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Asylum seekers: former chief justice condemns politicians' approach Asylum seekers: former chief justice condemns politicians' approach
(about 13 hours later)
The former high court chief justice Gerard Brennan has prepared a damning assessment of a “whatever it takes” approach to politics, questioning the asylum-seeker policies of both parties.The former high court chief justice Gerard Brennan has prepared a damning assessment of a “whatever it takes” approach to politics, questioning the asylum-seeker policies of both parties.
Brennan warns that blindly following popular opinion could be inconsistent with politicians’ duty.Brennan warns that blindly following popular opinion could be inconsistent with politicians’ duty.
In a speech he is due to give to a parliamentary award ceremony on Wednesday, Brennan asks whether Australians can “justify inflicting injuries on the innocent in order to hurt the pockets of the guilty” by imposing harsh policies on asylum seekers to damage the “miserable trade of people-smugglers”.In a speech he is due to give to a parliamentary award ceremony on Wednesday, Brennan asks whether Australians can “justify inflicting injuries on the innocent in order to hurt the pockets of the guilty” by imposing harsh policies on asylum seekers to damage the “miserable trade of people-smugglers”.
He questions the motives of political responses to the “excruciating problem”, saying: “Are we really concerned by the risk of deaths at sea or is our principal concern the survival and arrival of un-visaed refugees? Is policy to be determined by a fear that an uncontrolled flood of foreigners will damage the comfortable order of our lives?”He questions the motives of political responses to the “excruciating problem”, saying: “Are we really concerned by the risk of deaths at sea or is our principal concern the survival and arrival of un-visaed refugees? Is policy to be determined by a fear that an uncontrolled flood of foreigners will damage the comfortable order of our lives?”
Brennan also questions the longstanding Australian tradition of asking a judicial officer to open parliament, suggesting it was a “misunderstanding of the British precedent”.Brennan also questions the longstanding Australian tradition of asking a judicial officer to open parliament, suggesting it was a “misunderstanding of the British precedent”.
Brennan says he was “uneasy” when, as chief justice, he had to open parliament in 1996 owing to the doctrine of the separation of powers.Brennan says he was “uneasy” when, as chief justice, he had to open parliament in 1996 owing to the doctrine of the separation of powers.
“I was uneasy then about fulfilling that role and I have retained some unease about any involvement in the political process.“I was uneasy then about fulfilling that role and I have retained some unease about any involvement in the political process.
“Hence, I had some misgiving about an invitation to a former member of the judiciary to take part in a ceremony commending members of the political branches of government for what they have done in their political lives.”“Hence, I had some misgiving about an invitation to a former member of the judiciary to take part in a ceremony commending members of the political branches of government for what they have done in their political lives.”
Brennan is presenting parliamentary integrity awards on Wednesday night. It is a rare public address by the chief justice, who was known for letting his judgments speak for themselves. His time on the high court covered the Mabo judgments, but Brennan kept silent on their impact. Brennan is presenting parliamentary integrity awards on Wednesday night. It is a rare public address by the former chief justice, who was known for letting his judgments speak for themselves. His time on the high court covered the Mabo judgments, but Brennan kept silent on their impact.
Brennan’s speech is a call for political leadership and a reminder to politicians of their fiduciary duties over “poll-driven” politics.Brennan’s speech is a call for political leadership and a reminder to politicians of their fiduciary duties over “poll-driven” politics.
“Power, whether legislative or executive, is reposed in members of the parliament by the public for exercise in the interests of the public and not primarily for the interests of members or the parties to which they belong,” he writes.“Power, whether legislative or executive, is reposed in members of the parliament by the public for exercise in the interests of the public and not primarily for the interests of members or the parties to which they belong,” he writes.
“The cry 'whatever it takes' is not consistent with the performance of fiduciary duty.”“The cry 'whatever it takes' is not consistent with the performance of fiduciary duty.”
Brennan, 85, refers to the 7 September election and uses Labor and the Coalition’s policy stance on asylum seekers as an example of where popular opinion “does not always perceive where the public interest truly lies”.Brennan, 85, refers to the 7 September election and uses Labor and the Coalition’s policy stance on asylum seekers as an example of where popular opinion “does not always perceive where the public interest truly lies”.
“A headline issue of the recent election illustrates the problem of determining political action in the public interest. Both major political parties proposed to quash the miserable trade of people smugglers by imposing hardship on refugees who have been smuggled.“A headline issue of the recent election illustrates the problem of determining political action in the public interest. Both major political parties proposed to quash the miserable trade of people smugglers by imposing hardship on refugees who have been smuggled.
“This is an excruciating problem and it raises major issues which affect not only asylum seekers but the self-image of the Australian people. Can we justify inflicting injuries on the innocent in order to hurt the pockets of the guilty?“This is an excruciating problem and it raises major issues which affect not only asylum seekers but the self-image of the Australian people. Can we justify inflicting injuries on the innocent in order to hurt the pockets of the guilty?
Brennan describes the asylum-seeker policy as a “grave” issue that requires leaders “noted for their honesty, civility and political courage and who articulate a vision for an honourable and confident nation”.Brennan describes the asylum-seeker policy as a “grave” issue that requires leaders “noted for their honesty, civility and political courage and who articulate a vision for an honourable and confident nation”.
He warns politicians of the dangers of following popular opinion, which is sometimes based on false or out-of-date information.He warns politicians of the dangers of following popular opinion, which is sometimes based on false or out-of-date information.
“Generally speaking, political action must accord with popular opinion but popular opinion does not always perceive where the public interest truly lies,” Brennan writes.“Generally speaking, political action must accord with popular opinion but popular opinion does not always perceive where the public interest truly lies,” Brennan writes.
“Sometimes false or out-of-date information swamps popular opinion, sometimes popular opinion may fall short of the vision appropriate to a confident nation in a changing world.“Sometimes false or out-of-date information swamps popular opinion, sometimes popular opinion may fall short of the vision appropriate to a confident nation in a changing world.
“True political leadership is needed when such issues arise, leadership that can re-engage the electors by giving them a story about Australia that they can believe in.”“True political leadership is needed when such issues arise, leadership that can re-engage the electors by giving them a story about Australia that they can believe in.”
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