Helen Coonan (NSW, Liberal Party, Minister for Communications, Information Technology and the Arts) Share this | Hansard source

I thank Senator Allison for the question. In dealing with matters to do with Mr Hicks over past months the government has emphasised to the US administration the need for Mr Hicks’s case to be resolved as expeditiously as possible, consistent with the interests of justice. We expect Mr Hicks to face charges overseas. Like all Australians, the government appreciates that that is not necessarily the approach of all governments. But that is the approach that the government has consistently maintained in respect of the detention of Mr Hicks.

But it is fair to say that the problems of delay are a matter of concern to us. The latest stay, which was made some time ago, as Senator Allison would be aware, is the result of an application by Mr Hicks himself. In November 2005, the United States district court granted a stay of Mr Hicks’s military commission proceedings. The stay is likely to remain in place until the United States Supreme Court issues its final decision in the case of Hamdan v Rumsfeld. Earlier delays in Mr Hicks’s trial were caused by continuing challenges in the United States domestic courts as to the legality of the military commission process by the United States domestic courts.

The government is aware that amendments to the United States National Defence Authorisation Act may affect the rights of foreign detainees to appeal to the United States federal courts. The amendments provide that the United States Court of Appeals for the District of Columbia Circuit has exclusive jurisdiction to hear appeals from any final decision issued by the military commission. At this stage, it is unclear what effect these provisions will have on the current Supreme Court proceedings or Mr Hicks’s military commission. As to Mr Hicks’s application for United Kingdom citizenship, the government takes the view that that is entirely a matter for Mr Hicks and the United Kingdom government.