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Attorney-General Robert Mcclelland Transcript
25 November 2008interview with virginia trioli, abc2 breakfast, 815am.
TOPICS: same-sex legislation; clarke inquiry.
VIRGINIA TRIOLI:
Well, as we've been discussing this morning, the Senate has passed changes to around 100 Commonwealth laws to remove discrimination against same sex couples.
The Bill is due before the House of Representatives before it's sent to the Governor-General for final approval.
For more, we're joined now by the federal Attorney-General, Robert McClelland. Attorney-General, good morning.
ROBERT MCCLELLAND:
Good morning.
VIRGINIA TRIOLI:
It's interesting that this Bill received some praise from, perhaps, not unusual quarters, but some bipartisan support here. Senator George Brandis said it was important and that he wondered why his own government hadn't done it earlier.
ROBERT MCCLELLAND:
Oh well, that's good to hear. And I think the most successful aspect of the passage of the legislation is just how non-controversial it's been. It's simply a non-issue in the community, in the electorate generally. I think the Australian community thinks it's something that should have been done and should have been done a long time ago and I appreciate Senator Brandis for acknowledging that.
VIRGINIA TRIOLI:
So how far away then is a proper national discussion about making legal same sex marriage?
ROBERT MCCLELLAND:
It won't be part of this government's agenda. The Labor Party policy is firm, that marriage is between a man and a woman. So, our reforms have been introduced, but we haven't amended the definition of marriage in the Marriage Act.
VIRGINIA TRIOLI:
That seems to be though - for many gay couple around the country, that's the greatest discrimination that they feel. You don't feel, as Attorney-General, inclined to address that?
ROBERT MCCLELLAND:
The words used - many gay couples is entirely accurate. Certainly, not all gay couples - not all same sex couples. It's an issue of controversy within the gay and lesbian community itself.
But from the Government's point of view, we were elected on the basis of our platform. Our platform is clear. It's Kevin Rudd's view, it's my view, and we won't be amending the definition of marriage in the Marriage Act.
VIRGINIA TRIOLI:
All right. So with the anti-discrimination amendments, you don't expect or anticipate any hostility or arguments in the lower house.
ROBERT MCCLELLAND:
The - there ... no, it'll be passed in the lower house. There have been a couple of aberrations, but by and large, the debate from both sides of the Parliament has been constructive, recognising again, in this day and age, it's something that should have happened some time ago.
VIRGINIA TRIOLI:
Well, moving to other stories this morning, and I guess one of the most important issues that's been running for a number of months now is the report into the bungled terrorism case against Mohamed Haneef. Now, the Government has received that report. What can you tell us about it?
ROBERT MCCLELLAND:
Yes, I received the report last Friday. I must say, I think it's a very thorough and balanced report. We are in discussions with the British Government currently. We made a commitment to them that we wouldn't release the report if it potentially prejudiced the trials that are taking place over there.
've received representations from the British Government and, indeed, had a discussion with the British Attorney General last night about the matters there. They are concerned about it. The trial is in its final gasps, as it was described to me, and we certainly wouldn't like to do anything that could prejudice the conclusion of that trial. So that is the complication from the point of view of releasing the report.
But certainly the report, I think, was very balanced, very thorough and very constructive to assisting government having a look at how our agencies are functioning.
VIRGINIA TRIOLI:
I understand that the UK Government might have concerns about that, but on your reading of the report, do you believe it would prejudice the matters being considered over in the UK?
ROBERT MCCLELLAND:
I don't. I think it's been carefully crafted, but again, we saw recently in respect to the counterterrorism trials in Melbourne, some controversy that I'm aware of in respect to an application to discharge the jury. I didn't think that application was of substance. But nonetheless, we would not like to create a situation where even that application occurred in the United Kingdom.
VIRGINIA TRIOLI:
So you don't think it would prejudice that, but you - you're being sensitive to the UK's sensitivities?
ROBERT MCCLELLAND:
Yes. In fairness to Mr Clarke, I think he framed his report with those trials in mind, and we've sent a copy of the report to British authorities. But they want to, and understandably, take time in looking through it and to reaching their own conclusions. A tremendous amount of resources have been put into the trial. The jury has been sworn in for some time and they simply do not want anything to occur that could prejudice that.
So that is, effectively, the only impediment to public release of the document, of the report at this stage.
VIRGINIA TRIOLI:
How much faith do you still have in the Australian Federal Police and Mick Keelty, in particular, following the extended circumstances around this dreadful bungle in relation to Mohamed Haneef?
ROBERT MCCLELLAND:
Well, there's been a lot in the public media, of course, regarding the circumstances, so I can comment on that. Certainly, there's - the whole exercise, unquestionably, should have been managed more effectively. But the Government has said, it has, and continues to have, full faith in Federal Police Commissioner, Mick Keelty.
VIRGINIA TRIOLI:
But you certainly need, following the release of this report, I would imagine, you've got the advantage of having read it and we haven't, you'd need substantial changes to be made to the way that these agencies do this kind of work.
ROBERT MCCLELLAND:
Mr Clarke notes that a lot of work has been done since Mr Street, the former Chief Justice of New South Wales, reported in April this year. And a lot of work has been done between the agencies to coordinate their efforts. In particular, a protocol has been developed as to how they operate when they're investigating a matter and prosecution guidelines have also been developed.
So these things have been a work in progress over the last 12 months. There's been a lot of good work, but certainly, recommendations made by Mr Clarke will further enhance that aspect, working together and cooperating.
VIRGINIA TRIOLI:
Okay. And just quickly and finally then, can we anticipate the report might be released before the end of the year?
ROBERT MCCLELLAND:
Well again, I'm trying to get some more details. Indeed, the British are coming back to me with an estimate from their legal team as to just how likely the case is to run. But as has been described to me, it's in its last gasps. So, hopefully, we'll be able to resolve that sooner rather than later. But I'm just unable to give a precise time at this stage. It certainly will be a matter of weeks rather than days.
VIRGINIA TRIOLI:
Attorney-General, thanks so much.
ROBERT MCCLELLAND:
That's my pleasure.
ENDS
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