The Sydney Morning Herald
Mandatory sentences: Liberal MP warns PM

Date: 28/02/2000

By MARGO KINGSTON in Canberra

Liberal MP Dr Brendan Nelson has warned the Prime Minister that
Coalition MPs opposed to mandatory sentencing of young people
will not let the issue slide.

Dr Nelson, the Federal MP for Bradfield, said the issue required
national leadership and its resolution was fundamental to our national
identity.

"We need a kind of leadership which has the Prime Minister and the
Opposition Leader reminding all Australians that as aggrieved as we
are at property crimes, mandatory incarceration of people under 18 is
wrong," he said.

"People in their hearts know that this is wrong ...

"This is a sensitive issue for the Prime Minister politically, but it
goes to the heart of the sort of society we are and the kind of people
we
want to be. Like gun control and euthanasia, it will define our values
and our beliefs, and is not something that can be left to States and
Territories."

His case was bolstered yesterday by a letter to Mr Howard from 30 legal
academics at 11 universities, which said the laws breached
Australia's international human rights commitments, especially its
promise that detention of children would be used as "a last resort".

Dr Nelson warned that another youth suicide in jail was inevitable
unless the Government acted. "If there was to be another tragedy
related to mandatory sentencing, that would significantly change the
political complexion of the issue - it would be like Port Arthur, and
public opinion would rise up against it," he said.

MPs opposed to mandatory sentencing will maintain the pressure on Mr
Howard to act before the Senate committee report into the laws
is released on March 9.

Under the Territory's mandatory sentencing laws, children must be jailed
for a second property offence, whether it be for stealing a car
or a packet of biscuits.

Mr Howard, while admitting he opposes mandatory sentencing of children,
has refused to concede that the laws are in breach of human
rights which the Government must protect under its international
commitments. The Government has refused to reveal its legal advice on
the issue or even to admit that it has sought advice.

Dr Nelson said he was prepared to compromise by supporting a Federal
override only of the Territory's law, which was more draconian
than the law in Western Australia, and did not require the Government to
use its "external affairs" powers, necessary to override a State
law. Mr Howard could override the Territory law using the same
constitutional power he relied on in the euthanasia debate.

The Liberal senators on the sentencing committee, NSW Senators Helen
Coonan and Marise Payne, are leaning towards recommending
an override only of the Territory law.

The Territory's Chief Minister, Mr Denis Burke, has rejected reviewing
the law as requested by the Attorney-General, Mr Williams, on
behalf of Cabinet, and said he did not care if the United Nations human
rights commissioner found rights were being breached. "So
what?" he said. "I reckon people are gutless running off to the UN."

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or mirroring is prohibited.


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