Critiques from international human rights organizations

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CHAPTER IV THE DRIVING FACTORS CONTRIBUTE

D TO THE AUSTRALIA’S POLICY SHIFT ON ‘BOAT PEOPLE’ ISSUE This chapter analyses the driving factors that lead to Australia‟s policy shift under Julia Gillard government on „boat people‟ issue. During her political career, Gillard was notorious with her opposition on offshore processing facilities in Nauru and Papua New Guinea PNG. However, when Gillard became the Australia Prime Minister on 24 June 2010, she changed her position on the issue. In 2012, to respond to „boat people‟ rapid flow, Gillard decided to re-establish the offshore processing facilities in Nauru and PNG. The Gillard government ‟s decision to return to the offshore processing facilities in Nauru and PNG created a paradox. Therefore, Foreign Policy Analysis of domestic influences will be applied to investigate the factors that drive Gillard‟s decision in re-opening offshore processing facilities in Nauru and PNG, these are; 1 Legislatures, and 2 public opinion.

A. Legislatures

Julia Gillard was very dependent on the role of Senate to pass her government‟s legislation on boat people issue. In 2010, although the Australian Labor Party ALP appointed to be the majority government in the House of Representatives, with 72 votes from ALP and additional 3 votes from 44 independents and the Greens. 179 She failed to secure at least 39 seats in the Upper House the Senate in order to have a „majority government.‟ With the composition of ALP 31 seats, Coalition 34 seats and cross benches 11 seats, neither the ALP nor the Coalition has had an „absolute majority in the Senate. 180 However, the Greens became „the balance of power‟ in the Senate in their „own right‟ with 9 seats. The table IV.A. 1 shows the result of Australia federal election in 2010 on the composition of the senate. Table IV.A.1. Composition of the Senate after 1 July 2011 Partyaffiliation No. of senators from 1 July 2011 Australian Labor Party 31 Coalition 34 —Liberal Party of Australia 28 —The Nationals 5 —Country Liberal Party 1 Cross-bench senators 11 —Australian Greens 9 —Family First Party — —Democratic Labor Party 1 —Independents 1 TOTAL 76 Source: Parliament of Australia http:www.aph.gov.auAbout_ParliamentParliamentary_DepartmentsParliamentary_ Librarypubs rprp111212rp08_Toc318798322 The Gillard government was uncomfortable with the Senate composition. Despite majority votes in the Lower House the House of Representatives, Labor‟s policy on boat people would be determined through the legislation 179 Hung Parliaments and Minority Governments. The Parliament of Australia. 2010. Available at: http:www.aph.gov.auAbout_ParliamentParliamentary_DepartmentsParliamentary_LibrarypubsBN1011 HungParliaments. Accessed in the 7 th of January 2015. 180 2010 Federal Election: A Brief History. The Parliament of Australia. 2012. Available at: http:www.aph.gov.auAbout_ParliamentParliamentary_DepartmentsParliamentary_Librarypubsrprp1112 12rp08_Toc318798322. Accessed in the 7 th of January 2015. 45 process in the Senate. It meant that w ith „absolute majority,‟ the Gillard government might pass the Bill to amend the Migration Act in the House of Representative. Yet, when the bill was introduced in the Senate, the Coalition and Australian Greens could disapprove it. Figure IV.A.1 below describes the flow of legislation process in the Parliament of Australia. Figure IV.A.1 Source: Parliament of Australia http:www.aph.gov.au~media0520About20Parliament5220Sen52320PPPSe nate20BriefsProgress20of20Legislation.jpg 46 Therefore, the Labor government had no absolute power to assure its proposal in solving boat people issue would be implemented. Because the Greens and the