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Tag Archives: Scott Morrison

Morrison’s Dilemma

Within a comparatively short space of time, we are starting to see our new Treasurer’s ‘modus operandi’ toward economic reform.

Scott Morrison’s recent claim that eight out of ten income tax payers fund our total welfare payments, is a poor attempt at shock therapy, not well thought through and in that horrible world of political comparisons, a dumb way to get the community onside.

It would seem Scott Morrison only knows one way to approach a difficult problem and that is to fire off a broadside, see what it achieves and then begin the tough work of negotiation and compromise. On this occasion, using the old Joe Hockey style of placing his foot in his mouth, Morrison’s comment was not a good way to start.

Selecting individual elements of revenue raising to match a particular expense item is a lazy way to signal target areas where spending cuts might be on the agenda and is, in the overall analysis, quite useless. In this case Morrison uses the 2015-16 budget to compare spending estimates on welfare of $154 billion with personal income tax revenue estimates of $194 billion to fuel his broadside.

One would think any secondary school student could do something similar; cherry picking and coming up with what are totally useless comparisons. One could use the company and resource rent revenue estimates of $71.2 billion and compare that with the estimated spending of $69.4 billion on health. But what relevance does that have?

It seems pretty clear from Morrison’s statement that he wants to find savings in welfare expenditure. Depicting the poor, long suffering taxpayer from Middle-Income Street, in Plain Town, as the one shouldering the welfare burden, might appeal to the lowest common denominator, but it ignores the reality.

All government revenues go into the Consolidated Revenue Fund. In some cases, specific revenues are raised for specific purposes such as the fuel excise being used for only for roads. But this is rare. Income tax revenues have no such specific purpose and to relate them directly to welfare payments, as if to say this is where your money is going, is wrong.

But what is Morrison really up to? He has earlier told us that we don’t have a revenue problem, only a spending problem. He bases this on the increasing ratio of spending to GDP compared with a lower ratio of revenue to GDP. In doing so he is ignoring 50% of the problem. A higher revenue ratio would also reduce the spending ratio.

henryIf we accept former Treasury Secretary Ken Henry’s assessment that both revenue and spending should, over a given cycle, be 25% of GDP then it is clear both areas need to be addressed. Attacking spending in isolation will lead to a contraction in the cycle which, by a strange coincidence, is exactly what we are experiencing now.

But Liberal ideology limits Morrison’s choices. Raising taxes is anathema to their sense of justice and fair play. They would rather lower taxes, particularly for their corporate friends. They would rather strangle Union power, limit wage growth and cut back on welfare. It is the opposite of what they should be doing.

Higher wages means higher tax revenue, greater demand for goods and services, higher GDP which translates to a higher living standard for all. The one exception is that company margins are lower. So what? Additional demand compensates for that. The present Liberal ideology is framed with blinkers on, unable to see the bigger picture.

jobsThis is Scott Morrison’s dilemma. For as long as he maintains this blinkered approach to growing our economy, he will fail to capitalise on the power of demand side economics. And he will continue to preside over a seriously under-utilised workforce and lower than could be realised revenues.

Under Morrison’s management, deficit spending is destined to become the norm, not that there is anything wrong with that, provided it translates to higher employment. At the moment it is not.

 

Has anything changed? Not judging by the comments

While many Australians, and no doubt the rest of the world, are still breathing a collective sigh of relief at the deposal of Tony Abbott, his supporters are still smarting and licking their wounds. Abbott himself is still pretending to not wreck, not snipe and not undermine, by telling his supporters he could still have won the election, while those within Abbott’s camp have conveniently forgotten Abbott’s own overthrow of Turnbull not even a decade ago, albeit as leader of the opposition.

Malcolm Turnbull is by far more popular than Abbott. A jump in the polls after Turnbull ascended to the top is a pretty clear indication that Abbott as leader was the problem. Even a commitment to retain the most odious of Abbott’s policies has not dampened Turnbull’s popularity. Likewise, Andrew Hastie’s easy win in the Canning by-election after the coup was a good indication that the Coalition’s policies were not the problem for most people – the problem was Abbott.

Despite Turnbull now giving the Coalition a fighting, and likely, chance of winning the next election, Abbott’s supporters are still coming out hard. With the Liberal party effectively split in two for loyalty, diehard Lib fans continue to fiercely support Abbott’s legacy. As a result, they are reminding Australian’s of what the Coalition stands for, regardless of leader. Consequently, Australian’s cannot forget that the same party is in charge and nothing has really changed.

On Saturday, 3 October 2015, Malcolm Turnbull (or his staff) posted a rather innocuous photo and caption on his Facebook page, to which I replied. Some of the responses to my light-hearted comment serve as a reminder of the sheer ignorance and wilful deceit of the Coalition rhetoric and propaganda.

Turnbull’s initial Facebook post which prompted my comment was not remarkable. It was rather normal and not the slightest bit inflammatory. It hardly gave the impression of aiming to boost Turnbull’s standings in the polls, nor indicated a desperate attempt to show Turnbull leading the nation as a humble servant.

The post showed a photo of Turnbull with actor Chris Hemsworth, with the following words:

“Good to meet Chris Hemsworth today – talked about the contribution of the creative sector to our economy. But a bit weird he insisted on me calling him Thor“.

My comment, intended as a light-hearted comparison to what we had come to expect was:

“I can just imagine Tony Abbott’s caption to this photo, ‘Good to meet Chris Hemsworth today – talked about the contribution of the creative sector to our economy. He told me I could be a god just like him because of my superpowers stopping the boats’.”

This sparked an immediate tirade of misinformation, absurd assertions and a litany of personal abuse. Clearly critical thought and fact checking are not considered necessary for the diehard Liberal supporters.

The obvious response, and one of the most perpetuated lies of the Federal Government was that Abbott did indeed stop the boats.

“He did stop the boats as promised.

Granted, he stopped any boats landing on Australian shores, but he did not stop the boats. The Commonwealth has openly admitted that 20 boats were prevented from landing on Australian territory up until August 2015, and the Government has never refuted that it paid people smugglers to turn a boat around. If the boats had actually stopped there would be no need to turn them back.

Abbott cannot even claim credit for the massive reduction in boats leaving Indonesia: the credit belongs to Kevin Rudd II and his hard-line asylum seeker stance just before the 2013 election, where he declared no person arriving by boat would ever be resettled in Australia.

One response on the post demonstrated complete ignorance of Coalition policy and spending, saying:

“So you would rather pay for illegals than pay for what Australians need like bigger pensions better child care education etc etc. fix our own because no one else will, would or could!”

Ignoring the fact that it is not illegal to seek asylum, the Federal Government currently spends $1 billion a year on offshore detention. It also intends to cut pensions. Extra childcare funding is reliant on cutting family payments, leaving thousands of families worse off. New Treasurer, Scott Morrison has also announced that the Coalition is pushing for privatisation of health and education. It seems pretty obvious that the Government has a very clear intention to spend billions on arbitrary detention, and as little as possible on the Australian family.

Another poster astutely remarked:

“Eva is so far from the left she could probably fall over, let me guess your against offshore detention you probably believe in global warming. … I bet Eva is also against Christianity and private education.”

This disturbingly amusing ‘insult’ is a perfect example of the ignorance of the typical Coalition supporter. Apart from the billions of tax dollars currently used to arbitrarily detain asylum seekers and refugees, including young babies, it is laughable that someone would attempt to use the situation to cast aspersions on my character given the offshore detention regime supports rape, sexual assault, and physical abuse. A growing list of people are calling for the detention centres to be closed, on top of a Senate Committee inquiry recommending that children and families be immediately removed from Nauru.

Global warming, or climate change, is a pet hate of the Abbott supporter. With 97% of scientists agreeing that climate change is a serious issue, Australia has been criticised by a UN climate expert for its abysmally low greenhouse gas emissions targets. Despite Turnbull’s previous stance and criticism on the Coalition’s environmental policy, he has indicated an intention to retain Abbott’s laughable Direct Action. No doubt the Coalition supporters found Dutton’s recent shamefully embarrassing climate change ‘joke’ hilarious too.

It’s possible the curious comment on my alleged anti-Christian sentiment comes from the commenter’s observation of a satirical anti-radicalisation meme on my Facebook page: ‘Case Study: Jesus of Nazareth’. The meme describes Jesus as a ‘radical’ who left his loving family, was tempted by Satan, attempted to recruit followers, went against the Romans and the priests, and was ultimately hanged with thieves. Clearly the irony of this meme would be lost on most Coalition supporters, who would consider Karen, the alternative music loving, political activist, and environmentalist a genuine threat to their conservative, capitalist ideals.

Despite the overwhelming majority support of the Coalition and conservative politics within the mainstream media, Australians now source most of their news online, with a recent survey finding that 59% of people access news on their smartphones and 48% relying on Facebook. While there is no real evidence that the mainstream media in general has anything more than a muted influence over an actual election outcome, the use of social media to access the news provides a new opportunity for all political stances and ideologies to share facts, lies, and opinions, whether informed or not.

A recent Nielson report found that approximately 13 million Australians (over 50% of the population) are active users of Facebook every month. The information also shows that on average, 60% of those that discover new information on Facebook will go on to learn more. Equal numbers of people reportedly use YouTube, with around a quarter of the population using WordPress.com and approximately 11% using Twitter.

With the rise of the use of social media, and the use of the same by the ill-informed, it is crucial that Australians who care about human rights, who believe in equality, and who deplore the dehumanisation of anyone other than white, middle-class, privileged Coalition party members and their friends, continue to speak out and demand accountability.

Turnbull’s new leadership will bring with it some changes, but not enough if Australia is to reach the standard expected of a Western democracy in the 21st Century. Abbott returned Australia to the 1950’s with his personal ideology, and medieval times in more than one policy. However, as Abbott so kindly pointed out, “Border protection policy the same, national security policy the same, economic policy the same, even same-sex marriage policy the same, and climate change policy the same. In fact, the rhetoric is the same…” under a Turnbull leadership.

Turnbull may be popular, but the Coalition remains the same.

 

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A Political Watcher’s Pig Heaven

Over the last two years a number of articles have been written here at the AIMN about tax expenditures and the need to rein them in if the economy is going to reflect a more even distribution of the wealth.

I couldn’t count the number of times mainstream journalists had put the question to former Treasurer Joe Hockey and Finance Minister Mathias Cormann.

I cannot recall the number of leading economists that have also added their voice to the need for reform to end the waste of concessions to superannuation, negative gearing, the mining industry and capital gains.

But I know there have been many.

Yet for two years, Hockey and Cormann defended their decisions not to touch these sacrosanct areas of welfare for the wealthy at the expense of the average worker.

It was the elderly, the low paid and the sick who were told to pull their belts in, stop leaning on the rest of us and pay more for health care while receiving less in retirement.

Yet, five minutes after both Tony Abbott and Joe Hockey are given their marching orders and despite Mathias Cormann miraculously holding on to a job he is not very good at, the government has finally agreed these areas of obscene generosity can be now be looked at. What has changed?

mitchellFormer PM Tony Abbott did the rounds of his favourite shock jocks last week to vent some of his angst about the treachery he experienced from within his cabinet that resulted in his overthrow. He has made a point of saying nothing has changed. It would seem he hasn’t looked very far.

This week’s summit, both called for and chaired by Malcolm Turnbull, was a big change. The summit was a means of getting stalled reform initiatives back on the table.

Business groups, unions, welfare and social groups all got to have a say, with the notable exception of the Institute of Public Affairs (IPA), Abbott’s favourite policy spruiker.

So, some things have changed.

It is inconceivable that Turnbull will not try for further, more substantial changes. The difficulty he faces is the hard right wing of the party who reluctantly allowed him back as leader.

