Doug Cameron (NSW, Australian Labor Party) Share this | Hansard source

I come to this debate with some experience of the relationship between the trade union movement and the Australian Labor Party. I am finding it very difficult, after listening to Senator Brandis's contribution, to see exactly how his contribution went to the issue that is before the chair. Be that as it may, there have been some great lawyers and some outstanding parliamentarians in the Senate, and I have to say, after that performance, Senator Brandis, that you have a long way to go to be deemed a great lawyer. One of the great lawyers in this Senate was former Senator the Hon. Lionel Murphy, who went on to become a High Court judge, and he knew a bit about the law. Senator Murphy, back in 1972, had something to say about the role of the Attorney-General—and we have the shadow Attorney-General here, smearing and trying to set up a kangaroo court in the Senate against the current Prime Minister. This is what Senator Murphy said at that time, when he was talking about the conduct of Senator Greenwood. Senator Greenwood was trying to put legislation through this parliament that people should be tried on the basis of their known character. Luckily enough, the Senate had the knowledge and the wisdom not to put through that from the coalition. The then shadow Attorney-General, Senator Lionel Murphy, said:

The Attorney-General must rigidly exclude party politics. The Attorney-General—

And we have Senator Brandis, who wants to be the Attorney-General—

must act in the interests of all citizens…. One of his functions—

it was a bit sexist in those days—

is to determine whether proceedings should be instituted to protect a person facing a charge from prejudicial statements. It is part of the rule of law that persons should not be made the subject of prejudicial statements before their case is tried …

And we have seen plenty of prejudicial statements here from the would-be Attorney-General, Senator Brandis.

To suggest guilt is prejudicial …

You know that.

The publication of any matter indicating bad character on his part or otherwise disparaging an accused may be prejudicial …

It is not necessary to impute guilt. To disparage is enough.

And we have had nothing but disparagement from the coalition against the Prime Minister, who is not charged with any issue. It is about impugning her character and it is about going back to where they were in the late 1960s and early 1970s, where your known character, or what they believe is your character, should affect how the law is implemented.

We should never have Senator Brandis as an Attorney-General in this country if he is so devoid of understanding of the basic principles of the law. I am not a lawyer, but I can understand what Senator the Hon. Lionel Murphy was saying when he outlined these issues. It is not necessary to impute guilt. To disparage is enough. I ask the shadow Attorney-General to think about that. Think about what you are doing, as the would-be Attorney-General of this country, standing there disparaging the Prime Minister, without any evidence, without any basis of fact—