John Menadue

  • Victoria Rollison. The WorkChoices Zombie

    Let’s put aside the irony of a Liberal government, the preacher of the ills of ‘big government’, spending $45 million to reach its expensive Royal Commission tentacles into the operation of trade unions. Let’s put aside the obvious political nature of such a witch-hunt, designed to reduce the power of unions to negotiate on behalf of workers, a seek and destroy mission with the pincer-movement aim of a) benefiting employers at the big end of town, b) reducing unions’ capacity to contribute funds to Labor election campaigns and c) to discredit Labor MPs with union backgrounds. For now, putting these contradictions and political trickery aside, which are so wholly obvious to us but strangely not apparently obvious nor interesting to commentators in the mainstream media, let’s instead look at the Trade Union Royal Commission’s findings in relation to the lives of those people the commission paradoxically claim to represent the interests of; workers.

    Using my own situation as a worker and union member as a representative case study, I note with alarm that the Prime Minister, Malcolm Turnbull, has proclaimed the findings of the Trade Union Royal Commission (TURC) as justification to fight an election over industrial relations. Clearly Turnbull thinks that there is a large enough problem in the trade union movement, a movement just as separate to the operations of government as a private company, that he’s pushing this problem to the top of his government’s agenda. The handful of bogey-man union officials who have been cited in the TURC findings as having acted not in the best interest of workers, are now the government’s enemy number one. As a union member, I don’t like to hear about my union funds being used to fund union officials’ extravagant lifestyles, nor do I appreciate reports of criminal activity, which appear to be almost entirely confined to rogue elements in construction unions. But, as a worker and a member of a young family, a woman, a parent to a young child who has childcare and then her whole education in front of her followed by a job search, a mortgage holder, a South Australian, a buyer of groceries, a daughter of aging parents, a wife to a husband who works in the manufacturing industry and a member of a society experiencing the scary and increasingly apparent effects of climate change, I must admit, the conduct of a few dodgy union officials in industries I don’t work in, whose conduct hasn’t been proven to adversely impact the conditions of workers they represent, is about as high on my list of ‘what is the government doing about this?’ priorities as the fate of Johnny Depp’s girlfriend’s court case over the illegal entry of small dogs.

    And even if I did care deeply about the conduct of some dodgy union officials in the construction industry (which I don’t), I care a thousand times more deeply about those union officials having the freedom to do their job to help safeguard the safety of workers on construction sites. I’m pleased there are union officials stopping work when they see risks to workers, because it’s blatantly clear that if the union officials didn’t care, no one would. This is because it’s obvious that many construction employers care far more about the speed of their profit making than they do the safety and wellbeing of their employees. So if it wasn’t for the unions stepping in to insist on safety, far more accidents and deaths would occur. I would have thought a responsible government would be more concerned about safety on construction sites than the isolated actions of a few bad apple unionists. Especially after that very same government were so upset about the deaths of four insulation installers that they held a Royal Commission into a government program that funded the private companies whose unsafe work practices led to the tragic deaths of workers. Another Royal Commission aimed at hurting the Labor Party; do you see a pattern forming here?

    I notice a day after the release of the TURC findings, the ABC News Radio poll asking ‘In your experience, are unions riddled with ‘deep-seated’ and ‘widespread’ misconduct?’, after 3,466 votes have been cast, found 74% said ‘no’.

    This result suggests I’m not alone in my perception of the TURC findings as more of a political statement than the experience of union members.

    As a worker, it would be wholly irrational for me to congratulate, or indeed vote for a government vowing to smash the power of unions. As a worker in an economy with stagnant wage growth, it would be counterproductive for me to encourage my government to give employers, who already hold an elephant-on-a-seesaw-unequal position of power in the Goliath-capital battle with David-the-workers, any more power to define my working conditions. Because let’s face it, not every employer wants to pay the minimum wage, without penalty rates, minimum entitlements and no chance of a pay rise. But enough employers do (take a look at 7-eleven) so that the entire wage structure of the country would be pulled down without unions pushing back against the floodgates. When former PM Tony Abbott said WorkChoices was dead-buried-and-cremated, workers always knew that it would only take a second-term Liberal government 5 minutes to resurrect the WorkChoices zombie from the grave; a zombie who’s bite is fatal to workers’ rights.

    Therefore, if Turnbull wants to play this game and if he is really serious that dodgy union officials are the biggest threat facing our country, and his highest agenda item in an election, I echo Bill Shorten’s words on hearing Turnbull’s plans: BRING IT ON. And so say all of us.

    Victoria Rollison is a political blogger, working in marketing and communications.

  • Wayne McMillan. Rewriting the Rules: Lessons for Australia

    The Roosevelt Institute’s Chief Economist Joseph Stiglitz a Nobel Economics prize winner in his own right, has come up with a block buster report on the social and economic problems facing American society. This115 page report which was published as a book in November 2015 was put together with valuable assistance and input from a broad cross-section of people under the stewardship of Stiglitz. Notable economists such as Brad De Long and Robert Reich were among the consulting researchers.

    Stiglitz’s team of researchers have revealed that the USA is in big trouble and at the heart of it are misplaced rules, laws and economic policies, based on faulty economic theory. If you combine this with an over-arching, pervasive, narrow minded neo-liberal ideology, then you have a recipe for economic and social disaster.

    American neo-liberal ideology and orthodox economic thinking have produced income and wealth inequality of immense historical proportions. Lowly paid workers are in the majority whilst the greater percentage of income and wealth is transferred to an ever decreasing smaller number of people.

    “Over the last 35 years, America’s policy choices have been grounded in false assumptions, and the result is a weakened economy in which most Americans struggle to achieve or maintain a middle-class lifestyle while a small percentage enjoy an increasingly large share of the nation’s wealth. Though these lived experiences and personal challenges are important, they are only the tip of the iceberg that is the crisis of slow income growth and rising inequality. To fully understand the scope of the problem, we must also examine the array of laws and policies that lie beneath the surface—the rules that determine the balance of power between public and private, employers and workers, innovation and shared growth, and all the other interests that make up the modern economy.” Dominant economic frameworks over the past 35 years—like “trickle-down” economics, and the idea that markets work perfectly on their own—paved the way for an onslaught of policies that decimated America’s middle class. This paper presents an evidence-backed alternative framework:

    • Markets are shaped by laws, regulations, and institutions. Rules matter.
    • The rules determine how fast the economy grows, and who shares in the benefits of that prosperity.
    • Concentrated wealth can hurt economic performance. Under the right rules, shared prosperity and strong economic performance reinforce each other. There is no trade-off.
    • A tentative, piecemeal policy response to help the neediest will not suffice. We must rewrite the rules of the economy with a focus on restoring a balance of power between the competing interests that make up the modern economy” p.7

    What should and can Americans do to rectify this appalling predicament? According to Stiglitz and his researchers they must:-

    1. Ensure that the financial sector becomes responsive to consumer needs, by removing hidden financial charges and fees. Bring in rules that penalises risky investments.
    2. Make full employment the goal.
    3. Introduce legislation to protect vulnerable workers. Allow workers to organise and strengthen their right to collective bargaining.
    4. Change the tax system to make it fairer, by removing corporate welfare tax expenditures and raising taxes on capital gains and dividends. Introduce a financial speculation tax to deter short-term trading and encourage long-term investment.
    5. Ensure some reasonable level in the remuneration of chief executive officers with ordinary salary/ wage earnings.

    The most dramatic recommended changes were to:-

    • Overhaul American social security, by introducing a universal Medicare and affordable health care.
    • Expand Social Security with a supplemental public investment program modelled on private Individual Retirement Accounts, and raise the payroll cap to increase revenue.
    • Invest in young children through child benefits, early education, and universal pre-kindergarten.
    • Increase access to higher education by reforming tuition financing, restoring protections to student loans, and adopting universal income-based repayment.
    • Expand access to banking services through a postal savings bank. Create a public option for the supply of mortgages.

    The lessons learnt from the USA are there as a warning to Australia. Australians should be very careful now about allowing the present government to focus on deficit reduction via fiscal cutbacks, instead of new job creation. Full employment for anyone who wants to work is the keystone for any just and healthy society and should be the number one priority for any government. In addition, workers should be on guard where they have no union coverage or their union protection is whittled away by new industrial legislation that prevents unions from operating effectively in workplaces. Reducing deficits and worker protections during economic slumps will only impoverish workers, the unemployed and the poor and should be resisted vigorously by all ordinary Australians.

    The Anglo-American variety of neo-liberalism has been a dismal failure in the UK and the USA, where it has caused only hardship and poverty for the populace, Australia should take the right steps not to make the same mistakes.

    [Wayne McMillan is a keen follower of current economic trends and policies. He has been studying Economics for over 30 years, he lives in Whalan NSW.]

  • John Menadue. The Dismissal – Forty years on. A smoking gun

    Repost from 27/10/2015

    The evidence continues to mount against those who collaborated in the dismissal of the Whitlam government. To obfuscate and cover their tracks, those who collaborated in the dismissal and their establishment friends spare no effort to criticize the performance of the Whitlam government. Those attacks are becoming quite threadbare. It is amazing what people with guilty consciences do to try and justify outrageous behavior or avoid responsibility or change the subject!

    The fact is that they collaborated in the dismissal of a democratically elected government.

    In contrast Gough Whitlam, after forty years, is more and more vindicated.

    Those who collaborated in the dismissal of the Whitlam government were our ‘betters’ – a governor-general, two high court judges, parliamentary leaders, a media magnate and the business elite.

    I have written in my book ‘Things you learn along the way’ (pages 148-167) about the deceit of many of the collaborators. In a post in this blog on 21 October last year ‘Farewell to Gough Whitlam’, I drew attention to the words of the late Senator Reg Withers, the leader of the coalition in the senate, that he could not have held the numbers much longer in the senate. My strong view is that John Kerr’s premature intervention saved Malcolm Fraser.

    Now Professor Jenny Hocking, in her new book ‘The Dismissal Dossier: Everything You Were Never Meant to Know about November 1975’ adds to the revelations of not only Sir Garfield Barwick and Sir Anthony Mason. She tells us that John Kerr was in direct and secret telephone contact with Malcolm Fraser in the critical period before the dismissal. In her research Jenny Hocking has found a posthumous record of the late Senator Reg. Withers. This record, quoted below highlights conversations between John Kerr and Malcolm Fraser.

    “Withers reveals that not only had Kerr decided to act against Whitlam in the week before 11 November 1975, but that both he and Fraser knew this. Withers confirms that the Governor-General and the Leader of the Opposition were in secret telephone contact, using their secure private numbers. Withers recounts that he was in Fraser’s office in early November when Kerr contacted Fraser using the private number for the Leader of the Opposition’s parliamentary office. Nobody knew what his private number was except Tamie, Withers said. Fraser told the caller that he could be contacted on that number at any time … Fraser then asked the called for their number, repeating as he wrote it down, ‘I can also ring you on this number?’ … As Fraser hung up he said to Withers ‘You never heard this conversation’. “

    This really is a smoking gun.

    It confirms what I said in 1999 in my book.

    “ … Fraser believed that Kerr was in fear of dismissal. Further confirmation that Kerr had revealed to Fraser his insecurity was given to me by Fraser in a discussion on 28 January 1976. My file note reads ‘Governor-General encouragement to the Opposition. On 28 January this year – 1976 – Mr Fraser said – on the street outside West Block that on his first meeting with the Governor General during the supply crisis -21 October – the Governor-General had said that he could not give Whitlam any inkling of what he had in mind or Whitlam would be immediately on the telephone to London seeking the Governor-General’s dismissal.’

    “Malcolm Fraser has denied saying this to me as reported by Paul Kelly in November 1975. Kelly reported ‘When I asked Fraser about Menadue’s account of his note, he insisted that he (Menadue) was wrong. Fraser said that during the crisis he was aware that Kerr felt his position was at risk from Whitlam but Fraser is adamant that Kerr did not act improperly by saying this to him during their talks’. I stand by my account.” End of quote from book.

    In light of Jenny Hocking’s revelations, I stand even more in support of my account that John Kerr conveyed to Malcolm Fraser that he had in mind to dismiss the Whitlam Government.

    That is an outrageous thing for a Governor-General to do. It was quite contrary to convention developed over centuries that the Head of State acts on the advice of his or her Prime Minister. It also highlights personal deceit by the Governor- General.

    I am also certain that Rupert Murdoch knew that a dismissal was in prospect. In my book in 1999, I recorded a discussion with Rupert Murdoch.

    “I did have lunch with (Rupert Murdoch) and Ken Cowley on 7 November 1975, in Canberra at a Kingston restaurant. … In my record of 11 December about that lunch with Murdoch five weeks earlier I wrote

    ‘Rupert Murdoch told many of his friends that Mr Fraser had informed him that the Governor-General had given him (Fraser) an assurance that if he held on long enough there would be a general election before Christmas … although I have no direct information. He did tell me however on 7 November that he was quite certain that there would be an election before Christmas and an election specifically for the House of Representatives. I suggested to him that a half-Senate election was the only possibility. He rejected this view and said that he believed that there would certainly be a House of Representatives election before Christmas and that he would be staying in Australia until this occurred. He was very confident of the outcome of any election and even mentioned to me the position to which I might be appointed in the event of the Liberal victory – Ambassador to Japan. ‘

    “Murdoch denies my account of our lunch. I stand by it. Murdoch was intimately involved with Fraser in the dismissal.” End of quote from book.