They still don’t trust him. They think he is a Labor stooge, a socialist at heart, one who needs to be watched very carefully.

This lack of trust, this suspicion from the Right that Turnbull is not one of them will continue to undermine his agenda for Australia.

If the Right succeeds in holding him back they will stall the nation’s ability for genuine economic recovery and frustrate the voters.

Under Abbott, the Liberal Party made a hard turn to the right on practically everything. Turnbull wants to bring it back to the centre. In doing that, he risks both alienating an important support base within the party as well as making the party appear no different from Labor on issues that matter to the voters.

The Australian voter will generally go along with either party on foreign policy, immigration and national security. Their main interest is in education, health, climate change and the economy.

Thus far, both parties have no answer to what is perceived as spiralling debt and ongoing deficits. The next election will be fought on these four issues.

The new treasurer, Scott Morrison has already blotted his copy book claiming we only have a spending problem. He is wrong, of course, but the mere fact that this was his opening salve doesn’t look good for his, or the government’s, credentials as economic managers.

In the meantime, Labor will always trump them on climate change, education and health. The next twelve months will be a political watcher’s pig heaven. Can Labor convince the electorate that they were better at running an economy?

Can Turnbull build a consensus between the unions and industry while keeping welfare groups happy? Can he convince anyone that Direct Action is not a waste of money?

One thing is certain. The bad air, the despondency, the feeling of being dragged back into the middle of the last century has passed. We have been liberated from the threat of a recurring dark age. No longer are we embarrassed, ridiculed and portrayed as recalcitrant dimwits from down-under.

For that I’m grateful, but I suspect the turbulence for change within the electorate is going to make life inside the Coalition a smouldering keg of discontent that threatens to explode at any time.

 

Are some solutions just too easy?

Does it seem to anyone else that we are in election mode?

In reality, we are always in election mode but both sides seem receptive to ideas at the moment so how about we revisit the extra 58 fighter jets Tony ordered in his first flush of having the keys to the Treasury.

In 2002 John Howard went to the United States and signed Australia up in the early stages of development of the Joint Strike Fighter.

In 2009 it was a Labor government that ordered the first 14 of the aircraft for Australia.

In April 2014 Tony Abbott announced Australia would acquire another 58 Joint Strike Fighters at a cost of around $90 million per plane; $24 billion has been budgeted to purchase and operate the aircraft until 2024.

And while we are at it, do we really need 12 new subs?

In February the Defence Minister said the project will be worth around $50 billion.

Has anyone noticed that we don’t have long range bombers and aircraft carriers either? If we really want to do undersea work wouldn’t it be better done by robot craft/drones for a far smaller cost?

Wouldn’t subsidising the car industry to make low emission cars, building high speed rail, installing FttP NBN, and investing in renewable energy and sustainable practice all bring more jobs and a better return than war toys? The shipyards could build research vessels or hospital ships or cargo vessels – you know, constructive things.

Wouldn’t lifting people from poverty and investing in health, education, and affordable housing be of more benefit to our society?

Wouldn’t investing in childcare and aged care be better than investing in warfare?

Research and foreign aid are surely more important?

Come on Malcolm…think of all that extra money. Think of the jobs that could be created. Scott…you could be a hero. Can we please consider this very easy way to solve so many problems?

 

Pollution and bombs or hospitals and schools?

Scott Morrison has said he wants to hear from anyone with ideas on how to cut government spending.

Here’s a few.

Fossil fuel subsidies

The OECD said its 34 members plus six of the biggest emerging economies – China, India, Brazil, Indonesia, Russia and South Africa – were spending up to $200bn a year supporting the consumption and production of coal, oil and gas.

That’s twice as much as was needed to meet the climate-finance objectives set by the international community at climate change summits, which have set a target of mobilising $100bn a year by 2020.

Defence spending

In the 2015–16 Budget, the Government reaffirmed its commitment to growing the Defence budget to two per cent of GDP within a decade.

The Government will provide Defence with $31.9 billion in 2015–16 and $132.6 billion over the Forward Estimates.

That does not include defence materiel whose 2014-15 Budget Estimate was $12.6bn. Why do we need strike force capability? I would have thought a car industry would be a better investment than at attack force.

We have just signed a $665 million contract for a new “telecommunications provider to the battlefield that will increase flexibility and interoperability in the field, giving commanders increased capability to share information and increased responsiveness. “

Meanwhile the rest of us endure copper broadband and mobile blackspots.

Politicians’ entitlements

At about half a billion dollars a year, this is one area that can surely come up with some savings and, considering recent scandals, would be well received by a cynical public.

It should not cost half a million to fit out an office. Use telecommunications more rather than flying hither and yon for a chat and a photo. Build an accommodation wing at Parliament House and save on comcars at the same time. Family reunions should be paid for by the family. Catch commercial flights rather than summoning private jets. And stop wasting so much money on spin doctors.


The hundreds of billions shelled out for these things do nothing to improve productivity so let’s get genuine about looking at the benefit for what we spend.

Pollution and bombs or hospitals and schools?

 

Morrison heading down the wrong path

Watching Scott Morrison’s interview with Leigh Sales, on 7.30 Wednesday night I was hoping to hear something…anything that indicated that he possessed a better grasp of the economy than his predecessor. Sadly, all I heard was a lot of waffle, a collection of weasel words, the usual spin and a refusal to look at what is 50% of a balanced economy, i.e. revenues.

Raising taxes, he said, was code for increased spending. He did not agree that the economy has worsened despite Leigh Sales listing the comparison figures on unemployment, the exchange rate, GDP growth, the deficit and the debt, all of which clearly identified a worsening position since Labor left office.

He talked about getting people back to work, how good it was to see the participation rate rising. But there was nothing about job creation, where the jobs for 780,000 participants would come from or how the 156,000 job vacancies could be improved. There was no plan.

The Treasurer was already in denial about the comparative state of the economy and he was already looking away from where the real problems are, away from the point where he needs to begin his much anticipated restoration.

Prime Minister Malcolm Turnbull has made his first serious mistake. He has committed his government to continue with the failing austerity measures introduced by Joe Hockey in an attempt to bring the budget back to surplus.

If he is setting Morrison up for a gigantic fall and using that as a reason to change tack, to move away from this obsession for a budget surplus and embark upon a demand driven economic recovery via a stimulus, it isn’t going to happen soon.

Therein lies the problem.

The focus on government should not be on the deficits but on the prosperity and inclusion that full employment delivers. People are easily frightened by fairy tales of terrible consequences when new ideas are presented. That sense of fright is driven by a lack of education that leaves people unable to comprehend how the economy actually operates.

Deficit budgets will not bring about terrible consequences. Properly targeted, they will increase employment, tax revenue, drive demand for increases in production, higher wages and better living standards.

Neo-liberals magnify the fear of terrible consequences, by demonising what are otherwise sensible and viable explanations of economic matters. They know that by elevating these ideas into the domain of fear and taboo, they increase the probability that political acceptance of the ideas will not be forthcoming. That is what I suspect Morrison will do.

Morrison has demonstrated already he is no more up to the job than Joe Hockey. If he thinks we have a spending problem he is heading down the wrong path. We have a revenue problem clearly identified by excessive tax expenditures.

Morrison’s announced strategy advances the neo liberal ideological agenda: present simple “truths” guiding government fiscal policy and the public will accept it. Neo-liberals have vested interests in ensuring that the public does not understand the true options available to a government that issues its own currency.

neoThey present these simple “truths” by advancing a sequence of myths and metaphors that they know will resonate with the public and become the ‘reality’. Myths such as, “the country will go broke,” or “we simply can’t afford it,” or “we must live within our means.”

That last myth is the most dishonest of them all because it projects the image of a household economy which, in the case of a currency issuing government, is simply false.

Morrison acknowledges the level of Government spending has not fallen during the Coalition’s term in Government. “Expenditure as a percentage of GDP is over 26 per cent, which is where it was at the height of the GFC,” he said. “This is not something that we believe is sustainable.”

Government spending is as high now as it was during the height of the GFC and increasing. And so it should. In the June quarter, government spending was the only reason we avoided a quarter of negative growth. That fact alone should be ringing bells, but it isn’t.

Ideally expenditure as a percentage of GDP should be around 25%. But there are two ways to tackle that. One is to raise revenues, the other is to restrict outflows, which doesn’t necessarily mean spending.

In the current economic climate it seems no government has the courage to increase taxes. However, restricting outflows without cutting direct government spending can be achieved quite easily.

Tax concessions on capital gains, negative gearing, superannuation and mining subsidies are at obscene levels. They blatantly favour the wealthy. This is where Morrison needs to concentrate his efforts. If he fails to recognise this obvious area of savings he will be of no better value to the country than Joe Hockey.

That is why, for the economy to climb out of the mire, Malcolm Turnbull needs to reverse government fiscal policy. He can no longer rely on the RBA to restrict aggregate spending. Interest rates are now so low, going lower won’t work anymore.

He needs to rebalance the scales. Current tax expenditures weigh too heavily against tax revenues. Superannuation is not an economic driver any more than capital gains. Negative gearing inflates both the property and rental markets which in turn reduces disposable income.

Raising taxes is not a code for spending? As a confidence builder, it was not a great start from the new Treasurer.

 

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We’ve swapped nope for hope but has anything else changed?

With less than a year to the next election (probably), it is hard to see what Malcolm Turnbull can do to turn the Titanic around.

Certainly voters disliked Abbott, but that wasn’t just because he was him (though I must admit that played its part). Malcolm will need to come up with some policy changes.

The positive rhetoric is a pleasant change and it gives a sense of hope which is good, but it’s like “stop the boats” – ok, good, and then what. Stopping the boats does nothing to help the refugee crisis any more than being optimistic addresses our economic challenges.

Already we have learned that Malcolm has signed a written promise to the National Party to never put a price on carbon while he is PM. Didn’t he learn from Gillard how those promises can come back to bite you? Bad judgement to make assurances like that.

Pretty much everyone in business knows that pricing carbon is inevitable. What they want is policy certainty so they know how to proceed.

Malcolm has agreed to a plebiscite on marriage equality which, in result terms, is probably a good thing because if our current Parliament was to vote, it appears they would vote against it despite the overwhelming majority of the public being in favour according to every poll. But why can’t it be at the same time as the federal election? Are we really that blasé that a cost of $100 million is not taken into consideration?

Christopher Pyne, despite conjecture that he will have a new role in the Turnbull Ministry, went ahead with announcing his new education policy which smacks of ideology and bureaucracy rather than student need.

Barnaby Joyce has been given control of water. Who can tell what that might mean? Oh for an environment minister that didn’t have the courage of the puppy in the window, or a science minister who would listen to the CSIRO in preference to Barnaby’s special friend, Gina Rinehart.

Malcolm’s record on the NBN has been shameful. Will he persist when his own people are wishing out loud that the multi-mix technology approach would just go away because the promises cannot be met?

The doctors have no doubt been on to Malcolm about the freeze in Medicare payments and other proposed changes. Will the $20 billion medical research fund go ahead?

It will be an interesting mix of egos having Turnbull and Morrison working together. Turnbull might want to go for an early election to validate his leadership while popularity is high. Morrison might want to make his mark by producing the budget that saves the world – then again, he will have to explain away growing debt, deficit and unemployment so may well want to avoid that challenge before an election.

Will Morrison display the same steely determination towards taxation reform that he did to repelling asylum seekers? Will the price of reform be borne by low income earners or will tax concessions be back on the table?

I know it has only been a few days but the early signs have not been promising. One symbolic announcement would have been enough to keep us going like when the Whitlam government in its very first week removed sales tax from the contraceptive pill and made oral contraceptives available via the Pharmaceutical Benefits Scheme.

