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THE man who presided over Queensland's historic
corruption inquiry has launched a scathing attack on the Newman
government's bikie and sex offender laws.
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.
- See more at: http://www.theaustralian.com.au/national-affairs/state-politics/queensland-laws-on-bikie-gangs-and-sex-offenders-will-fail-tony-fitzgerald/story-e6frgczx-1226748089355#sthash.sNKVnMFQ.dpuf
Hi D
Discover news with your
friends. Give it a try.
To get going, simply connect with your favourite social
network:
THE man who presided over Queensland's historic
corruption inquiry has launched a scathing attack on the Newman
government's bikie and sex offender laws.
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.
- See more at: http://www.theaustralian.com.au/national-affairs/state-politics/queensland-laws-on-bikie-gangs-and-sex-offenders-will-fail-tony-fitzgerald/story-e6frgczx-1226748089355#sthash.sNKVnMFQ.dpuf
Tough new anti-bikie laws will make it difficult
to make an honest living.
Getting an "honest job" is about to be a lot harder
for bikies.
The government will push through amendments to a range
of anti-association laws, which it proclaims to be among the toughest
legislation in the country, to stop identified members of criminal gangs
being able to apply for jobs in a raft of industries, including security
and building, this week.
Last month, premier Campbell Newman urged bikie
members to turn to a legitimate livelihood.
“Get an honest job, hand
in your colours, join a real motorcycle enthusiasts' club and just enjoy
riding. That is what we ask you to do,”
he said then.
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But the amendments to the legislation will hamper the
efforts of those identified as bikie gang members to be able to do just
that.
The government has not confirmed all the changes it is
expected to make to its landmark legislation, but it is widely believed
that adding the word “was” to its definition of who the laws applies to,
currently worded as “a person [who] is a participant” of an identified
gang, will be chief among them.
It means that bikie members who have handed in their
colours will no longer be immune to prosecution under the legislation.
Attorney-General Jarrod Bleijie is also expected to
add the building industry and its affiliates, such as scaffolding and
plastering, used car dealerships, security, fitness and tow truck
operators to its list of businesses identified gang members will not be
able to receive a licence for, or work in.
Identified gang members have already been banned from
running, owning, operating or working in tattoo parlours.
Civil libertarians have labelled the plan
“objectionable in the extreme” and said there was “almost nothing” left
for former members, who often don't have trades or qualifications, in
terms of legitimate jobs.
“This is why this legislation is so obscenely
extreme,” Queensland Council for Civil Liberties Terry O'Gorman said.
“They are being prohibited as a group, simply because
they were once part of the 26 proscribed motorcycle groups, from being
able to obtain employment, when the stated aim from the premier was to
make them get honest jobs.
“This really shows the real intention and face of the
government on this legislation. They are just wanting to severely
victimise anyone in these past groups individually as much as they can.”
Mr Newman said it was a “fair point” the government
was narrowing the list of honest jobs, but he said it was being done in
the best interests of the public.
“The industries which have been identified are ones
that the Queensland police and the CMC have indicated are the subjects
of money laundering by bikie gangs,” he said.
“But more importantly for members of the Queensland
public, do you want a locksmith working at your place or your business
that is owned by a criminal bikie gang? Do you want your children going
to a nightclub where the staff on the door are employed by a criminal
gang? If you are a motorist involved in a traffic accident or your car
is towed ... do you want your car in the hands of a criminal gang? I
think these are real issues for Queensland that we will address.”
The law changes come as
Mr Newman admitted he could not rule out
that bikie members had never been contracted for government work, in an
answer to a question on notice asked by the opposition.
"... it is possible that government agencies have
unwittingly dealt with businesses that are owned, partly owned or
associated with members of criminal organisations, including criminal
motorcycle gangs".