Prime Minister, Labor at odds over gay students vote

Faith-based schools will still have the right to discriminate against gay students into 2019 after the Coalition and Labor failed to reach a deal on law changes.

Prime Minister Scott Morrison during Question Time in the House of Representatives. Picture: Gary Ramage

Faith-based schools will still have the right to discriminate against gay students into 2019 after the Coalition and Labor failed to reach a deal on law changes.

Even though the government and opposition both agree the largely redundant legal right for religious schools to discriminate should be removed, they cannot agree on the wording of legislation.

Labor objects to the government’s inclusion of a clause allowing schools to teach in accordance with their religious beliefs, believing it broadens the ground for discrimination.

But the government says the bill “looks after kids”, while preserving religious freedom.

OPINION: Government squibs protecting gay students

Penny Wong reacts in the Senate. Picture: AAP

There is no evidence gay children are discriminated against by religious schools which have indicated they don’t use the right to do so.

But the issue arose following a leaked religious freedom review report which raised fears about potential discrimination and Prime Minister Scott Morrison vowed to have it resolved by the end of the year.

Minutes after a bill was postponed in the Senate today due to a lack of agreement, Mr Morrison put forward a three-pronged proposal which he said could be dealt with as a private member’s bill and put to a conscience vote. The bill would remove the ability to discriminate against students based on gender or sexual orientation or relationship status or pregnancy. It would also clarify that in deciding whether a school rule was “reasonable”, the Human Rights Commission and courts should take into account the religious nature of the school and whether it considered the best interests of the child. Thirdly, nothing in the law would prevent a religious school teaching in accordance with their own religious beliefs.

“This is a good bill. It actually does what I think Australians would expect us to do - look after kids for who they are, but also ensure that in this country, religious freedom still means something,” Mr Morrison told reporters. But Labor deputy leader Tanya Plibersek said the government had complicated every effort from the opposition for progress, just as it did with marriage equality.

Mr Morrison said his proposal would completely remove the ability to discriminate against students based on gender, sexual orientation, relationship status or pregnancy and insert a clarification that “nothing in the act prevents a religious school teaching in accordance with their own religious beliefs”.

But Labor has received legal advice that the last amendment could in fact further permit “direct and indirect” discrimination against students in schools.

The amendment states any “teaching activity” will be legal if it “in good faith in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed” and “is done by, or with the authority of, an educational institution that is conducted in accordance with those doctrines, tenets, beliefs or teachings”.

“Teaching activity” would be defined very broadly to include “any kind of instruction of a student”.

The Prime Minister Scott Morrison wants a conscience vote on the issue. Picture: Kym Smith

Barrister Mark Gibian SC has provided advice that “there can be little doubt” that the amendment “has the potential to permit discrimination against students in schools, both direct and indirect”.

“Such a provision would permit any discrimination in the provision of instruction in an educational institution. For example, a teacher or school could provide inferior instruction to a student on the basis of the student’s sex, sexual orientation, gender identity or intersex status or, indeed, exclude that student from instruction entirely,” he advised.

“A teacher or school could, similarly, impose different or draconian instructional requirements on particular students for discriminatory reasons. The exemption would apply not only in the classroom, but to any kind of instruction.”

Mr Shorten said Labor would not back a proposal which “will replace one form of discrimination with another” but he urged the parliament to keep negotiating on the issue.

He blasted the PM for seeking to “weaponise this dispute” and allowing the issue to descend into farce.

“I do think that rather than looking for the angle, the Prime Minister should look for the outcome,” he told reporters at Parliament.

“A lot of Australians would be looking at the Parliament right now and saying - why is it that when it comes to these issue, the Parliament sort of disappears into finger pointing and recrimination? It really is hopeless.”

Mr Shorten said he would continue to push for a resolution.

Mr Morrison rejected Labor’s concerns today, saying the bill should be “uncontentious”.

“I’ll suspend standing orders to bring that vote on and if the Labor Party and Bill Shorten are prepared to back this bill, we will vote for it today and we will get this done,” Mr Morrison told reporters in Canberra.

Opposition Leader Bill Shorten with Prime Minister Scott Morrison during Question Time in the House of Representatives. Picture: Gary Ramage

“So far, the Labor Party have not been prepared to agree to those three principles together and if they can’t agree to do that, I’ll make him another offer.

“I’m prepared to have this dealt with as a conscience issue in my party and if he’s prepared to do the same thing, then where the parties have been unable to agree, let’s take the parties out of it, Bill. Let’s let the elected members of the House of Representatives just decide.”

Mr Morrison said the Australian people expected parliament to pass the bill and “look after kids for who they are” but also “ensure that in this country, religious freedom still means something”.