Tuesday, March 03, 2009



ACT and the BORA

A couple of weeks ago, just before helping to vote it to select committee, the Attorney-General officially warned the House that his government's proposed "three strikes" law - designed by ACT and its friends at the Sensible Sentencing Trust - was inconsistent with the Bill Of Rights Act [PDF]. ACT law and order spokesperson David Garrett's response? "Alter the Bill of Rights Act. We've got too hung up on people's rights."

And they call themselves a "liberal" party...

Garrett as usual doesn't give any concrete proposals on how he would do this, but here's what the relevant clause says:

Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.
By saying we need to amend this, Garrett is firstly admitting that "three strikes" is disproportionately severe, and secondly saying that punishments ought to be disproportionate. This is the thinking which saw people's hands cut off for poaching, or people killed for stealing a loaf of bread. We rejected that approach over 150 years ago, and we should leave it - and Garrett - in the middle ages where they belong.