The man who would be prime minister

“In terms of ministerial oversight, the portfolio has the following ministers: the Minister for Home Affairs, who sits in the cabinet and who is also separately sworn as the Minister for Immigration and Border Protection; the Minister for Citizenship and Multicultural Affairs; the Minister for Law Enforcement and Cybersecurity; and the Assistant Minister for Home Affairs. The core functions of the department are policy, strategy, planning and coordination in relation to the domestic security and law enforcement functions of the Commonwealth as well as managed migration and the movement of goods across our borders…..four portfolio agencies that sit alongside the department, which are statutorily independent, but they are within the portfolio. They all, like me, report to the cabinet minister. The Australian Federal Police, ACIC, AUSTRAC and Australian Border Force. That is four. Then, with the passage of relevant legislation that is currently before the parliament, ASIO will move across soon.”  [Secretary Dept. of Home Affairs Michael Pezullo at Senate Estimates Hearing, Legal and Constitutional Affairs Legislation Committee, 26 February 2018]

The worry about concentration of political power per se and that power in inappropriate hands…….

The Saturday Paper, 28 April 2018:

Peter Dutton is arguably the most powerful person in the country. In his new ministry he has oversight for national security, for the Federal Police, Border Force and ASIO, for the law enforcement and emergency management functions of the Attorney-General’s Department, the transport security functions of the Department of Infrastructure, Regional Development and Cities, the counterterrorism and cybersecurity functions of the Department of Prime Minister and Cabinet, the multicultural affairs functions of the Department of Social Services, and the entire Department of Immigration and Border Protection.

It is hard to imagine any member of federal parliament less suited to exercise the sort of powers now held by Dutton. It is easy to argue that no minister should be entrusted with such vast powers. But the fact that those powers are in Dutton’s hands is seriously alarming.

Ministerial powers are subject to limits. The rule of law means that the limits are subject to supervision by the judicial system. Most ministers understand that. Dutton apparently does not…..

On April 7, 2018, Dutton called for “like-minded” countries to come together and review the relevance of the 1951 Refugee Convention.

So, here it is: Australia’s most powerful minister is wilfully mistreating innocent people at vast public expense. He is waging a propaganda war against refugees and against the people who try to help them. And he is trying to persuade other countries to back away from international human rights protection.

He tries to make it seem tolerable by hiding it all away in other countries, so that we can’t see the facts for ourselves. [my yellow highlighting]

Evidence that the community concern is justified…….

MSM News, 29 April 2018:

Ministers are planning to make it easier for the government to spy on its own citizens, a leaked document has revealed.

As it stands, the Australian Federal Police and Australian Security Intelligence Organisation need a warrant from The Attorney-General to access Australians' emails, bank records and text messages.

But ministers are reportedly planning to amend the Intelligence Services Act of 2001 to allow Home Affairs Minister Peter Dutton and Defence Minister Marise Payne to give the orders without the country's top lawyer knowing. 

The intelligence - which could include financial transactions, health data and phone records - would be collected by a government spy agency called the Australian Signals Directorate. 

The plan was revealed by a leaked letter from Home Affairs Secretary Mike Pezzullo to Defence Secretary Greg Moriarty.

The top secret letter, written in February and seen by The Sunday Telegraph, details a plan to 'hack into critical infrastructure' to 'proactively disrupt and covertly remove' cyber-enabled criminals including child exploitation and terror networks. 

In March, the plan was outlined in a ministerial submission signed by Mike Burgess, the chief of the Australian Signals Directorate.

It states: 'The Department of Home Affairs advises that it is briefing the Minister for Home Affairs to write to you (Ms Payne) seeking your support for a further tranche of legislative reform to enable ASD to better support a range of Home Affairs priorities.'

But a proposal to change the law has not yet been made.

A spokesman for the Defence Minister Ms Payne said: 'There has been no request to the Minister for Defence to allow ASD to counter or disrupt cyber-­enabled criminals onshore.' 

      

An intelligence source told The Sunday Telegraph that the proposals could spell danger for Australians.

'It would give the most powerful cyber spies the power to turn on their own citizens,' the source said.

The letter also outlines 'step-in' powers which could force companies to hand over citizens' data, the source added.

The submission says the powers would help keep Australian businesses and individuals safe. [my yellow highlighting]

The inherent dishonesty of the Dept. of Home Affairs…..

Secretary of Department of Home Affairs Michael Pezullo, Senate Estimates, Legal and Constitutional Affairs Legislation Committee, 26 February 2018, denying the possibility of by-passing the judiciary and “the country's top lawyer”:

As I said at the last estimates meeting of this committee, all executive power is subject to the sovereignty of this parliament and to the supremacy of the law. In bringing the security powers, capabilities and capacities of the Commonwealth together into a single portfolio, these fundamentals will remain in place. All of them are crucial attributes of liberty. I repeat what I said last year to this committee: any contrary suggestion that the establishment of Home Affairs will somehow create an extra judicial apparatus of power bears no relationship to the facts or to how our system of government works, and any suggestion that we in the portfolio are somehow embarked on the secret deconstruction of the supervisory controls which envelop and check executive power are nothing more than flights of conspiratorial fancy that read into all relevant utterances the master blueprint of a new ideology of undemocratic surveillance and social control. [my yellow highting]

Ministerial denial - of sorts....

When confronted by the mainstream media Dutton supported government spying on its citizens, saying he believes there is a case to be made for giving the Australian Signals Directorate more powers to investigate domestic cyber threats, with appropriate safeguards in place and "If we were to make any changes ... I would want to see judicial oversight or the first law officer (attorney-general) with the power to sign off on those warrants".

Hands up everyone in Australia who will sleep well knowing that the tsar has spoken. *crickets*