Media conference

Subjects: Sea Shepherd incident, Japanese whaling

MR SMITH: Well, thanks very much.

Late last evening Perth time, I received advice that two men, one of whom is an Australian citizen, Benjamin Potts, had boarded a Japanese whaling vessel. Once we received that advice the Australian Government, through the Department of Foreign Affairs and Trade and through officials in Tokyo, requested that the Japanese Government ensure the immediate and safe and secure return of the two gentlemen, one of whom I understand is a British national, to the ship from where they came, the Steve Irwin.

Late last night, Perth time, I was advised that the Japanese Government had agreed to that request, that the Japanese Government wanted the two men transferred back to the Steve Irwin and were proceeding to instruct the whaling vessel to secure that transfer.

My most recent advice, as at this morning, is that transfer, regrettably, has not yet been effected and this morning I’ve again asked our officers in Tokyo to repeat that request to the Japanese Government.

My primary concern here is the safety and welfare of the two gentlemen, the safety and security and welfare of Benjamin Potts and the UK national. What is required now, absolutely, is that both ships, the Japanese whaling vessel and the Steve Irwin cooperate to ensure the speedy and safe and secure return of the two gentlemen to the Steve Irwin.

When the Government late last year announced the range of measures to seek to persuade the Japanese Government to stop whaling in the Southern ocean I made this point, which I repeat. What is required is restraint. I made the point, and I again repeat it. We’re dealing with the great distance of the Southern Ocean, the capacity for adverse incidents is high and the capacity for rescue or assistance is low.

So I now again this morning call upon both vessels, the Japanese whaling vessel and the Steve Irwin to cooperate and to effect the speedy and safe return of the two gentleman concerned.

JOURNALIST: Is it kidnapping as claimed by the Sea Shepherd Captain, or is it piracy as claimed by the Japanese whalers?

MR SMITH: Well, the Australian Federal Police will evaluate the range of claims and counter-claims, allegations and counter-allegations that have been made. What we need in the first instance will not be solved by taking a look at the legal niceties. What we need is the cooperation between Australia and Japan, which we have.

The Australian Government wants the two gentlemen returned to the Steve Irwin in a safe and secure condition and we want that done urgently. The Japanese Government also wants that to occur. What is now required is the cooperation of the two vessels involved.

The Australian Federal Police will evaluate the claims and counter-claims that have been made and whatever legal processes might flow from that, will flow in due course. What we need today is the transfer of those two gentlemen.

JOURNALIST: Isn’t the use though of the Australian Federal Police quite hollow given that nothing is done about the Japanese fishing illegally in our waters?

MR SMITH: Well, the Australian Federal Police’s initial involvement is, as I understand it, comes from a report to them by the Sea Shepherd about the alleged handling of the two men on board the Japanese vessel.

The Australian Federal Police will evaluate all those claims and counter-claims. But I make this point: not only do I not condone unlawful or illegal activity on the high seas, whoever commits it, not only do I not condone unlawful or illegal activity, I absolutely condemn it. So, if people have conducted themselves in an illegal or unlawful way then whatever consequences flow, will flow.

But my primary concern this morning, as it has been since last night is to ensure the safe, the speedy and the secure return of Benjamin Potts and the UK national to the Steve Irwin as quickly as possible. That requires the assistance and the cooperation of the two vessels and I call upon both the Captains of those vessels to ensure that that occurs and occurs quickly.

JOURNALIST: [Inaudible]

MR SMITH: I’m in Perth, we’re in Perth, and everyone else is in Australia. I’m in no position to make any judgement about the facts, but what I can say is that Australian Federal Police have been asked to evaluate, via communication from the Sea Shepherd, some suggestions or allegations.

The Australian Federal Police will evaluate all the suggestions, claim and counter-claim that are drawn to their attention. I am not in a position to verify any of the facts or allegations, and frankly, nor is anyone else in Australia.

The absolute priority is the safe and speedy return of Benjamin Potts and the UK national to the Steve Irwin.

JOURNALIST: What’s your reaction to the Federal Court ruling that the Japanese whaling is in fact illegal?

MR SMITH: I make the same point today that my colleague, the Attorney General Robert McClelland, made yesterday, which is the same point made, as I understand it, by the Federal Court Judge, which is the difficulty, if not the impossibility, of enforcing the Federal Court decision.

As Robert McClelland said yesterday, in the end our public policy objective here is to get Japan to cease whaling. In the end, that will only be effected by diplomatic means both by Australia and the international community, or by the possibility of international legal action before either the International Court of Justice or the International Tribunal for the Law of the Sea, which as you know, the Government is currently considering.

JOURNALIST: Why do we treat the Japanese differently than we treat Indonesians, because we seize illegal Indonesian boats and burn them?

MR SMITH: Well, so far as illegal fishing is concerned, where that occurs clearly in Australian waters, it is a different legal position from where whaling occurs in the Antarctic. There are jurisdictional issues involved with Australia seeking to enforce matters in the area of Japanese whaling that is well known to all concerned and was one of the things, I suspect, the Federal Court Judge had in his mind when he made the comment that he did yesterday.

