Securing our safety

Laws were also needed to protect basic human rights. Terrorism infringes our rights to life and personal security and our ability to live free of fear. But we did not need legislation that undermined the democratic freedoms we are seeking to protect from terrorism. As prime minister Robert Menzies said on September 7, 1939, six days after Nazi Germany invaded Poland: “The greatest tragedy that could overcome a country would be for it to fight a successful war in defence of liberty and to lose its own liberty in the process.”

Unfortunately, Federal Parliament over reacted and passed too many bad laws. This was provoked by political opportunism and poor judgment on the part of the Howard government. Fear, grief and the scent of political victory are the worst motivators in driving law-making.

It is not surprising our leaders turned to new laws as a first reaction to the attacks in New York and London. Legislation was within their control and was a symbolic and potentially practical response. Moreover, elected representatives wanted to be seen to act.

The volume of new legislation is at odds with what the law can achieve. No matter how strong the law, the threat of terrorism will remain. Terrorism has and always will be used to target innocent civilians to sow fear in support of a political objective. Legislation is unlikely to tackle the causes of terrorism, nor deter a terrorist from a course of action. The law cannot guarantee our security. It can make the problem worse.

History shows that the more draconian the law, the more likely that social cohesion will fray, communities will become radicalised and individuals will turn to extreme action. The law can become part of the problem.

Australia's legal response after September 11 has been reactive. This cycle of an attack followed by a new law is dangerous. We run the risk of a series of over-reactions. This is the dynamic that terrorists rely upon. What they cannot achieve by military might, they seek to achieve by stimulating our fears. We may isolate and ostracise members of our community, who instead of assisting with intelligence gathering become targets for terrorist recruitment. Through our over-reactions and short-term thinking, we may actually make ourselves more vulnerable.

Australia has proven especially susceptible to bad anti-terror laws. As the only democratic nation without a national bill or charter of rights, we instead rely upon the good sense of our leaders. This is an ineffective check and is not a safeguard regarded as satisfactory in any other like nation.

Australia risks repeating the mistakes of past years if we do not change course. The Rudd Government provides an opportunity for change. It should act now to fix the many problems with Australia's anti-terror laws. It should also resist meeting fresh attacks with new laws that further erode fundamental freedoms and increase fear and anger in parts of the community.