Give us a sign Malcolm. You’ve made promises to the Nationals and to the right wingers . . . how about some promises to the Australian people? Something . . . anything that reassures us that we haven’t just swapped the word nope for the word hope.

 

Christopher Pyne’s Greatest Hits of 2015: Winner of the People’s Choice Snoutie

It’s official. The people have spoken. Christopher Pyne has won the inaugural People’s Choice Snoutie.

Voting for the People’s Choice Snoutie Award kicked off last weekend, and closed yesterday. For a while Senate Leader Eric Abetz was a serious contender for the title – but Pyne, like the poodle with a bone that he is, took the lead fairly early on and eventually streaked ahead to claim victory by a significant margin.

The Inaugural ‘On the Snout’ Awards

OnTheSnoutDefinitionIn case you didn’t catch last week’s ‘unbiasedly’ prestigious and soon-to-be coveted ‘On the Snout’ awards – here’s a quick run-down on what you missed.

The On the Snout awards – or ‘Snouties’ – are named after recently retired U.S. political satirist Jon Stewart, who in his last show exhorted his viewers to be vigilant in watching out for bullshit, saying “if you smell something, say something”.

There was plenty to smell in Canberra in the last parliamentary sitting fortnight – and so the ‘On the Snout’ awards were created. The inaugural awards went to four worthy winners:

  • The David Copperfield Magic with Numbers Award – went to Joe ‘Eleventy’ Hockey
  • The George Orwell 1984 Award – went to Peter ‘PDuddy’ Dutton
  • The Dragon Slayer Award – went to Chief of Lawfare, George Brandis
  • The Golden Snoutie Award – the most coveted award of all – went to Snout in Chief, Tony Abbott

(Read more about how each of the above award winners won their awards here.)

The People’s Choice Snoutie

While the winners of these four key awards were announced last week, there was still one award for the last parliamentary sitting fortnight left to be decided – the People’s Choice Snoutie.

PeoplesChoiceSnoutieTranswithSAs its name suggests, the winner of this award is chosen by the people of Australia who were asked to vote for “the member of the LNP cabinet (other than Tony Abbott) who has been the most ‘on the snout’ over the last fortnight“.

And like the well-informed electors that we are, the people of Australia voted. With well over a thousand votes cast, we can be fairly certain that the people have picked the LNP cabinet member most worthy of this award.

And the winner is . . . (drum roll please) . . .

Christopher Pyne [Sound of applause]

Christopher Pyne’s win is particularly impressive since he was not actually present in the second week of the last parliamentary sitting. And in week one, other than some press around his expense claims – particularly around spending $5,000 to fly three members of his family to Sydney for New Year’s Eve in 2010 – he was on the periphery of key events rather than being at the centre of them.

So how did Christopher Pyne win the much coveted People’s Snoutie award?

The answer is fairly simple – Pyne started the fortnight with such a high level of snoutiness, that even a fairly low profile over that two week period was unable to dull exactly how ‘on the snout’ he is. This is perhaps best expressed by an insightful quote from The Shovel a few months back:

Being massively annoying and effectively wearing people down until they agree with him is Christopher’s strong suit.

In Christopher Pyne’s own words:

You couldn’t kill me with an axe. I’m going to keep coming back.

It’s this level of commitment to snoutiness that was a key part of why Christopher Pyne won the inaugural People’s Choice Snoutie this week.

So let’s revisit some of Christopher Pyne’s greatest hits this year, which led to him winning this award.

Christopher Pyne’s Greatest Hits for 2015 (the story so far . . . )

Education reform – it’s all about the money

Pyne’s so-called ‘Education Reform’ legislation is undoubtedly his number one hit for the year – and a continuing chart-topper from 2014. Its title suggests that he is doing something to improve the way we educate. But not so much. In fact the only thing the Bill is seeking to reform is the way that higher education and research are funded – he’s effectively doing Joe Hockey’s work for him. But reform is a much nicer word than ‘taxation’ – making it easier to package up this pile of snoutiness for an attempted sale.

But unfortunately for Pyne and his LNP colleagues – nobody is buying it. The draft Bill has been knocked back by the Senate twice already. Further, both Australia’s top universities and one of the experts who provided input to the design of the original Education Reform Bill say the proposed Bill is fixing a problem that doesn’t exist while leaving the real issues unresolved – suggesting even more that the Bill is primarily a revenue-raising exercise by the government rather than actual reform – and definitely on the snout.

The Black Knight of Snoutiness

It was Nick Xenophon who first pointed out our People’s Choice Snoutie winner’s similarities to the Black Knight in Monty Python’s Holy Grail:

Just like the Black Knight, Pyne keeps on keeping on with his much-on-the-snout Bill, despite the disdain almost everyone else has for it. Which brings us to . . .

Taking Research Scientist Jobs Hostage

No-one could forget Pyne’s attempt at a ScoMo tactic back in March this year, when he took 1700 Research Scientists’ jobs hostage. His initial ransom demand was that the Senate must pass his Education ‘Reform’ Bill.

In doing this, he was following Scott ‘ScoMo’ Morrison’s tactic from the end of the previous year, when he managed to get changes to the Migration Act passed by the Senate. ScoMo did this by telling the crossbenchers in the Senate that if they didn’t pass the changes, 150 children would not be released from detention before Christmas. As you may recall, apparently ScoMo even had some of the actual children – who could have been released at any point without the Bill being passed – call Ricky Muir, pleading to get him to pass the bill.

It’s difficult to get snoutier than that.

But Christopher Pyne is always up for a challenge it seems. And so, our first People’s Choice Snoutie winner decided to emulate ScoMo – this time holding Scientists’ jobs hostage, saying:

“There are consequences for not voting for this reform and that’s very important for the crossbenchers to understand. The consequences are that potentially 1700 researchers will lose their jobs.”

Luckily, after significant outrage from pretty much everyone, Pyne magically found the money needed to fund these jobs, and he released his hostages without harm, declaring himself to be ‘the fixer’.

Taking from the Poor to give to the Rich (the Anti-Robin-Hood)

In 2014, Pyne has cut funding to certain state schools and increased funding to a significant number of private schools. Apparently he feels a “‘particular responsibility for non-government schooling’ that [he] doesn’t feel for government schools“.

Magically finding funding for one of Abbott’s Pet Projects

Despite the emergency in university funding, it turns out that there is still money available for one of Abbott’s favourite climate-contrarians – Bjorn Lomborg.

As you may recall, four million dollars was offered to any university who would allow Lomborg to establish a ‘consensus centre’ on climate change – of which up to 70% was to have been spent on promotion, marketing and events. The University of Western Australia was originally going to give Lomborg a home, but withdrew due to strong opposition to the centre. Apparently Flinders University is currently considering whether they will take him and his four million dollars worth of funding on.


Any single one of these entries would have been enough to win Pyne a Snoutie award in the normal run of events. Combined, they paint a picture of a worthy winner of the inaugural People’s Choice Snoutie award.

Take a bow Christopher Pyne – you are most definitely on the snout.

Thanks to all for voting. If you’ve got further examples of Pyne’s Greatest Hits this year that you’d like to share, I’d love to hear your comments below.

This article was first published on Progressive Conversation.

 

Et tu, Scott?

Considering how smug Scott Morrison is looking lately, it is somewhat ironic that it was Joe Hockey that gifted him his first government “snout in the trough” job.

Hockey was tourism minister and Morrison was the state director of the NSW Liberal Party. In 2004, in an act of blatant croneyism, Hockey gave Morrison the $350,000 a year job as chief executive of Tourism Australia where he was responsible for the “Where the bloody hell are you?” campaign.

The nine members of the board complained that Morrison did not heed advice, withheld important research data about the controversial campaign, was aggressive and intimidating, and ran the government agency as if it were a one-man show.

Fran Bailey, Hockey’s successor as tourism minister, apparently despised him but Morrison was confident that John Howard would ultimately back him. He reportedly boasted that if Fran Bailey got in his way, he would bring her down. When board members called for him to go, however, Bailey agreed, and it was Morrison who was sent packing. An industry insider said “[Fran’s] one big win was ousting Scott. His ego went too far.” The “agreed separation” was said to have pocketed him at least a $300,000 payout.

When Bruce Baird decided to step down from the seat of Cook, Morrison ran for preselection but was not backed by either faction in the Liberal Party and received just eight votes. Michael Towke, a Lebanese Christian from the right faction, won. Four days later, amid allegations of branch stacking, Towke became the victim of a smear campaign, with a series of damaging personal stories leaked to the Daily Telegraph who, after a legal challenge, later offered an out of court settlement for their defamatory slander.

The upshot of the smear campaign was that the NSW state executive refused to endorse Towke’s nomination, and demanded a second ballot. The beneficiary was Scott Morrison, a cleanskin in the factional fight, who was parachuted in as a unity candidate even though local party members initially rejected him, partly because he was considered insufficiently right wing.

In the 2007 election, Scott Morrison was duly elected as the member for the safe Liberal seat of Cook and, when the party lurched to the right under the leadership of Abbott, Morrison cast himself as a central figure in the Liberal fight-back, much to the annoyance of longtimers in the party who grumbled that he was a first-termer in too much of a hurry.

Leaks to the Daily Telegraph said that Morrison argued in shadow cabinet that the Liberals should exploit community concerns about Muslim immigrants. What better way for a first-termer to shore up support in Cronulla than to champion the issue of border protection? One senior Liberal described the one-time moderate’s confrontational approach on asylum seekers as “Supreme opportunism.”

As Nick Bryant put it, “He has become a creature of the capital’s hyper-adversarialism and also of his Cronulla constituents’ parochialism.”

The more publicity that came Scott Morrison’s way, the more hardline he became. So much so that, on the morning when victims of the Christmas Island boat people tragedy were due to be buried in Sydney, he launched an ill-tempered attack on the government for paying for family members to make the long journey from Christmas Island.

Abbott’s lukewarm response was “It does seem a bit unusual that the government is flying people to funerals.” Instead, it was left to Joe Hockey to condemn the remarks: “I would never seek to deny a parent or a child from saying goodbye to their relative.” Then came an acid shower of criticism from party elders. John Hewson called his comments “inhumane”. Malcolm Fraser was scornful: “I hope Scott Morrison is just a fringe element in the party.” More woundingly, Bruce Baird also slapped down his one-time protégé: “I’m very disappointed that Scott would make those comments. It is lacking in compassion at the very time when these people have been through such a traumatic event.”

There is no doubting Morrison’s ambition but will he be content with Joe’s job? Will Tony see the writing on the wall and pass the chalice? Morrison is 11 years younger than Abbott and three years younger than Hockey. His past tends to indicate an arrogant self-belief, and a willingness to exploit any means, that makes him a man that we should all regard with a great deal of caution.

 

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No word from our Freedom Commissioner about offshore detention

When George Brandis gifted the IPA’s Tim Wilson the high paying job of Human Rights Commissioner for Freedom despite his qualifications being “woefully inadequate”, he said it was to “restore balance”, believing that the HRC was too focused on discrimination.

Senator Brandis said Mr Wilson was ”one of Australia’s most prominent public advocates of the rights of the individual”.

But apparently that advocacy does not extend to the rights of asylum seekers illegally incarcerated by this government.

When the HRC produced their report on children in detention, the government’s response was to launch a very personal attack against Gillian Triggs.

Tim Wilson’s response was to say “I’m not going to get involved in fuelling the debate around this report.”

So what the hell is our freedom commissioner there for?

When reports of rapes and the sexual abuse of minors on Nauru surfaced last October, Scott Morrison’s response was to sack the people who made the allegations public and to report them to the AFP on the basis of “an intelligence report” by the security company running the detention centre that claimed it was “probable” that staff were coaching asylum seekers to manufacture situations where evidence could be obtained to pursue a political and ideological agenda in Australia.

