Anthony Albanese: Labor caves to Coalition pressure over mandatory jail terms for terrorism and hate crimes

Labor has caved to demands to introduce mandatory minimum jail terms for terrorism and the display of hate symbols — prompting unhappiness among its MPs and party members — as the Government faces rising pressure to take tougher action against anti-Semitism.

But multiple Labor MPs conceded the Government couldn’t fall prey to the Coalition’s wedge on the issue.

Legal and civil liberties groups have slammed the mandatory one-year sentences for displaying nazi symbols or salute in public.

The changes passed with bipartisan support also impose six-year sentences for terror offences and three years for financing terrorism.

The laws were rushed through the Senate in a matter of hours on Thursday after having been in limbo in the lower house since September.

They make it easier to prosecute someone for advocating or threatening violence against someone based on race, religion, sexuality, disability or political opinion and against places of worship.

“We are sending a clear and unambiguous message that advocating or threatening violence is not acceptable. It is criminal behaviour and will be treated as such,” Attorney-General Mark Dreyfus said.

“We proudly live in a vibrant, multicultural and diverse community which we must protect and strengthen.”

The Federal laws could come into effect as soon as Saturday if Governor-General Sam Mostyn signs them on Friday.

The Government only agreed to add the mandatory sentences late on Wednesday night after weeks of urging from the Coalition.

“The Parliament is acting today because the Prime Minister has been dragged kicking and screaming to finally introduce tough legislation that will ensure there are real penalties for this behaviour,” shadow home affairs minister James Paterson said.

Anthony Albanese – who spent Thursday visiting the deadly flood disaster in Townsville – said the Government was interested in holding people to account for hate crimes.

“We’re strengthening the legislation today. We want people who are engaged in anti-Semitic activities to be caught, to be charged and put in the clink. That’s my priority,” he said.

The Government has faced mounting criticism from the Coalition and the Jewish community for being too slow and weak in its response to a rising anti-Semitism crisis that has seen the firebombing of a synagogue and a childcare centre, along with a wave of graffiti around the country.

Labor had previously resisted legislating for mandatory minimum sentences on the grounds that would not reduce crime and could undermine the independence of the judiciary.

The ALP national platform states bluntly, “Labor opposes mandatory sentencing” – a long-held position for the party.

Mr Albanese said last month imposing them could lead to “issues which are counterproductive”.

Earlier this week, The Nightly revealed the Coalition was considering introducing its own bill to impose mandatory sentencing if Labor did not come on board.

Multiple Labor politicians who spoke with The Nightly were not happy with the capitulation but said they understood the need to quell the politicisation of the problem anti-Semitism posed.

The inclusion of a review of the laws after two years was welcomed, but some would have liked a sunset clause inserted as well.

All agreed the Liberals were seeking to wedge Labor as the election neared.

However, one feared the intense focus on anti-Semitic attacks and graffiti was giving the perpetrators what they wanted, stirring up social unrest, and it might be better to take an approach akin to with the Christchurch massacre where it was acknowledged but not highlighted or glorified.

It is the second time the Government has agreed to Coalition demands for mandatory minimums on the fly - it agreed to add them to the initial laws dealing with the fallout from the High Court’s NZYQ decision that ended indefinite immigration detention in late 2023.

Mr Albanese was also absent from Parliament then, meeting with international leaders.

NSW Council of Civil Liberties Timothy Roberts said mandatory sentencing did not make the community safer.

“Today the Albanese Labor Government has shamefully undermined our democracy and the independence of the courts that it rests on,” he told The Nightly.

The Law Council of Australia was “extremely disappointed” in the Government.

President Juliana Warner said the peak legal body had been “gravely concerned by the recent incidents and acts of anti-Semitism that have occurred across the country” but at the same time, it was “vitally important in challenging times to uphold rule of law principles”.

Civil Liberties Australia chief executive Bill Rowlings said it was the job of judges, not politicians, to make punishments fit crimes.

“Politicians have not heard the evidence of any particular case, and their main aim is to be re-elected, which requires being seen to be reacting to vigilante and media excesses,” he told The Nightly.

The NSW parliament is also considering stronger hate speech laws.