Favours Banning Communist Party, But Wants Individual Liberty Preserved

Wanganui Chronicle, 5 May 1950, Page 5

Favours Banning Communist Party, But Wants Individual Liberty Preserved

CANBERRA, May 4 (Ree. 9.40 pm).—The Leader of the Opposition, Mr. Chifley, in a statement on the Federal Parliamentary Labour Party’s attitude to the Government’s anti-Communist legislation, says: .

“The Labour Party considers the Government made clear its intention to ban the Communist Party before the December election. It will seek no amendment to sections giving that object. It will, however, seek substantial alterations to clauses which deal with the liberty of the individual. ‘‘ln its decision the Labour Party differentiates between that part of the Bill which dissolves the Australian Communist Party, expropriates its property and declares It unlawful, and those provisions of the Bill which authorises the Government to ‘declare’ other organisations and persons who are members of such organisations, or advocate or support certain views. It is contrary to British justice that a man should suffer loss or injury in property or person, except as the result of a judicial finding, in which a definite charge is made and the Crown establishes its case. Under the Menzies Bill these principles are jettisoned. Even in the limited appeal permitted under the Bill, the onus of proof is transferred to the individual. Accordingly, the Labour Party is convinced that fundamental principles require the amendment of the Bill to give effective appeal, both to alleged affiliated organisations and to persons who may be declared by the Government.

"Further provisions of the Bill —an unlimited right of search and seizure —strike at the ordinary processes of justice. This provision requires a drastic amendment to make certain that power will be exercised only by

responsible persons in a responsible way.” PARTY’S ENDORSEMENT. The Federal Labour Party this afternoon endorsed the principles of the Governments anti-Communist legislation, but is prepared to fight for amendments to the extent of a double dissolution. Two of the most important amendments they will attempt will be to put on the Crown the onus of proof in a case against a declared person, and to impose safeguards limiting the power of political police to search homes and premises

Labour leaders, who feared that a threat by Mr. Menzies to amend the Constitution relating to the Senate would have an intimidatory effect upon some Labour followers, now claim that the discussion was not influenced by Government action.

It is understood that caucus also endorsed other amendments providing for a right of appeal by declared persons to the State High Court, or State Supreme Court, as well as the Commonwealth High Court. Acceptance of the principles of the Bill means that Labour has accepted the view that the Government has a mandate to ban the Communist Party and that it will support this and other measures designed to strengthen the Government’s hand against subversive activities.

Labour may also press for the right of a person declared and found Innocent to recover his legal expenses, and the right of a declared person to hold his office or employment until his appeal is heard.