Ms GILLARD (Lalor—Prime Minister) (14:11): That clause was in the draft that the Leader of the Opposition was provided with on Friday. It is in the draft that the Leader of the Opposition has been provided with today. Clearly, it is the government's view in instructing the drafting of these amendments that governments can make arrangements between them that are honoured by both sides. We have made an arrangement with Malaysia, which it has freely entered into, and, frankly, apart from being insulting to our friends in Malaysia, there is no reason to assume that Malaysia would not honour the obligations it has freely entered into. At the end of the day, I do not ask the Leader of the Opposition to endorse the arrangement with Malaysia. I understand that he is opposed to it. Opposition members interjecting— Mr PYNE: My Speaker, I rise on a point of order. The Leader of the Opposition's question was very simply: what is the point of making an arrangement with a third country that is not legally binding? The SPEAKER: Order! The member for Sturt would resume his seat. The only point of order possible is of direct relevance. The Prime Minister is responding to the question. Ms GILLARD: I was making the point that I am not asking the Leader of the Opposition to endorse the arrangement with Malaysia, but I am asking him to agree to amendments which would give executive government the power to act. To give the Leader of the Opposition a good example of where that power might be necessary, if we go back to the Howard government's arrangements with Nauru, they were a nonsignatory country in the days of those arrangements. The arrangements were not legislated in either Australia or Nauru. They were only enlivened by a memorandum of understanding between the two nations. So if in the future a government decided that it wanted to replicate exactly the circumstances that the Howard government had engaged in with Nauru at that time, it would need power as expressed in this amendment in the clause that the Leader of the Opposition has pointed to.