Queensland laws on bikie gangs and sex offenders will fail: Tony Fitzgerald
- AAP
- October 28, 2013
Tony Fitzgerald QC has warned Queenslanders not to be duped by laws he views as dangerous.
This month, the government gave itself the power to bypass the courts and keep some sex offenders in jail indefinitely.
Parliament also passed new laws that mean judges must now impose two sentences on criminal bikie gang members who commit a serious crime - one for the crime itself and another for being part of a declared criminal gang.
Mr Fitzgerald says Queenslanders should understand the gravity of the laws, which he warns are likely to fail.
New laws will fail, Fitzgerald says
"History teaches us that claims that repressive laws will reduce serious crime are usually hollow and that laws which erode individual freedom and expand a state's power over its citizens are fraught with peril," he writes in an opinion piece in The Courier-Mail.
He says parliament could chose to enact any law.
But parliamentarians "don't have a 'mandate' to give effect to prejudices and ill-informed opinions, ignore ethics and conventions or attack fundamental values such as personal freedom or essential institutions such as the judiciary".
Mr Fitzgerald says both sets of laws are populist and suggests they exploit the fears of less-educated Queenslanders.
He cites Wikipedia's definition for a demagogue, saying it provides an uncomfortable insight into modern politics.
"A demagogue ... is a political leader in a democracy who appeals to the emotions, fears, prejudices, and ignorance of the less-educated citizens in order to gain power and promote political motives."
Mr Fitzgerald is also scathing about how the government has handled concern about its laws.
Last week, Premier Campbell Newman called critics of the sex offender laws "apologists" for pedophiles.
"It is extremely arrogant and socially destructive for politicians to slander citizens who disagree with their 'political solution' or to denigrate the judicial branch of government and its generally conservative judges, who must make sometimes unpopular decisions in accordance with the law and available evidence and their oath of office," Mr Fitzgerald writes.
"And it is incomprehensible that any rational Queenslander who is even remotely aware of the state's recent history could for a moment consider reintroducing political interference into the administration of criminal justice, even to the point of making decisions about incarceration."
Mr Fitzgerald said he wrote the piece as a private citizen who was not aligned with any political party.
"I am a private citizen who has noticed that more problems are solved by thoughtful discussion than political grandstanding and personal abuse," he said.
The premier's office declined to directly address Mr Fitzgerald's criticisms today.
A spokesman for Mr Newman said the government was simply delivering on its plan to make Queensland safe.
Queensland laws on bikie gangs and sex offenders will fail: Tony Fitzgerald
- AAP
- October 28, 2013
Tony Fitzgerald QC has warned Queenslanders not to be duped by laws he views as dangerous.
This month, the government gave itself the power to bypass the courts and keep some sex offenders in jail indefinitely.
Parliament also passed new laws that mean judges must now impose two sentences on criminal bikie gang members who commit a serious crime - one for the crime itself and another for being part of a declared criminal gang.
Mr Fitzgerald says Queenslanders should understand the gravity of the laws, which he warns are likely to fail.
New laws will fail, Fitzgerald says
"History teaches us that claims that repressive laws will reduce serious crime are usually hollow and that laws which erode individual freedom and expand a state's power over its citizens are fraught with peril," he writes in an opinion piece in The Courier-Mail.
He says parliament could chose to enact any law.
But parliamentarians "don't have a 'mandate' to give effect to prejudices and ill-informed opinions, ignore ethics and conventions or attack fundamental values such as personal freedom or essential institutions such as the judiciary".
Mr Fitzgerald says both sets of laws are populist and suggests they exploit the fears of less-educated Queenslanders.
He cites Wikipedia's definition for a demagogue, saying it provides an uncomfortable insight into modern politics.
"A demagogue ... is a political leader in a democracy who appeals to the emotions, fears, prejudices, and ignorance of the less-educated citizens in order to gain power and promote political motives."
Mr Fitzgerald is also scathing about how the government has handled concern about its laws.
Last week, Premier Campbell Newman called critics of the sex offender laws "apologists" for pedophiles.
"It is extremely arrogant and socially destructive for politicians to slander citizens who disagree with their 'political solution' or to denigrate the judicial branch of government and its generally conservative judges, who must make sometimes unpopular decisions in accordance with the law and available evidence and their oath of office," Mr Fitzgerald writes.
"And it is incomprehensible that any rational Queenslander who is even remotely aware of the state's recent history could for a moment consider reintroducing political interference into the administration of criminal justice, even to the point of making decisions about incarceration."
