Updated
A former national security watchdog has launched a
stinging critique of the Coalition's demand for Parliament to extend
emergency terror laws beyond their scheduled end date, urging Labor not
to fold and support the plan.
Key points:
- The powers were introduced after the September 11 terror attacks, and are due to lapse in just over a month
- The Coalition wants to extend them for another 12 months
- A former national security watchdog is suggesting that is lazy politics
Federal Parliament passed legislation in the wake of the September 11 terror attacks, giving ASIO the power to secretly detain and interrogate terror suspects.
The legislation contained a "sunset clause", which required the Parliament to review the efficacy and merit of the powers after a specific period of time.
The laws are due to lapse in early September, but the Coalition wants to kick that deadline out by 12 months.
It is the latest flashpoint in the national security debate in the 46th Parliament, following last week's debate on temporary exclusion orders.
Former Independent National Security Legislation Monitor (INSLM) Bret Walker SC reviewed the legislation in 2012 and recommended significant changes.
He does not accept the Coalition's argument further extension is required, suggesting it is lazy.
"If national security is to be a mantra that commands some kind of falling in with government proposals, then the very least we can ask in return is a demonstration that government itself has been dealing urgently and profoundly with these problems," Mr Walker told the ABC.
"I'm sorry, the time that has elapsed since people first started questioning the existence of these powers suggests there's been nothing like urgency, and nothing like profound consideration of them."There are two parts to the emergency ASIO powers. The first is a "questioning and detention warrant", which has never been used, and allows a terror suspect to be taken into custody for urgent questioning. The second is a "questioning warrant".
Mr Walker recommended scrapping the detention warrant in 2012, in his capacity as the INSLM.
A 2018 report by Parliament's Joint Committee on Intelligence and Security (PJCIS), agreed with the calls to scrap the detention powers, while recommending broadening the scope of the questioning warrant to include cases of espionage and foreign interference.
"I don't think there is reason [to extend], in the sense of something that would withstand scrutiny," Mr Walker said.
"I think this is a reflex by people who are too nervous to give up what they regard as powers in what they regard as the fight against terrorism."
Coalition demanding powers be extended a fourth time
The "sunset" provisions have been extended three times before — once in 2006 under the Howard government, a second time in 2014 under then-prime minister Tony Abbott, and a third time last year.
Labor said it would be willing to allow a three-month extension this time around, but it is understood it would not block the year-long deadline change if the Coalition did not agree.
Mr Walker urged the Opposition not to back down on its position, suggesting it would go against the spirit of inserting sunset clauses into legislation.
"It is, in my view, an unprincipled approach, and I wish Parliament would not do it," he said.
Labor allowed a 12-month extension to the powers last year on the basis the Government would act.
Shadow Home Affairs Minister Kristina Keneally defended the Opposition's current stance.
"Bret Walker is arguing the same thing as Labor; that Home Affairs Minister Peter Dutton should not be given a free pass," Senator Keneally told the ABC.
"Under Labor's amendments, the [questioning and detention warrant] power — which has never been used since it was introduced in 2003 — will sunset on September 7, 2019.
"Mr Dutton has done nothing to reform [questioning warrant] powers and now wants another year to do the work; Labor is proposing he gets on with the job in three months."
Attorney-General Christian Porter, acting as Home Affairs Minister while Peter Dutton is overseas, defended the Government against criticism it had been slow to act on the 2018 intelligence committee report.
"In a complex and evolving threat environment, it is vital that our intelligence agencies continue to have the powers they need to keep Australians safe," he said.
"Whilst the Government carefully considers all PJCIS recommendations, given a full general election occurred during the previous 12 months, consideration of these reforms [and] important and complex changes to the powers of our agencies is still ongoing."
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