Former national security law watchdog Bret Walker has launched a blistering attack on the government's "absurd" handling of the citizenship debate and demanded Prime Minister Tony Abbott apologise to him.
A clearly angry Mr Walker launched his assault after Mr Abbott told Parliament that the former watchdog had "changed his mind" in insisting dual nationals not be stripped of their Australian citizenship without a criminal trial and conviction.
Mr Walker, regarded as one of the nation's top legal minds, said the government's rushed handling of its citizenship plans reflected badly on Mr Abbott personally.
"If this is an urgent matter of counter-terrorism, then it reflects terribly on the Prime Minister personally that he has left it so late … No law-making should be conducted in a rush," he said.
Mr Walker recommended in his final report as the Independent National Security Legislation Monitor in March last year that the government consider giving the immigration minister the power to strip dual nationals of their Australian citizenship where "it is in Australia's national security or counter-terrorism interests".
The Abbott government has seized on the recommendation as support of its plan to give Immigration Minister Peter Dutton the power to strip citizenship in terrorism cases without the need for a criminal trial.
But Mr Walker couched his recommendation in the report as an extension of existing powers that require a person be convicted in a criminal trial first.
He said on Thursday it was "absurd" and "ridiculous" to suggest he meant the existing power should require a conviction but the extension should not – as Mr Abbott has done.
He did not specifically mention the need for conviction in the key recommendation because it went without saying, he said.
"Surely the Prime Minister doesn't think that because I didn't mention it, it didn't apply," he said. "How ridiculous. His position is indefensible and he should apologise."
Mr Walker said neither the Prime Minister nor anyone from the government had even approached him to ask what he meant in his report.
"There has still not been any contact from the Prime Minister, any minister, any departmental liaison officer, with me since March 2014 about any of the recommendations," he said.
"Inquiry of me about what was intended … has been completely lacking."
His furious remarks came after Mr Abbott told Parliament that "the former monitor is entitled to change his mind and obviously he has changed his mind" over the need for a conviction.
Mr Abbott accused Labor of wanting to "roll out the red carpet" to terrorists after Shadow Attorney General Mark Dreyfus said terrorists in Syria would need to be brought back to Australia if they were to face prosecution.
The debate over whether Mr Abbott was cutting members of his own cabinet out of the process rolled on, with the Prime Minister forced to admit in parliamentary question time that just two ministers – Immigration Minister Peter Dutton and Attorney-General George Brandis – had seen the legislation.
Australian Politics - Fairfax
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