    Eighteen months later I was on my way to Japan.

    I have found on other occasions that Rupert Murdoch has very convenient memory lapses, like his request to become the Australian High Commissioner to London.

    Once again, the Jenny Hocking revelations add strong support to the view that Malcolm Fraser knew what John Kerr was going to do. It also explains why Rupert Murdoch threw his newspapers into a frontal attack on the Whitlam Government in October and November 1975. He also applied direct public pressure on John Kerr to ‘do his duty’ and dismiss Gough Whitlam.

    What do the collaborators now say in light of these new revelations about the propriety of a Governor-General dismissing an elected government that had a majority in the House of Representatives? In that process he collaborated with judges, senior members of parliament and the media.

    We used to think that our ‘betters’ believed in tradition, conventions, parliament and the independence of the judiciary. People of power and privilege find it hard to keep their head and accept that they must play by the rules that they expect others to observe.

    How naïve we were to trust them then and even now!

    Yet our society depends on trusting other people. So for me that betrayal of trust is the most wounding of all.

    Many of these collaborators have left or been purged from public life. Rupert Murdoch  seems to spend much of his time twittering. He now has to be content with the head of a National Rugby League chief.

    I will be writing separately about Jenny Hocking’s revelations on the role of the Queen and Buckingham Palace in the dismissal.

  • John Menadue. What has the government done for us?

    Repost from 25/02/2015

    Many will recall in the Monty Python film, the Life of Brian, an anti-Roman revolutionary played by John Cleese, but who reminds me of Joe Hockey, asks rhetorically about the Romans, ‘What have they ever given us?’  Expecting the answer ‘Nothing’, he is irritated when he is told that they provided aqueducts. Cleese’s character slowly concedes further points, until he asks ‘Apart from the sanitation, medicine, education, wine, public order, irrigation, roads, fresh water system and public health – what have the Romans ever done for us?’  And still someone chips in with another suggestion of what the Romans have done.

    Clearly the Liberal Party holds a similar view to the anti-Roman revolutionary. Its platform says ‘That only businesses and individuals are the creators of wealth and employment’.

    The Commission of Audit in its highly ideological report assumes also that government and ‘red tape’ must be cut back.

    Like the John Cleese character, conservatives choose to ignore the great pioneering and continuing role of governments in our community and mixed economy – roads and railways, power, water and sewerage, law and public order, security, education, hospitals, galleries, museums and national parks.  I could go on!

    In world terms, we have a small public sector in Australia. Including all levels of government, our public sector is less than 35% of GDP. The OECD average size of government is over 40% of GDP. In the successful northern Europeans countries such as Germany, the Netherlands and the Nordics, the public sector exceeds 43% of GDP. And they have taxes to pay for their successful public sectors.

    Just think of what Norway has done in establishing its public Pension Fund. This fund now has $1 trillion in investment. The fund was established by the Norwegian government in the 1970s when Norway began to develop its oil and gas resources. If only we had done something similar to tax the super profits of mining companies in the recent mining boom. We would now have a stronger and more diversified economy. Instead we have companies like Rio Tinto returning $7.8 b to shareholders in a share buyback.

    The successful economies of the world have all invested heavily in the public sector to enhance human capital in areas such as education, science, research and development, and innovation. But in the name of economy and reducing waste, we are reducing government funding in these areas. We don’t even have a Minister for Science.

    No country has ever achieved greatness by cutting back on key government activities. This is not to say that the government sector should be large. But it should be effective and efficient.

    Just look at some of the false economies that are part of the current political environment in Australia that would damage the public sector and the public interest.

    • The government is considering cutting back the Australian Bureau of Statistics and possibly the five year census. But so much of ABS data is essential for good decision-making in both the public and private sectors.
    • We have cut back on policy and administrative skills in commonwealth departments and more and more we contract it out to so-called independent and professional management companies that have little or no corporate memory. One consequence of the scaling back of government expertise was the pink-batts mess.
    • The economists we see and hear so much of on TV are usually in the pay of big corporations and the banks. They are unlikely to give us an independent assessment in such areas as privatisation and superannuation. Cut backs in university funds have resulted in fewer intellectuals working in the public square.
    • Late last year the former Assistant Commissioner of the Australian Tax Office warned in a letter to the Australian Financial Review that repeated efficiency dividends had seriously hurt the ATO’s ability to collect tax. In the recent budget, the ATO had its funding slashed by $189 million with more than 3,000 jobs to go. With corporate tax avoidance almost endemic what a strange time to be cutting back ATO staff.  My mother would have said it was ‘penny wise and pound foolish’. Economists would call it a false economy.
    • The public sector is often more efficient than its private counterparts. For example, private health insurance firms have operating costs, including profit that are three times higher than Medicare.
    • Comparing ‘apples with apples’ public hospitals are as efficient as private hospitals. Schools in the public and private sectors that enrol similar students turn out much the same results
    • The derided ‘red tape’ is often the means to protect the public interest. No wonder private ideologues don’t like it.
    • Governments can borrow much more cheaply than private corporations, but it is seldom mentioned.

    We have been encouraged to forget that our prosperity is based on both public and private goods. To many people government has become ‘invisible’, except as a vehicle for welfare. Australians have lost sight of the contribution of the mixed economy, not only providing public goods, but also in ensuring that the forces of greed and short-sightedness don’t lead to economic collapse.

    It is noteworthy that despite the continued denigration of government and the public sector, the three most trusted institutions in Australia are public institutions – the High Court, the ABC and the Reserve Bank. In the survey by Essential Research, there was not a private group in the top eight most-trusted groups and institutions in Australia. The three least trusted groups were business, trade unions and political parties.

    There is a major and important role for governments to play. We need to assert the importance of the economic role of government in our mixed economy. We should stop apologising for government.

  • John Menadue. Cricket and the sound of summer.

    For me, the most memorable comment of the cricket season so far has been by Steve Smith, the Australian captain, explaining that the VB logo on their jackets wasn’t really advertising alcohol. It was only ‘branding’.

    I notice that he is now promoting Kentucky Fried Chicken.  I am waiting for his explanation of how that helps combat obesity.

    A sad feature of the current season was the untimely death of Phillip Hughes. There was much public sympathy from the players. It was surprising that they did not fund a memorial foundation. They could afford to. In 2014 out top five players had salaries of over $20 m between them.

    But the best cricket writing of the year was Geoff Lemon in his piece ‘Just not cricket – how Channel 9 is destroying a legacy’.  for his story about Slats, Heals, Tubby, Binga eta al, see link below.

    http://gu.com/p/45d92/sbl

  • John Menadue and Peter Hughes. Slogans vs Facts on Boat Arrivals, Part 2

    Reposted from 23/09/2015

    Tony Abbott did not stop the boats

    In this blog yesterday (22 September 2015) we pointed out that Tony Abbott kept the door open for tens of thousands of boat arrivals by opposing legislation that would have enabled implementation of the Malaysia Arrangement in September 2011. By this action, he helped turn on the green light for people smugglers.

    Moreover, the data just does not support the claim that, after coming to power in September 2013, Tony Abbott “stopped the boats”. The media uncritically accepted the Coalition’s line in the confused period of the changeover of governments and in the context of drama and secrecy surrounding a small number of boat turn-backs.

    The data shows that the downward trend in boat arrivals began in August 2013. By October and November 2013 maritime asylum seeker arrivals had dropped by 90% compared to the corresponding two months in 2012 (547 arrivals versus 5115 arrivals). These reductions occurred well before the first boat turnaround by the Coalition Government on 19 December 2013. See table below:

    Number of illegal maritime arrivals who arrived in Australia by month            (1 January 2011 to 31 December 2014), by port arrival date.

     

    SIEVS/BOATS IMAs
    2011 January 3 223
    February 3 149
    March 7 419
    April 6 318
    May 6 333
    June 4 235
    July 4 228
    August 5 335
    September 4 319
    September Abbott failure to support Malaysian Arrangement
    October 5 259
    November 10 734
    December 13 1,070
    TOTAL 70 4,622
    2012 January 5 301
    February 9 849
    March 3 110
    April 11 837
    May 16 1,286
    June 24 1,642
    July 31 1,756
    August 37 2,078
    September 31 2,062
    October 47 2,452
    November 44 2,663
    December 18 1,017
    TOTAL 276 17,053
    2013 January 11 541
    February 17 973
    March 35 2,320
    April 47 3,329
    May 47 3,252
    June 40 2,750
    July 48 4,230
    19 July 2013 Rudd announcement not to settle IMAs in Australia
    August 25 1,585
    September 15 829
    October 5 339
    November 5 208
    December 7 355
    19 Dec 2013 First Abbott turn-backs
    TOTAL 302 20,711
    2014 January 0 3
    February 0 1
    March 0 0
    April 0 0
    May 0 0
    June 0 0
    July 1 157
    August 0 0
    September 0 3
    October 0 0
    November 0 0
    December 0 4
    TOTAL 1 168

    The source of this data is the Senate Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru: Submission 31 from the Department of Immigration and Border Protection (DIBP). Crew are excluded. 

    Note that the table refers to the number of ‘Illegal’ Maritime Arrivals (IMAs). ‘Illegals’ is not a term that we think is appropriate, but the term is used in the material from DIBP.

    Three measures put in place by the Labor Government before the election caused the dramatic fall in the number arrivals, (allowing for a short time lag).

    The first was “enhanced screening” of Sri Lankans and quick return of non-refugees to Sri Lanka.

    The second was a decision by Indonesia, at Australia’s urging, that Iranians could not enter Indonesia without visas.

    The third and most important was the announcement by Kevin Rudd on the 19 July 2013 that in future any persons coming by boat, who were found to be refugees, would not be settled in Australia. We may argue about the wisdom of that policy, but it effectively crippled the people-smugglers.

    Fortuitously for the Abbott Government when it was sworn in on 18 September 2013, the flow of maritime arrivals was well on its way to being finished as a result of measures already taken.

    By the time Operation Sovereign Borders geared up for its first boat turn-back on 19 December 2013, the number of boats was down from 48 in July to 7 in December.

    Operation Sovereign Borders was applied to the “tail end” of a phenomenon that had largely been stopped. The game-changer was Kevin Rudd’s announcement in July 2013.

    Arguably, boat turn backs would not have been ‘successful’ at all without the July 2013 decision. For example, the Navy and Customs were able to turn back three boats in December 2013. It’s hard to believe that it would have been physically possible to turn back 48 boats if they had continued to arrive at the monthly rate that occurred in July 2013 and that Indonesia would have quietly acquiesced.

    Tony Abbott’s role in “stopping the boats” was at the margins and vastly overrated.

    John Menadue was Secretary, Department of Immigration and Ethnic Affairs 1980-83. Peter Hughes was a senior officer in the Department of Immigration and Citizenship for 30 years until he retired as Deputy Secretary in 2011.

     

  • John Menadue and Peter Hughes. Slogans versus facts on boat arrivals. Part 1

    Reposted from 22/09/2015

    How Tony Abbott helped to keep the door open for people smugglers.

    The ABC provided us with excellent coverage of the Turnbull-Abbott shoot out, but the various commentators still swallowed the myth that Tony Abbott stopped the boats. That is a great piece of spin, but the reality is different.

    This blog on 26 July 2015 argued that Tony Abbott did not stop the boats. The game changer was the announcement by Kevin Rudd on 19 July 2013, two months before the election, that any persons arriving irregularly by boat would not be settled in Australia. Boat arrivals fell quickly and dramatically as a result of this announcement, coming on top of other measures the Labor government had already taken. We will update that blog in the next day or so in Part 2.

    For the present, however, our argument is that Tony Abbott kept the door open for tens of thousands of boat arrivals in the first place. His failure to support the Malaysia Arrangement in September 2011 resulted in the surge of boat arrivals over the next two years.

    Consider key dates. In May 2011 the Australian and Malaysian governments announced an ‘in principle’ arrangement that up to 800boat arrivals would be transferred from Australia to Malaysia for their asylum claims to be heard and, in response, Australia would be prepared to accept 4,000 refugees from Malaysia. The arrangement with Malaysia was signed on 25 July 2011. The United Nations High Commissioner for Refugees (UNHCR) gave it qualified support.

    At that stage, people arriving irregularly by boat were running at about 2-300 per month. The table below shows the numbers at that time and what followed in the following 28 months.

    Number of illegal maritime arrivals who arrived in Australia by month            (1 January 2011 to 31 December 2014), by port arrival date. 