“I have been provided with reports indicating that staff of service providers at the Nauru centre have been allegedly engaged in a broader campaign with external advocates to seek to cast doubt on the government’s border protection policies.”

Whilst saying “the allegations of sexual misconduct are abhorrent and I would be horrified to think that things of that nature have taken place,” Morrison seemed far more interested in pursuing the messenger and commissioned former integrity commissioner Philip Moss to conduct an independent review.

Released late on Friday after news of Malcolm Fraser’s death, the report found no proof of misconduct by the Save the Children staff, 9 of whom are now preparing to sue. I would suggest they have a far stronger case than Joe Hockey so if he wants to set a $1 million precedent, this could cost the government a lot of money.

The report, which the government has had for a month, did however detail many allegations against the security guards and the fact that 12 of them have been dismissed so far.

Mr Moss found compelling evidence that at least three women have been raped inside the detention centre and raised concern that sexual assault is likely to be under-reported due to a climate of fear and detainees worrying about their future refugee status.

“The review became aware of three allegations of rape (two female and one female minor), one which the Nauruan Police Force is investigating and two which the victims do not want to pursue by making a complaint. These allegations are concerning. They are also concerning because two of the victims do not feel able to bring forward these allegations to relevant authorities,” the report states.

Immigration Minister Peter Dutton said “Nauru would work to solve problems highlighted.”

The Australian Lawyers Alliance said the Commonwealth cannot outsource care of asylum seekers and could be liable for a “swathe of future compensation claims”.

“The nature of allegations raised in the Moss Review of sexual harassment, rape, trading sexual favours for marijuana and cigarettes and children being touched inappropriately, if proven, show that the Commonwealth has failed in its duty to take reasonable care of asylum seekers.”

So I went to our Commissioner for Freedom’s page on the HRC’s site to find what he had to say.

Tim Wilson’s latest article on March 11 begins well.

“Behind human rights is the still revolutionary idea that every human being is free and equal, that individuals own their own bodies and should be free to pursue their lives, opportunities and enterprise. Human rights provide the foundation for our liberal democracy, our market economy and our civil society.”

He goes on to say

“the biggest international frontier for human rights is ensuring the legal, social and cultural tolerance of lesbian, gay, bisexual, transgender and intersex people.”

Another article published the same day criticised an advertisement by the Australian Marriage Forum (AMF) against marriage for same-sex couples.

On January 19 he had written an article about Charlie Hebdo and Section 18c of the Racial Discrimination Act and last October he wrote that it was time for the transgender talk.

I could not, however, find one thing about children in detention, or our continuing violation of human rights in offshore detention centres where we are legally liable for detainee’s safety and well-being.

Gillian Triggs, on the other hand, addressed the UN Human Rights Council yesterday.

Part 2: Arise Scott Morrison, Lord Sixwords of Cronulla!

“Consider what kind of power Scott Morrison wanted” asks George Venturini.

Part 2 explores the chilling answers.

Arise Scott John Morrison, Lord Sixwords of Cronulla!

But why Sixwords? Simple: Eine Sprache, ein Gezetz, ein Kultur – translated into ‘One Language, One Law, One Culture’ for the benefit of the ‘boys of Cronulla’, Morrison’s grand electors.

A new Ozymandias

The ‘establishing provisions’ of Morrison’s (and his successor’s) dictatorship are contained into three instruments: the first is the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014. During its iter it was travelling with two other bills, but the former is the most important and fatal to any surviving notion of respect for international treaties and conventions signed by, and until recently nominally abided by, Australia. This Bill, by far the most important, was introduced into the House of Representatives on 25 September 2014, was debated and sent to the Senate on 28 October, there to be debated, agreed to on 4 December, re-sent to the House of Representatives and finally passed by both Houses on 5 December 2014. It was assented on 15 December and is now knows as Act 135/2014.

Two minor bills had also been introduced: the Migration Amendment (Character and General Visa Cancelation) Bill 2014, introduced on 24 September 2014 and passed on 26 November 2014 with Labor’s support. It has not yet received the necessary assent; and another: the Australian Citizenship and Other Legislation Amendment Bill 2014. This was introduced on 23 October 2014, read a second time in the Senate on 25 November 2014. But, in the process, on 30 October 2014, the Senate referred the provisions of the bill immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report. The closing date for submissions was 6 November 2014. The reporting date was 1 December 2014. Four days later no action was reported, yet.

The two companion bills are no less offensive than the first, but the latter is the most pervasive in its subversion of Australian and international law.

Consider what kind of power Morrison wanted: “As an elected Member of Parliament, the Minister represents the Australian community and has particular insight into Australian community standards and values and what is in Australia’s public interest.” the Minister wrote in the Explanatory Memorandum accompanying the bill. “As such, it is not appropriate for an unelected administrative tribunal to review such a personal decision of a Minister on the basis of merit, when the decision is made in the public interest.” The logic is bizarre.

Such breathtaking self-justification could make even the most acute Jesuit blush. And Jesuits do not do that frequently. But they are persistent and this was explainable with the stubbornness of a government the overreach of which on asylum seekers is too frequently frustrated by the courts and which wants now to have legislated a way of circumventing those courts’ judgements.

Briefly summarised in bureaucratese, Act 135/2014 was described as amending the Maritime Powers Act 2013 to: provide clarity and consistency in relation to powers to detain and move vessels and people; clarify the relationship between the Act and other laws; and provide for the minister to give directions about the exercise of maritime powers; as amending the Migration Act 1958 to: introduce temporary protection for those who engage Australia’s non-refoulement obligations and who arrive in Australia illegally; create the authority to make deeming regulations; create the Safe Haven Enterprise Visa class; introduce a fast track assessment process and remove access to the Refugee Review Tribunal (RRT); establish the Immigration Assessment Authority within the RRT to consider fast track reviewable decisions; clarify the availability of removal powers independent of assessments of Australia’s non-refoulement obligations; codify Australia’s interpretation of its protection obligations under the Refugees Convention; clarify the legal status of children of unauthorised maritime arrivals and transitory persons; and enable the minister to place a statutory limit on the number of protection visas granted; and as amending the following acts: Maritime Powers Act 2013, Migration Act 1958, Administrative Decisions (Judicial Review) Act 1997, Immigration (Guardianship of Children) Act 1946 and Migration Regulations 1994 to make consequential amendments.

Scott Morrison had, until 21-23 December 2014, and now the new Minister has unchecked power to decide the outcomes which will affect the lives of asylum seekers and refugees coming to Australia. Act 135/2014 has handed the Minister unprecedented, unchallengeable and secret powers to control the lives of asylum seekers. Decisions cannot not be challenged.

The enactment means that Australia is now no longer obliged to adhere to the Refugee Convention, a treaty that Australia was instrumental in constructing and implementing after the second world war. Australia was, at that time, at the forefront of human rights of refugees. It signed the initial Convention and the subsequent 1967 Protocol.

Australia adherence to these international documents had placed it, until recently, as a ‘good world citizen’ with an agenda to uphold human rights, and, in this case, treat people seeking sanctuary with dignity, fairness and compassion. Refugee law is built upon the fundamental principle of non-refoulement: that is it is forbidden to return a person to a country where they may still be persecuted or tortured. This is recognised by every one of the 147 signatory countries of the Refugee Convention.

Here was Scott Morrison claiming in his inaugural speech in 2008 “As global citizens, we must also recognise that our freedom will always be diminished by the denial of those same freedoms elsewhere, whether in Australia or overseas.” He had just finished saying that he derived his values from his faith: “the values of loving-kindness, justice and righteousness, to act with compassion and kindness, acknowledging our common humanity and to consider the welfare of others; to fight for a fair go for everyone to fulfil their human potential and to remove whatever unjust obstacles stand in their way; including diminishing their personal responsibility for their own wellbeing; and to do what is right, to respect the rule of law, the sanctity of human life and the moral integrity of marriage and the family.”

He had quoted Jeremiah, chapter 9:24 alright, about loving-kindness, justice and righteousness on earth. He had previously praised Tutu and Wilberforce.

In 2014 it was time for a harsh jeremiad from the brutal marketeer: “ … it does not matter whether Australia has a non-refoulement obligations in respect of an unlawful non-citizen.”

This is saying that Australia is now entitled to return an asylum seeker to any country, even the place where s/he has been, or knows s/he may be, tortured or persecuted.

Australia will now follow a new, independent and self-contained statutory framework, and this will have the government’s own interpretation of international law. Australia now regards itself as free from the bonds of the Refugee Convention. Any checks and balances which were previously in Australia’s refugee system have been stripped away, removing basic protections for those who arrive by boat seeking asylum.

New citizenship laws are on the cards, and they will not just affect refugees. The lifting of rights has a corollary: its unencumbered power by the executive.

If any of this seems exaggerated, one should take a close look at the new national security laws. Civil rights, the law and international treaties are only as strong as those upholding them. Once their application becomes arbitrary, they are useless. “Stopping the smugglers”, “stopping the boats” are scant consolation.

Once the Bill reached the Parliamentary Joint Committee on Human Rights it was subjected to the closest examination which resulted in a Report tabled on 28 October 2014.

Human rights considered by the Committee are those defined in the Human Rights (Parliamentary Scrutiny) Act 2011 as the rights and freedoms contained in the seven core human rights treaties to which Australia is, albeit nominally, a party. These treaties are: International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, International Convention on the Elimination of All Forms of Racial Discrimination, Convention on the on the Elimination of All Forms of Discrimination against Women, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Convention on the Rights of the Child, and Convention on the Rights of Persons with Disabilities.

The examining Committee is composed of ten members, five from the House of Representatives and five from the Senate. On the Committee sat three members of the Liberal Party, two members of the National Party, four members of the Labor Party and one of the Australian Greens. The chair was held by one of the Liberal Party members.

In twenty-one pages the Committee was, unanimously, scathing of most of the clauses of the Bill.

It is not possible, and would turn out somewhat pedantic, to examine every proposition put forward by the Committee, but the following should suffice to indicate the extent of the damage inflicted upon ‘law and order’ of which the Coalition considers itself the absolute protector.

The Committee noted that the Bill, once enacted, would “remove most references to the Refugee Convention from the Migration Act and replace them with a new statutory framework reflecting Australia’s unilateral interpretation of its protection obligations.”

Dealing with “Incorporation of international law into Australian domestic law”, the Committee noted that “the measures in Schedules 1 and 5 of the bill engage and limit a number of human rights, including: non-refoulement obligations; the right to security of the person and the right to be free from arbitrary detention; the prohibition on torture, cruel, inhuman and degrading treatment or punishment; the right to freedom of movement; the right to a fair trial; and the obligation to consider the best interest of the child.”

The Committee made specific reference to articles of the seven core human rights treaties.

By removing most references to the Refugee Convention from the Migration Act and “replac[ing] them with a new statutory framework … the bill would … allow Australian domestic law to develop independently from Australia’s obligations under international law.”

The Committee called on the Minister – Morison until 21-23.12.2014 – to provide an advice as to whether the amendments in Schedules 1 and 5 are compatible with the rights listed above.

The Committee strongly lamented that “The proposed amendments to Schedule 1 of the bill expand powers to intercept vessels and detain people at sea, and to transfer people to any country (or a vessel of another country) that the Minister chooses. Further, they exclude court challenges to government actions in this context.”

Having cited several cases considered by the High Court of Australia and reported in 2014, the Committee noted “that the obligation of non-refoulement is considered in international law as jus cogens, which means that it is a fundamental or peremptory norm of international law which applies to all nations, and which can never be limited.” The Committee was taking the strongest objection to such provisions. It concluded that “the proposed implementation of Australia’s non-refoulement obligations through executive action alone, … as a limit on a peremptory norm of international law, and so a failure to comply with the obligation of non-refoulement.”

