Brennan to head human rights consultation

Professor of law Jesuit priest and lawyer Frank Brennan, committed long-term fence sitter".

The Federal Government will appoint a four-member panel, headed by Jesuit priest and lawyer Frank Brennan, to consult with the public on strengthening human rights laws in Australia - including through a charter of rights.

Speaking on the eve of the 60th anniversary of the Universal Declaration of Human Rights last night, Attorney-General Robert McClelland announced the Government's decision in his address to the Evatt Foundation at the University of Sydney.

Mr McClelland will officially announce this morning that Father Brennan will head the panel which he says will consider a wide range of human rights issues, including whether Australia should have a bill of rights.

"I expect there will be robust discussion on a broad range of possibilities," he said.

"Some will be in favour of change, some will be in favour of the status quo, some will suggest other enhancements.

"Whatever views are out there, I think it's paramount that the consultation hears from as many Australians as possible, with attitudes and views right across the country and right across the spectrum."

Father Brennan is a professor of law at the Australian Catholic University.

Father Brennan said in a speech earlier this year he was a "committed long-term fence sitter" on whether Australia should have a bill of rights and whether it should be included in the constitution.

The Government is seeking a seat on the UN Security Council and Mr McClelland says the Government is committed to improving human rights in Australia and further strengthening its relationship with the United Nations.

"We acknowledge that the United Nations is not perfect," he said.

"However, we see absolutely no value in sniping at international institutions from the spectator stands."

The Government is also planning to sign up to the United Nations Optional Protocol to the Convention Against Torture and Mr McClelland says it may also introduce anti-torture legislation.

"Given the nature of torture we are considering an offence of extra-territorial application, consistent with the treatment of genocide, crimes against humanity, and war crimes under domestic law," he said.

"Within Australia and internationally we are working to help eliminate the use of torture, wherever it occurs and whoever commits it."

Updated: 11:14am (AEDT)

McClelland names human rights consultation panel

Former television news presenter Mary Kostakidis, barrister Tammy Williams and former AFP commissioner Mick Palmer will join Jesuit priest Frank Brennan on a Government consultation panel on whether the country needs a charter of rights.

The panel, announced by Attorney-General Robert McClelland, will advise the Government on the [alleged] community's views on Australia's human rights policies and laws.

Mary Kostakidis used to present SBS television news and has worked with the Drug and Alcohol Council of Australia and is on the board of the Fred Hollows Foundation.

Tammy Williams is a Queensland barrister who is a director on the Board of Indigenous Enterprise Partnerships.

Mick Palmer served for seven years as Australian Federal Police Commissioner and also oversaw the inquiry into the case of Cornelia Rau, who was wrongly held in immigration in 2004.

Quote: Talk about a one sided selection of religious right wing fanatics from the ruling class, hey, what about peasants? Don't they rate?

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Bill of rights to rein in Parliament?

Australia was the only [alleged] democratic nation not to have a charter of rights.

Australia is [allegedly] a step closer to getting a bill of rights, which could [allegedly] enshrine rights to free speech and non-discrimination. The Federal Government is set to begin a consultation process into what the document should look like next week.

The charter would outline a set of rights and require the Parliament to ensure legislation complies with them. It is unlikely to be a US-style constitutional document - which allows courts to declare laws invalid - but will probably be based on those in Victoria, the ACT and Britain.

The cabinet agreed on the nationwide consultation process on Monday.

The Government will use the 60th anniversary of the Universal Declaration of Human Rights, next Wednesday, to call for options on a human rights charter.

Kevin Rudd threw his support behind the principles enshrined in the declaration yesterday in a speech to Parliament marking the anniversary. "As a middle power we believe in a creative use of diplomacy to build stronger human rights protection in every part of the world," the Prime Minister said.

The Australian National University's Professor Hilary Charlesworth said the bill of rights would probably include civil and political rights such as the right to free speech and protection from discrimination. What was less clear was whether economic, social and cultural rights would be included, such as the right to education, to a high standard of health care and the right to work.

"I think [the Government] will leave it open," she said.

The move is sure to attract its critics, with the Coalition having already declared its opposition to a bill of rights. The shadow attorney-general, George Brandis, has previously said a rights charter was unnecessary and unwise, and would concentrate too much power in the judiciary.

George Williams, a constitutional expert who helped to draft the Victorian charter, said Australia was the only democratic nation not to have a charter of rights. He said the Government should consult as widely as possible and avoid including potentially contentious rights, such as a right to abortion. "A charter is not about foisting new agendas on to people," said Professor Williams, of the University of NSW.

"I would not put divisive things there. I would stick to things like freedom of speech - that we know we believe in and that have overwhelming public support … The process should be very open. It should not just involve legal and human rights groups. Any Australian who wants to should have a say."

Professor Williams said charters in Britain and Australia had led to almost no increases in litigation but could prevent the passing of laws that impinged on rights, such as the federal sedition laws.

Quote: 1. The very idea that we live in a democracy in Australia is highly controversial. 2. There have been many complaints about the Victorian bill of rights not preventing judges from denying claims lodged in the courts.

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