The Rudd Government is about to pass laws which are ‘…diluting basic criminal justice principles’ and ‘jeopardis(ing) the most fundamental individual rights’, according to the Opposition, which still plans to vote for the unconscionable legislation. It is time for sensible people on both sides, but particularly the Coalition, to say enough is enough: the ‘continual expansion of powers available to law enforcement agencies’ has gone too far. This Bill should not pass.
This Bill should not pass
Far from bringing a balanced approach to law and order, the Rudd Government has granted further unwarranted powers to Federal law enforcement bodies.
When CLA spoke out against the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009 [No.1] we warned that the government was trampling on long-established rights, including the
- right to be considered innocent until proven guilty;
- right of a defendant to confront their accuser, and
and that forfeiture of property should only follow a conviction secured beyond reasonable doubt. The Government waved aside these concerns, having been seduced by the law and order lobby.
Now a further encroachment on civil liberties is before the Senate. The Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009 [No. 2] will ‘strengthen’ the Rudd Government’s ‘reforms’ to the criminal justice system. In effect it will shift power away from defendants and suspects and reduce the accountability of police and intelligence agencies.
The Coalition, however, have now come out to say that enough is enough. In their minority report to the inquiry into the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009 [No. 2], Liberal senators commented:
It is not sufficient justification for a continual expansion in the powers available to law enforcement agencies and the reach of criminal offences to point simply to the difficulties allegedly faced in pursuing particular groups of offenders. The task of law enforcement officers and prosecutors may well be challenging, but to address this by diluting basic criminal justice principles, and oversimplifying the arrest, prosecution and imprisonment of people would jeopardise the most fundamental individual rights.
Liberal Senators consider that changes proposed by the Bill and the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009 – that is, Bill No 1 – ought to be viewed as being at the outer limit of the powers the Parliament will countenance for law enforcement agencies. Furthermore, we intend to monitor closely through the Estimates process whether these powers are being exercised appropriately and whether practice bears out arguments that they are necessary to tackle organised crime.
Fine words indeed, and we hope that they will stick to their new-found principles – CLA will hold Liberal party Senators to them in the future.
Unfortunately, they are Senators from the party which introduced anti-terrorism laws harsher than any introduced by the UK or US post 9/11; which subverted the traditional adversarial court process through its much criticised National Security Information (Civil and Criminal Proceedings) Act 2006; the party whose Senators regularly criticise human rights instruments and the party which has consistently supported the Rudd Government’s attacks on the rule of law.
Unsurprisingly therefore and despite their criticisms of the push for greater law and order powers, the Coalition have indicated their support for the current Bill. That is, they will vote to pass it….even though it is conceptually and fundamentally flawed, as they point out.
So, before CLA congratulates the Liberal party for re-discovering their original philosophy as the party of democratic liberalism, we suggest that they stand by their own words and vote ‘No’ to the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009 [No. 2] and declare that they are not soft on crime but strong for justice.
Tim Vines