In the view of the Committee, the proposed amendments in Schedule 1 were incompatible with Australia’s obligations of non-refoulement under the International Covenant on Civil and Political Rights and the Convention against Torture.

As to Schedule 5, designed to amend the Migration Act to set up “a new statutory framework articulating Australia’s unilateral interpretation of its protection obligations”, the Committee noted, citing the Vienna Convention on the Law of Treaties, that “it is not for a state to unilaterally determine its obligations under a treaty after ratification.” Again the Committee declared such proposals as contravening the I.C.C.P.R. and the Convention against Torture.

With reference with the intended temporary protection visa and safe-haven enterprise visas, to be governed under Schedules 2 and 3, the Committee made several observations: 1) people who were found to engage Australia’s non-refoulement obligations would be granted a T.P.V. only for a period of up o three years at one time, rather than being granted a permanent protection visa.”, 2) T.P.V.s would “require refugees to prove afresh their claims for protection every three years”, and 3) that situation would cast doubt on Australia’s obligations under the I.C.C.P.R. and the Convention against Torture. And, therefore, the Committee was requesting further advice from the Minister for Immigration and Border protection. (Incidentally, TPVs have been tried before – and failed. Between 1999 and 2007 – that is under a previous right-wing Coalition government, and soon to be abandoned by the succeeding Rudd Labor government – Australian granted 11,206 TPVs. And 95 per cent of those visa holders were ultimately granted permanent protection.)

As to the right to health guaranteed by the International Covenant on Economics Social and Cultural Rights, with reference to the introduction of T.P.Vs, the Committee noted that “research shows that TPVs lead to insecurity and uncertainty of refugees which, in turn, may cause or exacerbate existing mental health problems, or cause anxiety and psychological suffering.” And the Committee sought further advice.

Concerned with the right to protection of the family, and the obligation to consider the best interest of the child, the Committee reflected on several articles of the I.C.C.P.R. and of the I.C.E.S.C.R., as well as the Convention on the Rights of the Child and again sought advice of the Minister as to whether the proposed introduction of T.P.Vs was compatible with the obligation to consider the ight to the protection of the family and with the best interest of the child.

Turning then to Schedule 4, and with reference to the so-called ‘fast-track assessment process’, the Committee decided to seek advice from the Minister as to whether the proposed limitation on merits review through the creation of the Immigration Assessment Authority, and thus excluding the competence of the ordinary system of courts, was compatible with Australia’s obligations under the I.C.C.P.R. and the Convention against Torture of “ensuring independent, effective and impartial review of claims to protection against non-refoulement.”

The ‘fast track assessment’ procedure constitutes a radical shift in the manner in which a large number of asylum seekers’ claims for protection will be processed.

Research has demonstrated that long periods waiting for the processing of claims can lead to mental illness. A lack of work rights combined with ongoing uncertainty is also associated with deepening mental deterioration.

Asylum seekers in the current backlog have been waiting in limbo for almost two years to have their protection claims assessed, so the opportunity to have their claims heard will be welcome for many. However, the new assessment procedure carries real risks of privileging efficiency at the expense of fairness.

‘Fast-track’ assessments are intended to apply to approximately 30,000 asylum seekers who arrived in Australia by boat between August 2012 and December 2013. The procedure will allow asylum seekers to make an application for protection to the Department of Immigration and Border Protection.

Time frames for the provision and assessment of claims will be short. Applications which are refused will be referred to a newly created Independent Assessment Authority. The Authority reviews will be conducted ‘on the papers’; only in ‘exceptional circumstances’ will the Authority accept or request new information or interview the applicant.

Some cases will be excluded from an independent merits review altogether. This includes cases where the Department assesses the claims to be ‘manifestly unfounded’, where the asylum seeker relied upon a ‘bogus document’ or had access to effective protection in another country.

The Coalition government resolved to use this procedure for a group which, as statistics show, have been overwhelmingly found to be refugees. Departmental statistics indicate that over the four years prior to 2013, an average of about 70 per cent of asylum seekers arriving by boat were determined – at first instance – to be refugees. In addition, 93 per cent of those who had their applications reconsidered following independent review were later accepted as refugees.

On Schedule 6 which was intended to deal with unauthorised maritime arrivals and new born children, the Committee was quite indignant that the Schedule “would designate children born to parents who arrived by sea after 13 August 2012 as ‘unauthorised maritime arrivals, [with] the same designation under the Migration Act as their parents.” The Committee requested to advice of the Minister as to whether such designation of children “as ‘unauthorised maritime arrivals’ [was] compatible with the obligation to consider the best interests of the child and the right to acquire a nationality.”

With reference to Schedule 7 and the right of the person and freedom from arbitrary detention, the Committee emphatically noted that Article 9 of the International Covenant on Civil and Political Rights provides for the right to security of the person and freedom from arbitrary detention. This includes the right of a person: to liberty and not to be subjected to arbitrary arrest or detention; to security; to be informed of the reason for arrest and any charges; to be brought promptly before a court and tied within a reasonable period, or to be released from detention; and to challenge the lawfulness of detention. The Committee questioned that the intended legislation would meet all such guarantees, and respectfully but firmly sought advice and reassurance from the Minister.

Whether the Minister ever replied to the many, polite but firm, requests from the Committee is not known.

Morrison’s position, as far as the effect of numerous criticisms from the United Nations Committee against Torture had not changed during his administration. As recently as 29 November 2014 he would reject any warning coming from the United Nations that Australia’s treatment of asylum seekers caused them physical and mental suffering , persecution and abuse. The report had found that the asylum seekers conditions were harsh condition in mandatory detention, with overcrowding, inadequate health care, and allegations of sexual abuse and ill-treatment. Morrison made it very clear that only Australia would decide its policies. He curtly said: “I don’t share their view … Australia’s border protection policies are made in Australia, nowhere else.”

Earlier that day it was revealed that 37 Sri Lankan nationals who were returned to their home country after their boat was intercepted off Cocos Island had since been arrested. One other passenger was transferred for offshore processing.

Morrison said that he was very confident that the Australian government had fulfilled its international obligations in that situation. “The screening process which we adopt … has ensured that we have acquitted our obligations as we must and as we do.” he said.

Human rights organisations had leapt on the U.N. report, saying it has condemned Australia in the eyes of the world.

“On asylum seekers, Australia is acting in absolute defiance of international law and is being condemned on the world stage for doing so” said in a statement the Director of Legal Advocacy of the Human Rights Law Centre in Melbourne. He had briefed the Committee in Geneva. Sending people back without thoroughly assessing their refugee claims is “fundamentally incompatible” with Australia’s obligations, he added.

The U.N. report had also identified an attempt by the Australian government to make it even easier to return people to dangerous environments, according to Amnesty International Australia. “[The main bill before Parliament would] remove any requirement to consider when denying a request for asylum whether a person will be tortured or persecuted if they are returned home.” added Amnesty International Australia.

Still, under Act 135/2914, asylum seekers imprisoned on Christmas Island would be moved to the mainland while their claim was being processed. Up to 468 children would be released from detention. About 25,000 people currently living in Australia on bridging visas would be recognised the right to work.

All these seem significant concessions, but they are decision that Morrison could have made at any time, and they are not in any way flowing from the application of the new law. In December 2014 Manus Island and Nauru were holding 2,151 refugees and asylum seekers, in detention centres which have been blighted by violence, sexual assault and suicide attempts. They would remain unaffected by the new law or by any government ‘concession’.

Prime Minister Tony Abbott saw fit to call all such misery “a win for Australia.” He triumphantly proclaimed that “We always said that three things were necessary to stop the boats – offshore processing, turning boats around and temporary protection visa and last night [5.12.2014] the final piece of policy was put in place.” Amnesty International begged to differ complaining that there was no avenue for appeal and would see refugees returned to oppressive situations. “[The new law] violates international law by removing any requirement to consider whether a person will be tortured or persecuted if returned home.” said Dr. Graham Thorn, Amnesty International Australia’s Refugee Coordinator since May 2000.

As recently as 5 December 2014 Morrison proudly announced that 12 boats have been turned back to their country of departure since December 2013, essentially denying passengers the right to seek asylum and placing those passengers at risk of refoulement. These operations were carried out in Australia’s contiguous zone and on the High Seas, in breach of Australia’s obligations under the Law of the Sea and the Refugee Convention.

The only boat of asylum seekers which was not returned in this period was that of the group of 157 Sri Lankan Tamils who left India in June 2014, who later challenged their interception, detention and attempted return in the High Court. On 29 June the Australian Navy intercepted the boat and detained the passengers in windowless rooms, separated from their families, without access to lawyers, adequate food, healthcare and only two hours of daylight outside per day. For 28 days they were detained on the High Seas as Australia attempted to return them to India, until negotiations failed and they were sent to the Cocos Islands on 27 July. They were subsequently taken to Nauru detention centre, again in an attempt to avoid Australia’s obligations to these people.

The case in the High Court essentially challenges Australia’s right to extraterritorially intercept and detain people, and subsequently return them to a place where they risk harm. At the time of writing the decision was still pending in the High Court.

Act 135/2014 is aimed at reversing any decision of the High Court which may limit Australia’s extraterritorial powers in relation to interception and returns, among many other significant changes. These laws will give the Minister for Immigration extraordinary powers to intercept and detain people at sea (both within Australian waters and on the High Seas) and to transfer them to any country or even a vessel of another country that the Minister chooses, without scrutiny from either Parliament or the court, even if that country is likely to torture or persecute them on return.

As the United Nations High Commissioner for Refugees submitted as Amicus Curiae in the 157 Tamil case: “Where people are intercepted on the High Seas and put on board a vessel of the intercepting State, the intercepting State is exercising de jure as well as de facto jurisdiction and is subject to the obligation of non-refoulement.”

But all, it seems, to no avail.

To be continued . . .

(You can access Part 1 here if you have not yet read it).

Updated 4/4/2016. Click on the links to access Part 3, and Part 4.

Dr. George Venturini has devoted sixty years to the study, practice, teaching, writing and administering of law in four continents. He is the author of eight books and about 100 articles and essays for learned periodicals and conferences. Since his ‘retirement’ Dr. Venturini has been Senior Associate in the School of Political and Social Inquiry at Monash; he is also an Adjunct Professor at the Institute for Social Research at Swinburne University, Melbourne.

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Arise Scott Morrison, Lord Sixwords of Cronulla!

There’s little doubt that Scott Morrison is the Abbott Government’s most notorious minister. We read about him almost daily, largely about his hard-line towards asylum seekers, and given his new portfolio we await similar stories about a hard-line attitude towards welfare recipients. But apart from his regular appearances in the media we know little about him. George Venturini sheds more light on the man, taking us through a four-part series about the enigmatic Scott Morrison.

Arise Scott John Morrison, Lord Sixwords of Cronulla!

But why Sixwords? Simple: Eine Sprache, ein Gezetz, ein Kultur – translated into ‘One Language, One Law, One Culture’ for the benefit of the ‘boys of Cronulla’, Morrison’s grand electors.

Scott John Morrison, born on 13 May 1968, is a member of the Australian House of Representatives for the Liberal Party. He was elected in the 2007 for the federal Division of Cook, an electorate in the southern suburbs of Sydney, which includes Cronulla, Caringbah, Miranda and Sylvania. After the Liberal Party was elected to government at the 2013 federal election, Morrison was appointed the Minister for Immigration and Border Protection.

At age 46 he became the most powerful person in the Australian Government of Prime Minister Tony Abbott.

