[LINK] SMH Op-Ed: Williams Character Assassination
Roger Clarke
Roger.Clarke at xamax.com.au
Fri Apr 4 09:36:21 EST 2003
[Richard Ackland - he of Media Watch - puts very nicely what I think
of the worst Attorney-General this country's ever suffered]
The very picture of a petulant AG
The Sydney Morning Herald
Date: April 4 2003
By Richard Ackland
http://www.smh.com.au/text/articles/2003/04/03/1048962881547.htm
What is it with "Rowdy" Williams QC, MP? The federal Attorney-General
seems so miserable, pushed as he is to adopt the less amusing
hallmarks of a grim regime.
This is not to suggest that Daryl Williams was ever anything other
than a lawyer's lawyer and all that is embraced in that exciting
concept. But what makes one convinced of his unhappiness is his
consistently constipated performance under light questioning. He's a
stuttering vision in puce and if ever a man wasn't set on fire by the
certainty of his conviction, it is the Attorney-General.
It's comforting to remember that Williams is in charge of our
national security. The fact that his security legislation cannot pass
the Parliament is a testament to the proposition that no one takes
seriously his insistence on the need to hold men and women without
immediate access to lawyers in the interests of national
tranquillity. It is just that Rowdy is not persuasively fearsome
enough.
For someone who gives the appearance of non-rabid avuncularity,
Williams has come up with some pretty unsubtle assaults on the
traditional apparatus. The latest was announced yesterday in the form
of a reference to the Australian Law Reform Commission for it to
investigate how best to prevent information the Government wants kept
secret from being ventilated in court proceedings. Williams says
he is going to legislate in any event to protect certain information
turning up in court cases and thereby becoming public. This is not
classified information, but "security sensitive information", which
potentially covers an awful lot of things the Government would prefer
you didn't know. The commission has been given the job of sorting out
how best to do this and has until the end of next February to come up
with a formula, whether it be closed hearings or court orders
limiting the disclosure of material.
In the seven years that Williams has been Attorney-General he has
made just eight references to this first-rate law reform body,
including reviews of the Archives Act, Proceeds of Crime Act, Marine
Insurance Act, Judiciary Act, penalties in the federal civil and
administrative jurisdiction and protection of human genetic
information. It is but one measure of his raciness.
The other sinister little invasion in the name of national security
is the new requirement that any defendant in a "national security"
case cannot obtain legal aid unless the defendant's lawyer has a
security clearance. The Law Council of Australia protested but
Williams, a former council president, knows how much weight that
carries.
Not that there's much legal aid left, anyway. This was the No. 1
assault of Williams when he took office in 1996. The cuts to legal
aid in the Coalition's first Budget were deep as Williams made it
clear that apart from Family Court matters, this should primarily be
the responsibility of the states. The Commonwealth sought to
encourage the private profession to fill the gap with a more zealous
commitment to pro bonoism, which is all very well but hardly a
substitute for a sensible method of consistently applied assistance
for the indigent who require "access to justice".
Then there was last week's encouraging announcement from Williams
that "the human rights of all Australians will be strengthened under
a bill introduced into Parliament today". A more graphic piece of
Orwellian double talk one is unlikely to find, for as Steve Dow
explains on this page, the legislation does precisely the opposite as
it seeks to diminish the powers and protections, limited as they are,
afforded by the existing Human Rights and Equal Opportunity
Commission.
A more accurate reflection of the Williams's feeling about human
rights can be gleaned by the fact that he is spending what must be an
inordinate amount of taxpayers' money on endless appeals against
Family Court findings that validate a marriage in which one party is
a transsexual. The threat such arrangements pose to a well-ordered
society is of such concern to Williams that he is contemplating
seeking special leave of the High Court to appeal against a Full
Family Court ruling in this case.
Maybe many people will sleep better once they know Williams has left
no stone unturned to protect the immutability of "traditional"
marriage. Let's hope the High Court uses the opportunity to express
some useful dicta about the rights of a married man to be brought a
cup of tea in the morning.
Then, of course, there is the issue of film and literature
classification and Daryl's quiet but effective orchestration of a
shift in direction that would not displease the Amish.
It all adds up to one thing. That we should no longer be charmed by
this piano-playing, chilli-munching party boy. He seems to mean
business.
--
Roger Clarke http://www.anu.edu.au/people/Roger.Clarke/
Xamax Consultancy Pty Ltd, 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
Visiting Professor in the eCommerce Program, University of Hong Kong
Visiting Professor in the Baker Cyberspace Law & Policy Centre, U.N.S.W
Visiting Fellow in Computer Science, Australian National University
More information about the Link
mailing list