FEATURE ARTICLE -
Issue 35: June 2009, Speeches and Legal Articles of Interest
Official Launch of “Guardian of Your Rights, Queensland Council for Civil Liberties: A History, 1966-2007”
“Though its provenance was humble and its opposition at times immense, the Council was a positive, powerful bastion of rights that many of us in that turbulent period recognised and immediately pledged ourselves to.” Governor-General, and former Governor of Queensland, Her Excellency Ms Quentin Bryce AC
Good evening ladies and gentlemen. My name is Peter Applegarth. I am a Justice of the Supreme Court of Queensland, and welcome you to the Banco Court. I acknowledge the presence of the Chief Justice of Queensland, the Honourable Paul de Jersey, other justices of this Court and other members of the judiciary. This evening the Honourable Kerry Shine MP, Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland will launch “Guardian of Your rights: A History of the Queensland Council for Civil Liberties”. I acknowledge the presence in the audience of many distinguished guests including past presidents of the Queensland Council for Civil Liberties which recently celebrated its 40th anniversary. Their work and the work of others provided the raw material for the book. However, this book required an author, an editor and a publisher.
The author of the work, Mr Eddie Clarke is a former teacher who undertook thousands of hours of research on archival material and interviews. His industry over the years has been amazing, especially during periods of poor health.
The product of his labours was edited by Ms Eleanor O’Gorman, a young lawyer who works during the day as a litigator at the big end ot town, I recall a meeting when I was a member of the Council about who might edit the draft of Eddie’s work. Our dear friend and colleague, Mr Aladin Rahemtula suggested Ms O’Gorman. His advice was inspired. Perhaps one day they will make a film called “When Eddie met Ellie”. They proved to be a creative combination.
The third essential element was a committed and professional publisher. The Supreme Court of Queensland Library describes itself as being both a bridge to the past and a gateway to the future. This work is one in a series published by it which documents Queensland’s legal heritage and issues that are central to the rule of law. The Library Committee, the library staff and especially the Supreme Court Librarian, Mr Rahemtula, deserve praise for their contribution in publishing this work. The Library has, throughout its own history developed a strong tradition of supporting the work of the Court and other legal institutions in our State. In recent years, the Library has initiated a number of legal heritage projects. They preserve and record our history. They also enhance awareness of justice issues. The Library’s independent work in promoting Queensland stories and engaging our community in its legal history and its legal future is to be commended.
Today, we celebrate the Library’s twelfth publication on an aspect of Queensland’s legal history, This work on the history of civil liberties in Queensland is testimony to the value of small publishing houses in telling Queensland stories. The Library is a leader in publishing such titles in this State: something that makes us both grateful and proud.
We congratulate Mr Rahemtula, and his staff who have worked tirelessly to bring this project and other projects to fruition.
Our first speaker this evening is Mr Michael Cope, who follows in a long line of hardworking presidents of the Council for Civil Liberties who have sacrificed their professional and personal lives to meet the demands that are placed upon holders of that voluntary office. I am no longer a member of the Council but a few years ago, when I was one of its vice-presidents I suggested to Michael that he should delegate some of the work of researching and writing submissions to some of the enthusiastic young students and recent graduates who were interested in helping. Michael said he actually liked spending his weekends writing submissions to Parliamentary Committees and Law Reform Commissions which, I think, qualifies him as a member of a very small minority group. I invite Michael Cope to say a few words.
Mr Attorney, the Chief Justice, Justices of the Supreme Court, Judge Dearden, the Honourable Mr Matt Foley, distinguished guests, Ladies and Gentlemen.
On behalf of the Council I welcome you all here this evening to this important event in the life of the Council.
I have two roles this evening. Firstly, to discuss the process by which we arrive at today and to acknowledge those who worked on the production of this book. Secondly, to acknowledge the work of the past presidents of the Council described in Eddie Clarke’s history.
The intention to publish the history of the Council has been around for a long time. Certainly it has been a topic of discussion at executive meetings for almost as long as I’ve been on the executive which is the early 90s.
But in the end it two events were critical to getting the history off the ground and ultimately to where we are today. Firstly, there was a bequest to the Council in the early 2000s and there was the determination by Ian Dearden to get the job done.
Once the bequest was received the search began for a person to write the history.
It was executive members, Janet Irwin and Beryl Holmes, who suggested Mr Eddie Clarke who at that time lived next door to Beryl in St Lucia.