When on 8 December 2009 Morrison became Shadow Minister for Immigration and Citizenship he won the accolade from the newly elected Leader of the Opposition, Tony Abbott, who referred to Morrison as “a great talent who was one of the bright new stars of the new generation of MPs.”

Five years later no other minister, not the Prime Minister himself – or his Deputy, the Foreign Minister, not the Attorney-General, reached the same unchecked control over the lives of other people. He became the only minister not answerable to anyone for his decisions – a dictator within the most Right-wing government in Australian history.

At 8.06 in the morning of 8 December 2014 the House of Representatives passed the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill, which had been approved in the early hours of the day by the Senate and returned to the House as amended, into Act 135/2014.

The Act is a very complex, lengthy piece of legislation, which restores the failed policy of temporary protection visas introduced by the Howard Government – a process which, once lifted, increased the number of boat arrivals. The resolution of “Asylum Legacy Caseload” refers to the failure by the Rudd/Gillard/Rudd governments to “stop the boats” – which would become one of the slogans of the Liberal/Country Party Opposition during the electoral campaign concluded with victory of the Coalition in September 2013.

“Stopping the boats” of the Orwellianish described as ‘unauthorised maritime arrivals’ has been for years ‘the policy’ of both wings of what passes for a tropical rendition of the Westminster System in Australia: the Conservative Coalition and the Australian Labor Party. It was to become the ultimate step of cruelty to asylum seekers which began with the introduction in 1992 of mandatory detention of such arrivals.

In fact the new Act will go much further than what appears as a house-cleaning operation. It frees Australia from any obligations associated with the Refugee Convention and half a dozen of other international treaties or conventions to which Australia is a party – but by which it has long ceased to abide.

The Act confers upon the minister, Morrison until 21-23 December 2014 and after that his successor, and his Department of Immigration and Border Protection the power to return people to persecution, torture and possibly death; that decision is not subject to judicial review.

For all practical purposes Morrison would become and his successor will henceforth be effectively above the High Court.

How did Morrison get there?

As Nick Bryant, a former BBC correspondent from Australia, noted in The Monthly of February 2012, Scott Morrison was born and grew up in Bronte, one of the affluent eastern suburbs of Sydney, now one of the wealthiest enclaves of Australia’s richest parliamentary constituency. His family background, however, could hardly be described as part of the élite. Rather, Bryant wrote, “it was strongly Christian and communitarian.”

His father was a police commander who founded the local Boys Brigade in Bondi Junction, played rugby for the local Randwick team and was an active member of the local Returned and Services League of Australia. His mother worked in administrative positions. Outside their day jobs, Morrison’s parents ran youth programmes for the local church. His father was involved in aged care and served as a local-government councillor for 16 years.

Scott Morrison was an active member of the Uniting Church in Bondi Junction, and became “a dedicated Christian”. He is now a Pentecostal, a member of the most rapidly growing denomination in Australia. He worships at an American-style mega-church called ‘Shirelive’ in his constituency, where the ‘gospel of prosperity’ is preached in an auditorium which can accommodate over 1,000 members. With its water baptisms and designer-shirt pastors, ‘Shirelive’ has close ties with the better-known ‘Hillsong’ community. The founder of Hillsong, Harley Davidson-riding pastor Brian Houston, is one of Morrison’s mentors.

In Who’s Who Morrison lists the church as his number one hobby. The inaugural speech that he delivered on 14 February 2008 reads in part, as will be seen, like a personal testimony delivered on the last night of a church retreat. It is heavily larded with passages from Jeremiah and also from the Book of Joel: “Your old men will dream dreams, your young men will see visions.”

Maybe there was not enough money in the family to send young Scott to one of those (too many) private schools which are designed to instil ‘the values’ of Australian society in young aspiring leaders: conformity, a ‘Christian’ education, ‘good manners’ and the feeling that a ridiculous and backward looking uniform, cadet training, a traditional tie, a fanciful head-cover, and plenty of money would ‘buy an education first’, and the entry into the better-offs later. Still, Morrison’s formal schooling was privileged: he was sent to Sydney Boys High School, one of the best in the public sector. He proceeded to the University of New South Wales, where he received an honours degree in applied science, studying economics and geography. It is there, perhaps, that young Scott established his values and aspirations in life – officially: marketing, tourism, property, politics. [Emphasis added] The Italics seem critical. The official Parliamentary page describes his occupations before entering Federal Parliament: National Manager, Policy and Research Property Council of Australia 1989-95; Deputy Chief Executive, Australian Tourism Task Force 1995-96; General Manager, Tourism Council 1996-98; Director, NZ Office of Tourism and Sport 1998-2000; State Director, Liberal Party (New South Wales) 2000-04; Managing Director, Tourism Australia 2004-06; and Principal, MSAS Pty Ltd 2006-07.

After graduation he was fortunate, despite some ‘rough seas’: while in the employ of the Tourism Task Force he found a way of jumping ship to its main rival, Tourism Council Australia. Afterwards, the Tourism Task Force changed its employment contracts to prevent others from “doing a Morrison”.

When the New Zealand government looked around to set up an Office of Tourism and Sport, it favourably considered an application by Morrison. He distinguished himself for promoting the highly acclaimed ‘100% Pure New Zealand’ campaign, but also came under fire from the Labor Opposition for acting as a sidekick to the tourism minister who had appointed him. When his benefactor was forced to resign for corrupt practices, Morrison lost his protector. He turned that to his advantage and was able to terminate in advance his contract, at a price – in his favour of course.

In March 2000 Morrison returned to Sydney, where the Liberal Party offered him an appointment as State Director. The Liberal Party prides itself on being a ‘broad church’. It is quite possible that in Sydney Morrison came into contact with one sample of such ‘liberality’. One comes to think of one Lyenko Urbanchich, or Ljenko Urbancic. The precise name is of no importance. His activity in the Liberal Party is. Arriving in the l950s, Urbancic found his natural den in the Liberal Party in Sydney. It was he who invented ethnic branch-staking in Australia. Through that every aspect of nefarious activities took place, particularly the profound hatred for Jews which had become one of Urbancic ‘specialities’ as broadcaster of Radio Ljubljana, in that part of Yugoslavia which was occupied by Fascists and German troops.

Having joined the pro-Nazi party Zbor in early age, while at university Urbancic became a capable organiser and propagandist. In early October 1943 he wrote his first pro-Nazi article and organised the first SS-supported Home Guard volunteers – the Slovensko domobranstv, Slovene Home Guard. Domobranci Urbancic wrote for Jutro newspaper, another source of collaboration with the Fascist-German occupiers. From the very beginning of his career he had pledged his blind loyalty to General Leon (or Lav or Lev) Rupnik, Slovenia’s puppet ‘president’. At the end of the war Urbancic fled from Slovenia, was later arrested but released from British custody in 1948, and arrived in Australia as a Displaced Person in late 1950.

For over two decades he stacked Liberal branches along the eastern sea-board part of New South Wales. His control of the Liberal Ethnic Council of New South Wales, set up in 1977, was absolute. His faction was openly called ‘the Uglies’. It did not die with the death of Urbancic in 2006; on the contrary, it continued by the care of an Upper House’s member – with quiet success. The key to that is anti-Semitism – broadly defined, and most of the time discreet, whispered, nudge-nudged and wink-winked. The transfer of that prejudice was to embrace in an attitude of diffidence, in time mounting to hatred, for most people from the Middle East (in a convenient Anglo ‘definition’): ‘the Arabs’, the Turks – who won at Gallipoli, the Lebanese – often lambasted as ‘bloody Lebs’, the Iraqis attempting to take refuge after ‘the good, real-Australians’ had recently invaded and devastated their country, and of course the Israelis, and the Palestinians. So Morrison was, quietly at first, in his comfortable milieu.

Morrison presided over the organisation of the Liberal Party in New South Wales, earning the praise by future Prime Minister John Howard, who said that he had never seen the state party better organised.

In 2004 Morrison landed the position of Managing Director of the new government tourism body, Tourism Australia. The Federal Member for North Sydney, Joseph Benedict “Joe” Hockey – who since his re-election in 1998 held a number of ministerial portfolios including Small Business and Tourism, Human Services and Employment and Workplace Relations, who was later made Minister for Financial Services and Regulation, and since the return of the Coalition to government in 2013 has been Treasurer – secured for Morrison the position of Managing Director of Tourism Australia 2004-06. The salary was a not insignificant: $350,000, yearly. Morrison gained a tremendous success, in Australia, with the campaign based on the slogan “Where the bloody hell are you?” Abroad he encountered considerable troubles, particularly in England, where the adjective ‘bloody’, so commonly used in Australia, is considered ‘not kosher’ according to the advertising regulations, which incidentally had not been read and/or understood by the enthusiastic Morrison. Americans and Germans had no problem with the word. The Japanese, to whom the publicity was principally directed, did not understand a word of the slogan. As far as they were concerned the campaign flopped.

There were also problems with the board of Tourism Australia, the nine members unanimously regarding Morrison as aggressive, intimidating, arrogant, authoritarian, secretive and exclusive. The matter was settled by allowing Morrison to resign, quietly but under no uncertain pressure. The matter carried a tag of $300,000 for a ‘gentlemanly separation’.

The time was not too far for Morrison to demonstrate “through [his] actions his Christian faith and the value [his] family placed on public and community service.” and to declare, as he would in his inaugural speech in February 2008, that: “In our family it has never been what you accumulate that matters but what you contribute.”

It was probably after the ‘separation’ that Morrison turned his attention to securing a seat in the federal Parliament. He had taken up residence in the seat of Cook. The Division of Cook, an Australian electoral division in the state of New South Wales, was set up in 1969 and is named for Captain James Cook, who mapped the east coast of Australia in 1770. The division, located in the southern suburbs of Sydney, includes the suburbs of Cronulla, Caringbah, Miranda and Sylvania.

The seat was held by the mild-mannered Bruce Baird from October 1988 to November 2007. Baird had held seriatim the posts of Minister for Transport, Minister for Sydney’s Olympic Bid and Minister for Tourism between 1988 and 1995, in a New South Wales Coalition government. He had an interest in Tourist Training Australia and the Tourism Education Service. But that was the only thing that Morrison and Baird had in common. Baird along with fellow Liberal members of parliament Russell Broadbent, Petro Georgiou and Judith Moylan would actively oppose mandatory detention of asylum seekers.

In April 2007, when Baird announced that he would retire at the next election, a fierce battle over his successor ensued. One Michael Towke was initially pre-selected as the Liberal candidate, but allegations surfaced that Towke had engaged in branch-stacking and had embellished his résumé. The allegations were subsequently proven false. But the damage had been done – by careful arrangement.

The ‘Right’ and the ‘Left’ in the Liberal Party engaged in one of the most vituperative pre-selection campaigns in the State history.

Morrison was not supported by either side, Baird remained decently neutral, and Morrison – who ostensibly had remained out of the fray – finished a long way back on the first ballot, receiving just 8 votes, against 82 to Towke.

It was then, and because of the arranged allegations, that the state executive of the New South Wales Liberal Party rushed to dis-endorse Towke and to hold a new pre-selection ballot. Morrison won the seat at the election; he is the current sitting member.

Scott Morrison presented himself as a Liberal moderate in his first speech to
Parliament.

As Julian Burnside, a prominent Melbourne barrister and human right advocate, recently pointed out, once in government, Morrison unrelenting, programmatic cruelty to asylum seekers, “sat oddly with his avowed religious views, and his maiden speech in Parliament, delivered on February 14, 2008.

