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Why Mark Speakman is fighting Nats’ youth crime crackdown

NSW Liberal leader Mark Speakman last month shut down a Shadow Cabinet meeting and stormed out when a youth crime crackdown was proposed.

NSW Coalition split over youth crime

The rift within the NSW Coalition over youth crime has deepened, with Liberal Leader Mark Speakman likely to oppose National Party legislation which would deny bail to certain offenders and hold 10-14 year olds accountable for violent crimes.

The Nationals will introduce the legislation to parliament as a “private members bill” next week, after forking out thousands of dollars to have the bill written by parliamentary officials.

The bill is set to become a flashpoint in the Coalition civil-war over youth crime, with tensions already boiling over.

It comes after Mr Speakman shut down a shadow cabinet meeting and stormed out when Nationals Leader Dugald Saunders tried to propose legislation tackling the youth crime crisis sweeping regional NSW.

Under the Nationals’ legislation, bail would be automatically denied bail for teens arrested for serious offences while already on bail.

Tamworth is beset by a crime wave of young kids stealing cars and doing home invasions. Pictured is Tamworth Mayor Russell Webb. Picture: David Swift
Tamworth is beset by a crime wave of young kids stealing cars and doing home invasions. Pictured is Tamworth Mayor Russell Webb. Picture: David Swift

The legislation would also overhaul the “doli incapax” principle, which assumes children between 10 and 14 years are “incapable of evil”.

If the bill comes to a vote in parliament, Mr Speakman’s Liberals will need to decide whether to support legislation they had no part in writing or to block reforms introduced by their Coalition partner.

In response to questions on Monday, Mr Speakman would not say whether Liberals would vote for the Nationals’ bill.

Liberal Leader Mark Speakman blocked a Nationals youth crime crackdown saying it had not followed the proper Shadow Cabinet process. Picture: NewsWire / Max Mason-Hubers
Liberal Leader Mark Speakman blocked a Nationals youth crime crackdown saying it had not followed the proper Shadow Cabinet process. Picture: NewsWire / Max Mason-Hubers
Nationals Leader Dugald Saunders tried to put forward a bill in Shadow Cabinet’s “general business” last month. Picture: NCA NewsWire / Nikki Short
Nationals Leader Dugald Saunders tried to put forward a bill in Shadow Cabinet’s “general business” last month. Picture: NCA NewsWire / Nikki Short

He said he had asked Legal Affairs spokesman Alister Henskens, with Youth Justice spokeswoman Aileen McDonald, “to bring policy proposals in this area in a methodical and timely manner to Shadow Cabinet for its consideration”.

“As part of this Mr Henskens will also examine the subject matter of the proposed bill, which was notified without any consultation,” Mr Speakman said.

The Liberal Leader’s preference is to present a bill, led by Mr Henskens, that both Coalition parties can support.

The Nationals’ bill will be introduced to parliament by Northern Tablelands MP Brendan Moylan next week, but there is as yet no date for when it will go to a vote.

Operation Regional Mongoose, which focuses on serious property-related crime predominantly committed by young offenders, in Moree in 2024.
Operation Regional Mongoose, which focuses on serious property-related crime predominantly committed by young offenders, in Moree in 2024.

It comes amid increasing pressure to prevent alleged repeat young offenders being released on bail.

Police Association President Kevin Morton on Monday called for NSW parliament to “reject the growing activism of some judicial officers,” declaring the police union was “dumbfounded” by recent Supreme Court bail decisions.

Those decisions include Justice Julia Lonergan granting bail to an alleged repeat youth offender for the fourth time in less than a year.

Nationals MP Brendan Moylan will introduce a bill to parliament to crack down on bail for repeated alleged offenders and overhaul the “doli incapax” principle.
Nationals MP Brendan Moylan will introduce a bill to parliament to crack down on bail for repeated alleged offenders and overhaul the “doli incapax” principle.

Attorney-General Michael Daley dismissed those calls, saying that “the independence of the judiciary is a fundamental principle of the Australian justice system”.

He said “early data” from recent changes to the bail act designed to keep more alleged repeat offenders behind bars while awaiting trial are “working to help keep our communities safer”.

“The Government is always looking at ways to improve community safety,” he said.

Mr Speakman said judges have a “duty … to apply the law as it stands, not as they would like it to be – especially where it exists to protect the public and keep communities safe.”

Originally published as Why Mark Speakman is fighting Nats’ youth crime crackdown

Original URL: https://www.ntnews.com.au/news/nsw/why-mark-speakman-is-set-to-oppose-nationals-youth-crime-crackdown/news-story/17a408e75a7ccdb1cfe8ce5cd2797807