• Home
• News feed
• Media releases
• Transcripts
• Speeches
• Photo gallery
• Biography
• Contacts
• Department

NICK MCCALLUM: We've got the Acting Foreign Minister, Simon Crean with a very whimsical smile on his face. He's in the studio at the moment. Good morning Mr Crean.

SIMON CREAN: Hi Nick, how are you?

NICK MCCALLUM: Lots to talk to you about, but first of all Stern Hu, the Australian citizen, the Rio Tinto executive imprisoned in China. Today is D-day in many respects for him isn't it?

SIMON CREAN: Today's an important day, it's not D-day as such, it's an important day because it determines whether the charges are laid or further investigations go ahead.

We want to bring this to a conclusion, we want this to be dealt with expeditiously and transparently so today's an important day. I don't want to prejudge what the decision is out of today but we will continue to make the appropriate representations to the Chinese authorities.

We continue to have regular consular visits with Mr Stern who in fact I think the consul general was in there as recently as a couple of days ago.

NICK MCCALLUM: Are you satisfied at the moment he is being treated well and he's getting proper representation in China?

SIMON CREAN: We are satisfied on both of those accounts. In all of the report backs we've had from the consular visits, he is in good health, he's obviously anxious about the future, you can understand that, he's being looked after well and he has been getting regular access to his legal representatives.

NICK MCCALLUM: What time are you expect… I suppose today as you say is a very important day, is there any further pressure the Government can add? Is the Government - does the Government believe he is being held rightly or wrongly?

SIMON CREAN: There is no additional pressure that we can put on that we haven't already put on, and I must say most of that is directly to the Chinese authorities. This is not a case one engages in terms of public calls, we've spoken with his family, with Rio Tinto and obviously every representation we've made when we've met with the Chinese to reinforce the importance of dealing with this case expeditiously, transparently and ensuring due process is followed is upper most in our mind. We will continue to make those representations Nick.

NICK MCCALLUM: And his state of mind and his family's state of mind at the moment?

SIMON CREAN: His state of mind is good, his family's state of mind is good, given the circumstances. I mean there's no evidence to suggest otherwise and certainly in the direct contacts we've had with both of them, that's the case.

NICK MCCALLUM: Now moving onto another issue. The Japanese Government, in what is considered a pretty rare move, has given Julia Gillard, the Acting Prime Minister a bit of a whack, it's very unusual for the Japanese to actually single out a prominent politician in a friendly country and they've done that.

SIMON CREAN: I think what's unusual is that this story's got into the public domain. What's not unusual is the robustness of exchanges between ourselves and the Japanese.

I mean, I've been involved in discussions with the Foreign Minister over there and with the Industry and Trade Minister over there and those have been very robust conversations Nick, they haven't ended up in the public domain.

NICK MCCALLUM: But why is that surprising?

SIMON CREAN: It's not surprising if you understand the fundamental differences of opinion between ourselves and Japan on the whaling issue.

NICK MCCALLUM: Are you concerned as Trade Minister, it's going to affect our trade with them?

SIMON CREAN: No I'm not concerned by that one bit. It's interesting that this question first emerged two years ago when I visited Japan immediately after been sworn in literally, it was one of my first visits overseas to Japan. The whaling issue then, if you remember two Christmas's ago when we had the vessel - the surveillance vessel down in the area, this was a very heated issue but it was clear that both countries were prepared to separate the two issues to understand that there was importance in developing and strengthening our trade relationship and we've already indicated and have embarked upon free trade negotiations with the Japanese to strengthen that economic relationship and that's something we agree on. What we don't agree on is the whaling issue, so it's no problem and no surprise in my view that what we're getting is robustness in that exchange.

The only way this can be resolved is for a diplomatic outcome and we hope that that can be achieved.

NICK MCCALLUM: If it goes to the next level, as I believe it should and you live up to your election promise and take the Japanese to the International Court, will that then affect the trade relationship?

SIMON CREAN: Look I think what we've got to understand is that we're not talking legal action until we've exhausted the question of diplomatic action Nick.

NICK MCCALLUM: I understand all that but it does beyond that…

SIMON CREAN: Then let's not assume failure. Let's not assume we can't get a diplomatic outcome. Now is there difference of opinion? Yes. Do we have robust exchanges? Yes. Is there the possibility of a diplomatic solution? Yes, but it's going to be difficult, but we have to persist down that path.

NICK MCCALLUM: Is Australia's decision to take legal action - will it be influenced by the fact that it may endanger our trade relationship?

SIMON CREAN: No it will be determined based on where we think we are in the issue and based on our election commitment.

NICK MCCALLUM: So it's principle and if there is a trade backlash, well we'll just cop it?

SIMON CREAN: Well if there's a trade backlash we have to cop it in any circumstances but I don't believe there will be a trade backlash. Why? Because we've had this robustness of exchange to date and it's not just been in the last week Nick, it has been there for the last two years, ever since we aggressively pursued our interests in terms of the ending of whaling in the Southern Ocean.

So what we have to do is to understand that these issues will always come to a head when the whaling season comes back on, understand that having a surveillance vessel down there in itself hasn't stopped the protests, understand that if we want to stop the protests we've got to get a decision and outcome and try to achieve that outcome through diplomatic means.

