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LETTER OF THE DAY - 'Sunset clause' mooted for anti-crime legislation
published: Thursday | August 7, 2008

The Editor, Sir:

The Prime minister's announcement of measures to be taken in the fight against crime and the reaction to the announcement are the reasons for the important debate that is taking place.

Much has been said and written in support of the measures and much against aspects of the measures. In particular, positions have hardened on the denial of bail in some cases and detention without charge in certain circumstances.

It would be futile to believe that all has now been said about the controversial provisions or that either disputant will back down from the position taken.

Cooling-off period

However, at the risk of entering an already crowded forum by adding to the debate, and while realising that there is merit on both sides, it is suggested that each side should adopt a cooling-off period while allowing the proposals to take effect.

The proposals announced by the prime minister will have to be presented to Parliament for appropriate legislation, or so it is believed, before coming into effect. The prime minister promised to fast-track the measures, which may introduce further contention, but may still be salvaged. The proposals may be acceptable if it is understood that these are temporary provisions to deal with a dire situation.

Monitoring the situation

Parliament should pass the legislation with a sunset clause, to expire after a stated period of, say, six months. The legislation would be renewable by Parliament for further successive periods of six months.

This will allow for monitoring the situation and for the nation to know how successful the measures are in controlling crime, and at the same time to assess how much the restrictions on rights impinge on basic freedoms.

I am, etc.,

FRANK PHIPPS

Chairman,

Farquharson Institute of Public Affairs

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