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Mandatory data retention was a bad idea when it was originally floated during a Gillard Government inquiry. It is a worse idea now, and is set to become law for political reasons, not because it has been properly scrutinised. There are important questions that we should be asking, and we should not let ourselves be put off from doing this if we don’t know the difference between data and metadata (there is none).
Prime Minister Abbott's National Security Statement quite rightly spoke of threats to Australia and the need to address them. Many of his utterances might seem uncontroversial: 'Those who live here must be as tolerant of others as we are of them'. But in fact they ignore the way people 'who come here' are treated according to 'how' they came here. The language used to describe them reflects an attitude that is far from tolerant.
I fear for those Muslim young people driven into the arms of ideological extremists so unnecessarily. I'm prompted to recall my school years, when Soviet troops were invading Hungary to put down the brief revolution. I wondered uneasily whether it was not perhaps my duty to go to Hungary to fight for freedom there. For an idealistic young man whose Catholicism was tightly intertwined with anti-communism, the thought was natural.
While people are alive there is the possibility, admittedly sometimes remote, that they will respond by reflecting on their lives, becoming deeper and more generous as human beings, making connections with others and contributing even in small ways to the happiness of others and to society. Capital punishment brutally excludes possibility and leaves all of us the smaller for it.
Physician assisted suicide and euthanasia are back, in the courts of Canada and the UK, and in the parliaments of the UK and Australia. The Australian Senate is considering the Greens' formulation of a broad and fuzzy law that goes further than UK proposals in that it would allow Dr Philip Nitschke to administer a fatal injection.
Pope Francis warns perceptively that the urge to create peace by punishment leads to the search for more targets. The best way to peace and security is not to wage war on people but to be curious about them – what leads them to criminal acts, and how we can intervene to help them make good connections with society.
Reviewing Cardinal Pell's evidence to the Royal Commission in August, I have concluded that Catholics need to accept moral responsibility and legal liability for all child sexual abuse committed by clergy prior to 1996, regardless of what might be the moral or legal position after 1996 when improved measures for supervision and dismissal of errant clergy were put in place.
The French social scientist Bruno Latour referred to the 'uniquely Australian strategy of voluntary sleepwalking towards catastrophe'. His view conflicts with that of our prime minister, who said last week that coal is good for humanity. Abbott's thinking forgets that humanity lives within the earth's critical zone, a home that's not looking so good for humanity.
Suppressing information can actually damage national security. President Kennedy intervened to get the New York Times to withhold sensitive details from a report about the imminent invasion of Cuba by CIA sponsored exiles in April 1961. Times executives said Kennedy later told them, 'If you had printed more about the [CIA] operation, you would have saved us from a colossal mistake.'
Terrorism is a real threat but it is hardly a killer on the scale of coronary heart disease or accidental falls, both of which far outstrip terrorism as killers on Australian Bureau of Statistics data. Blanket rollbacks of important civil liberties, until recently taken for granted, cannot but provoke the suspicion that terrorism has become a diversion of the public's attention from something much more sinister.
All church members, and not just the victims who continue to suffer, need light, transparency and accountability if the opaque injustices of the past are to be rectified. Justice Peter McClellan and his fellow commissioners have to do more to bring the states and territories to the table and to get real buy-in by all governments.
'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.
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