Countering Terrorist Fighters Bill blind race to finish line

On Thursday evening in London, I tuned in to the livestream of the Select Committee hearing public submissions on the Countering Terrorist Fighters Legislation Bill. I found myself caught there, unable to turn it off, listening to the real hearts and minds of New Zealanders, and it could not have been more out of sync with the spin. I watched as a stream of individuals presented to the Committee. Despite the fact that the public had been given only 24 hours to read the Bill and prepare a submission, over 600 people had done so, many asking to appear in person. Some of those submitting, explained that they had been driven to do so for the first time in their lives. Although their voices sometimes waivered with emotion, their submissions were clear.

One man, pausing as he rose to leave, mentioned that he had been up until five in the morning writing his submission. Then he left, quietly, back into the streets of Wellington, and the Committee returned to its business of hearing the long list of submissions, a seemingly endless flow of people, repeating over and over, in their own words: why is such potentially dangerous legislation being pushed through with such haste?

I wanted to reach through the computer and thank him. A person does not spend an entire night preparing a submission unless their worry runs deep. I wanted to ask the Committee, “Why is this happening in this way? Why must this man stay up until 5am to write his submission?”, and “do you hear him?” This is a person who cares enough about the society he lives in to engage and say something when it looks like the civil liberties of his fellow citizens are in danger. For all the arguments that are going to be made, none can address this first one: that it is wrong to pass this Bill in this way.

A public submission time of 24 hours is no time at all. The Law Society submitted to the Committee, “We’re not convinced that the case for urgency has been made out” and “The terrorism threat level has been raised, but it’s hard to see any justification for fast tracking legislation which has such a potential to profoundly impact on human rights. Public input and debate is essential when legislation of this type is being considered.” On Radio New Zealand, former GCSB director, Sir Bruce Ferguson also warned of the threats posed by the new laws: “We’ve got to be very, very careful that we are not using the excuse of terrorism to actually erode the very freedoms we defend.”

In order to meaningfully take on board the resounding message (to slow down), the Government should resist passing the legislation until a robust public consultation has been carried out.

References:
NZ Law Society submission https://www.lawsociety.org.nz/news-and-communications/news/november-2014/law-society-urges-reduction-of-terrorist-fighter-bill-powers
Radio NZ interview with http://www.radionz.co.nz/audio/player/20159007

Lana Doyle is a lawyer from Wellington, currently based in London. She was admitted to the NZ Bar in 2007 and has practised, both in private practice and public service, in NZ and UK since that time.

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