    SIEVS/BOATS IMAs
    2011 January 3 223
    February 3 149
    March 7 419
    April 6 318
    May 6 333
    June 4 235
    July 4 228
    August 5 335
    September 4 319
    September Abbott failure to support Malaysian Arrangement
    October 5 259
    November 10 734
    December 13 1,070
    TOTAL 70 4,622
    2012 January 5 301
    February 9 849
    March 3 110
    April 11 837
    May 16 1,286
    June 24 1,642
    July 31 1,756
    August 37 2,078
    September 31 2,062
    October 47 2,452
    November 44 2,663
    December 18 1,017
    TOTAL 276 17,053
    2013 January 11 541
    February 17 973
    March 35 2,320
    April 47 3,329
    May 47 3,252
    June 40 2,750
    July 48 4,230
    19 July 2013 Rudd announcement not to settle IMAs in Australia
    August 25 1,585
    September 15 829
    October 5 339
    November 5 208
    December 7 355
    19 Dec 2013 First Abbott turn-backs
    TOTAL 302 20,711
    2014 January 0 3
    February 0 1
    March 0 0
    April 0 0
    May 0 0
    June 0 0
    July 1 157
    August 0 0
    September 0 3
    October 0 0
    November 0 0
    December 0 4
    TOTAL 1 168

    The source of this data is the Senate Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru: Submission 31 from the Department of Immigration and Border Protection (DIBP). Crew are excluded. 

    Note that the table refers to the number of ‘Illegal’ Maritime Arrivals (IMAs). ‘Illegals’ is not a term that we think is appropriate, but the term is used in the material from DIBP.

    On 31 August 2011 the High Court found against the Minister for Immigration and Citizenship’s powers to transfer people to Malaysia under the Arrangement. In response, on 21 September 2011, the Gillard government introduced legislation – the Migration Amendment (Offshore Processing and Other Measures) Bill 2011 – which was designed to modify those parts of the Migration Act which caused the problem in the High Court. There was strong opposition to the Bill in the House of Representatives by the Coalition led by Tony Abbott and Scott Morrison who were bitterly critical of Malaysia. Bandt (Greens), Katter and Wilkie also opposed the Bill. Oakeshott said he would also oppose the Bill if there were not specific amendments. As the Bill was doomed, the government decided not to proceed with the legislation. (It was subsequently passed by the parliament in August 2012 after the Houston Report).

    There were some lags in the response of asylum seekers and people smugglers to gear up to the opportunities the Coalition and others had left open for them. The timing of boat arrivals were also affected by bad weather and heavy seas, typically in the period December-March.. Surges of people  of different ethnic background can also change the dynamics of people flow. But it is clear that after the legislation stalled, there was a substantial increase in boat arrivals, particularly from Sri Lanka and Iran. People smugglers saw the High Court decision and the failure of the Australian Parliament to amend the Migration Act as a clear signal that their business could proceed.

    From November 2011 monthly asylum seeker arrivals began to trend up again. In the month of May 2012 they reached 1286 and, allowing for seasonal variations, kept rising inexorably to a monthly peak of 4230 in July 2013.

    The Coalition had made clear its opposition in every possible way to the Malaysia Arrangement. That left the way open for a dramatic increase in boat arrivals.

    The Coalition under Tony Abbott was not interested in stopping the boats at that time. Its primary interest was to stop Labor stopping the boats – and they succeeded. Wikileaks revealed that a key Liberal Party strategist in 2009 told the US Embassy that ‘the more boats that come the better’.

    Political objectives drove Tony Abbott’s actions with little regard for the national interest and or the government’s attempts, in cooperation with Malaysia, to start building a regional cooperation framework to manage boat arrivals.

    There can be no doubt that the implementation of the Malaysia Arrangement, in the context of the numbers at the time, would have stopped the flow of maritime arrivals. It simply removed all incentive to make the last leg of the journey. It is unlikely that all of the 800 places would have been used. Coalition turn-backs have amounted to less than 700 people over a period of two years according to a recent announcement by the Minister Dutton.

    Tony Abbott must bear some responsibility for the more than 32,000 people who arrived irregularly by sea between September 2011 when he frustrated the Malaysia Arrangement and mid-2013 when harsher measures were reluctantly taken by the Labor government.

    As we mentioned above, we will also be updating an earlier blog that shows that Tony Abbott’s actions after the 2013 election were not the key to stopping the boats. The new Abbott Government dealt with the tail end of a dramatically reduced flow of people, but the real game changer was the announcement by Kevin Rudd on 19 July 2013 that any further boat arrivals would not be settled in Australia.

    The secrecy and drama surrounding a small number of boat turn-backs created the impression that they were the decisive factor, but, it’s time for a cooler assessment of the facts.

    John Menadue was Secretary Department of Immigration and Ethnic Affairs 1980-83. Peter Hughes was a senior officer in the Department of Immigration and Citizenship for 30 years until he retired as Deputy Secretary in 2011.

     

  • What is the driving force behind Jihadist terrorism?

    In this article, (link below) Olivier Roy identifies the patterns of radicalism which have led to terrorism. He describes these patterns

    • Frustration and resentment against society seems to be the only psychological trait they share.
    • The majority of the radicals come from second generation Muslims born in Europe
    • Many have histories of petty delinquency and drug-dealing.
    • It is clearly a youth movement.
    • Very few of them have a history of militancy, either political or religious.
    • There is an unusually high proportion of converts.
    • The more recent pattern is the recruitment of young women to marry jihadists.
    • The main motivation of young men joining jihad seems to be the fascination for a narrative.
    • The revolt is expressed in religious terms.
    • Radicals have a loose or no connection with the Muslim communities in Europe.

    Olivier Roy suggests that the aim of policies should be to accentuate the estrangement of radicals from the Muslim population and to dry up the narrative of Islam as the religion of the oppressed.

    I first saw this article reproduced in ‘Inside Story’ on 18 December 2015.

    http://insidestory.org.au/what-is-the-driving-force-behind-jihadist-terrorism

  • ISIL is really a revolt by young Muslims against their parents’ generation.

    In Quartz on 7 December 2015, Australian journalist, Emma-Kate Symons, shines a particular light on young Muslim terrorists. She argues that ISIL is really a revolt by young Muslims against their parents’ generation. We have seen that many times on numerous issues – younger people who reject the values and materialism of earlier generations.

    See link to article below.

    http://qz.com/562128/isil-is-a-revolt-by-young-disaffected-muslims-against-their-parents-generation/

  • Magical thinking about ISIS.

    Adam Shatz is the contributing editor at the London Review of Books. He lives in New York. In this article he says

    ‘The attacks in Paris don’t reflect a clash of civilisations, but rather the fact that we really do live in a single, if unequal world, where the torments in one region inevitably spill over into another, where everything connects, somethings with lethal consequences.  … For all its medieval airs, the caliphate holds up a mirror to the world we have made, not only in Raqqa and Mosul, but in Paris, Moscow and Washington.’

    See link to article below.

    http://www.lrb.co.uk/v37/n23/adam-shatz/magical-thinking-about-isis

  • John Menadue. Drownings at sea.

    Repost from 22/04/2015

    The recent tragic loss of 800 Libyans in the Mediterranean has given once again an opportunity for the Government to infer that Australia’s refugee policies are designed particularly to stop people drowning at sea.

    It is self-deception or worse for the Government to suggest that its policies towards refugees have been motivated by humanitarian concerns and not political advantage. Perhaps with guilty consciences self-deception is necessary.

    In Opposition the Coalition was not interested in stopping the boats to save people drowning at sea. Its political objective was to stop the Labor Government stopping the boats. That is why the Coalition with cooperation from the populist Greens voted in the Senate against amendments to the Migration Act which would have allowed the Malaysian Arrangement to proceed and curb boat arrivals, in cooperation with UNHCR. By frustrating the government, the Coalition showed no interest in stopping drownings at sea.

    On 10 December 2010 the SMH reported from Wikileaks that ‘A key Liberal Party strategist’ had told a US diplomat in Canberra in November 2009 that the issue of asylum seekers was ‘fantastic’ for the Coalition and ‘that the more boats that come the better’. With such a cynical approach, it’s hard to see much concern for innocent asylum seekers who might drown at sea.

    Scott Morrison told us on many occasions that asylum seekers bring disease, everything from TB to Hepatitis C, to Chlamydia and Syphilis. He told talk-back radio that he had seen asylum seekers bring wads of cash and large displays of jewellery. He urged the Coalition to ramp up its questioning … to capitalise on anti-Muslim sentiment. Does that sound like genuine concern for the lives of asylum seekers?

    Scott Morrison and Senator Abetz both called for the registration of asylum seekers moving into residential areas on bridging visas, just like paedophiles. Does that sound like genuine concern for asylum seekers?

    To provoke hostility to asylum seekers, Tony Abbott and Scott Morrison both continue to call asylum seekers ‘illegals’. They hope that we would think that asylum seekers were akin to criminals. That didn’t show much concern for the rights of asylum seekers.

    The Coalition’s campaign to demonise asylum seekers was overwhelmingly for political reasons. They succeeded.

    But please spare us the propaganda of suggesting that the Coalition’ policy on refugees was to stop drownings at sea.  It was not. It was crass and cruel politics.

  • Barney Zwartz. Christianity is dying out? Don’t count on it.

    Repost from 10/10/2015

    Recent predictions (and perhaps hopes) about Christianity’s demise in the West have been greatly exaggerated. But to the extent that the faith does disappear, it will be greatly missed, writes Barney Zwartz.

    Predicting social trends is usually an inexact science, but England’s influential Spectator magazine has boldly put a precise date on the disappearance of Christianity from Britain: 2067.

    If the number of UK-born Christians keeps sinking at the rate it has for the past decade, by 2067 they will be “statistically invisible”, Damian Thompson wrote.

    British Anglicans have fallen from 40 per cent of the population three decades ago to 17 per cent last year. Between 2001 and 2011, the number of Christians born in Britain fell by 5.3 million.

    Thompson writes:

    If that rate of decline continues, the mission of St Augustine to the English, together with that of the Irish saints to the Scots, will come to an end in 2067.

    Catholics also dropped in Britain, down to 8 per cent from 10 per cent in 1983, but they are a much smaller minority than in Australia, where they represent a quarter of the population. In both cases, numbers are buoyed by non-Anglo immigration.

    Thompson recognises that projection is not prediction, but it is plain that the trends are dire for British believers. Nor are they particularly encouraging for the churches in Australia.

    The churches have already had to accept the unpalatable fact that they have largely lost their once-automatic role as society’s conscience, and have become merely one voice in the crowded public square. But this is no bad thing – they are not silenced, they merely have to work as hard as everyone else to have their views heard.

    I do not doubt that the number of Christians in Australia’s Census – down to 61 per cent in 2011 from 86 per cent in 1971 – will continue to decline. A large proportion of that 61 per cent are cultural Christians, and as church attendance falls, so will cultural identity.

    However, this may well be balanced by other factors, so that the churches will find a new equilibrium. Other social trends are working in their favour.

    For example, as an ever-larger proportion of the population lives alone and looks for connections, churches stand out more strongly as an option. Other institutions that served this role, such as sporting clubs or niche groups, are often in sharper decline than the churches. This is shown in an interesting new trend: where a few decades ago people were converted and then went to church, today new members come to church for social connection and other reasons, and then (may) become Christians.

    In 2012, the Oxford Handbook of Religion and Health found in its systematic review of all the relevant studies, over and over again, a positive relationship between religion and mental health/well being. This may prove significant. The handbook reports that 93 per cent of 45 studies found that religion/spirituality is related to greater purpose and meaning. 73 per cent of 40 studies found that religion/spirituality is related to greater hope. 61 per cent of 413 studies found lower rates of depression or faster recovery from depression in individuals who are more religious.

    In August, the Independent newspaper in the UK reported a study of 9,000 people over the age of 50 which found that the only activity linked to sustained happiness was attending a place of worship.

    What does all this mean? I want to make two claims: first, that reports of Christianity’s demise in the West are greatly exaggerated; and second, that to the extent it does disappear, it will be greatly missed.

    As Joni Mitchell put it eloquently, “Don’t it always seem to go that you don’t know what you’ve got till it’s gone.”

    The churches will have fewer nominal attendees, so that members are more committed. As they continue their good works, but without much of the moralising of the recent past, the faith will become more attractive. It will be like the fourth century – before Christianity became the official religion of the Roman Empire and began its fateful courtship of power and authority.

    The early Christians’ courage and compassion – for example, staying in cities to found hospitals and tend to the plague-ridden when other citizens fled, as in the time of Emperor Decius – made a profound impression. There have been many like them ever since, going to the darkest and most difficult places, and improving people’s lives.

    With their lost moral authority, Christians will lose their social status – a process that is well underway. By this I don’t mean that a Christian doctor or saleswoman will be any less honoured as a doctor or saleswoman, but that their faith will not be seen as meritorious or contributing to whatever else they are.

    Already there are many in Australia who despise and condemn believers as irrational and foolish and are quite happy to say so; who talk of invisible friends, flying teapots or fairies at the bottom of the garden. Christians, sadly, have not always been generous when they were dominant, and cannot complain too loudly now.

    Part of that possible imitation of the fourth century will be that churches are made up less of society’s stakeholders – those with worldly success, and those who aspire to it. (That was one of the appeals of Christianity as the official religion – it was the side of the winners.) Instead, the believers will be like those the Apostle Paul described in his first letter to the Corinthians: “Think of what you were when you were called. Not many of you were wise by human standards; not many were influential; not many were of noble birth.”

