A submission made by the Attorney-General’s Department (AGD) on telecommunications legislation reform indicates that the Department is little more than a lobbyist for law enforcement and intelligence agencies[1][2].

Pirate Party Australia noted in its own submission to the Comprehensive Revision of the Telecommunications (Interception and Access) Act 1979 that the AGD was caught in a “form of regulatory capture whereby those charged with regulating [law enforcement and intelligence agencies] become advocates for or defenders of the retention and expansion of those agencies. The Attorney-General’s Department has in the past argued on behalf of [those agencies] rather than take an impartial view — that is, the Department has advocated that … powers be expanded, including when providing evidence to inquiries on the matter.”[3]

Fletcher Boyd, the Pirate Party’s lead candidate for the Senate in Western Australia, commented: “The submission made by the Attorney-General’s Department reinforces exactly what the Pirate Party submitted to the Senate Committee. The Department is not on the side of the people, it is on the side of those agencies that naturally want more surveillance powers and more authority to intrude on citizens’ privacy.”

“It is a sad state of affairs when the very bodies responsible for ensuring our law enforcement and intelligence agencies are operating within legal limits and respecting human rights act in the interests of the very agencies they are expected to restrain. They must be independent in this regard and not pick sides. The Attorney-General’s Department should not fight the battles of ASIO, the Australian Federal Police or any other body. It should aim to regulate them and ensure that responsible oversight is provided.”

Although the AGD has advocated in the past for greater intelligence gathering powers, including under former Labor Attorney-General Nicola Roxon[4], the appointment of a former ASIO Director-General as the Department’s Chief of Staff has raised additional concerns[5]. In 2007, then ASIO Director-General Paul O’Sullivan publicly criticised Justice Adams of the NSW Supreme Court over a ruling against ASIO, and admitted that ASIO was not fully aware of its legal obligations[6]. O’Sullivan was appointed the AGD’s Chief of Staff by Attorney-General George Brandis in October 2013.

“The Attorney-General has argued in Parliament that there is plenty of Parliamentary oversight of intelligence gathering operations in Australia[7], but he has not been entirely upfront about who is guiding the bureaucrats in his department. It should be no surprise to anyone that a department whose Chief of Staff is a former ASIO Director-General continues to come down on the side of increasing powers for law enforcement and intelligence agencies,” Mr Boyd continued.

Pirate Party Australia will be contesting the Senate Election in Western Australia on 5 April 2014. This will be the Pirate Party’s third federal-level election in Australia, following the 2013 Federal Election and the Griffith By-Election early last month. The Pirate Party’s preferences[8] are directed toward current Senator Scott Ludlam, who has worked extensively in Parliament in support of civil liberties. The Party has an extensive platform, covering a range of issues including civil liberties, copyright reform, welfare, taxation, asylum seekers and education[9].