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Doorstop interview of the Attorney-General following the demonstration of specialised equipment of to deal with chemical biological or radiological incidents at Emergency Management, Australia: Canberra: 20 January 2005: Terrorism preparedness; bombings in Baghdad; Mamdouh Habib's return to Australia; identity security initiatives.\n



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ATTORNEY-GENERAL &

ACTING MINISTER FOR FOREIGN AFFAIRS THE HON PHILIP RUDDOCK MP

TRANSCRIPT

Parliament House, Canberra ACT 2600  Telephone (02) 6277 7300  Fax (02) 6273 4102 www.law.gov.au/ag

DOORSTOP INTERVIEW

FOLLOWING

DEMONSTRATION OF

SPECIALISED EQUIPMENT TO DEAL WITH

CHEMICAL BIOLOGICAL OR RADIOLOGICAL INCIDENTS

AT

EMERGENCY MANAGEMENT AUSTRALIA

CANBERRA

WEDNESDAY, JANUARY 20, 2005

Subject: Terrorism preparedness; bombings in Baghdad; Mamdouh Habib’s return to Australia; identity security initiatives

___________________________________________________________________________

ATTORNEY-GENERAL: Well look, here we are. First just if there

are any questions in relation to the CBR

equipment and this launch and then, if

you want to talk about some other

things, I’ll excuse [ACT] Commissioner

Dunn and David [Templeman, EMA

director-general].

Attorney-General Transcript 2

QUESTION: How prepared is Australia for a

terrorism attack?

ATTORNEY-GENERAL: Well look, the difficulty about these

sorts of matters is you don’t know until

you have some real life experience. But

heaven knows we don’t want that to

happen. But you have to prepare and

this is part of the process of ensuring

that the relevant agencies who have to

respond in the event of any emergency

have the appropriate equipment to be

able to address the range of hazards that

do exist.

And here we’re talking about chemicals,

biological and radiological agents that

might be used in a terrorist attack and

ensuring that the States and Territories

have the necessary equipment and

training to be able to respond. We do

go through a series of exercises during

the course of the year. The Government

committed millions of dollars to a range

of exercises, and there’ll be further

exercises carried out during the course

of this year. And they’re designed to

test those organisations that have to

respond.

Attorney-General Transcript 3

You may remember one of the more

recent ones occurred in New South

Wales where there’d been a major

bombing and all of the agencies that

needed to prepare for something like

that were able to exercise on a site that

had been especially constructed as a

bomb site.

And what you’ve seen in that we’ve

been able to undertake exercises

offshore, on oil installations, oil and gas

installations that might be targeted by

terrorists. We had high-level

kidnappings, murders that have had to

be addressed and all of the States and

Territories have been involved in those

exercises.

How prepared are we? We haven’t

faced the real thing. But we are very

much aware that we have been targeted

and we need to be alert to the range of

possibilities that we might have to deal

with.

QUESTION: Do you believe…

QUESTION: …about the current level of threat?

Attorney-General Transcript 4

ATTORNEY-GENERAL: Well the current level of threat hasn’t

changed. It’s been at a medium level

but it is regularly reviewed in the light

of circumstances here and abroad. But

there’s been no change to the current

level of threat.

QUESTION: …already deployed in overseas regions

at the moment?

ATTORNEY-GENERAL: Well I can’t say that. Equipment of this

sort is for chemical, biological and

radiological exercises. A point we were

making is that the agencies themselves

have to be able to respond to all forms

of hazards, whether it’s fire, flood, we

now see tidal waves, tsunamis, and

Australians are obtaining I think

extraordinarily valuable training

experience in helping to respond to the

tsunami. But it’s- we are not deploying

this sort of equipment into those

situations.

QUESTION: …be upgraded after yesterday’s

bombing in Baghdad?

ATTORNEY-GENERAL: There has been no alteration to the level

of threat.

Attorney-General Transcript 5

QUESTION: …see Australia was targeted.

ATTORNEY-GENERAL: We reassess the situation after every

reported incident and, if there’s a

change in the level of threat, I’ll tell you.

QUESTION: Attorney, there appears to be a bit of

confusion within the Government over

whether the attack was actually targeted

at Australia. Mr Downer seemed pretty

adamant and then you and Senator Hill

were sort of playing that down a little

bit. Why was that?

ATTORNEY-GENERAL: Well I wouldn’t have thought there

were substantial differences of view at

all. I made the point yesterday and I’d

simply repeat it - you have had an

incident that is adjacent to an Australian

mission, you’ve had people claim that

they are responsible. We know that

sometimes those claims are correct,

sometimes they’re false. I said yesterday

that in all probability we were targeted.