    This brings me to my second claim: that if Christianity were to decline in the West to the extent that some believe, it will be a huge loss. If I accept the claims of atheist spokespeople that the number of real, committed believers in Australia is closer to 20 per cent than 60, as I do, then those 20 per cent are vastly over-represented in the ranks of society’s volunteers, helpers and donors. As one newspaper reported at the time, of the 41 aid agencies that rushed to Rwanda in 1994 to provide support and relief, 37 were Christian. Today in Australia, of the 30 largest charities, 26 are faith-based.

    Much of Australia’s social capital over the past two centuries was built by Christians, explicitly motivated by their faith to work not just for themselves but for the community at large. They believed they were called to love their neighbour – all their neighbours – and brought their (now-maligned) “Protestant work ethic” to bear on the problems and challenges of their time. The economy, and in particular the siren call of profit, is the only language that seems to move government or business now. Or at least, it is the most heard.

    In his Short History of Christianity, Geoffrey Blainey suggests that rather than dying out, Christianity is set to keep evolving and moving, declining and re-emerging, just as it always has. It’s a faith that has repeatedly reinvented itself, and while no revival is permanent, neither has been any decline.

    Despite the recent predictions (and perhaps hopes) of some, history suggests that this age-old pattern is likely to continue.

    Barney Zwartz is a Senior Fellow of the Centre for Public Christianity. This article was first published in The Drum on 5 October 2015.

  • Richard Woolcott. Australia’s role is in our region.

    There is no doubt that Malcolm Turnbull’s visit to Indonesia and his and Lucy’s contacts with President Jakowi and his wife have very substantially improved the situation between Indonesia and Australia that existed before Malcolm’s visit.

    The most recent and important meeting was between the Indonesian Ministers for Foreign Affairs and Defence with our Ministers for Foreign Affairs and Defence.  This meeting of the “two plus two”, as it is called and the press conference which followed underlined how the situation between Australia and Indonesia has changed and substantially improved.  This does not mean however that there are no on-going differences.  It was clear from the responses to the questions at the press conference that Indonesia, which is not a claimant state, is very careful not to adopt a negative attitude towards China’s activities in the South China Sea.  Both the Indonesian Foreign Minister and Defence Minister made it plain that all countries in the region shared an important interest in a stable peaceful approach to claims.

    Both the Indonesian Ministers for Defence and Foreign Affairs made it clear that they wanted Australia to maintain firmly the position that West Papua was a part of Indonesia.  The Australian Ministers in response to these comments indicated that Australia acknowledged West Papua as a part of Indonesia.  This does not entirely rule out Indonesian fears that we may over time change our position as we did in respect of East Timor.  But  East Timor had never been a part of the Dutch East Indies, as was the case with West Papua.

    My considered view is Australia needs to refocus on the important interests in our own Region – South East Asia, North Asia and the South West Pacific in what is now generally called the Asian Century.  Former Indonesian Ambassador to Australian Sabam Saigian and currently the Editor in Chief of the Jakarta Post wrote earlier this year the blunt commentary that “Australia is still stuck in the 20th Century mode.  It is a Monarchy with a Head of State in London and its security arrangements are largely Cold War relics…..Australia is out of sync with the emerging geo-political environment of Asia today”.

    I do consider we need to establish an updated and more balanced approach to the vital relationship between the United States and China.  There is a danger that adversarial attitudes towards China could become a self fulfilling prophecy.  The present debate on China mainly assumes that Australia has no choice but to support American primacy in Asia against the perceived rising Chinese hegemony, something which Xi Jinping has always denied.  Former Prime Ministers Hawke, Keating and the late Malcolm Fraser as well as most former Ambassadors to China and a number of academics can be expected to resist American” hegemony“ although they accept a cooperative and constructive United States role in Asia.  In my view Australia should not take sides on China Japan disputes or on rival territorial claims.  Our focus should be on unimpeded passage through international waters and trade routes.  Provocative actions by all claimants should be avoided.  Malcolm Turnbull was in his very recent visit to Japan cautious in this respect and very firm in opposing the resumption of whaling by Japan.

    Turning to the Middle East we should acknowledge that while there were reasons for joining the US led invasion of Afghanistan in 2002, fourteen years later with forty Australians killed, over five hundred billion dollars spent and more than thirteen thousand Afghan civilians killed on objectives once deemed to be indispensible such as national building and effective counter insurgency have been downgraded or abandoned because there are  no longer adequate resources, time or even a clear US will to achieve them.  Polls suggest that the US public  opposes US ground forces being involved in further conflicts in the Middle East.

    Australia needs a fundamental change in our national psyche focused more on Asia than on our well established links with the United States, United Kingdom, Canada, New Zealand (the “anglosphere”), and Europe.    We need a much more sustained conversation with our neighboring countries in Asia and the South West Pacific.

    Essentially terrorism has to be dealt with in each country, although discussion on dealing with it internationally can be useful and there was evidence  of new discussions between the AFP and the Indonesian police ,, although the Indonesian Foreign Minister did say that Indonesia wanted to check some of the information which they had received from the AFP.

    In the long term no bi-lateral relationship will be more important to Australia than that of Indonesia.  The stability, unity and economic growth of a predominantly (81%) moderate Muslim nation of two hundred and fifty million people stretching across our north and trade routes a distance from Broome to Christchurch in New Zealand is vital to Australia.

    There is some discussion in New York at present about an Australian interest in the Secretary Generalship of the United Nations, at present held by Ban Ki-Moon.  This will come up in the middle of next year.  It would normally be for the Eastern European group to nominate a candidate but there is some doubt that they will be able to agree on a candidate.  Although he publicly says he is not a candidate, it is quite widely regarded that Kevin Rudd is interested in the position and is privately working on securing it.

    We are to some extent locked into participation in the Middle East through our cooperation with the present Iraq Government and our role in support of British air activity. The essential fact however is that Australia cannot influence the outcome of the kaleidoscope  of changing activities between extremist Shiites,  Sunnis and Kurds and a range of countries with different objectives including Saudi Arabia,  Iran, Russia, Syria, Turkey, Israel, China and the Yeman.  Because our role is symbolic in that it will not lead to a solution in the foreseeable future, it would be desirable for Australia to withdraw from the enormously complex situation in the Middle East and focus our attention on our region of the world when we can do so.

    Tony Abbott on a number of occasions said that the first duty of a PM was to increase the safety of the Australian people.In fact his approach has made the Australian people LESS safe.

  • Ray Markey. The myths surrounding penalty rates.

    The article below by Professor Ray Markey was posted before the release of the recent Productivity Commission Report on penalty rates.

    Following the release of the report, Professor Markey commented as follows:

    ‘The Productivity Commission report presents no new evidence for increased employment from reduced penalty rates. Mainly there are theoretical economic arguments and modelling based on it. Time use survey data is very selectively cited and dated anyway since the last survey was in 2006. It clearly shows that people prefer weekends for being with family and friends and does not refer to studies showing it is difficult to make up during the week for this weekend time being lost due to work. The one new argument in the report is very interesting, namely that the onus of proof about the impact of reduced penalty rates on employment should be reversed i.e. employers shouldn’t have to prove this is the case to get changes – clearly an admission of a lack of evidence.

    It is tiring to hear penalty rates linked with productivity as the minister responsible, Senator Cash, did on radio this morning. It has nothing to do with productivity and neither the Productivity Commission nor the main employer submissions made this claim. Productivity increases would require increased output relative to inputs (labour). Reducing penalty rates will increase employer income and potentially profits, but it is inconceivable how it affects productivity positively. If the argument that employment will increase as a result of reduced penalty rates is true, it may have a negative impact on productivity. Cheaper labour costs certainly provide incentives for employers not to engage in innovation to increase productivity and this is the trap for low wage economies such as New Zealand, where they struggle with lower productivity than Australia and lower wages. Reducing penalty rates, therefore, is a distraction from the Prime Minister’s focus on an innovation agenda.’

     

    In the current review of modern awards before the Fair Work Commission, employers are challenging the level of penalty rates. At the same time, the Productivity Commission says excessive penalty rates for Sundays reduce hours worked, mean unemployment is higher than it needs to be, and reduce options for businesses and consumers. It wants Sunday penalty rates in some sectors to be set at the Saturday rate.

    A penalty rate for Sunday work was first implemented in Australia for working “unsocial” hours in 1919. The 1947 ‘Weekend Penalty Rates Case’ expanded penalty rates to Saturdays, while Sundays were set at a rate of double time. Later decisions specified that workers would need to be compensated for the loss of opportunity for family life and social time resulting from weekend work.

    More than 60 years on, employers argue the world has changed. It has, but many of the arguments employers make are not supported by the evidence.

    Myth 1: Given extended trading hours, it’s no longer abnormal for people to work weekends

    Most employees still do not work unsocial hours. According to the Australian Work and Life Index, 38 per cent of workers work unsocial hours; only 32.2 per cent of workers work weekends and 18.9 per cent of workers work evenings after 9pm regularly. These figures include the 13.1 per cent of workers who work both evenings and weekends regularly.

    Myth 2: It’s only young single people that work weekends.

    While being single with no children is more common than other family types among these workers, they are not a majority: there are also many couples both with and without children, and sole parents.

    Women are also more likely than men to work weekends. HILDA data indicates that only 22 per cent of male and 21 per cent of female weekend workers were dependent students; in other words, 78 per cent of all weekend workers were not dependent and pay their own bills.

    Myth 3: The disadvantages of working weekends are only bad for those who work very long hours.

    Employers argue that the adverse effects associated with working weekends are only relevant to those who work very long hours, and that the days and times themselves are no longer relevant, either because people no longer engage in the activities which previous decisions attempted to protect, or because these activities can be made up on other days and at other times.

    But those who work on weekends do so at the sacrifice of time with friends and family, time which cannot be simply made up through time spent at other times during the week. This is particularly acute on Sundays, which remain a time for spending time with family. In spite of claims to the contrary, the differentiation between Saturdays and Sundays remains relevant in modern Australian society.

    In general, the recompense of penalty rates is the key reason for willingly working weekends; with far fewer doing so to meet their own flexibility needs. However, the experience of the Work Choices era, and the importance and power of employer expectation, does suggest that many employees would not, in the absence of penalty rates, be able to avoid weekend work due to fear of losing their jobs, and indeed employees being forced to work weekends for no extra pay seems the most likely consequence of removing penalty rates.

    Myth 4: Those who work in industries that pay penalty rates are not low paid.

    Many workers on penalty rates are among the low paid. According to the Australian Work and Life Index, 37.8 per cent of workers who work weekends only and receive penalty rates rely on these to meet household expenses. This increases to 48.8 per cent for those working both evenings and weekends, and 52.2 per cent for Sundays only.

    Myth 5: Reducing or eliminating penalty rates would increase employment.

    The empirical evidence for increased employment as a result of reducing penalty rates is non-existent. Employer arguments have been based essentially on economic theory, which is merely hypothesis in the absence of empirical confirmation. What may be relevant in terms of the impact of wages on employment is that none of the available empirical evidence suggests minimum wages have a significant effect on net employment, a point reiterated by the Productivity Commission.

    While some studies do suggest a substitution effect, this would be a matter of balancing one set of employed workers against another — older workers versus youth. However, a number of studies suggest no effect at all, and some suggest a positive effect.

    Given the evidence, it is difficult to see any benefits likely to accrue from the abolition or reduction of penalty rates for employees, employment levels or greater availability of services to the public.

    Professor Ray Markey is Director of the Centre for Workforce Futures.
    This article was originally published on The Conversation on 2 December 2015.

  • Moira Rayner. Corrupt churches need women leaders

    Lord Acton said that ‘Power tends to corrupt and absolute power corrupts absolutely.’ It was in correspondence about the then pope’s proposed new doctrine of papal infallibility. It is often overlooked that he added, ‘Great men are almost always bad men, even when they exercise influence and not authority; still more when you superadd the tendency of the certainty of corruption by authority.’

    When I was a child, the greatest misuse of priestly power imputed to the ‘RCs’ was the sometimes brutal violence used in the ‘care’ of disobedient pupils, unmarried mothers, illegitimate and ‘removed’ children and orphans in institutions run by nuns, brothers and priests.

    Thanks to brave individuals and independent journalists, the sexual abuse permitted and distributed by some of these hands has been revealed in Australian parliamentary inquiries and the Royal Commission into Institutional Responses to Child Sexual Abuse.

    It is unfair to profile the one, Catholic Church for the sins of so many more whose patriarchal culture and authoritarian practices are shared by those who professed to ‘suffer the little children to come unto me … for of such are the kingdom of heaven’.

    Yet former bishops and archbishops have told the Commission that, yes, the Church failed its duty, protecting its reputation, wealth and ordained at the cost of children and complainants. Fairfax claimed the Melbourne Response saved the Church at least $62 million, by capping the amount payable to a fraction of what complainants would have been awarded had they not been dissuaded from suing.

    It is increasingly apparent that the Church’s moral failure to address the worm in its heart has poisoned the vine. By their fruits you shall know them.

    *****

    I am a laywoman, and in the Catholic Church could never be ordained.

    Like many women, I am active, as a spiritual director and retreat leader. As well, over the last decade I was briefly responsible for receiving complaints about professional standards in the Anglican diocese of Melbourne, and am currently a member of a professional standards committee for one of the Catholic orders. The majority of its members are women. They are laity, busy, unpaid, and without power.

