
Attorney-General
Hon Daryl Williams AM QC MP
TRANSCRIPT
Doorstop
Electorate office, Booragoon, Perth
1.45pm (WST), 18 April 2002
Subject: McBain/Habib/DameRachel Cleland…………………………………………e&oe
JOURNALIST
Mr Williams, is the Government going to introduce new legislation to overcome the decision?
WILLIAMS
First of all, the decision of the High Court in the McBain case which came down today did not decide the question of inconsistency between the Victorian infertility treatment legislation and the Commonwealth Sex Discrimination Act.
The decision was taken on the basis of questions of procedure and jurisdiction and the Government position has been that the Sex Discrimination Act was never intended to prevent States legislating to restrict access to assisted reproductive technology services to women who are either married or in a defacto relationship.
The Government policy has always been that children should have a reasonable expectation of securing the affection of both a mother and a father.
JOURNALIST
So, its safe to say you are not happy with today’s decision?
WILLIAMS
The decision is still being analysed but I am advised the effect is that it did not decide the crucial question of the inconsistency. On that basis, previously the Government had introduced the Sex Discrimination Amendment Bill No 1 2000 to make plain that the Sex Discrimination Act did not have the effect that Justice Sundberg in the Federal Court had found. The Government will now give consideration to the detail of the case and will give further consideration to whether its appropriate to reintroduce the legislation that was introduced in the previous Parliament.
JOURNALIST
If you do decide upon that, what sort of timeframe can we look at?
WILLIAMS
At this stage the legislative program is very full, I can’t put a timeframe on it.
JOURNALIST
The ALP has criticised the Government for giving the Bishops the right to be able to take the case to the High Court in the first place, how do you respond to that?
WILLIAMS
Well, that was a decision taken at the time. It gave the Bishops the opportunity to put an argument to the High Court that was not being put by anybody in the previous proceedings. Now may I just mention something else, I have been advised that Dame Rachel Cleland died today and I’d like to extend sympathy to her family. She will be remembered for her strong record of community work and in particular for her active work in the Liberal party.
Another matter I’d like to mention. The US authorities have advised the Australian Government that an Australian has been taken into US military custody in Afghanistan. This occurred on the 16th of April. The person is a 46 year-old Sydney man named Mamdouh Habib. He emigrated to Australia in the early 80s from Egypt. He is believed to be also an Egyptian citizen. The records of his movements show that he left Australia last in August 2001. I understand he was taken into custody in Pakistan in early October but then, probably on the basis of being an Egyptian citizen, was then shipped to Egypt. Australian officials did not have access to him while he was in Egypt. He was recently moved from Egypt to Afghanistan where he was taken into US military custody.
JOURNALIST
Is he believed to be a member of Al Qaida?
WILLIAMS
It is alleged that he trained with Al Qaida. Now, there is a lot that we don’t know about his circumstances.
JOURNALIST
Has he been taken to Guantanamo Bay?
WILLIAMS
Well, let me finish. The Department of Foreign Affairs and Trade have been advised that he is in good health, the US authorities have advised that he is in good health, and the Department of Foreign Affairs and Trade have advised his wife of the circumstances. Now the question for Australian authorities is what will happen. He is the subject of an ongoing AFP investigation as to his activities in Pakistan and Afghanistan.
JOURNALIST
Are you able to release any details of these investigations?
WILLIAMS
No, I can’t say any more than that. The Australian authorities will be seeking from the United States authorities access to Habib for intelligence purposes, for law enforcement purposes and to ensure that he is kept in safe and human conditions.
JOURNALIST
And the issue of whether or not these Taliban fighters from Australia can be charged, is still ongoing, is the Government any further to finalising some legislation on that issue?
WILLIAMS
It’s a very difficult issue and the investigations in relation to the Australians involved is still ongoing. I can’t make any comment further at this point.
JOURNALIST
Am I right in saying it’s the third Australian who has been taken into custody by the United States in relation to Afghanistan?
WILLIAMS
I don’t think so. I think this is the second.
JOURNALIST
OK, so David Hicks is the only one prior to this. If I can go back to the decision in the High Court. Costs have been awarded to the Bishops, what is going to the final cost of the entire…
WILLIAMS
I haven’t seen the judgements. I am told there are six separate judgements, they are a hundred pages long, there are issues on which the court didn’t agree, I can’t comment on each one at this point.
ENDS