But you know in this business, there is

no certainty. And that’s the only point

that I think Senator Hill and I were

making. I don’t think Mr Downer’s

comments are in any way at variance in

that.

Attorney-General Transcript 6

In all probability we were targeted, but

there is no certainty.

QUESTION: Mr Ruddock, has Australia agreed to

shackling Habib…?

ATTORNEY-GENERAL: I will come to those issues in a moment.

Any other issues in relation to this

launch?

QUESTION: Just one more: How much more

prepared are we now that we’ve got this

roll out of equipment [indistinct]?

ATTORNEY-GENERAL: Well we are continuing to improve our

capability. And the materials have been

deployed and the relevant State and

Territory agencies have been training

with it. And I’d ask Commissioner

Dunn if he’d like to say whether he

believes his people are not fully

prepared?

COMMISSIONER PETER DUNN: I think they are. And only yesterday

we had two major hazardous material

incidents where you see some of this

equipment being used. We use it

routinely, not the mass-

decontamination equipment but

certainly our hazardous material teams

Attorney-General Transcript 7

who form the CBR Response Team are

part of normal public safety within this

city. So I’m very confident that they

can use the equipment. They do it on a

daily basis but this would require us to

flip to a much more serious incident.

ATTORNEY-GENERAL: All right?

QUESTION: Mr Ruddock, it’s been reported

American officials are demanding

Mamdouh Habib be shackled…

ATTORNEY-GENERAL: No, no, hang on a moment, hang on.

Any other questions on this? If there

aren’t, I’ll - you don’t have to be

involved in Mr Habib [laughter]

QUESTION: Will Australia grant that wish and have

Mr Habib shackled for his return?

ATTORNEY-GENERAL: I mean I’ve seen the reports. I don’t

know whether any demands have been

made of that sort or not. They haven’t

been made to me. The only point I’d

make is that we know that the United

States, when it routinely moves people

of concern, takes appropriate steps to

restrain people on aircraft for the safety

Attorney-General Transcript 8

of those who are on the aircraft, and so

that’s the approach that’s taken.

Now assessments have to be made by

captains of aircraft as to whether or not

restraint is required at any time. I

wouldn’t say that it could never

happen, that on an aircraft the captain

and others might believe that some

form of restraint is required. But it is

not part of our planning to bring Mr

Habib back to Australia shackled.

QUESTION: Has Australia agreed not to fly in

American air space with Mr Habib on

board?

ATTORNEY-GENERAL: Well look the issue of flying in others’

air space is a matter for them. The

United States has agreed to our request

that Habib be returned to Australia. We

came to that view when the United

States informed us that Habib was not

going to be put to trial. And I mean

that’s old news.

In the meantime we have been

preparing to bring him back. We can’t

do so through the United States. That is

a demand that they have made. So we

Attorney-General Transcript 9

have to make appropriate arrangements

for his return to Australia. Now I’m not

going to put out a full itinerary. You

know if that’s what you’re asking for, I

mean that’s not going to happen. We

are putting in place arrangements. He’ll

be brought back to Australia as quickly

as possible.

QUESTION: …you would say it’s not reasonable that

he’s brought back in shackles given that

he will be released without charge?

ATTORNEY-GENERAL: We have no plans for him to be

restrained. But I simply say any

decision of that sort would be made

involving the captain of an aircraft and

would depend upon the circumstances.

I can’t dismiss the possibility that in

certain circumstances there may be a

need for restraint. But that is not part of

our planning.

QUESTION: Is there any information yet on the cost

of bringing Mr Habib back?

ATTORNEY-GENERAL: No.

QUESTION: Do you have any idea when he will be

back in Australia?

Attorney-General Transcript 10

ATTORNEY-GENERAL: I know that we’re seeking to do it as

quickly as possible and we’re looking at

weeks, not months.

QUESTION: And will it be charter flight or

scheduled aircraft?

ATTORNEY-GENERAL: Look, it’s unlikely that it will be a

scheduled flight. I mean the reasons for

this are quite clear. You are dealing

with a situation in which we have to

secure his return to Australia. And if

you’re putting people on commercial

flights, they’re going into other

jurisdictions. There are a whole lot of

possibilities. I don’t want to canvass all

of the possibilities but you can guess at

them as much as I can. That when you

are not in a position to restrain

somebody because they’ve not

committed an offence for which they are

being charged, then there is the

potential for people to say if they land

in another place, I’m going to stop; I’m

going to lodge an asylum claim.

That could happen, for instance, and

that’s not within our contemplation.

