Abolishing detention debt - Closing a dark chapter on Australia’s detention policy
As Federal Parliament rose for the winter recess, both the Government and Opposition were glad to escape Canberra and the Ute-Gate affair that has embattled both sides of politics.
One aspect that escaped the media glare was the Migration Amendment (Abolishing Detention Debt) Bill 2009. The Bill abolishes the charges imposed on immigration detainees and waives all existing debts for current and former detainees, but there will be no refunds of debts already paid.
The Bill is in line with the unanimous recommendation of the Joint Standing Committee on Migration in December 2008 that the Government repeal the liability of immigration detention costs and waive existing debts. People convicted of people smuggling or illegal foreign fishing will still be liable for their costs of detention and removal, to recognise the seriousness of these offences.
During his Second Reading speech, the Minister for Immigration and Citizenship, Senator Chris Evans, explained that most immigration debts are written off because they are uneconomical to pursue. He stated:
“Recent figures provide an apt demonstration of the ineffectiveness of this policy. During 2006-07 and 2007-08, immigration debt raised was $54.3 million of which $1.8 million (or 3.3 percent) was recovered. $48.2 million was written off by the Department as uneconomical to pursue while $4 million was waived. For the 2006-07 and 2007-08 financial years, the balance of $0.3 million is under active debt management.”
Senator Evans pointed out that no other country with immigration detention facilities holds people liable for their detention costs.
As many as 15 Opposition members were prepared to speak out against the Bill and Liberal moderates such as Petro Georgiou, Russell Broadbent, Judi Moylan and Dana Vale reserved the right to cross the floor.
Petro Georgiou stated in his speech: “The Bill to abolish detention debt takes another step towards closing a dark chapter in our history involving the incarceration of men, women and children behind razor wire in isolated locations. It is about the imprisonment of innocent people for periods longer than criminals convicted of serious felonies. It is about the demonisation of people fleeing persecution.…We have an obligation to our own and to future generations to support this Bill.”
The Bill will be debated in the Senate when Parliament resumes in August. Rev Dr Gordon Moyes said: “I urge the Opposition Senators to abolish the unjust and ineffective regime and support this Bill. We must show compassion to those who have been held in detention. This is a sensible Bill that abolishes a harsh, and inequitable system which in turn impacts on the ability of former detainees to settle in Australia.”
The passing of the Bill in the House of Representatives heralds an important change in the treatment of persons who have been subject to immigration detention and closes a dark chapter on Australia’s detention policy.
