Howard's latest terror laws: Labor rolls over... again

The Howard Government has stepped up its attack on civil 
liberties with new "anti-terror" laws introduced last week, and 
being rushed through Parliament this week.

The new laws include changes that severely restrict the right to 
bail, introduce mandatory sentencing and create new powers of 
detention of suspected terrorists by police.

Attorney General Phillip Ruddock outlines the new provisions for 
granting bail to suspected a terrorist offence: "The amendments 
will mean that persons charged with, or convicted of, federal 
terrorism and related offences would face a presumption against 
bail unless a bail authority is satisfied that exceptional 
circumstances justify the granting of bail."

The Federal legislation mimics laws passed through the NSW 
Parliament three weeks ago.

On that occasion the NSW Council for Civil Liberties said: "The 
new bail laws mean that, rather than the Crown having to argue 
why a person should not be granted bail, anyone charged with a 
federal terrorist offence will have to argue before a Magistrate 
why they should be granted bail.

"In our society everyone is innocent until proven guilty in a 
court of law. This move introduces a presumption of guilt when it 
comes people accused of terrorist offences — long before they 
have their day in court."

The Anti-Terrorism No. 2 (2004) Bill allows police to further 
detain people without charge on top of the seven days they may 
have already been held by ASIO.

The legislation also introduces mandatory non-parole periods for 
custodial sentences. Attorney General Ruddock explained that 
sentences must "reflect community concern" about terrorism and 
that current judicial discretion "has the potential to undermine 
confidence in the criminal justice system".

There are also new penalties for "intentionally meeting and 
communicating" with members of a terrorist organisation".

It must be remembered in this context that organisations are 
proscribed as terrorist by the Attorney General himself.

Greens Senator Kerry Nettle described the new laws as 
"McCarthyite". "Changes to bail and sentencing laws have been 
pushed through with no public discussion or Parliamentary 
inquiry".

"The laws passed by Labor and the government attack the 
independence of the judiciary and breach international law, 
including the International Covenant on Civil and Political 
Rights", Senator Nettle said.

"We have had over two years of new terror laws in every sitting 
of Parliament and Labor rolls over every time."