Image courtesy The Guardian
No doubt, gentle reader, you're acquainted with the recent media about the High Court decision releasing detainees from indefinite detention.
In summary, that decision ordered the release of stateless detainees as it ruled that politicians don't have the constitutional power to punish. The High Court found that punishment is the role of the courts, not parliament.
That principle is nothing new, but as a consequence of political decisions (supported by both major parties) hundreds of these people were in indefinite detention. Whether or not indefinite detention can be supported morally or legally is not the issue. The High Court found that it was illegal, and for what it's worth, I regard it as morally indefensible. In any event, they had to be released, and they were.
The people caught up in this were stateless, and the reason they remained in detention was that no country would accept them. Some of them had committed serious crimes, and all of those had served sentences as a consequence. Some had committed no crime, but they were deemed to be of poor character. Those who had been convicted of serious offences had served their time. If they had been Australian citizens, and not stateless, they would have been released into the community, just as thousands of other ex-prisioners are annually.
The opposition has lapsed into hysteria around this issue, in an attempt to make political capital, as fear of refugees has always been a politically powerful meme, and has worked well in the past.
They seem to have forgotten that the legislation that the High Court deemed unconstitutional was strongly supported historically by the Coalition, and that it had been introduced for political reasons which were, as it turns out, found to be in breach of the Australian constitution.
Nevertheless, Dutton and fellow shadow ministers have been doing the rounds whipping up hysteria. The irony, of course, is that it was legislation introduced by the Keating government, and amended in 2001 by Howard's cabinet at the height of the Tampa incident. A further irony relates to the fact that Dutton has always been prominent at exploiting law and order issues for political capital.
It will be interesting to see if the Coalition cooperate with Labor in instituting new legislation that puts these non-citizens back in detention.
Whether they do or not makes no difference to the fact that indefinite detention, as a concept in a civilised society, is morally bankrupt.
