Prime Minister Julia Gillard has warned the Senate it would an act of destruction not to pass laws removing the legal uncertainty over offshore processing of asylum seekers.
The laws passed the lower house of federal parliament on Wednesday night after an emotional debate that lasted almost six hours and a last-minute amendment from an independent MP.
But the Australian Greens say they will block the bill in the Senate, which goes to the upper house on Thursday, and want all parties to take part in a committee to find a long-term solution that respects human rights.
“We are on the verge of getting the laws we need,” Ms Gillard told reporters in Canberra.
“It would be tremendous act of destruction and tremendous denial of the national interest … to conduct yourself in a way which means there are no laws.”
As 125 passengers from a second asylum seeker boat to sink in a week were rescued off Christmas Island, with one body recovered, Ms Gillard asked independent MP Rob Oakeshott on Wednesday to bring on his draft bill.
The bill was aimed at removing legal doubt, created by the High Court judgment, that Australia can enter into offshore processing deals with other countries, but ensures that any deal is in line with the Bali framework on refugees.
“We have seen too much tragedy and I can’t, and I don’t believe other members of parliament can now sit here with the prospect of more tragedy to come,” Ms Gillard told parliament.
Independent MP Andrew Wilkie’s amendment put just before 7pm (AEST), to put a 12-month sunset clause on the bill, and a subsequent change of heart by fellow independent Bob Katter were the turning points in the debate that helped deliver the government a narrow two-vote win.
Ms Gillard said the sunset clause would enable the public to see how the policy operated and gave more time to gather ideas for a long-term policy.
Earlier, Opposition leader Tony Abbott talked three moderate Liberal MPs out of crossing the floor on the bill.
Mr Abbott had attempted to bring on his own bill – to ensure any offshore processor was a signatory to the United Nations refugee convention – just minutes before Ms Gillard announced Labor would push ahead with the Oakeshott bill.
Mr Abbott said it was important for the sake of asylum seekers’ human rights for any offshore processing country to have signed the convention.
He later moved an amendment to the Oakeshott bill, along the same lines as his bill, by adding a boost to the refugee and humanitarian intake from the current level of 14,000 to 20,000 a year within three years, a 12-month deadline on processing and agreeing to multi-party talks.
The amendments were rejected leaving Mr Abbott to claim the Wilkie amended bill, which passed 74 votes to 72, would “never get through the Senate”.
Greens leader Christine Milne said her party could not support the Oakeshott bill or the coalition amendments and wanted all parties to get around a table, as Mr Abbott had offered.
“We have the makings of a long-term regional solution,” she told reporters.
An emotional Liberal MP Michael Keenan said sending people to Malaysia was not the solution.
He recalled his involvement in the parliamentary inquiry into the SIEV 221 tragedy, when more than 50 asylum seekers died when a boat crashed against rocks off Christmas Island in late 2010.
“One of the Australians told me (that) he looked face to face with a child who he couldn’t rescue, even though he could almost touch her,” Mr Keenan said.
“And that child perished.”
Home Affairs Minister Jason Clare said Australians had a “gutful” of parliament fighting on the issue.
Leader of the House Anthony Albanese said at the end of the debate he was “not comfortable” with much of the debate and solutions to the asylum seeker situation but the parliament needed to “give this a go”.
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