    And thereby is some hope. Since Vatican II, successive popes have pledged a greater role for the laity to work with those who are ordained, and Pope Francis has emphasised respect for women religious, and some hope for long-squelched leadership roles for women.

    The Vatican bureaucracy is not pleased with this, or with women’s views on small matters such as admitting the divorced to the Eucharist.

    There is a traditional culture of brotherhood in the upper echelons of the Church at every level. There is also a natural urge to homosocial reproduction in its instrumentalities.

    If I have learned anything from my work with companies and organisations on cultural change, it is that these comfortable cultures need to be broken up, because they are, as Lord Acton said, so readily corrupted. Narrowly defined, corruption means people use their position and authority for personal rather than the church’s benefit (that is, the whole church, not just its office holders).

    More broadly, it refers to any violation of ethical and legal rules even when there is no personal gain, as in perjury, turning a blind eye, bending the rules, using violence to silence nay-sayers, wildcards and whistleblowers, or covering up physical and sexual misconduct, theft, and discrimination.

    The Royal Commission has revealed a corruption of compassion within the culture of Christian institutions, which strikes at the heart of their mission and spirituality. There is also, within most churches I believe, a culture of acceptance of ‘noble-cause corruption’; that is, illegal actions undertaken to achieve laudable ends, in this case, protection of the institution itself.

    This is one of the ills already addressed in the US. In 2014 the Australian Jesuit Province arranged a vist from Kathleen McChesney (pictured with Truth, Justice and Healing Council CEO Francis Sullivan), a former executive assistant director for the FBI, who had been employed by the American Bishops Conference to establish a system to deal effectively with preventing, and protecting children from, sexual and other abuse.

    It is evident over ten years that there has been genuine progress in easing out corrupt, incompetent or cowardly church officials there. Even within a clerical culture of loyalty towards brothers and fathers in a hierarchical organisation, it was possible to create a structural and procedural framework which had reduced the actual incidence of offending.

    Women do most of the hard work in parishes and form the majority of active parishioners. They know they have no authority. They are outsiders. Some are choosing to ignore what priests say and judge them by what they do.

    The best way to change such a culture is therefore to start giving women positions of real influence and respect — outsiders see what insiders cannot, causing interruptions to the easy transitions of assumed and unquestioned authority, and groupthink.

    Including women and thusly diversity at every level breaks up consensus and challenges noble corruption-fostering cultures. These challenges will be unwelcome but they are necessary if churches are to embody a gospel of love and protection of the marginalised and undervalued.

    Moira Rayner is a barrister and writer. This article first appeared in Eureka Street on 13 December 2015.

     

  • John Menadue. Our innovation-averse business culture

    Malcolm Turnbull’s Innovation statement sounded new, but was it? So much of what he said used to be called industry policy-technology parks, offsets, defense technology, support for inventors, and quality assurance. But Malcolm Turnbull dwelt particularly on the need for cultural change in business.

    I think that was new. He said that Australian businesses should be more willing to take risks and less fearful of failure. Many times he said that cultural change in business is essential. He is right.

    We do have a risk-averse business culture. And our society is much the same. We want to be comfortable. After all that is what John Howard urged us to become.

    In 2008, Dr Terry Cutler produced a Green Paper ‘Adventurous Australia’ for the Rudd Government. Following his disappointment with the Rudd government’s response on innovatio he said

    ‘Too many of our business owners or manager have what we might describe as a life-style approach to business. Even many of our so-called business success stories look like under-performers when bench-marked globally. This lifestyle model of business strategy imposes a false ceiling on ambition. Success is having the designer car in the garage and a holiday home or two. … At a recent forum, I actually heard people saying they didn’t need to expand or export because they were doing it quite comfortably as things are.’ 

    In 2012, David Gruen, Deputy Secretary of Treasury said

    ‘Management practices in Australia are mid-range. … We are well below top performers like the US, Germany, Sweden, Japan and Canada, but more similar to France, Italy and the UK. … Australia, like some other countries has a somewhat larger tail of companies with relatively poor management performance.’ 

    In August last year the Governor of the Reserve Bank told a Parliamentary committee that Australian companies were “too risk averse’ in focusing on sustaining a flow of dividends and returning capital rather than investing in future growth.

    We have been told many times about our risk averse business culture. Research and analysis confirm this.

    For example, in association with The Conversation, Roy Green, the Dean of UTS Business School and drawing mainly on OECD data, points to the following problems.

    • Australia still has a long way to go to catch up to its regional and global counter-parts in innovation. We trail well behind China, ROK and Singapore.
    • Australia’s pivot to a digital economy has stalled.
    • Venture capital investment has turned around in countries like the US, South Africa and Hungary, but in Australia it fell significantly between 2009 and 2014.
    • Australia has done little in the past ten years to lower barriers to entrepreneurship.
    • Australian businesses lack a high performance innovation culture.
    • Australia performs poorly on collaboration between the business and research sectors.

    These problems are highlighted in failure of regional linkages. Despite our heavy economic dependence on our region, our business sector has been very slow to respond. It gives lip service to building Asian expertise. But I have yet to learn or meet a board member or a senior executive of any of our top ASX 200 companies who can fluently speak a language of our region. How can we really cooperate well on innovation or indeed many other business areas with such an impediment! Those 200 companies would have over 3,000 senior executives and board members, but no Asian language expertise. That is quite extraordinary. It tells me a lot about business complacency The white male directors’ club keeps appointing people like themselves. They are comfortable as they are in their Anglo comfort zone. But comfortable people are unlikely to be good at innovation

    What is most indicative of the lack of innovation, risk-taking and entrepreneurial flair is the way our Business Council of Australia and other employer groups are invariably pressing governments to change economic policy and industrial relations in their favour. Now they are pressing for reduced company and individual tax and changes in penalty rates. Why don’t they concentrate on managing their own business instead of lobbying governments to fix their problems? They should stick to their knitting.

    So much business energy was spent lobbying against a carbon tax or an ETS that we have missed a decade in developing a new economy based on renewable energy. Many of our entrepreneurs in this field have gone overseas.

    It is not as if our business executives are poorly paid. They are extremely well paid but too often the salary packages are geared to short-term results rather than medium or long term results. Innovation takes time.

    Too often we all become complacent. We acknowledge a problem, take some remedial steps and then go on ‘smoko’ again.

  • Ranald Macdonald. Meet Mark Scott’s heir apparent, a businesswoman with close ties to the Murdochs.

    “The announcement of Michelle Guthrie as the new ABC supremo by ABC Board Chairman Jim Spigelman is shrewd and just maybe a winner.

    Of course, one cannot judge the performance of a driver until she is actually behind the wheel and showing her stuff.

    An “A” for innovation, though, for the Board on its decision – and (perhaps) it is an appointment which will not be slammed by the News Empire (after all, M’s Guthrie worked for the Murdochs for some 13 years).

    To that I would add, at least a potential “B-plus” for her performance as an administrator, someone with international experience in media and new technology and the excitement of being the first woman to be executive head of our National broadcaster.

    Those concerned with the budget cuts, the increasingly Sydney-centric nature of our ABC, the 500 staff reduction and the dreadful impact of the breaking of the Australia Network contract, plus the loss of ‘spread’ around the continent,  know that M’s Guthrie has many challenges filling her inbasket.

    (Incidentally, an interesting finding on Q & A was the imbalance on the panels with the Sydney domination, which would have been worse but for Christopher Pyne’s regular appearances! How to stop the ABC becoming the Sydney-ABC?)

    For an understanding of the benefits and challenges of the new media, no worries. For living within budget – and perhaps providing government with further budget savings and introducing advertising revenue (will iview be charged for?), perhaps a slightly concerned “B”.

    For a commitment to quality programming for all of Australia and fighting for the funds to achieve it, that is a challenge.

    As is, how to deal with editorial leadership and defence of independent reporting in the public interest, programming decisions and a commitment to present an authentic Australian voice into SE Asia and the Pacific – and Australians reporting back to us in terms relevant and understandable.

    We await outcomes, so with the hope for an improvement of a provisional, but concerned, “C-plus” – though there is an important debate to be held as to whether the job is too multi-faceted for one person and whether an editor-in-chief should be appointed by M’s Guthrie, responsible to her. It would at least provide a shield for journalistic decision-making and choices, which politicians noisily seek to influence.

    Anyway, a welcome to the new CEO from ABC Friends – and we hope to meet and discuss where Michelle Guthrie wishes to take the ABC to. We suspend judgement, but my provisional marking on her appointment averages a “B-plus” – without being influenced by the Murdoch years on her C/V.

    Ranald Macdonald – former MD of The Age and National Campaign Manager of the ABC Friends.

  • Caroline Coggins. Christmas and weed mats

    Weed mats are used to grow a garden.  A weed mat lets us relax and focus on what we want to grow. There’s no need to labour over all the weeds that need pulling, make neat rows and certainly not break up the top soil, destroying the ‘nature’ of the soil.

    What we actually want to grow/love/know gets us up each day, like Mary’s “Yes.”

    December the month of Advent, waiting on the coming of our God, can be overwhelmed by the ‘glitter of the Christmas tree’. Yet there is a pulsing of hope that is palpable.  Most of us desire to feel connected, be loved, share, to give and receive. But we can be disappointed: too much to do, not enough space, the failure of our expectations to fruit in a meaningful way. Often our deepest need for meaning is left wanting.

    St. Ignatius, founder of the Society of Jesus, says that our choices decide our orientation, what will shape our life. Making decisions is the heart beat of the Spiritual Exercises of St Ignatius. Making decisions are a bit like putting down a weed mat.

    Recently I attended a gathering of Jesuits and lay who work in their ministries. Two priests celebrated their final vows after twenty years. Each of us there felt their “Yes”, not necessarily as a final vow, but as a yearning to know and follow what is calling us. This “Yes” will hold us, both in the moving toward and the fall away. It will bring us back home. Ignatius referred to the Jesuits as ‘minima compania,’ in other words, we are the least, ‘just’ earthly vessels, limited and fragile, yet in this vulnerability the transcendent power of God is at work.

    We are nothing special, but the vow, what we do internally, is something very special. I think it takes a long time to realise that we are ‘minima’.  It is when we let God be God.

    One of the priests talked of his experiences of being led gently, both by a mentor who was a big part of his formation, and the people/parishes who shaped him these last 20 years since his first vows.  Such accompanying is not about knowledge but walking beside. We grow into life, we don’t just arrive fully formed. It’s something that our perfectionist and self-reliant striving selves seem to forget.

    We know that the story of Jesus is such a story: Mary will search in her heart and say “Yes”; God will show us the way to be become human by giving us his Son, thus becoming pulsing beings listening to the deepest part of our selves. The three wise men said “Yes”, they listened to and followed their hearts, they followed the stars.

    Why weed mat?  I think most us can feel pressured to look neat and tidy, with everything ordered.  We have many weeds and we can be unfocused. But now we wait, Christ will come, and the weed mat will help us, not to get busy and lost in the weeds, but with our “Yes”. We are loved as we are. Then a hole is poked through for the seedling to emerge, right there amongst the weeds. We just need to make some room for the little plant, a space for the light to shine through.

    Christmas is like that, a mess of all things, but in the midst is the baby Jesus, vulnerable like us. He grows, loved and nurtured by Mary and orientated entirely to his Father. We wait in joyful expectation, knowing that in the chaos we can behave just like a weed mat. It’s the “Yes” in the midst of everything that allows his light to shine through.

    We cannot do everything,
    And there is a sense of liberation in realising that.
    This enables us to do something, and to do it very well,
    It may be incomplete,
    But it is a beginning, a step along the way, an opportunity for the Lord’s Grace
    To enter and do the rest. We may never see the end results
    But that is the difference
    Between the Master builder and the worker.
    We are workers not Master builders,
    Ministers, not Messiahs. We are prophets of a future not our own.

    (Often called ‘Romero prayer’ written by Ken Untener in honour of Oscar Romero in 1979)

    Caroline Coggins is a psychotherapist.

  • To solve the Syrian Crisis, we need to overcome these three obstacles.

    In the Huffington Post on 9 December, Seyed Hossein Mousavian describes the three issues that need to be addressed in order to solve the Syrian crisis. For link to this article, see below.

    http://www.huffingtonpost.com/seyed-hossein-mousavian/syria-crisis-obstacles_b_8740514.html?ir=World?ncid=newsltushpmg00000003

  • Peter Burdon. Why is the business world suddenly clamouring for a global carbon tax?

    Among the various interests at the Paris climate talks, it is arguably the voice of business that has emerged most clearly. Many business leaders are now saying that if the world is intent on reducing greenhouse gas emissions, there must be a worldwide price on carbonand a framework for linking the 55 schemes that exist in areas such as China, the European Union, and California.

    Momentum has been building since May, when six of Europe’s largest oil and gas companies, including Royal Dutch Shell and BP, issued a letter calling for global carbon pricing system. That month, leaders from 59 international companies also signed a statement calling for carbon pricing to feature in the Paris agreement.

    Advocacy has continued during the Paris negotiations. For example, Patrick Pouyanné, chief executive of French oil and gas giant Total, argued that the shift from coal to gas “will not happen without a carbon price”. He suggested that a price of US$20-$50 in Europe was required (well above the current price).

