Monthly Archives: August 2012
One Principle of Liberalism Seemingly Forgotten in the Plain Packaging Debate This Week
The federal government’s plain-packaging laws have passed their latest hurdle, a legal challenge in the High Court of Australia which was struck down earlier this week, paving the way for the commencement of the policy from the 1st of December this year. The judgement was eagerly awaited with some predicting the costs of a potential loss at billions of dollars for loss of trademark and intellectual property.
But alas, this never transpired and we are just months away from olive green becoming the most hated colour in the country- or maybe it is already given that it was chosen as the colour for the so-called “drab packaging” that tobacco products will now be clothed in.
On the free choice side of the debate it was all about the right of companies to their intellectual property and trademarks despite the judgement by the highest court in the land.
But there was one element of liberalism that has seemed to be conspicuous in its absence from the debate over the plain packaging laws at least around and since the judgement and that is the ‘Harm Principle’ as defined by the philosopher, John Stuart Mill. This principle states that the actions of individuals should only be limited in order to prevent harm to other individuals. Writing in his book On Liberty, Mill stated “the only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others.”
Since the judgement, people have screamed, “well what about putting alcohol in the same ordinary and uniform packaging boat?”. I’m not exactly sure, but last time I checked, the decision to inhale dangerous amounts of alcohol was completely up to the user and the fumes, while awful and an assault on the senses for those within cooee of a heavy drinker, do not have the ability to kill.
That doesn’t mean the effects of alcohol, which have had increased public exposure recently won’t lead to harm to others, sadly they will and that is an horrific reality of a mind-altering substance. Moves have and will continue to be made in an attempt to reduce that harm that is caused to others around heavy drinkers. The difference here is that there is generally a safe level of alcohol consumption before your behaviour becomes thuggish whereas with smoking there is not. Violent offenders too can be that way with or without buckets of booze in their systems.
Putting harmful tobacco products in uniform packaging has only a little, in itself to do with affecting in a positive way the idea put forward by the 19th century political philosopher. But it may go some way to achieving that end.
To put cigarettes in olive green packs will likely not lead to an immediate cut in the rate of smoking as those already puffing away will likely continue as they know their brands well and the new packaging will have little or no impact on their decision-making processes. It’s even debatable whether or not the changes will have any real impact at all with no practical evidence The graphic pictures which couple with the health warnings may continue to contribute to a decline in the rate of smoking as evidence has shown.
But old-style army colour packaging, while possibly contributing to cutting down in the long-term the amount of people sucking back on a cancer stick, coffin nail, call it what you will, while diminishing the harm caused to others by this dreadful habit, will not completely remove that threat of harm to others. Only other measures can do that.
But surely any measure that does have at least some impact in diminishing the number of people smoking in the country surely removes the harm caused to some people and should be celebrated as a positive for public health. Second-hand smoke is bad after all and the less people blowing smoke in your face the better.
But given the danger that smoking is to not just the user, but those around them, the application of the Harm Principle could go much further. Think asbestos. That product causes awful sickness and death too, though smoking at a much higher rate, bu asbestos was phased out late in the 20th century and then banned by the government in 2003.
It is true also that a lot of the harm to others has been removed with many states banning smoking in a variety of public spaces which differs state by state, territory by territory. This can only be seen as a positive step forward.
Moves might continue toward an eventual ban of these slender killing machines, but only when the federal government finds within itself the ability to wean itself off the revenues generated in an attempt to change the behaviour of individuals. Then and only then will the true and full extent of the Harm Principle of John Stuart Mill be realised. That and it might well save substantial healthcare dollars which could be funneled elsewhere.
Question Time Ahead of Time
Question Time for Wednesday has come and gone. It was a rowdy affair from the start, but appeared to quiet down towards the end as the variation in Dorothy Dixer’s crept in and the initial boisterous behaviour of both sides over the carbon price questions relaxed just a little at least.
