Constitution concerns delay new Australian terror laws

Australian state leaders today held up the introduction of tough new counter-terror laws in parliament, saying they had concerns the legislation threatened civil liberties and could breach the constitution.

The government needs the support of the eight states and territories – all governed by the opposition Labour Party – to enforce the new laws, which include jailing terror suspects without charge for up to two weeks and fitting them with electronic tracking devices.

Under the constitution, only state governments can allow suspects to be held longer than two days without charge.

State leaders in September gave unanimous support to a broad outline of the package, but rejected an initial draft of the legislation and were considering a second draft. Among their concerns were that judges would authorise detention orders, a move critics say overstepped the role of the judiciary.

Prime Minister John Howard told a meeting of politicians from his ruling centre-right coalition that he expected to show them the final draft of the legislation this week, once it was signed off by state leaders.

Queensland state Premier Peter Beattie said state leaders were concerned that giving judges a role in authorising detentions could be unconstitutional.

“We certainly need more time; we won’t be making the deadline today but we’ll do this as quickly as we possibly can,” Beattie said

“What we’re trying to do is get sensible agreement that protects Australians from terror but also enables accountability and will not get knocked off in the High Court,” he added.

Australian Capital Territory Chief Minister Jon Stanhope said state and territory leaders had raised several concerns about details of the legislation.

“To date, the prime minister has not responded to a single one that I’m aware of,” Stanhope staid. ”I don’t believe that the anti-terrorism bill in its current form should be supported by the Labour Party or any branch of the Labour Party as it stands. We’re still negotiating it.”

The proposed laws also came under fire from the government’s human rights watchdog, Human Rights and Equal Opportunity Commission President John von Doussa, who likened them to those in a police state.

Howard has said that he won’t agree to any changes that water down the substance of the agreement reached in September.

The laws were drafted in response to the London suicide bombings on July 7 that killed 52 people. Howard wants them passed before the southern city of Melbourne hosts the Commonwealth Games in March.