    Oleg Deripaska, president of the world’s largest aluminium producer Rusal, put the issue in stronger terms, describing the idea of voluntary national emissions commitments (upon which the Paris agreement largely hinges) as “balderdash”.

    Asked what success would look like from the Paris negotiations, Deripaska replied:

    A success [for most people] would be lunch at a nice French banquette with foie gras and oysters. But no, seriously, it is carbon tax or die.

    Carbon tax on the menu?

    It is not clear whether a carbon price will figure in the Paris agreement. But it is important to consider what is motivating some of the world’s highest-emitting companies to advocate for a carbon price. And what other, perhaps more intrusive plans for tackling climate change would be taken off the table?

    Businesses have a stronger presence at COP21 than at any previous climate negotiation. They know which way the wind is blowing and realise that governments might require painful and complex interventions to reduce emissions. Moves are afoot to decarbonise the world economy some time after 2050 (see Article 3 of the latest draft text, and there has been strong advocacy for a moratorium on new coal mines.

    Helge Lund, chief executive of British oil multinational BG Group, argues that a carbon price reduces government intervention and attempts at “pick[ing] winners in terms of energy technologies.” Instead, he argues: “the market will dictate the most efficient solution”.

    Forecasts from the International Energy Agency suggest that fossil fuels (including coal) will provide the bulk of energy demand for developing countries going into the future. Companies intend to meet that demand. Thus, Shell can simultaneously advocate putting a price on carbon and make plans to drill in the Arctic where production will not begin until 2030.

    While that might sound perverse, there is actually nothing inconsistent about those two positions.

    One way for energy companies to maintain economic growth in a carbon-priced economy is to shift investments gradually away from coal and oil, and towards gas. That is why Shell has paid US$70 billion for the BG Group.

    Of course gas might come under similar pressure in time, but as the Financial Times has reported:

    …oil companies’ skills and assets mean that finding and extracting gas is a short and natural step. Moving into renewable energy is a much bigger leap.

    This can be seen in the many examples where energy companies have struggled to develop other forms of energy, such as BP’s ill-starred attempt to brand itself as “beyond petroleum” and invest US$8 billion over ten years in renewable energy. The company has since backtracked on that goal, has left the solar market, and has no plans to expand its onshore wind investments.

    Beyond markets

    Of the 185 countries that have submitted climate targets ahead of the Paris talks, more than 80 have referenced market mechanisms.

    Clearly, a price on carbon is going to play a role in attempts to tackle climate change. This is a good thing but it is not sufficient and must not become a distraction from other serious interventions.

    Recent research confirms that we do not have time to wait for energy companies to transition at their own pace from fossil fuels to renewable energy. For example, last week Kevin Anderson from the Tyndall Centre for Climate Change Research published a paper in Nature Geoscience which argued:

    The carbon budgets associated with a 2℃ threshold demand profound changes to the consumption and production of energy … the IPCC’s 1,000 gigatonne budget requires an end to all carbon emissions from energy systems by 2050.

    A carbon budget consistent with 2℃ (let alone 1.5℃) requires a dramatic reversal in energy consumption and emissions growth. Governments should treat overtures from business with caution, even if businesses are making the right moves. They need to ensure that these moves are made at a speed that suits the climate, rather than just business.

    Peter Burdon is Senior Lecturer, Adelaide Law School, University of Adelaide. This article was first published in The Conversation on 11 December, 2015

  • Peter Day. The Cupboard.

    “There you go, Peter, today’s pay. Don’t waste it.”

    “Thank you, Mr Boss; I can now buy some paint for my cupboard. Have a good night, Mr Boss, I’m going home now.”

    “Okay, Peter, see you tomorrow … same time?”

    “Yes, Mr Boss, same time, same time: fifty-five past 8 o’clock in the morning.”

    It usually took Peter an hour to get home as he navigated the bustling alleys and back streets of Kolkata, passing fruit vendors, beggars, monks, sewerage drains, smoking meats, motorbikes, street kids, temples, magicians, orphaned dogs-cats-and-rats; not to mention the myriad friendly faces ‘who just had to be smiled at’. Really, it was a journey of 1,000 “hellos”, with each greeting accompanied by a gentle, respectful bowing of the head. Peter was always conscious of being polite, which wasn’t at all difficult thanks to an innate fondness he had for his fellow man; a true philanthropist, you might say – if a very poor one. This gentleness flowed from the nurturing and modelling of his beloved grandmother – more on her later.

    Generally, it was spot on 8pm when Peter strolled into his tenement building. He was a stickler for punctuality: “Eight-hours-after-12-o’clock-midday is my always homecoming time,” he’d insist with a twinkle in his eye.

    The building was a similar age to Peter, thirty-plus years, but not in nearly as good a shape. It stood like a tired old man carrying a heavy yoke. Perhaps if someone blew hard enough it too would tumble over. Socks, towels, t-shirts, electrical cables, TV antennas, and assorted sneakers hung messily from balcony rails and windows betraying the reality within: unforgiving, overcrowded chaos – two-hundred rooms worth.

    Usually it was three minutes past ‘eight-hours-after-12-o’clock-midday’ when Peter entered the first floor corridor to commence his settling-down-for-the-night routine. It was all very simple: he’d roll out a Hessian mat, say a quick prayer of thanks, then lie down very quietly next to his cupboard: “The most cleanliest and tidiest cupboard in all Kolkata,” he’d rejoice with anyone who was interested – not many were.

    The cupboard, like his gran, was a significant presence in his life, and he dutifully attended to it as if it were the Taj Mahal. Probably his most important duty was its annual Christmas painting: this year, bright yellow; last year, bright green, and the year before that, bright red.

    It didn’t make much sense to his neighbours, this attentiveness to an unremarkable cupboard in an even less remarkable building. “I bet,” some passers-by would scoff dismissively, “I bet that’s where he keeps the proceeds from his pick-pocketing and thieving … or maybe he’s got some pet rats!”

    Peter hadn’t chosen a good place to sleep either: a busy corridor with lots of people traffic. It wasn’t uncommon for someone to nudge him with a discreet kick, while others would bark, “Why don’t you pay for a room like the rest of us; and who gave you permission to paint that cupboard, anyway?”

    “Sorry, sir, sorry, sir,” Peter would reply patiently, respectfully, which tended to disarm his plaintiffs.

    “Arrgh, never mind, never mind; but make sure you clean-up your mess.”

    Sure, to outsiders it was just a cupboard, but Peter knew otherwise. Indeed, he knew everything there was to know about it including its dimensions – and to the nearest millimetre, thank you very much: “Five foot 3.2 inches long, two point zero feet exactly high, and four foot plus 6.6 inches deep.” 

    Despite these modest proportions, Peter’s Christmas painting rituals were long, drawn-out affairs; usually around six hours. Each brush stroke was akin to patting a much loved pet: gentle, slow, and tender. This wasn’t just another chore, rather it was a sacred action: comparable to a sacristan polishing a tabernacle or decorating an altar.

    What was also compelling about the cupboard was how immaculately clean Peter kept it; it was literally spotless inside and out. This was in stark contrast to the rest of the building which had been meekly surrendered to the powers of dust and grime and cockroaches and rats and ablutions.

    While Peter’s annual working-bees were not to everyone’s taste, especially this year’s yellow, the cupboard certainly offered some respite from the colourless apathy and neglect that abounded.

    Peter’s attention to detail was another virtue that could be traced back to the guidance of his grandmother: “If a job’s worth doing, Peter, it’s worth doing well.” He’d first heard that gem when he was about seven.

    Indeed, much of his memory was infused with his grandmother’s wisdom and teachings. He adored her: “My bestest and favouritest person in the whole world.”

    She was also the one who made sure, unlike the busy, distracted people around him, that Peter knew he was truly loved and truly valued. “The world needs more like you, dear grandson; don’t let anyone tell you otherwise.”

    This was a difficult truth for Peter to grasp because every day he was reminded in someway that he was a ‘bit slow’, and very poor.

    No wonder, then, the care and attention he afforded his cupboard. After all, that was where his beloved grandmother slept, and it was his duty to keep her safe in a nice, bright place:

    “The cleanliest and tidiest cupboard in all Kolkata; Merry Christmas, grandma.”

     

    This is a fictional tribute to Peter de Cruz who did indeed keep his grandmother safe as she slept in a cupboard next to him in the corridor of a tenement building in Kolkata, India.

  • Tony Doherty. Removing the wrapping and ribbons from Christmas.

    Do you know the story of the birth of Jesus?

    What a silly question!

    At this time of year, it is impossible to escape it.

    Children remind us in their charming Christmas plays. Shopping centres play carols until we could scream. Television programmers dust off their 1950’s biblical dramas. Churches decorate cribs – the odd donkey even appears in more adventurous parish churches.

    But how much of this story comes from the four gospels?

    Let’s unwrap some of the shiny paper and see what’s really inside.

    Mark, the writer of the first gospel, doesn’t mention Jesus’ birth at all. His story begins with Jesus as an adult. John offers a soaring poem about the Word of God – but no birth. Matthew and Luke tell the story of the nativity, but each from their own particular perspective.

    Matthew tells of Joseph’s understandable disquiet about Mary’s pregnancy, but the moment of birth is almost an aside. He gives us the visit of the Magi following a mysterious star, a wicked king with designs on killing the infant, and the refugee escape of the family to Egypt.

    Luke tells the story of an angel visiting the young Mary of Nazareth and her faithful acceptance of a puzzling and unknown future; of the girl Mary’s elderly cousin Elizabeth and her future son, John; of Mary’s journey to Bethlehem and the birth of her baby attended by the farm animals; of shepherds and angels; of the baby’s circumcision; and later, of how the boy Jesus is presented in the Temple and subsequently lost.

    Intriguing accounts and even more intriguing anomalies. But where do they leave us?

    Simple stories are remembered better than complex ones. But sometimes they miss the subtleties. So over time, the remarkable differences between these gospel stories have been scrambled together into one heavily edited – and romanticised – story.

    But wait! There’s more. Matthew actually begins his story with an endless list of mostly strange names, the genealogy of Jesus – a sort of first century Ancestry.com.

    Remember the (very male) chant – Abraham fathered Isaac, Isaac fathered Jacob, Jacob fathered Judah, Judah fathered Perez and Zerah, whose mother was Tamar, Perez fathered Hezon, Hezon fathered Ram, Ram fathered Amminadab… and so on. This is about the place I usually drop off to sleep.

    This genealogy, which we frequently ignore, is a remarkable story showing that the family of Jesus arose from a line that included quite dubious and colourful characters, more disreputable than a group of drunken uncles at a Christmas dinner.

    If you take the wrapping off some of these stories you find liars, murderers, prostitutes, power-grabbers, corrupt officials – sinners of every sort. Humanity at its worst. Jacob did steal his brother’s birthright. Judah did sleep with his daughter-in-law. David did commit adultery and murder to cover it up. No wonder we protect the kiddies from this part of the Christmas story.

    The moral behind the genealogy – if I might stretch myself to suggest one – seems to be that out of this sorrowful saga is born a miracle of grace.

    That’s not the whole story, of course. Before the nativity, there were women and men of vision and courage; passionate searchers. There was the sublime poetry of Isaiah, the determined leadership of Moses, the courage of prophets like Elijah who spoke truth to power, and the delicate wisdom of the psalms.

    It was from this background that the story emerged of a young homeless couple’s baby born in the filth and stench of an animal shelter. A baby who would soon be part of a refugee family looking for a home.

    The Christmas story, as told in the gospels, never avoids the gritty reality of genuine human lives. It never whitewashes its history. Nor should we. We tend to idealise and spiritualise the story – understandably, I suppose. There’s no need to be a total grinch and take the fun, beauty and romance entirely out of the story, but remember – it is a tale told by a Church populated by struggling, bruised, confused and searching human beings. It was ever thus.

    Today we need to go no further than honestly face the sea of sexual abuse stories and the damage this has caused in the lives of so many.

    Christmas asks us to be open to recognising the sacred in the commonplace, even inside the darkest corners of our lives – the bombed-out cities, families in refugee detention centres, and the marginalised with little food and water, struggling to survive. On Manus Island, in Beirut, in Paris, in Nigeria. In a little boy washed up on a Turkish beach.

    Is there no limit to the darkness?

    When you untie the ribbons from the story, drop the tinsel and unwrap the shiny paper, Christmas is about a light being seen through the darkness of a very bleak world. It’s about the miracle of grace shining through such brokenness, in the person of a tiny baby.

    Monsignor Tony Doherty is parish priest at St Mary Magdalene, Rose Bay.

  • Andrew Leigh. Putting the spotlight on company tax dodgers

    Every year, the International Tax Review nominates its ‘Global Tax 50’ — the people and organisations who are most influential in improving tax systems around the world. Two years ago, David Bradbury made the list, for being “a vocal and proactive voice on a variety of tax issues”.

    One of Bradbury’s award-winning reforms was tax transparency — laws that required the tax office to report the tax paid by firms with total income above $100 million. The Liberals didn’t like the change, and voted against it at the time. After winning government, they set about trying to repeal it — first by warning of kidnap risk, and then by suggesting that it might embarrass some firms if the public knew how little tax they paid.