NICK MCCALLUM: On another issue, as the Acting Foreign Affairs Minister, have you spoken to your Indian counterpart to get him - to implore him and get him to implore the Indian media to calm it down a bit about the attacks on the Indians here and in particular the murder of Nitin Garg?

SIMON CREAN: We've had lots of discussions over the past nine months Nick, ever since the first spate of attacks on Indian students, lots of discussions with our Indian counterparts about the importance of not only reassuring them that we're addressing this issue here, stronger policing activities, the task force that we've set up between the Federal and State Governments, the hot-spots that have been identified et cetera, et cetera. Not only that we've been committed to ensuring safety whilst people are down here, but to also ensure that decisions and reactions are based on the facts.

Now, I believe if you look at the last couple of days, the statement that came out from the Ministry of Foreign Affairs that talked about not jumping to conclusions, waiting for the facts, expressing calm in the circumstances, that's important.

Again, I think we need to understand that the current circumstances - this is a very tragic set of circumstances for the family, they've just been through the burial of their son, but that was conducted in a very dignified manner.

And whilst we had representation there, I think what is most pleasing - if we can call it that in the circumstances - is the fact that the parents themselves have called for calm, they've called for peaceful resolution not retribution, they've posted a reward to help apprehend the culprits, and clearly, what they're looking for is justice. It's our responsibility to ensure that they get that justice.

NICK MCCALLUM: Yeah, the family certainly has conducted itself with great dignity. By representation, what do you mean, we had representation there? Who went?

SIMON CREAN: We had a representative from the High Commission at the funeral.

NICK MCCALLUM: Okay. And was there any official role to play for the Australian Government…

SIMON CREAN: No, except to convey the condolences and our advice is that that was received very well by the family, including the fact that there was discussion between the family and our representative up at the funeral and the fact that the person was also invited back to the parents' house.

So it was appreciated by the family. No-one can bring Nitin Garg back, that's the tragedy of it all. The family have lost a very cherished and loved son. He can't be replaced.

What we have to do is to not just show our support and condolences in this time of grieving, but to assure them that we are committed to seeing justice done. And we will.

NICK MCCALLUM: Okay, Mr Crean, on the other - it's a very busy day when it comes to foreign affairs. The other big issue which has broken, there are reports in the paper today that Scott Rush, one of the Bali Nine, is ratcheting up his appeal process against his death penalty and he's got a statement from Renae Lawrence saying basically she had two other drug mule performances and she's only got 20 years. So to be consistent with the sentencing. The Australian Government would be backing up that appeal, I presume?

SIMON CREAN: I think this is something that has to be discussed with the legal representatives. I've seen the reports, I'm not in a position to comment further on them. I think it's more appropriate, again, that these be conducted through the normal legal channels and that's the best place to leave them.

NICK MCCALLUM: Is the Australian Government still pressuring the Indonesian Government not to execute not only Scott but the other two that have been sentenced to…

SIMON CREAN: Yeah, we continue to make representations, Nick, in all the circumstances. We do not support capital punishment. We do not believe in it - we say it's not appropriate here, and that's, indeed, the law, but we urge that same set of circumstances in relation to other countries' jurisdictions.

NICK MCCALLUM: And how are you received when you go to the Indonesian Government - and the Indonesian President has been very strong on this - how are you received when you go to him and say, or to his representatives, and say, we oppose - opposed to the death penalty? Do they take that on board or do they just basically say, mind your own business?

SIMON CREAN: No, they certainly take it on board, but they reinforce the fact that just as we have our laws, they have theirs. And this must be the constant reminder to all of those who travel overseas, Nick. Don't assume that what you take for granted in this country applies in the countries that you visit. If you're going to get yourself into risky circumstances, then understand that the full consequences of the law will be brought to bear in those countries.

We can't change other countries' laws. It's not our - we don't have the legislative framework to do it. We can urge them in certain areas and that's the representations we make, that people travel on the basis they need to understand the consequences of their actions.

NICK MCCALLUM: I'm searching for the right word here, but is - does the Australian Government have an extra obligation - now, I don't know whether that's the right word - an obligation to Scott Rush, given the circumstances before he left Australia, given the circumstances that his father approached the Australian Federal Police, told them that - through an intermediary- told them that something was up and please stop him?

Is there an extra obligation on the Australian Government given that what… however it happened he still got through - he was watched, he still got through and he ended up in Indonesia and, of course, in this horrible trouble?

SIMON CREAN: I understand the questioning. We have obligations to all of our citizens when they find themselves in trouble overseas. That's what we have posts around the countries for, it's what we make consular representations for.

In all of those circumstances, the particular facts surrounding the case will be brought to the attention of those that we make representations to.

NICK MCCALLUM: But the question is, is there an extra obligation because, as a result of this, the Government has, in fact, changed the rules for the AFP?

SIMON CREAN: There is the fullest obligation on our part for every citizen that finds themself in trouble overseas.

NICK MCCALLUM: Acting Foreign Affairs Minister and Trade Minister, Simon Crean, as always, it's terrific to have you in the studio; I appreciate your time.

SIMON CREAN: Thanks very much, Nick.

ENDS

Media inquiries

• Mr Crean’s Office: (02) 6277 7420
• Departmental Media Liason: (02) 6261 1555