Our expectation is that he will be

returning to Australia. And that’s part

Attorney-General Transcript 11

of the assurance that we’ve given to the

United States and I indicated that he

remains a person of security concern,

that we’ll be taking steps in response to

that when he returns to Australia. And

I think, having said that, it should be

sufficient to satisfy you that it would

not be within our contemplation that he

should be anywhere else but Australia.

QUESTION: Regarding the Australian Government’s

reaction to identity crimes, the story in

The Australian this morning about the

National Documentation Verification

Service, is that an Australia Card by

default?

ATTORNEY-GENERAL: Certainly not.

QUESTION: Then what is the Government’s plan?

ATTORNEY-GENERAL: Well we’ve made it very clear that we

have no intention of redeveloping the

Australia Card proposals of old. The

primary issue that we are seeking to

deal with in the present terrorist

environment, in a situation where there

is very extensive monetary fraud,

money-laundering, is to have a system

Attorney-General Transcript 12

in place in relation to identifying people

that is effective.

And that means when people present

documents of identity, you need to be

able to establish that people haven’t

manipulated, haven’t altered them,

haven’t manufactured their own, and so

what we are seeking to do is to develop

and trial - and the consult trial has been

underway - a system for verifying

documents between governments.

Just to give you an idea, the range of

bodies that do identify people - the

Department of Foreign Affairs issues

passports; State Governments deal with

birth and death certificates, marriage

certificates; you have a whole lot of

issues in relation to name changes; you

have drivers’ licences; you have people

that need to be identified for the

payment of benefits; you have

citizenship entitlements, particularly if

people are born overseas.

Now government sets about to establish

people’s identity in one department or

another and then others are asked to

rely upon those documents. You need

Attorney-General Transcript 13

at times to be able to verify that they

have been properly produced, that they

haven’t been tampered with or

manipulated.

So what we’re talking about is a system

in which you can use modern

technology and you can do a lot more of

the checking about the bona fides of

documents on line.

Now I just make it very clear that this is

not a system that will allow those who

want to verify documents to be able to

access other people’s databases which

contain privacy related material. It’s

not about giving the Department of

Foreign Affairs access to people’s tax

records or their pension payments. It’s

a matter of giving them access to

information that might help in properly

identifying an individual.

QUESTION: Would a bank for example be allowed

to have access to identity records?

ATTORNEY-GENERAL: Well look, it’s known by banks and

financial institutions that the

Government is developing the

verification system and they’ve made

Attorney-General Transcript 14

public requests that they be allowed to

access the system if it is implemented.

That is not something on which we have

made a decision. We’ve noted the

request but there has been no decision

taken to allow private sector access to a

verification system.

QUESTION: What are the pros…?

QUESTION: …part of the trial?

ATTORNEY-GENERAL: No it won’t be part of the trial. The

trial…

QUESTION: [Indistinct]

ATTORNEY-GENERAL: Well look there are 24 government

departments and agencies that are

involved in the discussions and

obviously the larger proportion of those

are probably going to be involved in the

trial.

QUESTION: Might this breach current privacy laws?

ATTORNEY-GENERAL: No. The Privacy Commissioner is

involved in the discussions and this has

been a matter that has been progressed

with their full involvement and co-

Attorney-General Transcript 15

operation to effectively address privacy

concerns.

QUESTION: What are the pros and cons of business

access to such a system?

ATTORNEY-GENERAL: Well obviously banks are anxious to

ensure that they’re not used for the

purpose of money-laundering and

particularly by criminal or terrorist

organisations. And so, they are anxious

to ensure that people who open bank

accounts do so with a bona fide identity

and they have systems at the moment to

ensure that they satisfy themselves as to

people’s identity. I think it’s called the

point system which they operate.

And I can understand why they would

be interested in a verification system

but look, we’ve made no decision on

that. We’ve noted their interest. At the

moment the effort is designed to

ensuring that relevant Commonwealth

and State agencies and Territory

agencies that are involved in issues of

identification can have more effective

ways of verifying the documentation

that is presented is in fact bona fide.

Okay?

Attorney-General Transcript 16

QUESTION: …thin edge of the wedge to allow banks

access to [indistinct] real estate agents

and then progressing from there, and

people…

ATTORNEY-GENERAL: Well let me just say that we are putting

very significant responsibilities on

agencies to ensure that the proceeds of

crime are not protected, cannot be

hidden. And identity questions are an

important part of that. And we have

quite extensive co-operation with

private sector organisations now in

relation to dealing with those issues,

particularly in relation to tracking

monies that are moving unlawfully.

So you know I wouldn’t want to dismiss

lightly the requests from the private

sector. I’m simply saying no decision

has been taken. There are a wide range

of issues that would have to be

examined in dealing with broader

access and at this stage we’re, I think,

crawling before we walk.

All right?

* * END * *

Attorney-General Transcript 17

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