Transcript of interview on ABC News 24 Breakfast

9 January 2012

Topics: Shonan Maru 2, PIP Breast Implants

MICHAEL ROWLAND:Good morning. It's Monday the ninth of January. I'm Michael Rowland.

BEVERLEY O'CONNOR: And I'm Beverley O'Connor.

The top story on ABC News Breakfast, the Federal Government is warning three Australian protestors being held on a Japanese surveillance boat could end up being prosecuted in Japan. The men illegally boarded the boat off the West Australian coast at the weekend.

MICHAEL ROWLAND:Now the Government is working to secure their release. The Opposition says the incident could have been avoided if the Government had acted much earlier.

BEVERLEY O'CONNOR: The Attorney-General, Nicola Roxon, is with us in the studio to take up this issue. And many thanks for joining us this morning.

NICOLA ROXON:Good morning.

MICHAEL ROWLAND: Good morning.

BEVERLEY O'CONNOR:Could we just talk a little bit about the parameters that you have to work within to try and secure the release of these three men?

NICOLA ROXON: Well, look, it is a difficult situation. This incident happened outside our territorial waters, in our exclusive economic zone. But that doesn't give us rights for Australian law to automatically apply. In fact, our advice is that Japanese law will apply because a Japanese boat is the one that's been boarded.

Of course, we're very sympathetic with the reason that the protestors have taken this action. We as a government have done a lot to try to stop Japanese whaling. And we would like it to stop. However, if people do take action and take the law into their own hands, the rules that apply are sometimes ones that you can't as a government change. And we are now doing all we can diplomatically to ensure that these three Australian men can be released quickly and promptly and to make sure that they are being held in conditions that are appropriate. So it is a consular issue, as well as a legal one.

MICHAEL ROWLAND: So based on your advice, what these three men did was illegal.

NICOLA ROXON: Well, based on our advice, being able to, you know, get onto another boat when you haven't been invited to be on that boat, when you're trying to stop what they are doing, is something where there are likely to be charges that could be laid. We hope it won't come to that. But of course, we do need the Australian public to understand that whilst, as a government, we're doing all we can to stop whaling, which we don't support and we know the public doesn't support, still, if people take the law into their own hands, there will be consequences. And in this case, it's very unlikely that Australian law will apply.

BEVERLEY O'CONNOR:Now there was a similar incident where Peter Bethune from Sea Shepherd was also in a similar situation. He spent five months in jail and then got a two-year suspended sentence and was deported. Do you have any advice as to how that might play out in terms of what your next steps could be if they are charged?

NICOLA ROXON:Well, look, it's a little bit early for us to know that yet. The men, as we're aware, have not been charged. We are engaged with the Japanese Government, going through all of the proper channels to make sure we understand at first, our top priority, that the men are being held appropriately and are in good health. We don't have any indication yet whether they're being taken back to Japan. There of course is some possibility of earlier release and we are talking to them about all sorts of ways that that could be done promptly and quickly.

I mean, we have a very good relationship, really other than on this issue, with the Japanese Government. So we have good, strong, diplomatic relationships with them. They know they we have a very different view to them on this issue. And we hope that they will deal with us quickly and promptly and sympathetically to get the early release of these Australians.

MICHAEL ROWLAND: Based on what you say is otherwise a very sound relationship between Australia and Japan, does it therefore frustrate you that these three men did what they did? It's fair to assume they also knew what they were doing was illegal and would put the Government in this invidious position.

NICOLA ROXON: Well, I guess it's difficult. We understand that people feel very strongly about whaling. The reason we're taking action in the International Court of Justice, something that wasn't done by previous governments, that's been a very complex case to take, is because we do feel so strongly that it should be stopped.

But as a government, we must act within the law. Of course we urge other people to act within the law. So you can be sympathetic about it, but nevertheless it does mean that these men are now in a situation where the laws of another country will likely apply and the options that our government can pursue are limited by that.

BEVERLEY O'CONNOR: Did it…

MICHAEL ROWLAND: Is one option allowing this Japanese vessel, which isn't formally a whaling vessel as such, to come into shore in Fremantle or elsewhere?

NICOLA ROXON: Well, look, we're considering all options. Although this is not a vessel that's actually actively involved in whaling, it is supporting the whaling fleet. We have some advice that that probably means that, if they were going to come to port, they should get permission from the environment minister. We don't normally allow whaling ships to come into our ports. I think that would have a whole range of other problems.

But our top priority has to be securing early release and the safety of these three men. So we will look at all options. But we don't want to take action that would exacerbate the situation. And that is one option that may or may not. And we'll make sure we get good advice on it.

BEVERLEY O'CONNOR: Has there been any discussion within the Government, because there has been requests to have an Australian defence vessel accompany the fleet and in a way it becomes something of a go-between between the whaling fleet and these protestors. Has there been any consideration given to getting the navy involved?

NICOLA ROXON: Look, we don't think that the Southern Ocean is really a place for risk-taking. Sending another vessel down to, you know, basically watch is something that was done a number of years ago when we first came to government, to gather evidence for the case that we're now bringing in the International Court of Justice. That was a successful mission. But we don't believe that having another ship down there is necessarily going to assist things and in fact may exacerbate them.

MICHAEL ROWLAND: How high up the diplomatic food chain is this going? Beside the consular contact, are we talking foreign minister engagement, for instance?

NICOLA ROXON: Well, look, we're going to go through the proper steps. This is really only something that is less than twenty four hours old. We need to follow the proper channels first. So our first approaches have been through our embassy in Tokyo, that has a very good relationship with a lot of foreign diplomats and officials within Japan. Of course, that will be escalated as is appropriate.

BEVERLEY O'CONNOR: While you're here, Minister, we were talking earlier about this issue with the breast implants. And I know you're a former health minister, would still have some knowledge of this area.

NICOLA ROXON: I've got a couple of hats on. I'm the acting health minister at the moment too.

BEVERLEY O'CONNOR: As well. Exactly right. So in a perfect position to answer this. Are you really comfortable with the notion that we are taking a much more cautious approach to the removal of these implants, where, you know, France and Germany are very clear that they think the women should remove these implants?

NICOLA ROXON: Well, I am comfortable with the evidence that we've now got. I think it is possible that that will change. When a number of countries, where far more women have had this particular implant, start removing the implants, they will be tested. If there's any new evidence that comes out - at the moment, there's no evidence of increased risk of cancer or of any toxicity actually in the product that wasn't the approved product - then of course we want to be able to act quickly.

And that's why we're really encouraging women who have had a breast implant to speak to their surgeon or to ring the information line, to identify which type of implant they have and to consult with their health professionals if they do have this PIP implant.

BEVERLEY O'CONNOR: And is it a cost issue? I mean, it would be expensive if the Government were to support all those women, you know, financially in terms of having those removed.

NICOLA ROXON: Well we're in a pretty good position in Australia where Medicare does fund a range of different procedures. If there's a clinical reason to have an implant removed, then Medicare would apply in the normal way. More I think we need to just take account of the fact that any sort of medical procedure has risks. Removing something might also be risky for particular women. And I don't want us, the Government doesn't want to put itself in the place of an individual doctor advising an individual women what is the best situation for her.

But it does mean we need increased monitoring. People need to be aware which implant they have. And they certainly should consult with their surgeon or doctor if they've got any concerns at all about their implants.

BEVERLEY O'CONNOR: Nicola Roxon, thank you very much for joining us.

NICOLA ROXON: A pleasure.

MICHAEL ROWLAND: Thank you.

Ends.