The next vital ingredient was that all the past presidents of the Council were and are still alive. On behalf of Eddie and the council I thank them for making themselves available to be interviewed to provide us with their invaluable ideas and memories.
Finally, by the end of 2006 we had a book from Eddie. The next thing we had to do was to actually get it published. At that time the Council had the services of a part time project officer, Candace Wright, who was put to the task of locating a source of funding to publish the history.
After a period of time eventually the Supreme Court Library was identified with its program of publishing local history books as a potential publisher. With a significant amount of input from Aladin, the Supreme Court Librarian, a grant application was lodged with the Attorney-General’s department and a grant was obtained from the Legal Practitioners’ Interest on Trust Account Fund administered by the Attorney-General’s department. Once again we acknowledge the Attorney-General’s assistance in this regard.
Since then the publication of the book has been in the extremely capable hands of the Supreme Court Library, particularly Aladin and Helen Jeffcoat.
Through their services we were able to engage Ellie O’Gorman to be the editor.
The final product then was as Eddie the result of a collaboration between Eddie and Ellie in the editing process.
On behalf of myself and the other members of the executive of the Council I would acknowledge the role of those members who formed the publication committee, namely Peter Applegarth, John Ransley, Kellie Thompson and Roger Byrom.
We are also extremely grateful to the Honourable Quentin Bryce, then Governor of Queensland, now of course the Governor-General of Australia, for providing her inspiring introduction.
Finally, of course, last but certainly not least, the most important person in all of this, I again acknowledge the incredible amount of work that Eddie Clarke has put into the publication of the history. Eddie Clarke then bravely commenced work on the task. It is quite clear that whilst Eddie was probably not unsympathetic to the aims of the Council when he started the work by the end of it he was a thorough convert and has become a very active member of the executive, including currently being the editor of the newsletter. It is quite clear that Eddie was overwhelmed by the amount of material that existed about the Council, particularly held by the Fryer Library. Certainly Eddie spent far more time researching and writing the book than he has been compensated for in terms of what he has been paid.
I think it is appropriate at this time to acknowledge the work of my predecessors in this role.
All the past presidents are here except Mr Stephen Keim who is unfortunately absent in court in Emerald.
Jim Kelly
The first president of the Council was Mr Jim Kelly, a lecturer in government with the University of Queensland who was elected on 29 March 1967.
Lew Wyvill
In 1973 Mr Lew Wyvill barrister and later Queen’s Council was elected president. Though Lew retired as President in 1975 he continued to be involved. In fact for 25 years this telephone number was in fact the telephone number of the Council.
Derek Fielding
At the Annual General Meeting of 1975, Derek Fielding, Chief Librarian of the University of Queensland, was elected as president.
Terry O’Gorman
Terry has served two terms as president of the Council from 1979 to 1985 and 1990 to 1994. He continues to be the Vice-President of the Council and is currently the President of the Australian Council for Civil Liberties.
Matt Foley
Matt was president from 1987-9 before becoming a member of parliament between 1989 and 2004 during which period he was for a time the Attorney General and Minister for Justice.
Stephen Keim
Stephen was president of the Council between 1987 and 1990.
Ian Dearden
Ian is the longest serving president to date. Elected in 1994 Ian resigned as president of the Council on 3 February 2005 following his appointment to the District Court of Queensland where he continues to be a judge.
Eddie Clarke’s book demonstrates two things. Firstly, and perhaps most importantly, change can occur. Who would have thought 40 years ago that we would have FOI, Anti discrimination Legislation, homosexuality decriminalised, a statutory right to march and so much more. But it also reminds that the price of liberty remains eternal vigilance. Some issue recur such as abuse of power by police and new ones, such as anti terror laws threaten hard won liberties. The greatest mistake we can make is to take our liberties for granted. Once we do that they are lost. Eddie’s book is a monument to those hard working members of the Council who over the last 40 years who never lost sight of this fact.
Michael Cope
Thank you, Michael. Our next speaker is Mr Terry O’Gorman, the President of the Australian Council for Civil Liberties, a former president of the Queensland Council for Civil Liberties and one of its current vice-presidents. When I first met Terry in the late 1970s we both sported large volumes of curly hair. His was orange and nicely complimented the lime green safari suits that he wore at the time. Terry’s contribution to public life, and his defence of unpopular causes has been enormous over more than 30 years. His contribution is now documented in Mr Clarke’s work.
