I have always been very down on the prospect of a royal commission into immigration detention. It’s an idea that rears its head periodically but always from predictable quarters: refugee and asylum seeker advocates, the Greens and, most recently, the crop of community independents elected at the last two elections.
As long as the major parties refuse to support it, nothing of the kind will happen. And why would they?
Labor set up mandatory detention in the early 1990s under Paul Keating, struggled to respond to increased asylum boat arrivals in the Rudd-Gillard era, then reinstated offshore detention in 2013.
The Coalition boasts that it stopped the boats but the treatment of those in offshore detention under its watch was brutal and the handling of lucrative contracts questionable, sparking one smaller inquiry since Labor was elected in 2022.
But the bipartisan lock-step against some form of inquiry into detention could be about to be broken by the high court’s ruling this month that indefinite immigration detention is unlawful.
Suddenly the political dynamic is very different because the Albanese government is being attacked from left and right about its preparation for the decision and handling of the aftermath.
The Coalition has peppered Labor with questions about why conditions weren’t placed on visas from the moment 92 people in addition to the plaintiff were released; why legislation took a bit over a week to be presented and pass parliament; and why an even more draconian preventive detention regime wasn’t implemented.
The Greens come at the issue from a different perspective: human rights and trying to put a stop to the practice of indefinite detention altogether.
But their interests align.
Before the Greens’ focus on renters, refugees was one of two big issues (along with climate change) that helped them woo progressive voters away from Labor.
The Coalition has always benefited from a greater salience of the “border security” issue in the political discourse, from John Howard’s Tampa election in 2001 to the nakedly self-interested decision to vote down the Malaysia solution to prolong Labor’s pain on people smuggling.
Just last week the Coalition’s James Paterson and the Greens’ Nick McKim were united in calling on the government to release its legal advice about the high court case after some rather improbable claims from home affairs minister, Clare O’Neil, that it was “likely” the plaintiff NZYQ could have been deported.
With the Coalition’s 31 Senate votes and the Greens’ 11, they have the numbers to order production of documents or set up a Senate inquiry into the government’s handling of NZYQ.
A Senate inquiry would not be as powerful as a royal commission, for example it couldn’t compel O’Neil or other ministers or former ministers in the lower house to appear. But it would be a start. This is being considered in active negotiations, but would need to pass the shadow cabinet and the Greens party room.
In the housing debate, the Greens have shown they are prepared to wear criticism from Labor for procedural votes with the Coalition if they think their cause is righteous. They usually do.
Of course what the opposition parties want out of an inquiry would be different. The Coalition would want a tight focus on the high court case because that legal defeat occurred on Labor’s watch and will use any inquiry to whip up community concern about people released.
The Greens want a broader inquiry into indefinite detention. To stir fear about the other 250 odd long-term detainees who might be released after the high court gives its reasons, the Coalition just might give it to them.
On Tuesday health professionals and faith leaders will visit parliament to present an open letter about the treatment of refugees in Papua New Guinea, while advocates launch a campaign for a royal commission.
The refugee Behrouz Boochani will speak at the launch. He was eloquent when he spoke on a similar visit to parliament in February.
Incidentally, that was the same week that Labor passed legislation allowing the government to redetain 100 people released from immigration detention shortly before Christmas due to an adverse federal court decision.
“Now that I am here, it shows how we challenge this system ... We’ve shaken this country [by] sharing stories,” Boochani said.
Boochani also singled out Peter Dutton for saying he would never set foot in Australia.
“I’d like to say – he’ll never ever become the prime minister of Australia. This man and his party have created a tragedy to [dehumanise] us.”
It would be ironic in the extreme if refugees, asylum seekers and their advocates win an opportunity to tell their stories because Dutton thinks teaming up with the Greens will get him one step closer to the Lodge.
Whether an inquiry materialises is still unclear. But it’s safe to say if the Coalition and Greens are prepared to work together, the political pain for Labor from its high court loss could be far from over.
