john howard:confirmation of extreme arrogance

At best this is what our beloved leader can be accused of. He is bringing out the anti-terror legislation on Melbourne Cup Day. This complex and controversial legislation will be debated and voted upon on the same afternoon that most of Australia will be looking anywhere but at Canberra; they wil be watching the Big Race.

One has to ask why would anyone try to ram through such complex legislation in such circumstances? The answer is simple enough. The legislation does not bare scrutiny

It is clearly unconstitutional and has many problematic sections that need careful analysis. Is this the action of a man who values democratic priciples or is the action of a man to whom the exercise of power in pursuing his baseless ideologies has become an end of itself?

John Howard is much more of a threat to Australian democracy than any would be terrorist....

Constitutional problems with new anti-terror laws PRINT FRIENDLY EMAIL STORY
AM - Tuesday, 25 October , 2005 08:00:00
Reporter: Alexandra Kirk
TONY EASTLEY: The Commonwealth's proposed new counter-terrorism laws, agreed to by the nation's heads of government, may have struck a constitutional snag.

A letter from Queensland Premier, Peter Beattie, to his State and Territory counterparts, which has been sighted by AM, says legal advice he's received from Queensland's Solicitor-General raises "significant constitutional problems" with the new bill.

Mr Beattie says he remains committed to the agreement that he and other Premiers struck with the Prime Minister last month, but with a looming deadline, and the prospect of the Commonwealth's draft bill "being unconstitutional", he finds himself in a difficult position.

From Canberra, Alexandra Kirk reports.

ALEXANDRA KIRK: It was Peter Beattie, along with his Victorian counterpart Steve Bracks, who last week accused the Commonwealth of inserting a "shoot to kill" provision in draft counter terrorism legislation they didn't agree to.

While the States and Territories are vowing they won't give police those new powers, the Prime Minister is confident of reaching a compromise.

Now AM understands Mr Beattie has raised a new problem.

In a leaked letter, Mr Beattie writes to his State and Territory colleagues that advice from Queensland's Solicitor General raises "significant constitutional problems" with the proposed regimes for preventative detention and control orders. He says partly because the safeguards the States argued for are not there.

AM's been told the Solicitor General warns there's a real risk a number of High Court judges would conclude that judges and magistrates should not be recruited to aid the work of police in secretly detaining people who've committed no offence, and that if they did so it would bring the courts into disrepute.

It comes as no surprise to constitutional lawyer, Dr John Williams, from the Australian National University.

JOHN WILLIAMS: Look, the problem essentially is that under the legislation, by concealing charges, by forcibly removing people, to holding them in camera, insomuch as you're asking the judiciary to be involved either as individuals or as a court, you're asking them to undertake activities which are just wholly incompatible with what we understand the judicial process is.

ALEXANDRA KIRK: Dr Williams thinks the legislation is ripe for being overturned.

JOHN WILLIAMS: I could not see that this legislation would operate for long without a challenge being made.

ALEXANDRA KIRK: It's understood Premier Peter Beattie has informed his colleagues the prospect of the Commonwealth's draft bill being unconstitutional puts him in a very difficult position, because his legal advice flags significant problems that cannot be easily or quickly resolved.

The Queensland Premier writes "he remains wedded to what was agreed to at last month's heads of government, or COAG, meeting... but he does not believe he'd be fulfilling those commitments if he allowed the referral of powers, knowing there was a strong chance the legislation could be successfully challenged on constitutional grounds."

In the letter Peter Beattie offers to host a legal powwow to find ways to put the anti-terror laws on a more solid legal footing, before alerting the Commonwealth, intending to send the Prime Minister a copy of the Solicitor General's advice by today.

John Howard's office says all this is news to them. A spokesman says the Government hasn't received any advice from Mr Beattie about any reservations he might have, pointing out the fundamental agreement reached at COAG remains.

The Premier was unavailable for comment, his office telling AM Mr Beattie is busy preparing to deliver the Government's mini budget today.

One source says under the intergovernmental agreement on counter-terrorism, the Premiers and Chief Ministers still have to agree to the final draft of the legislation before it's introduced into Federal Parliament.

TONY EASTLEY: And AM understands that the ACT (Australian Capital Territory