    Farcically, the government said that it wouldn’t pass its own multinational tax package unless the parliament agreed to wind back secrecy. In effect, Scott Morrison was holding a gun to his own head, but the Greens fell for it. On the last day of parliament for 2015, the Greens Party agreed to amendments that kept two in three private companies out of the tax transparency net.

    This week’s release of tax transparency data has shown the value of letting the sunlight in. The 1300 economic groups covered by the report had a combined taxable income of $170 billion, and contributed $40bn in tax towards funding Australia’s schools, hospitals and roads.

    Worryingly however, the tax office report also reveals that one in four of these companies paid no tax despite earning over $100m in revenue. In the energy and resources sector, 57 per cent of multinational firms paid no tax, while in the banking and financial sector the figure was 45 per cent. The companies concerned will no doubt want to explain these figures further to their customers and the Australian community.

    Tax transparency matters because without it, we have no way of knowing if big companies are paying their fair share. There are plenty that do, and their contribution deserves acknowledgment.

    More importantly, though, it is clear some firms don’t. When companies are paying tax at a fraction of the standard rate, Australians should ask why. At a time when the government is talking about raising the GST to 15 per cent — a decision that would hit low-income Australians hardest — it is right that we should look closely at whether all taxpayers are making a fair contribution.

    While Labor has supported the Government’s baby steps on multinational tax, we don’t believe they are enough. We are particularly concerned about the government’s unwillingness to address the practice of companies loading debt into Australia to artificially inflate their tax deductions.

    Thanks to the ongoing corporate tax inquiry — particularly the work of Labor senators Sam Dastyari and Chris Ketter — we know that some big companies are transferring money into their Australian arms and dressing this up as a loan, even though it’s really just shifting money from one pocket to the other. In paying back these artificial loans, companies can send their profits overseas while pocketing a tax deduction at the same time.

    That’s the problem Labor’s package zeros in on. By moving to a worldwide gearing ratio approach, companies would only be able to claim deductions against the average amount of debt they owe to banks around the world.

    Labor’s plan is grounded in careful OECD work, and costed by the Parliamentary Budget Office. By closing loopholes, we recognise that Australia needs a tax system that rewards the productive, the innovative, the resilient, the clever and the competitive. Not a tax system that rewards those willing to push the envelope the furthest.

    We need a plan to win investment from the world, yes. But this plan should work because big firms think it is worth buying into Australia — not because our government thinks they have to cut special deals that sell us out. A plan that leverages the ingenuity of the Australian workforce, the strength of Australia’s institutions and the quality of Australia’s infrastructure.

    Our plan for winning investment from the world should not be premised on how big a tax break companies can get here, because that is not a competition we’re ever going to win. If we want to join the countries at the top of the global league table, we need to invest in growth, not engage in a race to the bottom with our tax loopholes.

    In recent weeks the OECD has handed down the final set of deliverables for its Base Erosion and Profit Shifting Action Plan. This plan has been more than two years in the making and lays out a comprehensive 15-point agenda to close the loopholes that have opened up in the tax net due to changing technology and an increasingly global business environment.

    The 15 items on the action plan tackle everything from the taxation of intangible goods to hybrid instrument rules and the creation of a multilateral tax instrument to allow more rapid co-ordination of rules between OECD countries in the future. Australia is making progress in some of these areas — for example, the effort to extend the GST to digital downloads, which was supported by both Labor and Liberal state and territory governments. But there is still a lot of work to do.

    The Treasurer has the OECD’s blueprint, and Labor’s costed proposals. He must now choose between his regressive measures and our progressive proposals. Unlike a 15 per cent GST, closing multinational tax loopholes won’t impede growth, worsen inequality or make housing less affordable. There should be no more excuses and no more delays when billions of dollars in tax revenue are potentially at stake.

     

    Andrew Leigh is the Shadow Assistant Treasurer. This article first a appeared in the Business Spectator on 17 December 2015.

     

     

     

     

  • John Duggan. The effect of healthcare privatisation on patient outcomes

    Recent actions by the Federal Minister of Health and her predecessors indicate the government’s aim to shift hospital care from the public to the private sector. Associated with this is the   developing perception that private hospitals are superior just as private schooling is increasingly held to be superior to publicly funded schooling.

    However, while there are massive data available comparing standards and outcomes in the school system, public, private and Catholic, there are virtually no Australian data comparing the two hospital systems; the only study found is a Productivity Commission report outlining the equal inefficiency of both systems.    http://www.pc.gov.au/inquiries/completed/hospitals/report

    The Federal, State and Territory Health Departments are treasuries of relevant data awaiting the will, finance and logistics to convert data to information and information into knowledge.. The absence of such  data comparing quality of care and outcomes in the two healthcare systems, contrasting with educational data may be attributed to apathy or to the power of vested interests ,.However, studies from the US and , Canada indicate that it can be done,. recognising that in Australia, as the Productivity Commission reported,, the data sources are multiple and ill-coordinated. and that both systems function at 20 % below best practice,.,

    To interpret the US data, it is necessary to understand that, at least until the Obama legislation, there were several hospital systems and funding mechanisms. There were the not-for-profit hospitals often run by religious or community//civic groups , for- profit institutions, generally investor owned and part of a chain, and thirdly, those owned by cities or universities.

    A detailed analysis of 14 studies in the US, totalling 36 million admissions to 26,399 US hospitals 1982 – 1995 http://www.ncbi.nlm.nih.gov/pubmed/12054406 .compared  for-profit versus not-for-profit hospitals .It showed  a small but statistically significant 2% elevation in mortality in for-profit hospitals. Six of the component studies showed a statistically significant advantage for not-for- profit institutions; while only one study           showed a similar advantage in for-profit hospitals. The only obstetric study, that of 1,642,002 patients in 241 hospitals showed a highly significant 9.5% increase in mortality rates for babies in for-profit hospitals.

    In another study the U.S. Health Care Financing Administration studied data on 3100 hospitals, adjusting for differing patient characteristics. Lower mortality rates were associated with teaching hospitals, a higher proportion of board-certified medical staff (specialist qualifications), a higher proportion of registered nurses and higher payroll expenses i.e. staffing levels. A higher mortality rate was associated with for profit and public (in Australian parlance state-owned) hospitals compared with not-for-profit hospitals .http://www.ncbi.nlm.nih.gov/pubmed/?term=NEJMED++19

    The U.S. Joint Commission on Accreditation of Healthcare Organisations and the Centers for Medicare and Medicaid Services studied data submitted in 2004 to the American Hospitals Association on coronary occlusion, heart failure and pneumonia. Detailed statistical analysis showed that “for-profit hospitals consistently underperformed not- for-profit hospitals”. The conclusion reached was that “Patients are more likely to receive high quality care in not-for -profit hospitals and in hospitals with high registered nurse staffing ratios and more investment in technology”.http://www.ncbi.nlm.nih.gov/pubmed/?term=landon+in+Arch

    Of several studies of specific conditions, one of the largest compared outcomes in for-profit and not-for-profit renal dialysis centres in the U.S http://jama.jamanetwork.com/article.aspx?articleid=195538. In a review based on 500,000 patient years from 1973 to 1997 in 1342 facilities, six of the eight studies showed a statistically significant increase in mortality in for-profit facilities, one only suggested the same and one suggested lower mortality in for- profit institutions. The authors conclude that “there are annually 2500 (with a plausible range of 1200-4000) excess deaths in U.S. for-profit centres”.

    Another study examined the evidence for performance differences between for-profit and not-for-profit psychiatric inpatient facilities since 1980. All but one of these

    studies found that not- for- profits performed as well as or better than the for-profit psychiatric organisations. http://www.ncbi.nlm.nih.gov/pubmed/12556598

    In view of the Federal government’s push for cost savings through efficiency we should compare health care administration costs in the U.S. and Canada (http://www.nejm.org/doi/full/10.1056/NEJMsa022033) .While the two countries share many social characteristics with excellent databases, their health care systems are quite different. Canada had a centrally funded health care system and a single payer – the government, while the U.S, .like Australia, had a multitude of health insurance systems with multiple payers. In 1999, health administration costs were at least   $1059 per head in the US compared with $307 per head in Canada. Thus, administration accounted for 31% of health care expenditure in the US but only 16.7% in Canada. In the 30 years to 1999 administration’s share of healthcare labour force expenditure went from18.2% to 27.3% in the US whereas in Canada it rose from 16.0% to 19.1%.

    Privatization also uses more doctor’s time. A recent study of treating doctors in the U.S. showed that they devote an average of one sixth of their time to administration; psychiatrists top the bill at 20% whereas paediatricians only spend 14%.http://www.ncbi.nlm.nih.gov/pubmed/25626223

    Only one study comparing Quality of Care issues in investor owned and not-for-profit Health Maintenance Organisations in the U.S. has been found. http://www.ncbi.nlm.nih.gov/pubmed/10411197 Data from the National Committee for Quality Assurance’s Quality Compass on 329 HM0 plans showed that the 248 investor owned plans had lower scores for all the quality of care indices than the 81 not- for- profit plans.

    There is, however, one aspect of the U.S. studies relevant to Australia. A recurrent theme there is the association of better outcomes with medium and large size hospitals, and for procedures performed by experienced doctors with specialist qualifications.http://www.nejm.org/doi/full/10.1056/NEJMsa0907130 http://www.nejm.org/doi/full/10.1056/NEJMsa012337 http://www.nejm.org/doi/full/10.1056/NEJMsa035205

    Whether there is significance in the fact that there are in NSW 380 public hospitals but more than 600private hospitals remains speculative.

    Overall, while the U.S. findings are relevant to the U.S,  their application to Australia is debatable; unfortunately we lack any data to indicate that the deplorable US system is replicated here. With the enormous and growing cost of Healthcare in Australia, surely the time has come to consider an analysis of the costs and patient benefits of the various healthcare systems in Australia , such as has been done in North America..

    Conjoint Professor John Duggan, School of Medicine and Public Health, University of Newcastle.

     

  • Walter Hamilton. The Great Wall in the South China Sea

    As Australians enter the end-of-year ‘doze zone’ they would do well to take time to watch a report, available online, prepared by the BBC’s Rupert Wingfield-Hayes, which lifts the curtain on China’s bid to permanently militarise the South China Sea.

    Wingfield-Hayes and his crew defied threats from the Chinese Navy in order to video construction activity at several disputed coral reefs currently being turned into military airfields and bases through massive dredging and construction operations. The BBC report shows scores of ships moored around what previously were largely submerged atolls.

    This is the modern equivalent of the Great Wall of China going up before our eyes­­––except that it’s not easy to train our eyes, or our cameras, on specks of land in a distant sea. China is counting on that.

    The Spratly Islands are variously claimed by Vietnam, the Philippines, Malaysia, Taiwan and, of course, China. Beijing is intent on resolving this long-running territorial dispute unilaterally, by chasing its rivals out of the area and using its engineering and military muscle to illegally transform several of the atolls into exclusion zones.

    Wingfield-Hayes states the case succinctly:

    China is bound by the United Nations Convention on the Law of the Sea (UNCLOS), which it has ratified. The law states that sub-sea structures, such as reefs, cannot be claimed as sovereign coastline, and that building artificial structures on top of them does not turn them into sovereign territory either.

    A country that owns a natural island can claim a 12-nautical-mile territorial limit around it, both on the sea and in the air. But artificial structures do not confer any such right. In other words, we would be able to fly our aircraft right up to China’s new islands without breaking any international laws, and China should not interfere with our flight.

    But interfere China did. As the BBC-chartered aircraft flew even within 20 nautical miles it was bombarded with radioed warnings: ‘Unidentified military aircraft [the aircraft was a single-engine Cessna, about as civilian as you can get] in west of Nanxun Reef, this is the Chinese Navy. You are threatening the security of our station! In order to prevent miscalculation leave this area immediately!’ Nanxun Reef, also known as the Gaven Reefs, naturally comprise 150 hectares of coral outcrops less than two metres above sea level at their highest point. Furious reclamation activity since last year has turned it into another fortress in the new Great Wall.

    The biggest construction project, however, is at Fiery Cross Reef in the Spratlys, which, according to reports, is being turned into an artificial island twice the size of the US military base of Diego Garcia in the Indian Ocean. At Mischief Reef, just 140 nautical miles from the Philippines coast, a new runway is also under construction. The BBC cameras caught a view of ‘the lagoon teeming with ships large and small. On the new land, cement plants and the foundations of new buildings’.

    The United States and its allies do not recognize China’s bid to assert sovereign rights over virtually the entire South China Sea by means of this island-building exercise. The US military has undertaken well-publicised cruise and overflight operations to uphold ‘freedom of navigation’ principles. Australia, on the other hand, is attempting to steer a middle course––exercising the freedom, but on the quiet. The BBC chanced upon an RAAF aircraft traversing the area and sending out the following radio message:

    China Navy, China Navy, we are an Australian aircraft exercising international freedom of navigation rights in international airspace in accordance with the international civil aviation convention and the United Nations Convention on the Law of the Sea––over.

    The BBC said the message was not acknowledged. But neither was any warning directed against this Australian military aircraft, as it had been against the BBC’s civilian plane even after it identified itself.