“When, from time to time, the judges condemn executive action as unlawful, or find an act of parliament or subordinate legislation to be incompatible with the law of the European Community or the European Convention on Human Rights, they do not endear themselves to the executive. There is an inevitable and proper tension between the wish of governments to take (and be seen to take) effective action, and the judges’ insistence that such action should not transgress the bounds of what is lawful. This is not an outcome to be deprecated, still less is it indicative of a constitutional crisis. Provided the judges do not overstep the proper limits of the judicial function, which they take care to respect, it is evidence that the organs of government are functioning as, in a democracy they should. There are countries in which all the decisions of the courts find favour with the powers that be, but they are not places that most people would wish to live.
If, historically, the record of British judges as defenders of personal liberty has been patchy, the tools at their disposal were rather limited, They could, in case of doubt, interpret parliamentary enactments on the assumption that parliament did not intend to infringe rights and freedoms; yet if the enactment was clear and unambiguous, they had no choice but to give it effect. But the rules of the game have changed – if not in the sense or direction that Tony Blair had in mind when using that expression – for parliament has, in the Human Rights Act 1998, instructed the judges to protect the main rights and freedoms enshrined in the European convention on Human Rights, providing a much more comprehensive framework of principles than judges have been able to invoke before.”
Lord Bingham
Supplied by Terry O’Gorman and quoted in his speech, the above was first published in The Guardian on 17 Feburary 2009
This brings us to the official launch of the book by the Attorney-General. When Eddie Clarke was working away in the Fryer Library, going through the archive boxes of correspondence, press releases and minutes that the council had accumulated over 40 years, I wonder whether he envisaged that his work would be launched by the State’s First Law Officer in this beautiful Banco Court. We all appreciate that the Attorney-General has many demands upon his valuable time. All concerned greatly appreciate that you are able to launch this work. I now invite the Honourable Kerry Shine to officially launch the book.
At the outset, I would like to acknowledge the traditional owners of the land upon which we meet today and their ancestors before them.
Chief Justice, members of the Judiciary, in particular the Honourable Justice Applegarth and His Honour Judge Dearden, retired Judges, QCCL president, Michael Cope, QCCL vice-president and Australian Council of Civil Liberties president, Terry O’Gorman, Chair of the Supreme Court Library Committee, the Honourable Justice Dutney, and the other Committee members, distinguished guests, ladies and gentlemen.
Good evening.
It gives me great pleasure to be with you this evening to officially launch ‘Guardian of Your Rights: A History of the Queensland Council for Civil Liberties’.
One of the cornerstones of our democratic system is the ability to openly question, criticise and debate social justice issues to ensure these basic legal rights and freedoms are protected.
The Council has been a vocal advocate for the advancement of law reform and contributed significantly to the discussion and debate about issues which often affect the most disadvantaged members of our society. Some of the key campaigns have concerned privacy, freedom of information, the right to march, police powers, anti-terrorism and anti-discrimination measures.
While the Council and the government of the day may not always see eye-to-eye on a particular topic, the Council’s eternal vigilance is critical to the proper functioning of the democratic process. But even where we do not agree, we nonetheless value the Council’s contribution to the debate and its commitment to defending fundamental civil liberties.
I wouldn’t for a moment try to claim that Labor Governments have always been as pure as the driven snow in respect of the erosion of civil rights, or the rights and freedoms of the individual. The incidents mentioned in the book, particularly of the 1948 Railway strike, give us cause to stop and reflect on measures used by Government to suppress dissent.
Fred Patterson, the only Communist Party member to have ever been elected to the Queensland Parliament, was so brutally assaulted by police in demonstrations over these measures that he received head injuries from which he never fully recovered.
Labor politicians and members were vocal and active participants in the demonstrations throughout the seventies against the tactics of police in suppressing demonstrations and street marches, but they merely mirrored practices adopted by Police during the earlier railways strikes.
As a Government we need to ensure we don’t create precedents for conduct that might be used and misused by subsequent Governments.
This is also the case with the gerrymander. Whilst the Bjelke-Petersen Government perfected the art of the gerrymander, it was a Labor Government that first sowed the seeds.
‘Guardian of Your Rights’ is an important record of QCCL’s role in this State’s political and legal history. Author Eddie Clarke provides readers with a comprehensive account ranging from the Council’s establishment, its ideals, the struggles against threats to civil liberties in the 1970s and 80s, and showcases the work the council has done on behalf of those who have asked for its assistance.
There are also some fascinating profiles of the presidents who have lead the Council over the years. I understand that Mr Clarke was so impressed by the Council’s aims and integrity of its members that he has joined QCCL himself.
