LAW AND JUSTICE LEGISLATION AMENDMENT (SERIOUS DRUG OFFENCES AND OTHER MEASURES) BILL 2005
LAW AND JUSTICE LEGISLATION AMENDMENT (SERIOUS DRUG OFFENCES AND OTHER MEASURES) BILL 2005
Second Reading
Schapelle Corby
FLASH BACK - 12th October 2005
So now it seems apparent that the government are backtracking to try and hide themselves from scrutiny. This is completely unacceptable to Labor.
LUDWIG, the Hon. Joseph William
Senator for Queensland Australian Labor Party
Ministerial appointments
Minister for Human Services from 3.12.07.
SENATOR LUDWIG (Queensland) (10:02 AM) - The Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Bill 2005 represents an overhaul of the federal legislative regime for drug related offences.
I will now briefly outline some of the other non-drug related provisions of the bill. Most important to Labor is the schedule 4 amendment to the Australian Federal Police Act 1979. The bill amends the Australian Federal Police Act 1979 to clarify that the functions of the Australian Federal Police extend to providing assistance to and cooperating with foreign law enforcement agencies. The explanatory memorandum states:
Such activities are not expressly covered by any of the specific functions in section 8 of the AFP Act, but generally fall within the incidental category of the provision of police services in relation to the laws of the Commonwealth and the safeguarding of Commonwealth interests.
Because the Attorney-General's Department have identified a need to clarify the law in this regard, there is also a need to clarify the policy and the procedures of the AFP in international police assistance. In addition, the Attorney-General's Department's Mutual Assistance Manual of 2000, if it has not fallen into disuse, has certainly not been found or recently used and is no longer referred to, as I understand it, and has not been updated since that time. The Attorney-General's Department advised that they now interpret the legislation without reference to the manual.
Finally, recommendation 1 of the Senate committee's report into the bill recommends:
... the Australian Government, in conjunction with the Australian Federal Police and other stakeholders, review its policy and procedures on international police assistance. In particular, the Australian Government should ensure appropriate ministerial supervision of assistance provided to overseas jurisdictions by Australian law enforcement agencies, where that assistance may expose Australians overseas to cruel, harsh or inhumane treatment or punishment, including the death penalty.
That was the recommendation made by the committee. Being a responsible party, Labor have been trying to work constructively with the government on this issue, and the government, through the Attorney-General's Department, are conducting a review into Australia's extradition and mutual assistance arrangements. The report on extradition is expected to be handed down before the end of the year—unless they are going to tell me otherwise—while the report on mutual assistance is to be handed down at an as yet to be determined date within the next year.
Labor welcome those reviews, but this morning on Channel 9's Today show, Minister Ellison made it clear that the mutual assistance review would not cover police to police assistance as specifically requested by the Senate Legal and Constitutional Affairs Committee. So now it seems apparent that the government are backtracking to try and hide themselves from scrutiny. This is completely unacceptable to Labor.
Police to police cooperation in circumstances where that assistance may expose Australians overseas to cruel, harsh or inhumane treatment or punishment, including the death penalty, is a legitimate ethical concern and a legitimate area of review, especially in light of the recent Corby and Bali Nine cases. Labor will therefore move an amendment along those lines, and I foreshadow that now.
Second Reading
Schapelle Corby
FLASH BACK - 12th October 2005
So now it seems apparent that the government are backtracking to try and hide themselves from scrutiny. This is completely unacceptable to Labor.
LUDWIG, the Hon. Joseph William
Senator for Queensland Australian Labor Party
Ministerial appointments
Minister for Human Services from 3.12.07.
SENATOR LUDWIG (Queensland) (10:02 AM) - The Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Bill 2005 represents an overhaul of the federal legislative regime for drug related offences.
I will now briefly outline some of the other non-drug related provisions of the bill. Most important to Labor is the schedule 4 amendment to the Australian Federal Police Act 1979. The bill amends the Australian Federal Police Act 1979 to clarify that the functions of the Australian Federal Police extend to providing assistance to and cooperating with foreign law enforcement agencies. The explanatory memorandum states:
Such activities are not expressly covered by any of the specific functions in section 8 of the AFP Act, but generally fall within the incidental category of the provision of police services in relation to the laws of the Commonwealth and the safeguarding of Commonwealth interests.
Because the Attorney-General's Department have identified a need to clarify the law in this regard, there is also a need to clarify the policy and the procedures of the AFP in international police assistance. In addition, the Attorney-General's Department's Mutual Assistance Manual of 2000, if it has not fallen into disuse, has certainly not been found or recently used and is no longer referred to, as I understand it, and has not been updated since that time. The Attorney-General's Department advised that they now interpret the legislation without reference to the manual.
Finally, recommendation 1 of the Senate committee's report into the bill recommends:
... the Australian Government, in conjunction with the Australian Federal Police and other stakeholders, review its policy and procedures on international police assistance. In particular, the Australian Government should ensure appropriate ministerial supervision of assistance provided to overseas jurisdictions by Australian law enforcement agencies, where that assistance may expose Australians overseas to cruel, harsh or inhumane treatment or punishment, including the death penalty.
That was the recommendation made by the committee. Being a responsible party, Labor have been trying to work constructively with the government on this issue, and the government, through the Attorney-General's Department, are conducting a review into Australia's extradition and mutual assistance arrangements. The report on extradition is expected to be handed down before the end of the year—unless they are going to tell me otherwise—while the report on mutual assistance is to be handed down at an as yet to be determined date within the next year.
Labor welcome those reviews, but this morning on Channel 9's Today show, Minister Ellison made it clear that the mutual assistance review would not cover police to police assistance as specifically requested by the Senate Legal and Constitutional Affairs Committee. So now it seems apparent that the government are backtracking to try and hide themselves from scrutiny. This is completely unacceptable to Labor.
Police to police cooperation in circumstances where that assistance may expose Australians overseas to cruel, harsh or inhumane treatment or punishment, including the death penalty, is a legitimate ethical concern and a legitimate area of review, especially in light of the recent Corby and Bali Nine cases. Labor will therefore move an amendment along those lines, and I foreshadow that now.