    The RAAF overflight, conducted several weeks ago, was not publicised at the time by the Defence Department in Canberra. Only after the BBC report disclosed the incident did the Chinese acknowledge it. Beijing’s position is that it ‘resolutely opposes any country using freedom of navigation and overflight as a pretext for harming China’s national interest’. For now, however, it doesn’t want to draw Australia into the squabble and thus is content to play along with the ‘don’t ask, don’t tell’ gambit being run out of Russell Hill.

    There is a big game being played out here from which Australia cannot hide. If our rights and interests are being impinged by China, as clearly they are under the terms of the United Nations Convention on the Law of the Sea, we should not hesitate from forthrightly defending them. Instead, we invite a Chinese entity, the Landbridge Group, which has close links to the PLA and the Chinese Communist Party, to operate the strategically important port of Darwin, and quietly watch as the new Great Wall goes up across the South China Sea, the main pathway to Darwin.

    When Japan sent ships into the southern ocean to hunt for whales, Australia took it to the International Court of Justice to uphold its rights under the International Whaling Convention. It was a high profile, hard-fought case on a principle. China asks: Why should Australia involve itself in the South China Sea dispute when its ships and planes are still allowed to travel through unimpeded? Japan asks: Why should Australia object to another country catching an unthreatened species of animal that Australians don’t even eat? To both of them, the answer is the same: You signed up to be a good international citizen, behave like one.

    Walter Hamilton is a former ABC Tokyo correspondent.

     

     

     

  • The Refugees and the New War.

    In the New York Review of Books, Michael Ignatieff draws a link between failure of Western policy in the Middle East, it’s failure to counter ISIS and the resulting refugee flow into Europe. He says

    ‘ISIS wants to convince the world of the world’s indifference to the suffering of Muslims; so we should demonstrate the opposite. ISIS wants to drag Syria even further into the inferno. … The US needs to use its refugee policy to help stabilise its allies in the region. … If Europe and the US show them a way out, refugees won’t take their chances by paying smugglers using rubber dinghies.’

    John Menadue.

    Michael Ignatieff is Edward R Murrow Professor of Practice at Harvard Kennedy School. He was formerly Leader of the Liberal party of Canada.  See article link below.

     

    http://www.nybooks.com/articles/2015/12/17/refugees-and-new-war/

  • Rod Tiffen. Chris Mitchell at The Australian.

    Chris Mitchell’s place in Australian journalism history is secure. The newspaper he edited lost more money during his tenure than any other paper ever has or will be allowed to again. Mitchell was editor in chief of The Australian for 13 years, and while News Corp is studiously coy about how much profit or loss the paper has made each year, it has certainly been losing money in recent years and probably on a grand scale. News Corp’s star columnist Andrew Bolt said recently The Australian was losing $20 million a year.

    The parade of tributes from News Corp personnel about Mitchell’s genius would make Kim Jong-Un blush, but strangely this record goes unmentioned. Of course, Mitchell’s losses are not on the scale of his Australian colleague, Col Allen, whose losses on the New York Post are rumoured to be around $100 million annually, while Robert Thompson, the global chief executive of News Corp, once told Michael Wolff that the London Times was losing a similar amount of money.

    At least at this stage of his life, Rupert Murdoch’s favoured publications are no longer subject to the disciplines of the market place, perhaps he is more interested in their political impact or the clout they give him with governments, or just past caring.

    The key to Mitchell’s longevity was not his entrepreneurial ability or his commercial success, but rather that he produced the type of newspaper that his proprietor and patron wanted.

    Before coming to The Australian, Mitchell had edited the Courier-Mail. The worst blunder of his time there was the paper’s claim that one of Australia’s most eminent historians, the late Manning Clark, was a Soviet agent. The paper devoted pages to this claim, even though it essentially rested on the fact that Clark had worn a memorial badge he had received in the Soviet Union to a Soviet Embassy function. Mitchell had allowed his prejudices, and perhaps his love of controversy, to over-ride the lack of credible evidence. In many news organisations, this egregious error would have been career-ending, but not in News Corp.

    Mitchell said that the low point of his career was convincing Murdoch to support Kevin Rudd in the 2007 election. Murdoch’s Australian press split down the middle in that election. Whatever conversations the editors had with Murdoch, the Murdoch press would have exposed their ineffectualness if they had all supported Howard. Rudd was going to win anyway whatever Murdoch newspapers, and especially whatever TheAustralian, did. To win in the face of Murdoch opposition would not only have damaged the proprietor’s myth-making, but also given him no leverage with the new government.

    The most notable feature of The Australian during Mitchell’s tenure has been its intellectual decline. Its previous editors Paul Kelly and David Armstrong had maintained an intelligent newspaper, not only in its comment columns, but in its reporting. Mitchell has made the paper much more one-sided, and also less intelligent.

    Matthew Ricketson and Andrew Dodds looked at the paper’s Media Section, introduced by Kelly, and at first it was a very useful and informative addition to Australian public life. The years since have seen a long decline, and now it is principally a vehicle for News Corp propaganda, praising itself and allies and attacking enemies. Over several years now, the paper’s coverage of the ABC has bordered on the moronic, never acknowledging the broadcaster’s achievements, outdoing itself in rhetorical denunciations of any alleged transgressions. You would never guess from the paper’s coverage how much higher the national broadcaster stands in the public’s esteem than the Murdoch press.

    For a project a couple of years ago I looked at its coverage of climate change issues. Robert Manne did an analysis of their editorial positions for his Quarterly Essay Bad News, but I think the judgements of newsworthiness are more revealing and more important. One aspect that stood out to me was that scientific reports were rarely reported straight, but often framed in terms of political controversies surrounding the issues. Important stories that favoured action were downplayed; while stories thought to be adverse were highlighted and visited again and again.

    Since I finished that work, the paper has given front page and extensive coverage to quite ridiculous claims about the Australian Bureau of Meteorology falsifying historical records to make global warming look more severe, plus a study of two couples, self-selected, complaining about the damage wind power was doing to them. The bizarre judgements of newsworthiness meant that anyone seeking to follow the issue through the pages of the Australian would have had a very distorted view.

    Although the tedious, repetitive commentary columns occasion the most criticism, the paper’s erratic judgements of newsworthiness and the declining accuracy of some of its reporting are Mitchell’s principal legacy. 

    Rod Tiffen is Emeritus Professor, Government and International Relations, University of Sydney.

     

     

  • Gabrielle Appleby. What say do our elected representatives have in going to war?

    The authorisation of military force is one of the most serious and consequential powers that governments possess. This power should be exercised with appropriate caution and, where circumstances allow, considered deliberation. Governments should be publicly accountable for its exercise.

    Across the world, debates have emerged around the extent to which the legislative branch should be involved in – and even have the final say on – authorisation of military deployment. So what are the debates, and current practice in, three key Western nations grappling with the threat posed by Islamic State (IS) – the UK, the US and Australia?

    In these three countries, the legislature’s involvement in decisions to use force has little connection to explicit constitutional or statutory provisions. Rather, it is governed by practice and convention, and the ongoing political commitment to such practices by both the government and the legislature.

    The UK: convention requires parliamentary approval

    In the UK, the power to make war, deploy military force and declare peace forms part of the “prerogatives”. The government of the day can exercise these powers without any obligation to consult, or seek authorisation from, parliament.

    Like Australia, the UK operates under a parliamentary system. As such, the government’s exercise of its powers is always subject to scrutiny by the parliament through Prime Minister’s Questions (known as Question Time in Australia) and committee inquiries, or subject to override or control by legislation.

    The government’s exercise of its powers is also often constrained by constitutional “conventions” – established practices that have strong political and moral force, even though they may not be legally enforceable.

    In the last 15 years, a constitutional convention has developed that the government will consult the House of Commons and seek its approval before deploying military force. The practice was first invoked in 2003, when then-prime minister Tony Blair asked for parliamentary authorisation for Britain to enter the Iraq War.

    Parliamentary approval for use of force is not required by any constitutional or legislative provision in the UK. But, by 2011, the government acknowledged that – except in cases of emergency – convention required it to provide the House of Commons with an opportunity to debate and authorise military force.

    There have been some calls to pass this practice into law, or at least formalise it in a parliamentary resolution. But there has been little movement to clarify it, or protect its status in this way.

    Nonetheless, the force of this convention has proven remarkably strong. In August 2013, Prime Minister David Cameron accepted the outcome of the House of Commons vote against further use of military force in Syria. Last week, Cameron again felt obliged to seek approval to expand the British military’s role in Syria. The House of Commons passed the motion after ten hours of debate.

    The US: constitutional requirement is largely inconsequential

    Article 1, Section 8 of the US Constitution provides that:

    Congress shall have power to declare war.

    On its face, this provision places responsibility to initiate war in the legislature’s hands. However, since the second world war there have been no formal declarations of war. The constitutional requirement is now largely inconsequential.

    But, in 1973, following the unpopular involvement in Vietnam, Congress passed the War Powers Resolution. This requires – with some emergency exceptions – the president to notify Congress within 48 hours of committing American armed forces to hostilities, and congressional approval to continue that commitment beyond 60 days.

    Despite these provisions, as a matter of practice Congress has ineffectively constrained and scrutinised the president’s power to deploy the military. Bill Clinton committed forces to the former Yugoslavia and Kosovo without seeking congressional authorisation, beyond pointing to congressional authorisation of military funding for the campaign.

    Barack Obama committed American forces to Libya in 2011 without seeking congressional approval. The president claimed that the commitment fell short of hostilities that would engage the War Powers Resolution. Congress issued Obama with a rebuke for not complying with the resolution, but brought no further sanctions against him.

    Obama’s deployment of forces in Iraq and Syria against IS reveals that the responsibility for the failure to obtain congressional approval may at least partly lie with Congress itself. That is, while presidents might be inclined not to seek authorisation, Congress has also been inclined not to insist upon it.

    Obama’s initial decision to deploy forces to Iraq and Syria in September 2014 purportedlyrelied on previous congressional authorisations to use force following the September 11, 2001, terror attacks. But by February 2015, Obama attempted to obtain new congressional authorisation. Congress, unable to agree on whether to expand or constrict the campaign, has yet to consider it.

    Australia: calls for reform grow louder

    The Australian Constitution makes no mention of the government’s power to declare war and deploy military forces overseas. Rather, this forms part of the executive powers contained in Section 61 of the Constitution. Their extent and restrictions are considered to mirror the UK government’s foreign affairs prerogatives.

    In direct contrast to the US Constitution, there is no requirement in the Australian Constitution for parliamentary authorisation – or even a requirement to consult parliament – before these powers are exercised.

    Historically, however, there was a practice that following the declaration of war or the deployment of forces, the government would inform parliament and a debate would occur. It did not amount to authorisation. But this practice was consistent with fundamental tenets of Australia’s parliamentary system, where the government’s actions should be reported to and scrutinised by parliament.

    Since the commitment of Australian forces to Afghanistan in 2001, this practice has fallen away. In contrast to the increased parliamentary involvement in the UK since 2001, in Australia there has been a general resistance across both major parties to greater parliamentary involvement by allowing more substantial debate, let alone authorisation.

    The Greens and independent MPs (and before them, the Australian Democrats) have consistently called for the deployment of military force to be preconditioned on parliamentary debate and authorisation. But government decisions to deploy the military generally receive strong bipartisan support.

    Thus, neither the government of the day nor the parliament has sought or insisted upon greater transparency or parliamentary scrutiny.

    However, there are some signs this might be changing. In October, Deputy Opposition Leader Tanya Plibersek moved a motion that parliament be given an opportunity to debate the government’s strategy in Iraq and Syria.

    Since taking office, Prime Minister Malcolm Turnbull has made repeated promises to increase the level and openness of public debate over government policy. This is yet to materialise with respect to use of military force. But these statements provide promising signs for reconsideration of Australia’s current practice.

    Gabrielle Appleby is Associate professor, UNSW Law School. This article was first published in The Conversation on 10 December 2015P

  • Andrew Ailes. Does Charity Begin At Home?

    Christmas comes but once a year,
    When in the northern hemisphere,
    The cold winds blow, the sun goes down,
    Now every day some children drown.
    The Christmas story’s full of hope,
    Yet life and death hang by a rope.
    It’s not the sword of Damocles,
    It’s shipwreck in the angry seas.

    The icy waves show no remorse.
    But terror is the driving force.
    Ten million people, maybe more,
    Are out there knocking at our door,
    For years we’ve boasted of our wealth,
    Yet cannot fund the nation’s health.
    We cannot house our country’s poor,
    And so we guard the nation’s shore.

    What’s Christmas if we cannot cope.
    With those who have arrived in hope?
    But what about the people here:
    The old and needy live in fear,
    The wards are full, the care homes few,
    Classrooms crowded, and thousands queue
    At shelters, hostels and the food bank?

    This question always draws a blank.

    Now terror stalks the Paris streets:
    Diners murdered in their seats.
    This carnage comes from overseas,
    But doesn’t come with refugees.
    My heart cries out for charity;
    My head thinks of reality.
    And what is worse I feel so hard,
    Should I think ‘Not in my back yard’.

    Andrew Ailes is a British foreign news veteran living in London.