Mr Fitzgerald said he wrote the piece as a private citizen who was not aligned with any political party.
"I am a private citizen who has noticed that more problems are solved by thoughtful discussion than political grandstanding and personal abuse," he said.
The premier's office declined to directly address Mr Fitzgerald's criticisms today.
A spokesman for Mr Newman said the government was simply delivering on its plan to make Queensland safe.
Queensland laws on bikie gangs and sex offenders will fail: Tony Fitzgerald
- AAP
- October 28, 2013
Tony Fitzgerald QC has warned Queenslanders not to be duped by laws he views as dangerous.
This month, the government gave itself the power to bypass the courts and keep some sex offenders in jail indefinitely.
Parliament also passed new laws that mean judges must now impose two sentences on criminal bikie gang members who commit a serious crime - one for the crime itself and another for being part of a declared criminal gang.
Mr Fitzgerald says Queenslanders should understand the gravity of the laws, which he warns are likely to fail.
New laws will fail, Fitzgerald says
"History teaches us that claims that repressive laws will reduce serious crime are usually hollow and that laws which erode individual freedom and expand a state's power over its citizens are fraught with peril," he writes in an opinion piece in The Courier-Mail.
He says parliament could chose to enact any law.
But parliamentarians "don't have a 'mandate' to give effect to prejudices and ill-informed opinions, ignore ethics and conventions or attack fundamental values such as personal freedom or essential institutions such as the judiciary".
Mr Fitzgerald says both sets of laws are populist and suggests they exploit the fears of less-educated Queenslanders.
He cites Wikipedia's definition for a demagogue, saying it provides an uncomfortable insight into modern politics.
"A demagogue ... is a political leader in a democracy who appeals to the emotions, fears, prejudices, and ignorance of the less-educated citizens in order to gain power and promote political motives."
Mr Fitzgerald is also scathing about how the government has handled concern about its laws.
Last week, Premier Campbell Newman called critics of the sex offender laws "apologists" for pedophiles.
"It is extremely arrogant and socially destructive for politicians to slander citizens who disagree with their 'political solution' or to denigrate the judicial branch of government and its generally conservative judges, who must make sometimes unpopular decisions in accordance with the law and available evidence and their oath of office," Mr Fitzgerald writes.
"And it is incomprehensible that any rational Queenslander who is even remotely aware of the state's recent history could for a moment consider reintroducing political interference into the administration of criminal justice, even to the point of making decisions about incarceration."
Mr Fitzgerald said he wrote the piece as a private citizen who was not aligned with any political party.
"I am a private citizen who has noticed that more problems are solved by thoughtful discussion than political grandstanding and personal abuse," he said.
The premier's office declined to directly address Mr Fitzgerald's criticisms today.
A spokesman for Mr Newman said the government was simply delivering on its plan to make Queensland safe.
Queenslanders not fooled by bikie crackdown says poll
THE Queensland Government has failed to convince most Queenslanders of the threat posed by outlaw motorcycle gangs, according to an exclusive survey.
Of more than 1700 respondents, 60% believed stronger laws were needed to combat serious crime.
But only a quarter believed the state's new anti-bikie laws were necessary, and 58% strongly disagreed with them.
>> Police Minister responds to survey with denial
Some 16% of respondents strongly agreed that bikie gangs were a major threat to the community and another 13% agreed.
Forty-two per cent strongly disagreed with that idea, while 53% either disagreed or strongly disagreed that motorcycle gangs were behind major drug and crime operations.
In a slap in the face for Attorney-General Jarrod Bleijie, just 15% of respondents strongly agreed with his approach to law and order issues, and a further 9% agreed.
By comparison, 54% of respondents strongly disagreed with his approach and another 13% disagreed with it.
There was strong support for keeping the government and the judiciary separate, with 71% strongly supportive and another 19% agreeing.
Respondents to the survey made it clear that they wanted tougher action against sex offenders, with closer monitoring favoured by a large majority.
A massive 92% favoured a more stringent regime for sex offenders, with 65% strongly agreeing with a tougher approach.
Most people in the community do not agree with the notion that crime in their community is getting worse.
Just 29% felt that crime was becoming worse in their neighbourhoods, including 9% who strongly agreed.
More than a third of people, however, disagreed with the notion that crime was worsening.
Sending offenders to jail was considered by 50% of survey participants to be an effective way to combat crime.
Some 42% of respondents thought more hoons' cars should be crushed, while 59% either agreed or strongly agreed that police should target traffic offences.