Key Takeaways:
- A royal commission is being considered to investigate the drivers and enablers of antisemitism in Australia
- The commission would examine institutional failures, law enforcement responses, and sources of funding for extremist ideologies
- Concerns have been raised about the potential appointment of Justice Virginia Bell as the royal commissioner due to her past judgments on protest laws
- Some members of the Jewish community have expressed concerns about Bell’s ability to remain impartial in the inquiry
- Former chief justice James Allsop has advocated for a sweeping inquiry into antisemitism and the circumstances leading up to the Bondi massacre
Introduction to the Royal Commission
The Australian government is considering a royal commission to investigate the rising tide of antisemitism in the country. The commission would aim to examine the drivers and enablers of antisemitism, assess institutional failures across education, public administration, and civil society, and evaluate the effectiveness of law enforcement and judicial responses to antisemitic hate speech and incitement. The commission would also seek to identify sources of funding and influence that sustain extremist ideologies. This inquiry is seen as crucial in addressing the growing concern of antisemitism in Australia, particularly in the wake of the Bondi massacre.
Concerns about Justice Virginia Bell’s Appointment
However, concerns have been raised about the potential appointment of Justice Virginia Bell as the royal commissioner. Some members of the Jewish community have expressed concerns that Bell’s past judgments on protest laws may compromise her ability to remain impartial in the inquiry. One prominent member of the Jewish community noted that Bell’s role in making laws related to protest in Australia may create a conflict of interest, particularly if she is to inquire into the effects of her own judgments. This concern is not unfounded, as seen in the case of Brian Martin, who resigned from the Don Dale royal commission due to concerns about his ability to show independence.
Reactions from the Jewish Community
The Jewish community has been highly critical of decisions to let several pro-Palestine protests go ahead, and some members have expressed concerns that Bell may not be the best person to lead the royal commission. David Ossip, president of the NSW Jewish Board of Deputies, stated that a consensus on who is chosen to be the royal commissioner should be a minimum requirement, and that the royal commission must have the confidence of the Jewish community. Former Labor MP Michael Danby, who is Jewish, also expressed concerns about Bell’s appointment, citing the need for an inquiry that involves ideology, foreign affairs, and national security.
Support for a Sweeping Inquiry
Despite the concerns about Bell’s appointment, there is widespread support for a sweeping inquiry into antisemitism and the circumstances leading up to the Bondi massacre. Former chief justice James Allsop has been a forceful advocate for such an inquiry, stating that it is essential to ask and answer hard questions about the country and its values. Allsop wrote in an opinion article that not undertaking a robust inquiry "imperils the future of the nation." University of Sydney international law professor Ben Saul also accused Frydenberg of questioning the capabilities of one of Australia’s most distinguished and highly regarded legal figures.
The Importance of Independence
The issue of independence is crucial in the appointment of a royal commissioner. Prominent barrister Greg Barns stated that a royal commissioner had to be seen as independent, and that any interest group should not be allowed to veto or approve the selection. This sets a dangerous precedent, as it may compromise the independence of the inquiry. It is essential to ensure that the royal commissioner is perceived as impartial and independent to maintain the integrity of the inquiry.
Conclusion
In conclusion, the royal commission into antisemitism in Australia is a crucial step in addressing the growing concern of antisemitism in the country. While there are concerns about the potential appointment of Justice Virginia Bell as the royal commissioner, it is essential to ensure that the inquiry is independent, impartial, and has the confidence of the Jewish community. The commission must examine the drivers and enablers of antisemitism, assess institutional failures, and evaluate the effectiveness of law enforcement and judicial responses to antisemitic hate speech and incitement. Ultimately, the success of the inquiry depends on its ability to ask and answer hard questions about the country and its values, and to identify ways to prevent such incidents from happening in the future.
