TV PROGRAM TRANSCRIPT LOCATION: abc.net.au > Lateline > Archives URL: http://www.abc.net.au/lateline/s735537.htm
Broadcast: 26/11/2002
Proposal to boost ASIO powers has judges worried
A NSW Supreme Court judge has been caught up in a political brawl after saying he fears Muslims will be unfairly targeted by tougher anti-terrorism laws. Justice John Dowd today gave evidence to a senate committee looking into the Government's proposed new ASIO laws. It is not just judges who are concerned; civil libertarians have argued against the beefed-up powers since they were first floated earlier this year. But ASIO is adamant it needs more freedom if its to prevent further terrorist attacks.
--------- Compere: Tony Jones Reporter: Dana Robertson
TONY JONES, PRESENTER: A NSW Supreme Court judge has been caught up in a political brawl after saying he fears Muslims will be unfairly targeted by tougher anti-terrorism laws.
Justice John Dowd today gave evidence to a senate committee looking into the Government's proposed new ASIO laws.
And it's not just judges who are concerned, civil libertarians have argued against the beefed-up powers since they were first floated earlier this year.
But ASIO is adamant it needs more freedom if its to prevent further terrorist attacks.
Dana Robertson reports from Canberra.
DANA ROBERTSON, REPORTER: After raids on homes in Sydney, Melbourne and Perth, ASIO's new role on the front line of the fight against terrorism has brought with it public scrutiny of a kind never before experienced by the secret organisation.
The Government's latest anti-terrorism legislation, which significantly beefs up ASIO's powers, has done little to dampen that.
The proposed laws would allow a terrorist suspect to be: * detained for 48 hours without access to a lawyer * held without being charged for up to a week * and it would also remove the right to silence.
Civil libertarians are outraged.
TERRY O'GORMAN, AUSTRALIAN CIVIL LIBERTIES COUNCIL: That is simply going too far, giving ASIO too great a power and simply setting the scene for those powers to be abused.
DANA ROBERTSON: The Government's watered down the legislation since it was first introduced, but ASIO's director, Dennis Richardson, has warned against going any further.
DENNIS RICHARDSON, DIRECTOR, ASIO: Your bottom line responsibility, I think, to the community is to actually prevent, and that's what this legislation is about.
DANA ROBERTSON: He says the current legislation guards against abuse.
DENNIS RICHARDSON: There are a range of checks and balances there.
Some go to the core of our system -- the separation of the executive and the judiciary.
Others are, as you like, practical things embedded in the legislation itself.
TERRY O'GORMAN: The protections that Mr Richardson talks about at first blush appear to be good but, when you look at the protections in reality, they aren't much protection at all.
DANA ROBERTSON: Even the highest echelons of the legal fraternity are yet to be convinced on the merits of the legislation.
NSW Supreme Court Justice John Dowd today told a Senate committee that judges are concerned ASIO will unfairly target Muslims.
The former Liberal Attorney-General even quoted the PM's political hero, telling the committee: The greatest tragedy that could overcome a country would be for it to fight a successful war in defence of liberty -- and lose its own liberty in the process.
BOB CARR, NSW PREMIER: Can't John Dowd get it into his thick head that Bali occurred, that we have a problem here, that these threats are real?
TERRY O'GORMAN: I think there's a very big risk that there'll be racial stereotyping in respect of these new ASIO laws.
Keep in mind the warrants are not issued by a court.
They're issued by the Attorney-General, who's a politician.
DANA ROBERTSON: The Senate committee's due to report to Parliament early next week.
Dana Robertson, Lateline.