Last week the Australian reported that former Chief justice of the High Court, Sir Gerard Brennan, had called for a greater focus on the nation’s legal history. I am pleased that the Council has been so responsive to his Honour’s call.
It is also significant that this publication is launched this year when our State also celebrates an important milestone of its own – 150 years since Queensland gained independence from New South Wales and become a colony in its own right.
My own department is as old as the state itself, with Attorney-General one of only four positions designated by the Colonial Office.
To mark Queensland’s 150th year, the department recently published its own brief history – By Rule of Law – which is available on the Justice department website. Tales of my political predecessors, some colourful anecdotes and the department’s evolution and contribution to Queensland history certainly make for interesting reading.
At this point, I would like to acknowledge the significant contribution of the Supreme Court of Queensland Library in overseeing this project through to fruition. The library has played a key role in preserving Queensland’s legal heritage since it first embarked on these types of projects some 20 years ago.
Initially the Library’s contribution was in an elementary and support capacity for other institutions. However, the number and nature of the historical preservation projects, encompassing exhibitions, publications and digitisation programs to name just a few, have grown and become more sophisticated.
The Supreme Court History Program, which serves as the nexus of the Library’s cultural and public function, is now a lead agency for the preservation of Queensland legal history.
During this period, the Library has raised more than one million dollars in grants and sponsorships which ensure the ongoing viability of these projects.
This volume on the history of civil liberties in Queensland is the twelfth title in a series of books published by the Library, aimed at preserving unique aspects of Queensland’s legal history. Its impressive catalogue includes important works not only relating to the state’s legal history, but also legal text books and biographies of legal personalities.
Other key projects undertaken by the Library have covered the political and legal achievements of Sir Samuel Griffith, the Queensland judges on the High Court, and the history of leading women in the law in this state over 100 years,
In 2007, the Library was approached by the Queensland Council for Civil Liberties to oversee the publication of its vibrant history — ‘Guardian of Your Rights’. This important work was made possible as a result of grant funding under the Legal Practitioner Interest on Trust Accounts Fund, known as LPITAF, which is administered by my department.
LPITAF grants help to level the legal playing field for some of the most vulnerable, disadvantaged and marginalised people in our society. Grants help fund projects aimed at advancing the law, enhancing communication and education in the law, or improving community access to legal services.
It would be remiss of me not to mention that applications for the 2009-10 grants opened just over a fortnight ago (14 February). This year, the grants are focussed on increasing dispute resolution services, improving justice services for victims of crime and Indigenous people, as well as assisting people with mental health issues.
The struggle to protect human rights and civil liberties is an ongoing one, and international events and technological innovations present new challenges for all of us involved in legal reform.
The Queensland Government has recently been fortunate to gain the support of the Federal Government in its quest to involve the Public Interest Monitor in any application for the use of telephone intercept powers. The former Federal Governmnt refused to entertain our request, but past Queensland history, much of which is retold in this volume, has tought us lessons that made us unprepared to compromise on this position.
It was through the support of organisations such as the Queensland Council for Civil Liberties that we were able to maintain our position, with the result that when we introduce the legislation to complement the Federal Government’s legislation, it will include the involvement of the PIM.
I congratulate QCCL on the important advocacy role it has played to date in this state’s political and legal history and I know you will maintain your active watch on the civil liberties of all Queenslanders for many, many years to come. I look forward to participating in future debates with you.
Thank you.
The Honourable Kerry Shine MP
[Copies of the book were then presented to QCCL office bearers: Jim Kelly, Lew Wyvill, Derek Fielding, Terry O’Gorman, Matt Foley, Stephen Keim, Ian Dearden and Michael Cope]
Thank you, Mr Attorney.
That brings to an end the formal proceedings. The Library has curated a small exhibition in the foyer outside, commemorating the achievements of the Council and the individuals involved in its significant successes. I invite you to peruse the displays at your leisure this evening or, indeed, anytime over the coming months. The Library also has copies of the book for sale tonight at a special discounted price of $20 – it can also be purchased from the Library after this evening, while stocks last. You are invited to join in light refreshments outside, which, in accordance with the terms of the grant, does not include alcohol. A good thing too since we don’t want anyone taking liberties. Those who need a drink or who simply wish to continue the celebrations are able to do so at a function that the the Council for Civil Liberties has organised to follow at 325 On George. Thank you for your attendance and good evening.
The Honourable Justice Peter Applegarth
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