The NSW Attorney-General, Bob Debus, has publicly questioned the adequacy of the safeguards in Howard Government's anti-terrorism bill.
In remarks that are at odds with the Premier, Morris Iemma's determined support for the legislation, Mr Debus told the Herald yesterday: "I think I share the concern about the legislation with plenty of other people. I don't query that we need to have very tough responses to the threat of terrorism and I don't query that the premiers have signed off on a framework last month.
"But that was a framework that said judicial review of preventive detention and control orders would be meaningful and I'm concerned that in the drafted provisions that presently exist there are many aspects of normal judicial review that have simply been left out."
Last night, state and territory legal officers held a telephone hook-up with their Commonwealth counterparts to discuss possible constitutional complications with the counter-terrorism package.
Mr Debus said he was worried about the lack of open debate about the contentious bill.
"I'm also concerned that debate so far has been so secret. I do think that we are talking here about some of the most profound changes to the criminal law that we have known in a generation and, necessary as they may be in general, it is obviously extremely important for democracy that they should be debated in a rational matter, both before they get into Parliament and when they get there - preferably some time well after Melbourne Cup day."
The Prime Minister, John Howard, is pressuring the state and territory leaders to commit to a new version of the counter-terrorism bill by Monday so it can still be introduced to federal Parliament on Tuesday, Cup day.
The state leaders were told yesterday a new bill would be drafted following last night's meeting of the state and federal solicitors-general. The bill would be sent to the premiers today with the request that their adviser check the final draft by Monday.
But Mr Howard's push is in trouble as a growing number of solicitors-general, senior members of the bar and legal bodies are swaying premiers to take more time to examine the bill, its judicial safeguards and the possibility it will be struck down by the High Court as unconstitutional.
The head of the Human Rights and Equal Opportunity Commission, John von Doussa QC, has added his voice to those calling on the Howard Government to delay the introduction of the counter-terrorism laws because of the lack of meaningful judicial safeguards in the current draft of the bill.
The commission argues the bill falls short of international human rights laws. Mr von Doussa said yesterday that the laws needed to meet "basic guarantees" of human rights that a suspect who is detained for preventive detention or placed under a control order can challenge the action in court without delay. "The current force of the bill simply fails to meet these basic guarantees."
The NSW and ACT governments have raised similar concerns in a submission sent to the Federal Government, which were to be discussed at last night's meeting.
The Queensland Premier, Peter Beattie, told his Parliament yesterday the legislation had to be correct in its detail.
"There's no point to the states agreeing to laws that could effectively be challenged in the High Court."
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By Phil posted 28 October 05
If John Howard's terror law comes into effect, what is the difference between China, and Australia? No rifle executions?
I think it is time to approach the Governor General, to dissolve Parliament on the basis that the present Government is attempting to achieve Dictatorial Powers above the Crown. This is Treason against the Crown, Queen Elizabeth 2, our Head of State, who as Head of State was confirmed by popular referendum.
The proposed terror laws are, I believe, a betrayal of our War Dead, and the very reason for which our Servicemen and Servicewomen fought in WW1, and WW11, and Korea; that is the right to live in a Common Law Country with Freedom of Speech, Freedom of Movement, Freedom to Work & Trade, and the essential Freedom to organise a Political Party to engage in the Democratic Process.
I further believe that the present Government of Australia, under the Prime Ministership of John Howard, is attempting by the new proposed Industrial Relations Laws to deprive employed Australians of their rights to lawful appeal regarding their wages and conditions.
In seeking to deny Lawful Debate in the Australian Parliament on both the terror laws and the industrial relations laws, I believe John Winston Howard is bringing the Parliament of Australia and the Crown into disrepute. He promised when he achieved a possible voting control of the House of Representative and the Senate that he would treat all matters seriously, despite enjoying a Party Majority in both Houses, and that he would not abuse his Party Majority. However his behaviour, ridicules the very notion of Lawful Debate.eg. Seeking to ram through the terror laws on Melbourne Cup Day - our day of national celebration. Even though he has changed this, it was only done after bi-partisan requests and in no way indicates a change of his intent.
At the very least, these two important changes - IR Laws and Terror Laws deserve the use of a Public Referendum.
However, in seeking to obtain a de facto Dictatorship, and subvert the lawful debate of Parliament, John Howard, has brought both the Parliament and the Head of State into disrepute, and positioned both as a perceived oppressor in waiting, of the Australian People. In other words, the Australian People, in suffering these laws to pass, and a One Party State, and then experiencing their application, are being induced to revile both the Government of Australia and the Head of State.
At the very least, these matters deserve Public Referendums, as also many Liberals, long in the Party, abhor these measures.
Even the Menzies legislation meant to ban the Communist Party was put out to referendum, rather than being rammed through on Melbourne Cup Day!
All of us wish to fight terrorism, however, enough legal protection is in place already.
Meanwhile our lead City, Sydney, and our main import facility for containers is in chaos. We can thank the Howard Government for that in no small measure.
Wouldn't we in Australia be better, with the Governor General dissolving Parliament and appointing Peter Costello as caretaker Prime Minister until a new election and referendums could be held?
http://www.aussieseek.com
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