ADDITIONAL COMMENTS TO OPPOSITION SENATORS' DISSENTING REPORT BY SENATOR JULIAN MCGAURAN

1.1        The Human Rights (Parliamentary Scrutiny) Bill 2010 introduced into the House of Representatives on 2 June 2010 requires all Australian Bills to be accompanied by a statement of compatibility with international human rights obligations administered by the UN.

1.2        It is important to note the statement of compatibility will be written into a Bill's explanatory memorandum, a document often relied upon by the Australian Courts to make judgements.

1.3        The proposed aim of the policy may result in a diminishing of Australian sovereignty to make laws as UN treaties take up equivalency to Australian law.

1.4        The Bill will fundamentally change the way in which laws are written and passed in Australia. Every law will be scrutinised against the declarations of the UN and every Minister will be obliged to write the law according to UN charters or treaties.

1.5        UN treaties will effectively be merged into Australian law possibly opening up a direct appeal process for every piece of law to UN bodies such as the Human Rights Council.

1.6        What seems to be an innocuous and non-controversial Bill may well transform our whole legislative system.

1.7        Unable to introduce an Australian Bill of Rights due to the overwhelming public rejection of the proposal, the Labor Government is now trying another avenue to thrust its ideological obsession onto mainstream opinion.

1.8        Australia is a signatory to numerous UN Human Rights treaties. These treaties can be an important underlying reference point for drafting laws in our country.  However these treaties should not carry legal weight in our domestic laws and nor should the UN be handed like authority to our Parliament.

1.9        Australia's system of democracy already has sufficient safeguards, checks and balances in place to protect human rights. We have one of the best records in the world.

1.10      The Constitution and judicial system, the Parliament through committees including the Senate Scrutiny of Bills Committee and the Regulations and Ordinances Committee, the Australian Human Rights Commissioner and Equal Opportunity Boards across the country have all worked to give Australia a magnificent record on human rights.

1.11      This Bill will add nothing to our ability to uphold those standards and ought to be rejected.

Senator Julian McGauran     

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