover?
Ms Liubesic—That is right.
Senator
O’BRIEN—So it could be a drafting error.
Ms Liubesic—Yes.
Senator
O’BRIEN—What about 29? Why is that in there?
Ms Liubesic—Again, it is the same sort of issue where the part was
relevant to what we were trying to do, so we just included the entire part.[133]
Labor Senators remain dissatisfied with
the department’s response and urge the government to reconsider the inclusion
of these offences in draft table 6.07C for reasons of convenience or, worse,
drafting error.
We draw the government’s attention to
the intended lax operation of draft regulation 6.07K which would, on the face
of it, permit persons convicted of disqualifying offences, including supplying
in weapons of mass destruction, access to maritime security zones when engaged
in a “recreational activity”.
Labor Senators are not satisfied by the
government’s assurance that such persons would need to be escorted to gain
access. Such persons should not have
access to maritime security zones under any circumstances.
Post roll-out phase
Labor Senators share the concerns
expressed by witnesses that the planned devolution of critical
responsibilities, including assessment, to issuing bodies post-1 July 2006 has
the potential to compromise the privacy of MSIC applicants and the overall
integrity of the MSIC regime.
We urge the government to put national
security interests ahead of narrow budgetary concerns and reconsider its
decision to devolve critical responsibilities to issuing bodies from 1 July
next year.
Cost recovery
Labor Senators are not satisfied the
government has adequately addressed concerns about cost recovery.
The committee heard varying cost
estimates and suggestions in relation to where the cost burden associated with
obtaining a MSIC might fall.
Labor Senators believe the matter of
cost recovery should be referred to the working group for further discussion.
Temporary access
Labor Senators are deeply concerned by
the government’s intention to permit access to maritime security zones by
non-MSIC-holders subject to little more than closed circuit television
surveillance.
While welcoming the committee’s
recommended strengthening of the access regime through a ‘sign in’ system and
one to one surveillance, Labor Senators believe no cogent argument has been
presented for the proposed open access to maritime security zones.
We believe that access by
non-MSIC-holders has the potential to degrade security and undermine the
integrity of the strengthened maritime security regime.
Labor Senators urge the government not
to replicate in a maritime context the airside access regime currently in place
at airports and under external review due to identified deficiencies.
We urge the government to strengthen
the proposed access regime by developing new regulations in consultation with
members of the working group.
Foreign seafarers
Labor Senators note that foreign
seafarers are not required to obtain a MSIC.
Nor does the proposed regime enhance
security checks on foreign seafarers.
The joint unions’ submission identifies
poor screening of foreign seafarers as a weakness in Australia’s maritime security.
It is a matter of regret the government
has failed to address improved screening of foreign seafarers alongside the
improved screening of Australian seafarers and other maritime and transport
workers.
Labor Senators urged the government to
address this anomaly in consultation with members of the working group.
Coastal permit system
Labor Senators are concerned about the
integrity of the coastal permit system and the potential impact on maritime
security arising from its abuse.
We note that an audit of the coastal
permit system has identified manifest inadequacies in its administration.
Labor Senators urge the government to
release the audit report and provide the committee with details of changes to
procedures already implemented and proposed to be implemented through revised
regulations governing coastal trading.
Abuse of maritime security
Labor Senators note evidence to the
inquiry that some ships masters have abused the maritime security regime to
achieve industrial objectives.
We urge the government to take action
against maritime industry members who exploit security measures to achieve
non-security-related objectives.
Container inspections and transport of high consequence
dangerous goods
Labor Senators note the finding of the
report that concerns over inadequate screening of containers transhipped
through Australian ports and the carriage of high consequence dangerous goods
by flag of convenience ships warrant government consideration.
We believe such glaring deficiencies in
Australia’s maritime security – identified in submissions to this
inquiry – must be addressed as a matter of priority.
Senator Anne McEwen (ALP, South Australia)
Senator Glenn Sterle (ALP, Western Australia)
Senator Kerry O’Brien (ALP, Tasmania)
Senator Ruth Webber (ALP, Western Australia)
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