Liberal states’ blow to Brandis race bid

NSW and Victoria have combined to pressure the Commonwealth to dump proposed reforms of the national race hate laws.

NSW and Victoria have combined to pressure the commonwealth to dump proposed reforms of the national race- hate laws, warning it will lead to an increase in racial intolerance and Holocaust denial.

The outspoken opposition from the two most powerful states will be a significant blow to federal Attorney-General George Brandis and his plan to repeal section 18C of the Racial Discrimination Act.

The section makes it unlawful to offend, insult or humiliate someone due to their race, colour or national or ethnic origin.

Mr Brandis has argued it harms freedom of speech.

NSW Citizenship and Communities Minister Victor Dominello has submitted to the inquiry into the reforms that freedom of speech is not ­absolute and that expert legal opinion has warned of an ­increase of racial vilification.

Mr Dominello’s submission commenting on the exposure draft of the legislation raises concerns by Arthur Moses SC that the reforms could make it permissible for Holocaust ­deniers to publish their opinions “in the course of public discussion’’.

“As a result, virtually any ­racially vilifying or intimidating remarks uttered in the course of public discussion would be sanctioned,’’ the NSW submission argues.

“The narrowness of the ­protection that will be provided under the proposed commonwealth changes can be illu­strated in relation to persons who deny that the Holocaust occurred in a manner that involves racial vilification and the act is done unreasonably and in bad faith.

“Enclosed is advice provided by (Mr Moses) who concludes that, under the proposed commonwealth laws, it would be permissible for Holocaust ­deniers to publish their opinions on websites in the course of ­public discussion.’’

Victorian Multicultural Affairs Minister Matthew Guy’s submission cautions that the commonwealth needs to demonstrate leadership on human rights and social harmony.

The submission argues that changing the legislation would mark a negative for society.

“While legislation alone ­cannot combat racism, legal protections play a vital role in maintaining a respectful and harmonious society and hold important symbolic as well as practical significance to Vic­toria’s Aboriginal, multicultural and faith communities,’’ the submission says.

The decision by NSW and Victoria to join forces and fight the reforms underpins the divisions in the Liberal Party about free speech and the demand from multicultural groups to be protected from vilification.

Both sides of politics assiduously court the multicultural vote, with key groups arguing that changing the law would lead to more race-based attacks.

Respected indigenous leader Noel Pearson also condemned the planned changes, warning it would encourage bigotry and undermine the vulnerable.

Mr Pearson, writing for the Cape York Institute, described the move as retrograde and ­unnecessary.