There are difficulties of enforcement. The most effective way to achieve our public policy objective, which is to get the Japanese to cease the slaughter of whales in the Southern oceans is through diplomatic means and the potential for international legal action.

JOURNALIST: [Inaudible]

MR SMITH: Well, let’s just take everything as it comes. My primary concern this morning, as it has been since last night, is to make sure that we get the safe and the speedy transfer of those two gentlemen off the Japanese whaling vessel onto the Steve Irwin.

JOURNALIST: These Japanese whalers often call into Australian ports to resupply?

MR SMITH: Well, let’s just take each of those issues as they arise.

JOURNALIST: Are you ignoring the Federal Court ruling?

MR SMITH: We’re not ignoring the Federal Court ruling. Firstly, we were not a party to the Federal Court ruling. That’s the first point. Secondly, because we were not a party to the federal court ruling, it’s not our starting point to be involved in the enforcement of any rulings. Obviously, we have an interest.

We were not a party to that Federal Court decision, but what we did do, as you may recall, is that late last year the Attorney General, Robert McClelland, formally withdrew the previous Government’s advice to the Federal Court with respect to that case. Were not a party to it, but the Federal Court judge himself made the point about the difficulties, if not the impossibility, of enforcement.

But in the end, what is our objective? Our objective is to seek to persuade the Japanese Government to cease whaling in the Southern Ocean. That can only, in my view, be effected through diplomatic means or by international legal action.

JOURNALIST: So what impact has this incident had on the diplomatic process?

MR SMITH: Well, we have a very good relationship with Japan. We have a very good, friendly relationship with Japan and we have had for a long period of time. It’s based on friendship between our two countries and it’s based on economic trade between our two countries.

From day one, I’ve made it clear to the Japanese government that whaling is an issue in respect of which the Australian Government and the Australian people have very strong views, and we will agree to disagree on the issue. I think it’s the strength of the relationship between Australia and Japan which enables us to take such a strong view on whaling. Both Australian and Japan agree that this issue will not disturb the fundamental basis and nature of our relationship and indeed today proves the point. If we did not have a good relationship with Japan, then we would not have been able to request Japan to instruct the Japanese whaling vessel to return the two gentlemen to the Steve Irwin.

JOURNALIST: But that hasn’t happened yet?

MR SMITH: It hasn’t happened yet because it requires the cooperation of the captains of the two vessels and two ships concerned, which is my call today. My call, this morning, is to urge the two vessels to cooperate and effect very quickly the safe, speedy and secure transfer of the two gentleman from the Japanese whaling vessel to the Steve Irwin.

JOURNALIST: That vessel is undertaking scientific research supposedly on behalf of the Japanese Government, so would you expect that ship might obey the Japanese Government?

MR SMITH: That ship has received an instruction from the Japanese Government to effect the transfer. It requires the cooperation of both vessels, of both captains, and I call upon both vessels, both captains, to cooperate and effect that safe and speedy transfer.

JOURNALIST: Is there any explanation for the delay?

MR SMITH: I don’t have an explanation for it. What I do want to see urgently is the cooperation between the two captains, cooperation between the two vessels, and the transfer of the two gentlemen effected as a matter of urgency.

JOURNALIST: The opposition are calling for the PM to put in a personal call to his Japanese counterpart. Is that going to happen?

MR SMITH: Well, there’s no need for that. From the first moment our embassy in Tokyo and our departmental officials have been in contact with the Japanese and late last night, as I’ve said, the Japanese Government agreed to our request and instructed the vessel to ensure the transfer of the two gentlemen concerned.

JOURNALIST: [Inaudible]

MR SMITH: What is now required is cooperation between the two vessels. The two captains, the two vessels, have to cooperate to transfer the two gentlemen on the high seas. That is what is now required.

JOURNALIST: Minister, would you call on Australian cricket supporters to show some restraint today with the test starting in Perth?

MR SMITH: We’ll, I think that the Australian cricket team, the Indian cricket team and Australian and Indian supporters will want the Perth Test match to be a terrific test match, played in the best spirit of the game and played in the best spirit of the friendly relationship that Australia has with India.

I think in the last week or so we’ve seen the temperature rise and then cooler heads prevail. I’m very much looking forward to the people of Perth, the people of Australia and the people of India enjoying a high quality test match played in my local electorate at the WACA.

JOURNALIST: Without the tension which was so obviously on the field at the Second Test?

MR SMITH: Well, I think that the meeting between the two captains was a very good meeting and the impression I have both from the test match breakfast which I was at yesterday, and the Sir Donald Bradman Oration dinner which I was at last night, I think the mood of the community is that everyone wants to move on. Everyone wants to see a great game of cricket played in the finest traditions of the spirit of cricket. My impression is that both captains are committed to that, so let’s go out and enjoy a good game.

JOURNALIST: Is it embarrassing for Australia to have to ban racism at the WACA?

MR SMITH: Well, cricket, and Australians generally don’t like racism…

JOURNALIST: But a ban on racism, shouldn’t that go without saying?

MR SMITH: Well, how the WACA organises test matches is a matter for the WACA. But the WACA making the point that it doesn’t like racism I think reflects the overwhelming prevailing mood and attitude of the Australian and the Indian people.

Ends

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