19 August 2015

LOGOS/HA HA : regarding 'lawfare' and 'vigilante litigation' (The Attorney General George Brandis, again)

           
Logos, language, law & laughter on RN this morning :

listen to the full interview here 
      
Fran Kelly :  Lets return now to the government's attempts to tighten environmental laws in a bid to ban green groups from using the courts to stop major developments like the proposed Adani coal mine. This follows the Federal Court's decision to temporarily withdraw Commonwealth approval for the mega coal mine in central Queensland on the grounds that two vulnerable species, the Yakka skink and the Ornamental snake, were at risk.
             
Recording of Prime Minister : "If we get to the stage where the rules are such that projects like this can be endlessly frustrated, that's dangerous for our country and it's tragic for the wider world."


Fran K :  Prime Minister Tony Abbott speaking yesterday.  
               
The Attorney General George Brandis says legislative reform is needed to prevent the rise of "lawfare" where community groups use the courts as a political weapon. 

Geoff Cousins is a successful businessman, a director of Telstra, a former advisor to John Howard; he's also now the President of the Australian Conservation Foundation.
          
Fran K :  Geoff Cousins, Welcome to Breakfast.
             
Geoff Cousins : Thanks Fran. Good Morning.
          
Fran K :  The Attorney General calls green groups' tactics in the court "lawfare" and "vigilante litigation". What do you call it?
            
Geoff C : Well it's hardly vigilante, is it, when you are going to a court. I would have thought that is exactly the opposite, that is the due process of Law. Some spin doctor came up with this "lawfare" phrase : well my retort to that, to Mr Brandis, is "It's not lawfare, it's fair law". This is a law that allows Government decisions to be tested in courts by the people. That is good governance. That is what should happen in a democracy, and this government is doing no more and no less, it's pretty obvious to everyone I think, than trying to silence any voices that have a contrary view to their own.
          
Fran K : But have these laws been used by green groups to pursue a political agenda?
         
Geoff C : Not at all. And particularly not in this case because, of course,  the court didn't actually make a decision here - that's a misunderstanding from people - the Minister made a mistake and went to the court and asked for his decision to be withdrawn. The court actually never finally made a decision. So the government is like a lot of little schoolboys who've been caught making a mistake and then get angry with everybody else. The only person they ought to be angry with is the Minister for the Environment, as he is called, but at the moment I'd have  to say "Is Greg Hunt actually the Minister Against the Environment?".
            
Three Laughers of TAR enact fLaw n Order  


 click image to enlarge                       photo courtesy LM of TAR

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