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Considering my indebtedness to the two Aborigines who met [my family's ship arriving in Hervey Bay from Ireland] 151 years ago, I owe it to all my fellow Australians to agitate these issues of law, morality and politics here in Ireland so that back in Australia, the homeland which, in my religious tradition, was known as the Great South Land of the Holy Spirit.
'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.
On Monday we learned that two boats of Tamil asylum seekers had been intercepted off Christmas Island. Now there are unconfirmed reports that Australia is handing them over to the Sri Lankan navy without assessing their claims for protection. Amnesty warns Tamils face the risk of sexual violence, torture, murder, imprisonment, and enforced disappearance. Since March this year there have been scores of arrests and several deaths.
Australians are understandably shocked at the sentencing of Peter Greste in Egypt. They may wonder what the Government can do for those caught up in the vagaries of a foreign legal system. The answer is, not much. The international order is still largely based on national sovereignty. We do not need to look to Egypt to see how this can allow a multitude of injustices to go unpunished — we need only ask our neighbours, the Indonesians.
'We should abandon talk of taking Australia off the table. We should also abandon talk of taking the sugar off the table. The collateral damage of that is too great. The best we can do ethically and practically is to put the sugar out of reach while leaving it on the table for those who make it here with a visa or in direct flight from persecution.' Frank Brennan contributes to a Palm Sunday panel at St Michael's Uniting Church, Melbourne.
This week China criticised Australia's treatment of asylum seekers. The criticism, raised at a bilateral human rights dialogue, is good politics: China is using Australia's cruel and inhumane asylum policy as diplomatic leverage. Nevertheless, it is astounding hypocrisy from a country that returns refugees to danger, including to North Korea, a state infamous for its widespread violations of human rights.
In the clamour of Australia's treatment of asylum seekers, an almost unnoticed government direction struck a revelatory chord. It affects people who came to Australia by boat and have been found to be refugees and have protection visas, stating that any applications they have made to bring family members to Australia must remain at the bottom of the pile. The brevity of the direction belies its enormous effects on the people affected by it.
'The market for disability services will need to be underpinned with a strong and robust internal risk management framework. There will be an increasing number of for-profit operators in the sector. Hopefully the not-for-profit operators will make the necessary adaptations competing in the market and providing the ethos for the market to deliver services in a dignified, fair and transparent manner.' Frank Brennan's Leading the Way Seminar for the National Disability Service
Last week asylum seekers had a small win only to have it snatched away, and then were confronted by a more serious attack. Those working with asylum seekers have learned to expect abuse and derision from governments directed against asylum seekers and those helping them. Labor is only moderately better than the Coalition, but at least they occasionally made positive decisions. However these recent events have reached a new nadir.
Full text from Frank Brennan's lecture 'Law teachers as gatekeepers of law, public morality and human rights: Equipping our students for moral argument in a pluralistic legal environment' at the Australian Law Teachers Association Annual Conference 2013.
'Like many Australians, I had hoped that the dastardly plan announced on 19 July would stop the boats in the short term, as a stop-gap measure. It is dismaying to learn that appropriate consultations had not occurred with Indonesia with the result that the very people who were to receive the shock and awe message are yet to receive it. There’s only one thing worse than shock and awe; that’s shock and awe that doesn’t work because you haven’t done your homework.' 43rd Barry Marshall Memorial Lecture, Trinity College Theological School, 14 August 2013.
One of the informing moments of my career as a lawyer came from the survivors of a family who disclosed that an authoritarian father had beaten and raped every one of his children — under the very eye of their mother. The Royal Commission isn't about punishing predators. It must find a way to institutionalise the right of every child to be heard. Tuesday 13 November
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