Excerpt from
3 May 2002
TRANSCRIPT OF THE PRIME MINISTER THE HON JOHN HOWARD MP RADIO INTERVIEW WITH NEIL MITCHELL, 3AW
MITCHELL:
The Director General
of ASIO says Australia has an increased terror risk because of statements, he's
interpreted statements recently from Osama bin Laden. Do you accept that advice
- our terror risk is increased?
PRIME MINISTER:
Our terror risk has been higher for some time now. I can't
really get into sort of specific gradations of it but we are obviously more at threat
now. We are a close ally of the United States , properly so. We have taken a
strong stand properly against terrorism. I have said frequently since the 11th
of September last year that the idea that it can't happen in Australia is wrong
and misguided. It can. We have to be vigilant but the vigilance of course can't
and won't stop us going about our daily lives. You can't stop living because of
a terror threat but people should understand that we're not immune.
MITCHELL:
Well does that justify, is that how you justify your new
legislation which as I interpret it, somebody could be locked up for five years
without charge for not answering questions?
PRIME MINISTER:
Well that's not the interpretation that I have on the
legislation.
MITCHELL:
Well do you want it to do?
PRIME MINISTER:
Well I want it to arm us with what is needed consistent with
our traditions as a liberal democracy, what is needed in order to fight terrorism.
MITCHELL:
How far do you go with that?
PRIME MINISTER:
Well you'll never get complete agreement on that. We think
this legislation which goes a little further than in the past particularly in the
relation to the 48 hour period. We think that is justified in relation to the
sort of threat that we now face. You
have this eternal dilemma. People say what's the Government doing about the new
terror threat, when we do something about it we are then accused of going too
far. We think we've got the balance right but we're listening to what people
have got to say. I don't want this country to lose its strong tradition of
civil liberties and its tradition of being a liberal democracy. It's treasuring
of the principles that somebody is innocent until proven guilty. All of those
things are very important to our society.
MITCHELL:
And you deny that under this people could be gaoled for five
years for not answering questions?
PRIME MINISTER:
That wasn't, the formulation I used a moment ago is different
from that.
MITCHELL:
Can people be gaoled for five years for not answering
questions?
PRIME MINISTER:
There are new offences created by this and we think they are
fair.
MITCHELL:
Can people be gaoled for five years for not answering questions?
PRIME MINISTER:
That is one of the new offences created by it yes.
MITCHELL:
How is that fair? If you've got a presumption of innocence,
then surely you've got a right not to answer questions?
PRIME MINISTER:
Well, but if that is part of a pattern of deliberately
obstructing the proper investigation of an allegation I'm not sure that I would
agree with you.
MITCHELL:
But how far do you extend that, I refuse to answer
questions? Five years.
PRIME MINISTER:
So you think it's perfectly alright for somebody to do that
indefinitely no matter what the circumstances?
MITCHELL:
I think it's the base of any democratic judicial system at
the moment that you have the right to refuse to answer questions.
PRIME MINISTER:
I think you have to look at the whole bill in the context of
the new environment in which we are.
MITCHELL:
So how far do we go?
PRIME MINISTER:
I think the bill strikes a good balance.
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