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Cracks in terror solidarity

David Marr and Marian Wilkinson | 27.10.2005 23:16 | Terror War | World

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.

Struck down by the High Court as unconstitutional
Struck down by the High Court as unconstitutional


AUSTRALIA: NSW: 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."

Related:

Prime meanster 'tells' States?

hoWard controls the media giants, the sin-ate, the States and now he wants you! Any time he pushes a button on his dictatorial consol, you will jump and he'll use you as cannon fodder. HoWARd will be handed insurmountable scapegoats on a silver platter to wipe his dirty lies and war crimes clean.

More:  http://www.geocities.com/publik18/opinions1

David Marr and Marian Wilkinson

Comments

Hide the following 5 comments

indymedia - get rid of spam

28.10.2005 01:51

gkable is spamming with australian news again, it's the same web site

IndyMedia - why aren't you deleting this spam ?


no spam


why don't you

28.10.2005 09:03

fuck off and watch daytime tv.

spam indeed - who the fuck are you to patrol these waters with your reactionary drivil.

if I or anyone else can be interested enough in aussie anti-terrorist news (pretty fucking rellivant to most thinking people!) to post here what difference does it make to you?

TWAT.

cybervoices


Aussie Spam

28.10.2005 10:58

There DOES seem to be a disproportionate amount of material from Oz of late.

Kiwi


put australia in the headline - stop wasting our time

28.10.2005 11:22

Then I won't waste my time reading the disproportionate number of articles about Australia.

gkable - you're selfish putting so much about "Australia" on the "UK" site = spam
Nearly all the australian articles even ones that don't have gkable's name are from him
gkable told us to boycott a country because he couldn't take drugs there!
- Stop taking the drugs and stop spamming the UK with crap
There are so many articles to get through on IndyMedia I don't want waste time reading your spam about AUSTRALIA

Some of the articles were more relevant to IndyMedia "UK" guidelines - but most is irrelevant spam
Australia is a first world country with its own activists
We can read the oz sites if we were interested

It's not censorship, but gkable has a website and blog - putting everything australian here is selfish

"UK" IndyMedia editors - you're not following your guidelines, or may you're too interested in australia

how would you feel if I start spamming IndyMedia with irrelevant national news from every country in the world?

no spam


Wam Spam Thank You Mame

29.10.2005 03:55

What?
What?

But What Causes Sedition?

Dead Fred