Tuesday, November 29, 2005

Senate safeguards Freedom of Speech


Liberal Senator Marise Payne has chaired a senate inquiry into the Federal governments proposed anti-terror laws and focused on the controversial sedition laws. Whilst the Senate may be in the control of the government any Senate inquiry that delivers bi-partisan recommendations would be ignored at the government's peril. The report below from today's Telegraph accurately covers the issue.

Sedition law threat to freedom
By MALCOLM FARR
November 29, 2005
LIBERAL senators told the Federal Government yesterday its controversial re-write of sedition laws should be scrapped.
They joined Labor in urging the proposals be sent to a review by the Australian Law Reform Commission.
Existing laws covering treason and incitement to violence could be used while the laws were being reviewed.
The senators, members of a committee inquiring into anti-terror laws, also said the Government should review other measures every five years, rather than 10 as planned.
Those measures included preventative detention without charge or trial, and control orders limiting movement.
The Government wants the provisions contained in its Anti-Terrorism Bill passed into law before Christmas.
It had originally allowed for only a one-day Senate inquiry but granted a week after political pressure.
The committee chair, Liberal Marise Payne, said it had received 300 submissions during the brief inquiry and the overwhelming bulk had shown concern about the "updated" sedition laws.
There were claims they could be used to prevent journalists covering security issues, smother legitimate dissent, and censor the arts.
Senator Payne said Attorney-General Philip Ruddock had promised a review of the laws after they were passed. The committee recommended the review be held before the provisions were enacted.
"Given the significant concerns about the sedition provisions raised by a broad range of organisations, the committee as a whole considered that it was inappropriate to enact legislation which is considered in need of review," Senator Payne said.
"The committee has recommended that the sedition provisions be removed from the Bill in its entirety, pending a full and independent review by the Australian Law Reform Commission."
The committee generally endorsed the increased powers for ASIO and law enforcement agencies, but wanted tighter monitoring of their application.
It recommended the Ombudsman play a more significant role, and the laws would lapse after five years, when they would be reviewed, rather than the 10 years the Government wanted.
The committee said "measures proposed in the Bill are extraordinary in nature and it is appropriate that the responsible minister report regularly to the Parliament, and that there be an independent review of the operation in their entirety and a report to Parliament after five years".
It also urged that minors be separated from adults when in detention; the removal of restrictions on the role of lawyers of people under preventative detention; supplying reasons why a person has been detained; and a right for detainees to make representations before being detained.

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