Right: NSW Premier Barry O'Farrell: " ... every respect for various religions and beliefs, but when it comes to enforcing the law the police should be given adequate powers to make a clear identification".
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Arguments supporting the removal of burqas
1. The police should be able to make an identification of crime suspects
It has been argued that making accurate identifications of crime suspects is important if police are to do their jobs properly and protect the community from criminals.
In an opinion piece published in The Punch on July 5, 2011, Anthony Sharwood stated, 'Whether you're talking about sunglasses, helmets or a niqab, there are times when items need to be removed so police can do the jobs we all pay them to do.'
An editorial published in The Australian on July 7, 2011, states, 'At question here is the right of police to identify people for security purposes or in order to investigate alleged breaches of the law. This right has always been implicit in our law enforcement practices and we would have it no other way. If police are to have any authority or effectiveness, then they must have the ability to check and verify the identity of the people with whom they speak.'
New South Wales Attorney-General Greg Smith has stated that there was a duty on all citizens to identify themselves when asked by police and the law should reflect that.
2. Current laws are not adequate to ensure the identification of those suspected of a crime
New South Wales police and political leaders have indicated that the laws in their state had not previously given police sufficient power to deal with Muslim women suspected of committing more minor crimes. Both New South Wales and Western Australia have indicated that while their laws gave police officers the power to have Muslim women remove their face coverings if they were suspected of committing a serious offence, the position is less clear if a Muslim woman wearing a burqa were suspected of committing a more minor infringement.
Under their former powers New South Wales police did not have the power during routine car stops, or for other minor matters to ask a Muslim woman, or any other person, to remove their face covering. The New South Wales Police Commissioner, Andrew Scipione, had stated that police in his state needed stronger powers to identify women who wore full facial veils. The Commissioner has stated, 'We need to take action to close this potential loophole and strengthen police powers to demand identification.'
Rob Johnson, the Western Australian Police Minister, has stated, 'I'm concerned at the idea of police not having the power to request drivers to remove helmets or other face coverings for ID purposes at the roadside.'
3. Religious toleration should not stop the identification of crime suspects
It has been argued that a desire to protect the religious freedom of expression of some groups cannot be allowed to interfere with the police as they perform their duties. Those who hold this view argue that religious toleration cannot stand in the way of community safety and the proper conduct of law and order.
The New South Wales premier, Barry O'Farrell, has stated, 'I have every respect for various religions and beliefs, but when it comes to enforcing the law the police should be given adequate powers to make a clear identification.'
A similar point has been made by a spokesperson for the Islamic Friendship Association of Australia, Mr Keysar Trad. Mr Trad has stated, 'The security of the country and general law and order take priority over issues of choice of this nature.'
George Williams, Professor of politics at the University of New South Wales, has stated that while freedom of religion in the Australian Constitution does not apply to state laws, even this constitutional directive would find it hard to overturn legislation based on legal identification.
A Herald Sun editorial, published on June 22, 2011, stated, 'What are the police to do? The laws of the road must be the same for all. Burqas are no excuse.'
4. The police will use their increased powers appropriately
Repeated assurances have been given that police would use their increased powers with sensitivity. It has been claimed that police are trained to be aware of the cultural sensitivities of the different groups that make up the Australian community and that they will, therefore, use their increased powers regarding the burqa in a way that will not give offence to Muslim women.
In an editorial published in The Australian on July 7, 2011, it was stated, 'It should go without saying that these police rights should be exercised wisely, with appropriate restraint, and respect cultural sensibilities insofar as they do not infringe the rule of law.'
The New South Wales Police Commissioner, Andrew Scipione, has further stated, 'It comes down to trust. People need to trust us. We are not in the business of trying to exploit some racist position, because that is counter-productive to the community.'
5. The law is not discriminatory as all face coverings, not only burqas, must be removed
It has been pointed out that the new law in New South Wales and the law proposed for Western Australia are not discriminatory as they apply to all face coverings, not only those worn be Muslim women.
The New South Wales premier, Barry O'Farrel, has stated, 'I don't care whether a person is wearing a motorcycle helmet, a burqa, niqab, face veil or anything else, the police should be allowed to require those people to make their identification clear.'
Pru Goward, shadow minister for women, and community services and a former federal Sex Discrimination Commissioner has stated, 'Let's have an open face policy in shops and at security points that applies to burqas, cloaks, bike helmets, outsized sunglasses and anything else that makes identification difficult. It is not discriminatory, it is safer and applies to everyone.'
6. Muslim leaders have accepted the new law
A number of spokespeople for the Muslim community in Australia have accepted the need for the revised laws.
Islamic Friendship Association of Australia chairman Keysar Trad stated, 'We understand that if police stop someone and they need to identify them then they should be able to, provided there is a legitimate reason to stop them.'
Waleed Aly, a lecturer in politics at Monash University and a former member of the executive committee of the Islamic Council of Victoria has stated, 'I don't have a problem with them [the proposed new laws] in principle. It's hard to resist the idea that police have the right to confirm a person's identity.'
An Australian editorial published on July 7, 2011, stated, 'Representatives of the NSW Muslim community have reacted sensibly to the proposed new laws, showing a good deal more maturity on this matter than a number of so-called human rights lawyers and one or two activists. It is clear that mainstream Muslim leaders understand the requirement to verify identity and have represented their communities well by publicly endorsing the changes.'