Gavin Marshall (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the following reports of the committee: Review of the listing of Al-Shabaab as a terrorist organisation and Annual report of committee activities 2009-09. I seek leave to move a motion in relation to the reports and to incorporate the tabling statements into Hansard.

Leave granted.

I move:

That the Senate take note of the reports.

The statements read as follows—

Mr President, on behalf of the Parliamentary Joint Committee on Intelligence and Security I have pleasure in presenting the Committee’s report entitled Review of the Listing of Al-Shabaab as a terrorist organisation.

The Committee heard evidence that Al-Shabaab engages in, and offers support for terrorist acts.

There has been a number of media reports in relation to this listing and recent criminal charges relating to preparation for a terrorist attack on the Australian Army base at Holsworthy in New South Wales and aiding and abetting the commission of an offence against section 6(1) of the Crimes (Foreign Incursions and Recruitment) Act 1978 by another person to undertake armed hostilities in Somalia.

The Committee raised concerns with the Attorney-General’s Department that this listing might be seen to interfere with or be prejudicial to the court proceedings in relation to the above charges.

The Attorney-General’s Department pointed out that none of the charges related to membership of a terrorist organisation and that this listing would not affect the proceedings or make it easier for the Commonwealth to prove its case against the accused.

Mr President, I will now turn my comments to Al-Shabaab and will take this opportunity to provide some information on the group’s current engagement in terrorist activity.

Al-Shabaab, or ‘the youth’, is the name applied to the Somali militant group which was formerly the most prominent of the militia groups comprising the militant wing of the Council of Islamic Courts (CIC). Al-Shabaab encompasses a range of elements, ranging from those focused solely on the domestic insurgency in Somalia to elements that support al-Qa’ida’s global ideology of violent extremism. Elements of al-Shabaab are linked to al-Qa’ida through leadership contacts and training, both recent and historical, and by al-Qa’ida senior leadership endorsement of its activities.

Al-Shabaab has prepared, planned and carried out frequent attacks as part of its violent insurgency since the beginning of 2007. Its tactics have included mortar attacks, and use of rocket-propelled grenades and firearms. During 2007, elements of al-Shabaab appear to have drawn inspiration from violent extremists in Afghanistan and Iraq, and adopted their tactics of Vehicle Borne Improvised Explosive Devices (VBIEDs), roadside bombs and suicide attacks. Suicide-vehicle bombings in Hargeysa and Boosaaso, northern Somalia, in October 2008 have been widely attributed to al-Shabaab.

In view of the information presented to it the Committee will not recommend to Parliament that the regulation be disallowed.

Mr President I would like to take this opportunity to thank my fellow Committee members for their work in reviewing this and other terrorist organisations. Lastly I would like to thank the Secretariat.

Mr President, I commend the report to the Senate.

Senator Gavin Marshall

Parliamentary Joint Committee on Intelligence and Security

28 October 2009

Mr President, on behalf of the Parliamentary Joint Committee on Intelligence and Security I have pleasure in presenting the Committee’s report entitled Annual Report of Committee Activities 2008-2009.

Mr President, the Committee completed another full and productive year scrutinising the administration and expenditure of the intelligence agencies and completing reviews of the proscription of ‘terrorist organisations’ under Subsection 102.1A(2) of the Criminal Code. Since the last annual report on the Committee’s activities, tabled in October 2008, the Committee has tabled four reports. In addition to the tabled reports, the Committee is currently conducting the seventh review of administration and expenditure.

Four reports on the listing of organisations as terrorist organisations were tabled in the period under review. The four reports dealt with thirteen organisations, all re-listings, although some organisations were listed under different names.

The reports were:

• Review of the re-listing of Al-Qa'ida, Jemaah Islamiyah and Al-Qa'ida in the Lands of the Islamic Maghreb as terrorist organisations under the Criminal Code Act 1995
• Review of the re-listing of Abu Sayyaf Group (ASG), Jamiat ul-Ansar (JuA) and Al-Qa'ida in Iraq (AQI) as terrorist organisations under the Criminal Code Act 1995.
• Review of the re-listing of Ansar al-Islam, AAA, IAA, IMU, JeM and LeJ as terrorist organisations under the Criminal Code Act 1995
• Review of the re-listing of Hizballah’s ESO as a terrorist organisation under the Criminal Code Act 1995

Mr President, I previously mentioned the Committee’s work in reviewing the administration and expenditure of intelligence agencies. In relation to the Committee’s review of administration and expenditure No. 6 draft copies of the report had been sent to all agencies by 10 March 2009 and by 22 June 2009 some Ministers had not replied with a final vetting letter. Some letters were only received by the Committee in the sitting week 15-18 June.

The Committee accepts that, due to negotiations between it and agencies, there may be some time before a final vetting letter can be arrived at. However the time frames that have been involved are, the Committee believes, unacceptable and point to an administrative failure by Departments in relation to the vetting of its reports.

It is clearly desirable that these Administration and Expenditure reports are tabled in a timely manner. The Committee believes that, in most cases, a response on vetting should be forthcoming within one month of its presentation to the relevant Ministers. Past experience indicates that any issues of concern tend to be straightforward and uncomplicated.

Reporting on these matters to the Parliament is important. The Committee therefore recommends that procedures be put in place to allow for the Committee’s Administration and Expenditure reports to be vetted within one month of their presentation to the relevant Minister.

The Committee’s sixth Review of the Administration and Expenditure of the Australian Intelligence Community was tabled on 7 September 2009 and, as such, was not commented on beyond the vetting issue I have mentioned in the current Annual Report.

Since 2002, the Committee has sent representatives to the biennial conference of oversight agencies. In 2002 the conference was held in London, in 2004, in Washington and, in 2006, in South Africa. In 2008, the conference was hosted by the intelligence agencies of New Zealand in Auckland between Sunday, 5 October 2008 and Wednesday, 8 October 2008.

In 2008, the following countries sent delegates:

• Australia:
• Belgium:
• Canada:
• New Zealand:
• Poland:
• Republic of South Africa:
• United Kingdom:
• United States of America:

This conference is invaluable in allowing members of intelligence oversight bodies from different countries to meet and exchange views. I note for the House that the 2010 conference will be held in March in Sydney and will be jointly hosted by the Inspector General of Intelligence and Security and the Parliamentary Joint Committee on Intelligence and Security Committee.

In conclusion, and on behalf of the Committee, I would like to thank all those who have contributed to the work of the Committee during the past year.

Mr President, I commend the report to the Senate.

Senator Gavin Marshall

Parliamentary Joint Committee on Intelligence and Security

26 October 2008

Question agreed to.