July 28, 2024
Labor's branding of the Houthis as a terrorist organisation was riddled with delays, a timeline of the process reveals, with the Iranian-backed group’s status legally changed 126 days after the Department of Home Affairs suggested doing so.
Documents provided to the Parliamentary Joint Committee on Intelligence and Security, obtained by Sky News Australia, show the Attorney-General and Home Affairs Minister together took 48 days to approve the listing, while the Prime Minister took 28.
The Commonwealth measure acts as a deterrent for would-be terrorists and puts the public on notice that dealing with the organisation is a serious criminal offence.
Formally known as Ansar Allah, the rebel group’s attacks on cargo ships in the Red Sea have disrupted billions of dollars in global trade over the past nine months.
They claim the strikes are in retaliation for Israel’s offensive against Hamas in Gaza, and Australia has been under international pressure to step up its involvement in helping secure the vital sea lane.
Sources with expert knowledge of the listing process said while the timeline differs in each case, the apparent lack of urgency was unusual considering the significant global disruption the Houthis had been causing.
Multiple Labor sources, who spoke to Sky News under the condition of anonymity so they could speak freely, said the division of responsibilities between the Attorney-General and Home Affairs Minister continued to be “problematic” and is likely to have played a role in the hold up.
It is understood there were also political sensitivities to the fact the listing could be seen as being supportive of Israel.
Listing the Houthis was raised by Shadow Home Affairs Minister James Paterson in a letter to Ms O’Neil on January 9, just days after Australia had co-signed an international warning to the Houthis to stop their disruption to vital sea lanes.
When the United States listed the Houthis as terrorists a week later on January 17, the documents show the Department of Home Affairs had that day sought whole-of-government advice about following Washington’s lead.
The timeframe indicates that after initially gathering momentum, including receiving the legal green light from the Australian Government Solicitor, the process hit a roadblock in late January.
After being provided with a formal submission from her department, it took Ms O’Neil six weeks from January 31 to March 13 to formally endorse the decision and write to Mr Dreyfus.
After Mr Dreyfus gave the all-clear, a week later on March 20, the Prime Minister took another month to write to his state and territory counterparts advising them of the change.
After no objections, the criminal code was updated on May 23 to include the Houthis, nearly six months after the wheels were first set in motion.
It comes as Prime Minister Anthony Albanese on Friday specifically called out the Houthis and other Iranian affiliated groups for their “destabilising actions” in the Middle East in a Gaza ceasefire statement.
“We also condemn the Houthis’ ongoing reckless acts, including their indiscriminate drone attacks on international shipping,” he said.
Senator Paterson says the “inexplicable delays” deserve an explanation.
“Clare O’Neil and Mark Dreyfus have presided over the world’s slowest terrorism listing, putting us six months behind our closest allies like the United States,” he said.
“... There’s only two logical causes: Labor’s demolition of the Home Affairs portfolio after the election is still leading to stuff ups and delays, and the Albanese government fears the domestic political implications of listing Islamist terrorists.
"A reshuffle to a new minister won’t fix anything - only restoring the Home Affairs portfolio will."
A spokesman for the Attorney-General said Mark Dreyfus took one week to give the listing the green light.
"This is in stark contrast to the previous Coalition government which waited six months to list the entirety of Hamas and Hezbollah as terrorist organisations after recommendations by the PJCIS."
It also comes amid speculation the Prime Minister plans to take national security out of Ms O’Neil’s hands as Mr Albanese tries to reset the political damage caused by his government’s handling of the NZYQ High Court decision. An area Mr Dreyfus, Ms O’Neil and Immigration Minister Andrew Giles all share responsibility for.
The PJCIS will hold a public hearing on Monday to formalise the Ansar Allah/the Houthis’ terrorist status.
Sky News Australia has approached the government for comment.
