Christine Milne (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I ask that general business notice of motion No. 276 standing in my name and in the name of Senator Xenophon for today relating to recognition the United Nations accepted term 'occupied Palestinian territories' be taken as a formal motion.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

Is there any objection to this motion being taken as formal?

Mitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | Link to this | Hansard source

Yes.

John Hogg (President) Share this | Link to this | Hansard source

Formality has been denied, Senator Milne.   

Christine Milne (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

Leave is granted for one minute.

Christine Milne (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I rise to say how disappointed I am that formality has been blocked for this particular matter. It is a critical issue, something which the Senate ought to be able to resolve today. The fact of the matter is 'occupied Palestinian territories' is an internationally accepted term and is used by the United Nations. The Australian government is an embarrassing Australia every day by refusing to use the United Nations recognised term. I do not accept the idea that because this is a foreign affairs matter it cannot be resolved. It is very specific. It is clear in the fourth Geneva convention and the Australian Greens believe that this Senate should make a very fair statement to the government in particular that we stand by the United Nations and the force Geneva convention. (Time expired)

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

Leave is granted for two minutes.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

I thank the chamber. Labor is denying formality on this motion for the reasons outlined in my statement to the Senate on 25 March this year. The Australian Labor Party believes that complex or contested matters of foreign policy should not be dealt with in summary fashion by this chamber and nor, in the absence of extraordinary circumstance, do we support the suspension of standing orders to bring on immediate debate. Senator Milne in her contribution, conflates two issues. One is the substantive issue and the second is the capacity of the Senate to resolve these matters. I do not think even the most ambitious of senators would suggest that a motion dealt with in summary fashion will resolve a foreign policy matter such as the one which is the substance of this motion.

I would emphasise that there is much in this motion which reflects the position of the Australian Labor Party on Palestine and the occupied territories including occupied east Jerusalem. Indeed, much of the motion is consistent with what used to be the bipartisan consensus in this country. Labor remains committed to supporting and enduring and just two-state solution to the Israeli-Palestinian conflict. The term 'occupied territories', including in relation to occupied east Jerusalem, is accepted in the international community. The United Nations General Assembly has, in many of its resolutions, used the same language. Freelancing on foreign policy has serious consequences. Senator Brandis's actions have isolated Australia from the international community and are another foreign policy embarrassment the Abbott government.

Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

Leave is granted for one minute.

Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

As co-sponsor with Senator Milne, I indicate my disappointment that we cannot have a vote on this motion. I refer to what Professor Ben Saul, Professor of International Law at the University of Sydney, has stated:

Australia’s new view is starkly at odds with the true status of east Jerusalem under international law.

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It also corrodes the international rule of law and violates Australia’s international law obligations.

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The term 'occupation' is therefore not pejorative or judgmental. It is an objective legal description of Israel’s physical control of a place beyond Israel’s borders at independence in 1948.

I also refer honourable senators to the advisory opinion of the International Court of Justice in 2004 which confirmed that territory can be occupied even if there is an underlying dispute about sovereign ownership of that territory. I believe the Australian government has made a mistake in going down this course and I regret that we cannot vote on this motion.