Scott Morrison dismisses legal concerns over anti-terror laws that could breach global agreements

Scott Morrison has defended his proposed anti-terror laws, which would allow convicted Australia-born terrorists to be stripped of their citizenship, despite legal concerns.

Scott Morrison has dismissed legal concerns his proposed laws to strip convicted terrorists of Australian citizenship could breach international agreements not to leave individuals stateless.

Under the new laws announced yesterday, the Home Affairs Minister would be able to strip convicted terrorists of Australian citizenship if they weren’t born overseas but there was a “reasonable belief” they could obtain the citizenship of another country through their parents or grandparents.

Asked outright if the proposed laws were legal this morning, Mr Morrison said: “Yes, of course.”

“If we have the reasonable belief someone is a citizen of another country as well as Australia, that could be because they were born overseas or inherited it by descent … if you are convicted of a terrorist offence you lose your citizenship,” he told the Nine Network’s Today Show.

“Those who oppose laws always say this [that there are legal concerns].

“I dealt with that when I was Immigration Minister and they said I couldn’t turn back boats and they said that wasn’t legal. They make all these claims, but what I do is press on and just get it done.”

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Prime Minister Scott Morrison is considering changes to allow Australian-born extremists to be stripped of their citizenship. Picture: Cameron Spencer/Getty Images

In addition to the new measures, the government also wants to change existing laws so an individual can be deported if they are convicted of any terror offence, rather than one with a six year jail sentence.

The new laws will also introduce new temporary exclusion orders, similar to a scheme used in Britain, which will block Australians who travel overseas to fight for terrorist groups from returning home.

Those who are stripped of their Australian citizenship but can’t be deported will remain locked up in immigration detention.

Mr Morrison also rejected claims he was capitalising on Australians’ fears with the new hard line laws in the wake of the Bourke Street terror attack in Melbourne, where beloved cafe owner Sisto Malaspina was killed by Islamic State-inspired terrorist Hassan Khalif Shire Ali on November 9.

“I’m keeping Australians safe. Those who often say that don’t want me to address these issues. They want to provide excuses for others not to address those issues. I’m not going to give them those excuses, I’m going to keep Australians safer,” Mr Morrison said.

The Law Council of Australia has flagged concerns about the proposed laws.

People pay their respects at the scene on Bourke Street after a terror attack earlier this month. Picture: Andrew Henshaw

“Measures to remove citizenship challenge key legal principles on which our democracy was founded, and therefore demand very careful consideration,” council president Morry Bailes said.

The council said the temporary exclusion orders may have the effect of rendering an Australian stateless for the duration of the order, which could contradict Australia’s international obligations.

But responding to concerns, Mr Dutton said that won’t be an issue. “We’re very cognisant of the fact that we want protections in the legislation, which is why we don’t want people — and won’t allow people — to be rendered stateless,” he told ABC Radio on Thursday evening.

The minister said government agencies have also raised no concerns with him that the laws could pose national security risks.

“In fact they’ve encouraged us very strongly to do whatever we can to provide support.” The laws, set to be debated in parliament before Christmas, come as Prime Minister Scott Morrison and Mr Dutton continue to push for other legislation that would give police access to encrypted messages.

Opposition Leader Bill Shorten paying his respects after a man was killed by a terrorist in Melbourne. Picture: Alex Coppel.

A heavy police presence has been at Bourke Street following the attack. Picture: Yuri Kouzmin

The powers would help stop future terrorist attacks, the pair say, but draft laws are currently being examined by a parliamentary committee.

Opposition leader Bill Shorten said today Labor would wait for the laws to be examined by a parliamentary committee before backing them but he vowed to work cooperatively with the government.

“When you’re dealing with terrorists and you’re dealing with national security and you’re dealing with the rights of all Australians, rushing laws don’t automatically make for good laws or effective laws,” he said.

“The worst thing that could happen is that the government could propose a rushed law, someone’s able to overturn it or undermine it and the terrorists get off.”

Prominent barrister Bret Walker SC warned Australia had agreed internationally not to render people stateless and could not breach those laws even to deport “ghastly” terrorists.

“It’s a state of affairs that we must not inflict on anybody,” he told ABC radio this morning.

“We catch and punish our offenders. We no longer practice the founding notion of Australia — that is ‘you export your convicts’.

Mr Walker also it was a dangerous transferral of power from the courts to government to give the Minister the power to cancel citizenship if he was “reasonably satisfied” the individual could obtain another citizenship.

He added: “We’ve got to be careful we’re not creating another class of people who will be in indefinite migration deportation detention. That is a real prospect to which we’re headed.”