Among other things, Morrison said: “I turn now to the most significant influences on my life – my family and my faith. Family is the stuff of life and there is nothing more precious … For me, faith is personal, but the implications are social – as personal and social responsibility are at the heart of the Christian message …”

He drew on the example of William Wilberforce (the great English anti-slavery campaigner). He quoted Desmond Tutu as saying: “we expect Christians … to be those who stand up for the truth, to stand up for justice, to stand on the side of the poor and the hungry, the homeless and the naked” and was inspired to add: “These are my principles.”

It is lucky he identified his principles so clearly, because no one would be able to discover them by watching his behaviour as immigration minister.

As minister, Morrison was more concerned to ensure boat people were treated so harshly that the prospect of being locked up in Manus or Nauru would act as a “deterrent”: it had to look more alarming than the risk of dying on the sea in the attempt to reach safety. He was responsible for holding more children in detention than any previous government. He presided over a system that was calculated to humiliate, degrade, damage and break people. And, worse than all that, Morrison deceived us into thinking that all this was being done for the benefit of the Australian public.

Morrison’s conduct as immigration minister is impossible to reconcile with his stated Christian beliefs. He visited the detention centre at Manus Island on September 26, 2013, and delivered a clear message that the transferees would remain at the centre until they went home or resettled in a country other than Australia. This stands awkwardly alongside a passage from Matthew 25:35: “For I was hungry and you gave me food, I was thirsty and you gave me drink, I was a stranger and you welcomed me”, a message at the heart of the Christian teaching he claims to embrace.”

Morrison was not destined to stay on the Opposition backbench for long. The Leader of the Opposition in 2008, Malcolm Turnbull, believing that he would recognise a fellow traveller from the ‘moderate wing’ of the party, elevated him to the Shadow Ministry as the spokesman for Housing and Local Government. But it was the immigration portfolio handed to him by the new Leader, Tony Abbott, in 2009 which provided the vehicle for his rise to prominence.

Some of his colleagues have criticised such rapid move to ‘the right’ under Abbott and have accused Morrison of “supreme opportunism”. The test was not long a-coming.

In December 2010, 48 asylum seekers died while attempting to reach Christmas Island by boat. Morrison’s attitude to the event was bitterly criticised by both the government and his own party for comments he uttered after the tragedy.

On 15 February 2011 the then Shadow Immigration minister questioned the decision of the Gillard Government to pay for relatives of the dead to attend funerals in Sydney.

Afterward fellow Liberal and Shadow Treasurer Joe Hockey denounced Morrison’s statements, saying that that he would “never seek to deny a parent or a child from saying goodbye to their relative.” Morrison acknowledged that the timing of his comments might have been insensitive, but did not recoil from the comments themselves.

“Do you think you run the risk of being seen as heartless on the day of these funerals to be saying – to be bickering over this money?” asked ABC reporter Barbara Miller, whose report that morning was broadcast on the programme AM.

Here is what Morrison replied: “When it comes to the question of do I think this is a reasonable cost then my honest answer is, ‘No, I don’t think it is reasonable.’ ”

The Fairfax press published a column which called him a “cheap populist”, with the outburst “harmful to the national interest”.

Caught unawares and always prone to equivocation, the Leader of the Opposition gave the remarks a lukewarm endorsement during the course of an interview with a notoriously Right-wing radio station. He said: “It does seem a bit unusual that the government is flying people to funerals.” Morrison’s comments were met with condemnation from former Liberal leaders. One called the comments “inhumane”. Another expressed his hope that “Scott Morrison is just a fringe element in the party.

Morrison was actually meaning what he said – and much more. In a very short time, understanding how quickly and conveniently the Liberal Party was lurching to the extreme right, he readied himself to become the hard-Right’s poster boy. It did not matter that he would associate with the militantly illiterate loud-mouths of re-emerging Australian racism. He thought it convenient, nay dutiful, that he should speak for his electors, no matter how degrading their views.

Within the Liberal Party it was not outrage to motivate criticism of Morrison’s attitude; rather it was fear that the mouthpiece of such vileness was being too ambitious and going too fast in the quest for ‘higher duties’.

Reaction to Morrison’s utterances encouraged leaks from party proceedings. One came from a Shadow Cabinet meeting in December 2011. In Abbott’s absence, Julie Bishop had been chairing the meeting. She had opened up a discussion on which issues should be prioritised the following year. The record of the meeting showed that Morrison had asked, in an agitated fashion: “What are we going to do about multiculturalism?” The question could be interpreted either way, but then Morrison made his position clear: “What are we going to do about concerns about the number of Muslims?”

For a long time multiculturalism had been a word of contempt in Cronulla, and Morrison was assuming the position of spokesperson for the people in his electorate.

There had been sectarian clashes and violent acts in 2005 in Cronulla, and they had subsequently spread to nearby suburbs. The situation became particularly tense on 4 December 2005 when a group of volunteer surf lifesavers were offended by a group of young men of Middle Eastern appearance, with several other violent assaults occurring over the following week. These incidents were widely commented on in the Sydney media and are considered to be a key factor in a racially motivated confrontation the following weekend. Racial tension was already prevalent among the two racial groups due to the Sydney Gang Rapes of 2000, among other social incidents. The Sydney gang rapes were a series of attacks committed by a group of up to fourteen Lebanese Australian youths against real-Australian women and teenage girls, as young as 14. Described as ethnically motivated hate crimes by officials and commentators, the crimes were covered extensively by the news media, and prompted the passing of new laws which likely contributed to the degree of the escalation, even though a later review by New South Wales Police found that the initial incident was no more significant, of itself, than other fights between the two racial groups.

A crowd gathered on the morning of Sunday 11 December 2005 and, by midday, approximately 5,000 people gathered at Cronulla beach to protest against the recent spate of violence against locals. Fuelled by alcohol, the crowd turned to violence when a young man of Middle Eastern appearance was spotted on the beach. He was surrounded by a crowd outside a local hotel and attacked, along with similar attacks later that day. Retaliatory riots also took place that night and on subsequent nights, resulting in several more assaults, including one stabbing and even some attacks against ambulance and police officers, and extensive property damage.

The attacks were widely condemned by local, state and federal members of parliament, police, local community leaders, and residents of Cronulla and adjacent areas. A large number of arrests were made over the subsequent months, from both the initial riot on 11 December and the retaliatory riots held over the subsequent nights. Travel warnings for Australia were issued by some countries.

Morrison had not yet reached federal parliament.

But he was there in February 2013 when he was accused of vilifying asylum seekers with his hard-line reaction to the charging of a Sri Lankan man living in Sydney on a bridging visa with the sexual assault of a university student. He said that the police should be notified of where asylum seekers are living in the community if any anti-social behaviour has occurred, and that there should be strict guidelines for the behaviour of those currently on bridging visas while they await the determination of their claims.

Image from radioaustralia.net.au

Image from radioaustralia.net.au

The new code of conduct was released by the Immigration Minister for more than 20,000 ‘irregular maritime arrivals’ living in the community on bridging visas. Before the end of the year the government announced a new rule which requires asylum seekers who arrive by boat and are in Australia on temporary visas to sign this code of conduct. Morrison repeatedly defended the use of the term “illegal arrivals” to describe asylum seekers and he had earlier said that asylum seekers have been referred to as “illegal arrivals” who “turn up illegally” on “illegal boats”. He further said that “I’ve always referred to illegal entry” – as opposed to claiming asylum, which is legal – commenting “I’ve never claimed that it’s illegal to claim asylum.”

On 18 September 2013 Morrison launched Operation Sovereign Borders, the newly elected Coalition government strategy aimed at stopping unauthorised boats departing for or reaching Australia. The practice has been controversial as it violates, amongst others, the Convention relating to the Status of Refugees and the Convention on the Rights of the Child.

In February 2014 Morrison was accused of “bungling” and “desperate cover ups” over the release of information about the death of Iranian asylum seeker Reza Barati on Manus Island. Initially Morrison had claimed that Barati was outside the boundaries of the detention centre when he was killed. Morrison subsequently retracted that claim following reports confirming that Barati was in fact murdered inside the detention centre, and therefore while under his duty of care as minister of immigration.

In September 2014 another Iranian asylum seeker, Hamid Kehazaei, was pronounced brain-dead as a result of severe septicaemia, after reportedly seeking treatment on Manus Island for days. Scott Morrison’s policies and perceived negligence have been the focus of numerous protests against conditions in detention centres on Manus Island and Nauru.

To be continued …

Updated 4/4/2016. Click on the links to access Part 2, Part 3, and Part 4.

Dr. George Venturini has devoted sixty years to the study, practice, teaching, writing and administering of law in four continents. He is the author of eight books and about 100 articles and essays for learned periodicals and conferences. Since his ‘retirement’ Dr. Venturini has been Senior Associate in the School of Political and Social Inquiry at Monash; he is also an Adjunct Professor at the Institute for Social Research at Swinburne University, Melbourne. He may be reached at George.Venturini@bigpond.com.

 

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Scott’s new targets

In October, Labor voted to pass nearly $3 billion in budget savings with revised welfare legislation which will see Family payments cut and young people on a disability support pension will have their cases reviewed.

The laws will:

  • reduce the primary income earner limit for Family Tax Benefit B from $150,000 to $100,000
  • limit the FTB – A large family payment to those with four or more children
  • review the cases of people under 35 who are receiving a disability support pension
  • include untaxed super income in eligibility assessments for the Seniors Health Card
  • remove scholarships for students moving between major cities

The most substantial cuts will involve those families who lose entitlement to FTB Part B, worth just over $3000 per year, when their youngest child turns six and is at school, although transitional arrangements will apply until July 2017. Low income lone parents will instead get a payment of $750 dollars a year per child aged 6 to 12 years.

About $10 billion in budget measures, including increasing the pension age, reducing the rate of increases to pensions and freezing family payments, remain blocked. In a bid to woo the crossbenchers, the Government has “repackaged” those cuts and changes to a new series of bills.

The Government proposes to freeze all income-test thresholds for most benefits for three years, and FTB payment rates for two. Freezing payment rates is regressive, since lower-income families bear proportionally higher cuts.

Lone parents earning around two-thirds of the average wage lose between 5.7 to 7.1 per cent of their disposable income. A single-income couple with two school-age children and average earnings loses nearly $90 per week or 6 per cent of their disposable income.

Compare this to the $29 or less than 1 per cent of disposable income paid through the Deficit Levy by an individual on three times the average wage – close to $250,000 by 2017–18. High-income couples could together bring in up to $360,000 per year and not contribute an extra cent.

There will be no transition for unemployed people under 25, who will receive Youth Allowance rather than Newstart. People under 30 will be required to wait for up to six months before getting unemployment benefits and then Work for the Dole.

An unemployed 23-year-old loses $50 per week or 18 per cent of their disposable income. An unemployed lone parent with one 8-year-old child loses $60 per week or 12 per cent.

Senator Abetz backed down from his ridiculous idea of making unemployed people apply for 40 jobs a month which would have led to 30 million job applications a month when there’s not even a couple of hundred thousand jobs on offer.

The Government has also launched a tender process for a new $5.1 billion employment services plan and work for the dole scheme to operate for five years from July 1 next year. One wonders which private companies will benefit from this $5 billion cash splash and whether the money would not be better spent creating jobs rather than providing slave labour for the private sector who will receive generous payments to administer the scheme.

I also wonder has this government done any modelling on increasing the pension age to 70. When they increased the age for females from 60 to 65 in 1995, women with disabilities in this age group increasingly claimed the DSP. The proportion rose from close to zero to about 13 per cent by 2013. But as the number of women receiving the DSP went up, the number receiving the age pension went down by much more.

In 1995, only about 650 women aged sixty to sixty-four received the DSP and 211,000 received the age pension. By 2012, 86,000 female DSP recipients were in that age group, but only 28,000 age pensioners. So the total number receiving one or other of these pensions has nearly halved, and now the majority receive the DSP.

