Senior Liberals are urging colleagues to vote against Labor’s fast-tracked legislation in the wake of the Bondi terror attack, despite opposition leader Sussan Ley calling for urgent legislative action for weeks.
Labor would be forced to rely on support from the Greens if the opposition does not support the bill next Tuesday, as some Liberals and Nationals oppose both of its major tenets: on hate speech and religious protection, and on gun laws.
Liberals told Guardian Australia there were major splits emerging during a two-day parliamentary inquiry into the plan, adding pressure on the opposition leader, Sussan Ley.
Ley, who did not comment on the legislation while in her electorate on Wednesday, has spent the four weeks since the Bondi attacks demanding Labor recall parliament to legislate better protection against antisemitic attacks.
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But division within her party, and opposition from the Nationals, has complicated the Coalition’s position.
“The expectation was that the guns stuff would be the sticking point, but there are strong concerns about religious protection as well,” one Liberal said.
Influential backbencher Andrew Hastie confirmed he would oppose the bill on Wednesday, lashing Labor for arrogance for trying to force through complex legislation in two days.
He called the legislation an attack on basic democratic rights, including freedom of conscience, freedom of speech and freedom of religion.
“Those three freedoms are fundamental to any democratic society. They’re hard won, and they’ve served Australians well for more than 100 years.”
Hastie said Anthony Albanese was showing contempt for parliamentary process, and called for the royal commission into antisemitism to complete its work before parliament acts.
Other Coalition MPs including Garth Hamilton, Henry Pike and Ben Small have all expressed strong reservations.
Other MPs said new offences for aggravated hate speech and serious vilification were insufficient. Among defences included in the legislation are provisions allowing religious leaders to teach controversial text and religious scripture, even where they discriminate based on ethnicity.
Shadow foreign minister, Michaelia Cash, said the exemption risked becoming a shield for hate preachers, while individuals could face unfair prosecution for expressing sincerely held views of engaging in robust debate.
“If these laws are drafted too broadly, they won’t just catch extremists they’ll chill free speech and punish the wrong people,” she said, accusing Albanese of ramming complex laws through parliament without proper scrutiny.
“This prime minister is chasing politics, not the national interest, and it risks more division, not unity,” Cash said.
The comments by conservative Liberals will challenge Ley and her moderate supporters, potentially setting up a fight over better protections demanded by Jewish leaders after the deaths of 15 people at Bondi on 14 December.
Some moderate Liberals want to improve the bill through amendments, including to keep faith with Jewish leaders. One area requiring improvement is racial vilification provisions.
Shadow home affairs minister, Jonno Duniam, warned of the risk of unintended consequences, including from possible legal challenges.
“That is, of course, gravely concerning when we’re talking about laws that could be construed to prevent a Christian preacher from being able to offer a sermon that some might interpret a certain way … as meeting thresholds of offence, feeling fearful,” he said.
“If someone can try and attempt to demonstrate intent on the part of a Christian preacher, they could be caught up in these laws.
Executive Council of Australian Jewry co-chief executive, Peter Wertheim, told the inquiry the carve-out provisions for preachers had caused “great consternation”.
He said controversial phrases including “globalise the intifada” or “death to the IDF” would not be banned under the legislation.
Nationals including Matt Canavan and Bridget McKenzie indicated their opposition on Wednesday.
McKenzie, a shooting enthusiast, said limiting gun ownership from law-abiding farmers and sportspeople was the wrong response. She slammed Albanese’s move to include hate speech and gun rules in the same bill.
“If he was really serious, he would take on his own constituency in western Sydney and deal with the actual problem at its source.”
The Greens party room met on Wednesday but is yet to finalise consideration of the bill. The minor party has called for strengthening of hate speech laws but is expected to push Labor to agree to amendments if the Coalition is opposed to the plan.
Greens concerns include freedom of political expression, but the party wants to be constructive in negotiations with the government.
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