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Anti-terrorism laws

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Doorstop Interview - 3rd November 2005

E & O E - PROOF ONLY

I just wanted to talk about counter-terrorism this morning. We are very concerned after the Government needed to make some technical changes in the Parliament yesterday that they didn't take up our offer to have them passed through the Senate last night.

We are now concerned with all the media coverage and want to be assured that operational matters have not been compromised as a result of the actions the Government took yesterday.

Secondly, now that more detail has emerged about the agreement between the Premiers and the Prime Minister on the bigger counter-terrorism package, we are again calling on the Government to release the Bill. It is now time that they did so.

We are very pleased Labor has been able to effect the outcome on this package. I am glad that judicial review, in particular, has been inserted into the preventative detention regime.

We are obviously waiting to see the details on a range of other matters and we call on the Government to release that now so that that scrutiny in the parliament can start.

JOURNALIST: Why is it you out here expressing concern on operational matters when it is Kim Beazley and Arch Bevis that received the briefing?

ROXON: It is a matter that a number of us have coverage of. It is true that I was not briefed. I am concerned about the impact it could have. Obviously [the briefing] is a matter that I am not in a position to make any comment about. But it seems to us that if this was urgent and needed to be pushed through the parliament - it was a minor technical matter, so we are not concerned about the content of it - then it seems strange to us that the Government wouldn't take the opportunity to use the Senate and pass it last night, rather than do it today. There has been an extraordinary amount of coverage, so we are concerned to make sure that operational matters haven't been compromised. Obviously we'll be watching that closely.

JOURNALIST: Are you saying the Prime Minister shouldn't have made that announcement yesterday?

ROXON: That is a matter for him. What I am saying is that the steps that have been taken do raise a question about whether or not operational matters have been compromised. We hope that they haven't. I guess this is just an example of where we have made an offer to work with the Government in the national interest that they haven't picked up. We think they should have. It is a point that is important to be made.

JOURNALIST: Wouldn't Kim Beazley and Arch Bevis, who were part of the briefing, be able to tell you whether or not they thought operational matters have been compromised?

ROXON: It is unrealistic to think that as an opposition we can make a thorough assessment of the information that is available. At the end of the day, the Government has that information. We are concerned whether or not operational matters have been compromised. That is something we will be watching. Obviously it is another matter you will be putting to other people throughout the day.

JOURNALIST: How could operational matters have been compromised?

ROXON: Well, I think by such a public discussion of these changes, there has been a lot of media coverage, as of course there would be when an announcement like this is made. You don't want to be in the position where you are alerting people that might be subject to these laws. That is a serious concern for us. I am concerned, as the Shadow Attorney-General, responsible for the way that we do implement these laws, that we should actually have a more strategic approach and I am not sure that that has happened. That is something we'll be watching.

JOURNALIST: Would the PM really risk that? I mean isn't that a big risk?

ROXON: I would hope not. I would think and hope that even our Prime Minister, for all his form, would not do that sort of thing. But at the end of the day, he is the only person who can make that assessment.

JOURNALIST: Has the PM been slack?

ROXON: There was an opportunity, if they wanted, for these technical amendments to be passed quickly - for them to do it all yesterday, through the House and the Senate. We made that offer, they didn't take it up. It seems to me that if they want these tools that they should get them as quickly as they believe they need them. I think that just raises a question mark on the way they've managed the issue.

JOURNALIST: Government MPs say it's just a matter of twelve hours though, isn't that a fair point? I mean if the threat level remains the same then obviously it isn't that urgent?

ROXON: Obviously it is a matter of degree. The Senate was going to be sitting next Monday. I guess the same could be put - it was only three days so was there a need to make this change? Given how small the changes were - it does seem to be an argument amongst lawyers as to how you interpret 'the' and 'a' - it is not a major issue in our battle against terrorism. But the Government did say that they need them urgently. It either needs them urgently or it doesn't. It could have taken the offer to pass them through the Senate last night and it didn't do that. We are now raising the questions: one, why didn't they do that and two, has it compromised operational issues? And that is a matter that we will all have to observe today.

JOURNALIST: Peter Andren says that his legal advice says that the difference between 'the' and 'a' is not a problem, and these laws are just a scapegoat to cover up what is going on with IR and detract attention away from it. What do you say to that? You have legal expertise.

ROXON: Well I think that it is a very technical point. I think the interpretation the Government was worried about was a technical one. I think that if you put 100 lawyers in a room you would probably get 98 different views on it. It seems to me that the Government, out of an abundance of caution, wants to make that change and its not a major change so we don't object to that, that is why we supported the Bill. Certainly, again, there is a big question mark over their motives and I think all of you realise that it was the same day that the industrial relations legislation was introduced into the house. Thanks.