Shouts from the desert

That is a headline you probably never expected to see on a story with my name on it, but nevertheless in this case it is true. I agree with Senator Heffernan that it would be a good idea to drug test politicians. There are several reasons for this, but first and foremost it is this: the people who make our laws should be, and be seen to be, obeying those same laws. If they are unwilling to obey the laws they make, why should others in the community obey them? Parliamentarians should not be in the habit of breaking laws, much less have an unhealthy and illegal habit. This is why I still believe that a member of any Parliament who is getting speeding fines that are of such a degree or such a frequency as to show intentional disregard of speed limits should resign, and it is one reason why the Prime Minister's breaches of International law are a much bigger issue than a lot of people think &emdash; if he is unwilling to follow the international laws that bind him, he has no right to expect us to follow the laws he makes to bind us.

Heffernan extends this to judges. Again, I agree. In order to be credible in passing sentences on convicted criminals, a judge must also obey, and be seen to obey, the law. Drug offences and other willful breaches of the law are inconsistent with this and seriously undermine the authority of the Court.

Heffernan also extends this to lawyers. Once again I agree. Lawyers like to claim that they are among the most trustworthy and ethical people in the community. While this claim is tenuous at the best of times with many examples to the contrary, if they wish as a profession to make such claims they should be prepared to be tested as to whether they live up to those claims.

Recently we have had some very serious charges laid against a New South Wales parliamentarian. We have had judges who have admitted to serious offences and have perjured themselves to avoid the consequences of their lawbreaking. And there is a constant stream of legal practitioners involved in wilful breaches of the law.

I am not talking here about inadvertent breaches of the law &emdash; it is impossible to live in modern society without accidentally committing the occasional offence, no matter what some might claim. Nor am I talking about breaches of laws where there is a genuine question of interpretation or of constitutionality. Nor am I talking about breaches of the kinds of laws that are enacted with the expectation that they will normally go without enforcement - such laws should generally not be on the books, as they are used for unjustifiable discrimination. However when a politician, judge or lawyer is in the habit of wilfully disobeying justifiable, constitutionally valid laws such that the disobedience amounts to wilful disregard of the law, that person should be disqualified from holding office as a politician, judge, and legal practitioner. Resigning from such roles is the least they can do when caught.