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Australian MPs to attend surveillance conference in London | Australian MPs to attend surveillance conference in London |
(about 3 hours later) | |
Members of Australia’s parliamentary intelligence committee will go to London next week for a major international conference pondering the challenges of effective intelligence oversight in the post-Snowden era. | Members of Australia’s parliamentary intelligence committee will go to London next week for a major international conference pondering the challenges of effective intelligence oversight in the post-Snowden era. |
With the Abbott government poised to introduce a new tranche of legislation expanding some Australian intelligence agency surveillance and investigatory powers, two members of the parliamentary joint committee on intelligence and security (PJCIS) will attend the 2014 international intelligence review agencies conference. | With the Abbott government poised to introduce a new tranche of legislation expanding some Australian intelligence agency surveillance and investigatory powers, two members of the parliamentary joint committee on intelligence and security (PJCIS) will attend the 2014 international intelligence review agencies conference. |
Victorian Liberal MP Dan Tehan, who chairs the committee, confirmed he would travel to London next week and told Guardian Australia: “It’s a very timely conference. It will be important to have an exchange of ideas about parliamentary oversight.” | Victorian Liberal MP Dan Tehan, who chairs the committee, confirmed he would travel to London next week and told Guardian Australia: “It’s a very timely conference. It will be important to have an exchange of ideas about parliamentary oversight.” |
The theme of the conference this year – the first since the politically explosive disclosures by the former National Security Agency contractor Edward Snowden in 2013 – is balancing the dual imperatives of national security and privacy. The bi-annual event will be hosted by the British parliamentary intelligence committee and two oversight agencies – the Intelligence Services Commissioner and the Interception of Communications Commissioner. | The theme of the conference this year – the first since the politically explosive disclosures by the former National Security Agency contractor Edward Snowden in 2013 – is balancing the dual imperatives of national security and privacy. The bi-annual event will be hosted by the British parliamentary intelligence committee and two oversight agencies – the Intelligence Services Commissioner and the Interception of Communications Commissioner. |
Since taking office last September, the Abbott government has been publicly critical of the Snowden disclosures, branding the whistleblower a “traitor”. | Since taking office last September, the Abbott government has been publicly critical of the Snowden disclosures, branding the whistleblower a “traitor”. |
The Coalition is also moving to axe one key Australian intelligence oversight position – the Independent National Security Legislation Monitor (INSLM) – as part of its “red tape” reduction program. | |
The outgoing monitor, Bret Walker QC, pointed out in his final report this decision coincided with the likely expansion of the footprint of national security laws and surveillance mechanisms, given the increased domestic risks posed by violent sectarian conflicts in Syria and Iraq. | The outgoing monitor, Bret Walker QC, pointed out in his final report this decision coincided with the likely expansion of the footprint of national security laws and surveillance mechanisms, given the increased domestic risks posed by violent sectarian conflicts in Syria and Iraq. |
Walker said the abolition left no agency performing his function. | Walker said the abolition left no agency performing his function. |
“The proposed repeal of the INSLM Act has been explained as “designed to reduce bureaucracy and streamline government” by removing “duplication of responsibilities and between different levels of government”, Walker noted in his final report. “The INSLM is not aware of any other officer, agency or “level” of government doing what parliament required to be done by the INSLM Act enacted in 2010.” | “The proposed repeal of the INSLM Act has been explained as “designed to reduce bureaucracy and streamline government” by removing “duplication of responsibilities and between different levels of government”, Walker noted in his final report. “The INSLM is not aware of any other officer, agency or “level” of government doing what parliament required to be done by the INSLM Act enacted in 2010.” |
Despite the trenchant criticism of Snowden, public warnings from intelligence agencies about the domestic risks posed by conflict in the Middle East and escalating political rhetoric about the importance of national security, the government has not rushed to adjust national security legislation. | Despite the trenchant criticism of Snowden, public warnings from intelligence agencies about the domestic risks posed by conflict in the Middle East and escalating political rhetoric about the importance of national security, the government has not rushed to adjust national security legislation. |
But the Coalition is now picking up the pace, with the attorney general, George Brandis, proposing to bring forward legislation in the Senate in the coming sitting fortnight giving effect to chapter four of a PJCIS report from 2013. | But the Coalition is now picking up the pace, with the attorney general, George Brandis, proposing to bring forward legislation in the Senate in the coming sitting fortnight giving effect to chapter four of a PJCIS report from 2013. |
That chapter deals with expanding Asio’s access to computers and computer networks; and with adjustments to the warrant regime. | That chapter deals with expanding Asio’s access to computers and computer networks; and with adjustments to the warrant regime. |
It also deals with joint operations between Asio and other agencies, including the Australian Security Intelligence Service (Asis) and the Australian Signals Directorate (ASD) – clarifying powers to investigate, including in overseas conflicts. | It also deals with joint operations between Asio and other agencies, including the Australian Security Intelligence Service (Asis) and the Australian Signals Directorate (ASD) – clarifying powers to investigate, including in overseas conflicts. |
The government is also indicating it will bring forward reforms dealing with current deficiencies in the commonwealth’s statutory powers to combat terrorism in instances such as the current Iraq and Syrian conficts. | The government is also indicating it will bring forward reforms dealing with current deficiencies in the commonwealth’s statutory powers to combat terrorism in instances such as the current Iraq and Syrian conficts. |
Many of these specific deficiencies were outlined by Walker in his final report. Walker said the relevant laws were deficient in supporting the critical practice of gathering evidence in foreign countries to prosecute Australian terrorism offences. | Many of these specific deficiencies were outlined by Walker in his final report. Walker said the relevant laws were deficient in supporting the critical practice of gathering evidence in foreign countries to prosecute Australian terrorism offences. |
The government is signalling it wants Labor’s support for the national security measures it will propose in the coming parliamentary sessions. | The government is signalling it wants Labor’s support for the national security measures it will propose in the coming parliamentary sessions. |
Labor has indicated it will co-operate, but does not intend to be a rubber stamp. | Labor has indicated it will co-operate, but does not intend to be a rubber stamp. |
Given the changes will increase surveillance powers, the shadow attorney general, Mark Dreyfus, has indicated he wants the reforms to be produced as an exposure draft that would allow a period of public consultation and, potentially, additional parliamentary committee scrutiny. | Given the changes will increase surveillance powers, the shadow attorney general, Mark Dreyfus, has indicated he wants the reforms to be produced as an exposure draft that would allow a period of public consultation and, potentially, additional parliamentary committee scrutiny. |
Asked on Wednesday whether the government would agree to that process, Brandis said only: “We’ve been in discussion with the shadow attorney general’s office.” | Asked on Wednesday whether the government would agree to that process, Brandis said only: “We’ve been in discussion with the shadow attorney general’s office.” |
Tony Abbott was asked on radio on Thursday morning about the renewed national security policy debate. “I think we do need to update our laws,” the prime minister said. | Tony Abbott was asked on radio on Thursday morning about the renewed national security policy debate. “I think we do need to update our laws,” the prime minister said. |
Abbott said the framework needed updating to ensure people could be detained, charged and successfully prosecuted “if there are reasonable grounds for believing that you have been participating in jihadist terrorist activity overseas”. | Abbott said the framework needed updating to ensure people could be detained, charged and successfully prosecuted “if there are reasonable grounds for believing that you have been participating in jihadist terrorist activity overseas”. |
“The last thing we want is people who wish us harm at large in the Australian community,” Abbott told 3AW. | “The last thing we want is people who wish us harm at large in the Australian community,” Abbott told 3AW. |
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