Increasing the pension age to 70 will just force more people onto the DSP and increase the medical and administrative costs to receive their payment. So much for cutting red tape.

I sincerely hope Labor have the number crunchers working out exactly how much people are worse off under this government’s policies. Add in the delay to the increase in the superannuation guarantee, higher fees for university students, cuts to health and education, increased fuel excise, scrapping the increase of the tax free threshold, and every single person is worse off though inversely proportional to their income and wealth.

The Australian Council of Social Service released a new report revealing that poverty is growing in Australia with an estimated 2.5 million people or 13.9% of all people living below the internationally accepted poverty line.

The report provides the most up to date picture of poverty in the nation drawing on new data released by the Australian Bureau of Statistics Income and Expenditure surveys for 2011-12 and previous years. It finds that 603,000 or 17.7% of all children were living in poverty in Australia.

The poverty line for a single adult is $400 per week yet the maximum rate of payment for a single person on Newstart – when Rent Assistance and other supplementary payments is added – is only $303 per week. This is $97 per week below the 50% of median income poverty line.

It also emphasises the danger posed by Budget proposals to reduce the indexation of pension payments to the Consumer Price Index only, which is likely to result in higher poverty rates over time than would be the case if payments were indexed to wages and therefore community living standards.

Most at risk groups

  • Women – significantly more likely to experience poverty than men (14.7% compared to 13%);
  • Children and older people – face higher risks of poverty compared to other age groups (17.7% and 14.8% respectively);
  • Sole parents – at high risk with 33% in poverty in 2012 and 36.8% of all children in poverty were in sole parent households;
  • Born overseas – Poverty is higher amongst adults born in countries where the main language is not English (18.8%) than amongst those born overseas in an English speaking country (11.4%), or in Australia (11.6%);
  • Aboriginal and Torres Strait Islander people – ABS data does not include information to accurately measure this poverty rate, however 2011 HILDA data found 19.3% of Aboriginal and Torres Strait Islander people living in poverty, compared to 12.4% of the total Australian population;
  • People with a disability – latest available data does not allow this poverty rate to be calculated, however our previous report found 27.4% of people with a disability were living in poverty in 2009-2010 compared to 12.8% for the total population.

Abbott’s strategy to help these people is “we removed the carbon tax”. Come on Labor, let’s compare that to all the other things they have “removed”.

Morrison doesn’t see helping these people as his responsibility. He views them as his targets, the challenge he must face and subdue.

In the May budget they cut $44 million from the capital works budget for the National Partnership on Homelessness.

Three days before Christmas they axed funding to Community Housing Federation Australia, National Shelter, Homelessness Australia, disability groups and financial counselling services.

In the next budget, Scott Morrison is going to do something about making childcare more affordable. This will be a welcome move if it isn’t just about making politicians able to claim for their nannies.

He will also be trying to sell Tony’s signature Paid Parental Leave Scheme or some sort of renegotiated version of it. If it is means tested, completely unavailable to those over a certain income, then it may be worthwhile though it basically defeats Tony’s stated purpose of encouraging “women of calibre” to breed. It’s interesting that this “workplace entitlement” is being promoted by the Minister for Social Security who wants the government to pay for maternity leave rather than the employer. I guess Tony is desperate to have an answer other than carbon tax about what he has done for women but let’s not let it blind us to the needs of our most disadvantaged citizens.

As this government silences advocates for the homeless, the disabled, the young and the needy, our Indigenous and refugee communities, we, the public, must raise our voices to help protect our most vulnerable and to tell the government which direction we want this country to go.

“…the moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; those who are in the shadows of life; the sick, the needy and the handicapped. ” – Hubert H. Humphrey.

 

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When Scott Morrison applies his Immigration Model to Social Services

Now there’s been a lot of angst about Scott Morrison’s appointment as Minister for Social Services. Probably coming from a few bleeding heart lefties who’ve never worked a day in their lives while earning a living as a “rent-a-crowd” professional protester! (One could see that as a contradiction but only if one thinks about it, so please stop thinking and go with the flow!!)

Personally, I see Morrison’s appointment as a turning point in the history of Australia. Up until now, Australia has always been the sort of country that valued a “fair go” for everyone whether they deserved it or not. Morrison will ensure that the “fair go” is reserved for the genuinely deserving. I picture his first interview with the ABC going something like this:

Interviewer: So, Mr Morrison, how do you see your role as Minister for Social Services?

Morrison: It’s really quite simple. We will decide who gets governmnet support and the way in which they’ll get it.

Interviewer: So what exactly does that mean for, let’s say the unemployed?

Morrison: Well, if you’re talking about the unemployed let’s be quite clear. We don’t want the unemployed just rocking up to Centrelink by whatever means they choose and trying to jump the queue. Only those who arrive by car will dealt with.

Interviewer: What about those who arrive by walking or public transport?

Morrison: Simply, they’ll be detained while we check out what jobs they’ve applied for and whether they’re attending interviews, and if we find that they’re not applying for jobs then we intend to send them to camps where they can join a work-for-the-dole scheme.

Interviewer: But how can they attend interviews if you’re detaining them?

Morrison: They should have thought of that before they began their journey.

Interviewer: So how do you intend to determine whether or not the person came by car?

Morrison: Look, can we stop refering to them as “persons” or “people”, I’ve instructed all Centrelink staff to refer to them as “illegal dole applicants”.

Interviewer: The question remains, how will you determine whether they came by car or not?

Morrison: We’ll have ADF personel scouring the streets and if anyone comes within ten metres of a Centrelink office, they’ll be taken into custody while we check out their credentials. In fact, we’ll pick up anyone who comes within ten metres of the ten metre exclusion zone unless they’re wearing a blue tie.

Interviewer: Doesn’t this breach their human rights?

Morrison: Sorry, I don’t understand the question.

Interviewer: I said, “Doesn’t this breach…”

Morrison: I heard it, but you seem to presuming that illegal dole applicants have human rights. These rights aren’t for everyone, you know.

Interviewer: Moving on to some of your other areas of responsibility, let’s take benefits to families…

Morrison: We haven’t actually decide to take them yet, so you’re jumping the gun there.

Interviewer: I meant, let’s look at benefits to families.

Morrison: Well that’s exactly what the Government is doing. Under the Labor Government we had the ridiculous situation of the government taking money via taxation, only to give it back to families in the form of generous payments when a baby was born or a child began the school year.

Interviewer: What’ll you be doing about that?

Morrison: We’ll be stopping it.

Interviewer: So, you’ll reduce taxes and just let people keep the money and abolish many of the payments.

Morrison: No, we’ll be stopping children starting school. After all, in my previous portfolio I stopped the education of children in detention centres and nobody seemed to mind.

Interviewer: You intend to abolish Education?

Morrison: No, don’t be ridiculous.

Interviewer: That’s a relief.

Morrison: Stopping Education is Christopher Pyne’s job.

Interviewer: I can’t believe what you’re saying!

Morrison: Typical ABC bias. Look, it’s very simple. Gonski has given us a big report which according to those who read it, says that most government schools need a massive injection of funds if they’re to achieve anything worthwhile, and Kevin Donnelly has argued that government schools aren’t really teaching anything worthwhile like our Judeo-Christian heritage and Latin, so there’s really no point to them. When you add the fact that under the Higher Education changes, nobody who doesn’t already go to a secondary school that charges a fortune in fees will bother with university, we can stop all funding and then there’ll be plenty of money for the private schools, who can offer scholarships to the two or three children who are bright enough to educate but whose parents have no money.

Interviewer: How will these scholarships be determined?

Morrison: Sorry, but that’s confidential.

Interviewer: Surely the procedures for awarding a scholarship have to be transparent.

Morrison: I’m sorry but that’s a question for Mr Abbott, but I will say that Frances is a lovely girl and fully deserved…

Interviewer: I meant as a general principle, I wasn’t refering to that particular case.

Morrison: Let’s return to Social Services, we’re really straying outside my portfolio.

Interviewer: Ok then, let’s look at the NDIS.

Morrison: Sorry, the what?

Interviewer: The National Disability Insurance Scheme.

Morrison: Oh, yes. That’s part of my portfolio too, isn’t it? Um, yes… We intend to keep that – at least the name part- but we’ll be undertaking a review of its effectiveness and I’m not able to comment on its future till that review is completed.

Interviewer: All right, then what about Seniors?

Morrison: What about them?

Interviewer: Will there be any changes in policy?

Morrison: Yes, same thing. We’ll be undertaking a review of their effectiveness and I’ll comment further when that review is finished. But I will add that Seniors are some of the most important voters in this country and we do not intend to allow their standard of living to deteriorate as long as they can still vote.

Interviewer: So what changes do you see happening in Social Services?

Morrison: At this stage all that’s proposed is ensuring that the Australian taxpayer gets the best value for money. Any developments will be announced by me at my regular weekly briefings, just like when I was Immigration Minister.

Interviewer: And what will you say at those briefings?

Morrison: No comment.

Interviewer: You want us to wait to the briefing before you announce what you’re doing?

Morrison: No, I’ll be saying “no comment”. Let’s be real here, most of the things in this portfolio relate to people’s circumstances and surely people have a right to keep their personal circumstances private.

Interviewer: But surely the public have a right to know the general policies of the Department!

Morrison: No comment.

Interviewer: I just want to know about the general direction…

Morrison: Listen, I’ve made it quite clear that I won’t be commenting on operational matters.

Interviewer: Just finally, is it true that you’ll be abbreviating Social Services to SS on all your correspondence?

Morrison: No comment.

Interviewer: I’m afraid that’s all we have time for. Merry Christmas, Mr Morrison.

Morrison: I’m not in a position to confirm or deny that.

 

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Scott Morrison now seeks sole authority over citizenship decisions

The Department of Immigration and Border Protection, under the authority of Minister Scott Morrison, is in the process of seeking amendments to the Australian Citizenship Act 2007 that will give the minister draconian powers over not only asylum seekers, but anyone who has become or wishes to become an Australian citizen.

The Australian Citizenship and Other Legislation Amendment Bill 2014, will give Morrison the power to set aside decisions made by the Administrative Appeals Tribunal on the character and identity of those applying for citizenship or who have already received it, in a public interest test determined solely by the Minister.

The DIBA submission to a Senate committee argues that an elected member of parliament and minister of the Crown has gained a particular insight into the community’s standards and values. This particular insight therefore qualifies Morrison to overrule AAT decisions. It is the bill’s intention to grant a minister, in this case Morrison, the power to determine an individual’s “good character” or otherwise, regardless of any ruling made by the AAT. Morrison’s decision will be unchallengeable.

The bill also aims to give Morrison the right to determine “fraud” or “misrepresentation” in applications for citizenship. In such instances Morrison can revoke papers regardless of whether or not the individual concerned has been convicted of either offence.

That is, Morrison or the minister concerned has the power to determine “guilt” outside of any criminal proceedings, denying individuals the presumption of innocence.

The notion that anyone has particular insight or is entitled to absolute power because he or she is an MP and minister of the Crown is extremely dangerous. It is confusing the office with the human being who holds it. High office does not automatically endow its holder with integrity or insight. We are all too familiar with “killers in high places who say their prayers out loud” as Leonard Cohen puts it.

Morrison’s ongoing lunges for absolute power must be challenged. This is a liberal democracy. We do not have ministers who overrule the expert opinions of experienced tribunals. We do not have ministers who are above the rule of law and entitled to deprive any human being of the presumption of innocence. We do not have ministers who are answerable to nobody, whose decisions are unchallengeable, and who are allowed to carry out their department’s business in absolute secrecy.

First published on Jennifer’s blog No Place for Sheep.

 

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