It was a little surprising that the Opposition did not choose to use just one more session of Question Time to have a bit of fun over the half-pike on asylum seeker policy which will see offshore processing return to Nauru and Papua New Guinea in the near future. The House of Representatives passed the amended bill just before Question Time today with the support of the Opposition and is assured of passing through the Senate.
Instead of just one more day attacking the Gillard Government over offshore processing, the Coalition chose to resume hostilities over the recently commenced price on carbon. This returns the debate to the long-term issue which has been the main debate of the 43rd parliament since that August 2010 statement from the Prime Minister just prior to the election that brought us a minority government.
The questions from the Liberal and National Party Opposition were largely centred around price rises and the carbon tax as they have been for some time and will likely continue to be right up until the next election due around mid-2013. Carbon tax questions were also about the broken promise as they have been since it was broken.
The government, for it’s part also chose to have a focus on the carbon price. Again, they too returned to their common strategy on the issue which is to highlight the compensation available to low and middle income earners in an attempt to compensate for associated price rises.
There were also Dorothy Dixer’s on the aslyum seeker bill that passed the lower house, as well as on the National Disability Insurance Scheme and education reform.
And so it goes that this gives us a hint of what is to come during Questions Without Notice on Thursday, the last session for the week.
It is now certain that, barring any last minute topical subjects, that Question Time will be dominated by questions from the Opposition on the carbon price as it applies to price rises as well as that promise.
The government will also likely return to the carbon price fight again with questions from backbenchers based around the payments and tax cuts that will be received in return for the introduction of the policy.
It is entirely possible that in the Dorothy Dixer mix will be questions on the NDIS and education reform as there were in the previous session.
With Standing Order 94a used on Wednesday and the noise in the parliament not abating, will there be more of the same tomorrow? Or will our parliamentarians ease into the weekend after a full-on week? The answer to the former is a definite ‘yes’ and the latter a certain ‘no’
Question Time Ahead of Time
Parliament has now returned to Canberra after six weeks break and so has the associated noise and lack of courtesy and decency during Question Time. Things were looking up. There were wonderfully heartfelt speeches in the chamber at the commencement of Question Time in expressing the condolences of the parliament to the families of both Sargeant Blaine Diddams of the SAS and art critic and writer Robert Hughes who both passed away during the winter recess.
But that is where the respect and decency ceased. After over half an hour of speeches paying respect to Sgt. Diddams and Robert Hughes, which included a brilliantly animated and well-spoken speech by Malcolm Turnbull Question Time began.
Somewhat surprisingly at least, Question Time was dominated by asylum seeker politics. It was surprising insofar as it meant that the carbon price, the major battleground of this parliament did not even get even a skerrick of attention from the Coalition, nor for that matter from the government through their usage of the Dorothy Dixer.
What was also surprising about this is, given the outcome of the expert panel on asylum seeker policy, is that the government also used Questions Without Notice to heap attention on the issue. Now, it wasn’t a complete win for the Coalition. Nauru and Papua New Guinea will be used, but in a slightly different capacity than the outright detention under the Pacific Solution. But at the same time, asylum seekers that go there will likely languish for a very long period.
It would appear likely that the Coalition strategy from today, to focus on the half backflip of the Gillard Government on this area of policy will continue in Question Time on Wednesday. Not wanting to give up the opportunity, the Coalition will almost certainly continue to highlight the recent history of the ALP in asylum seeker and refugee policy. This should continue even though the new amendments will be supported by the Coalition. This attack will also likely continue even if the bills pass the House of Representatives before Question Time at 2pm.
What is far from certain regarding this policy shift on asylum seekers is whether the government will continue to highlight the importance of implementing the policy when the Coalition have agreed to support it in parliament.
Electricity prices were raised during Question Time, once, just to break up the monotony for the briefest period of time and this could again make an appearance in Dorothy Dixer’s and maybe in questions from the Coalition if refugee policy doesn’t completely dominate.
Failing asylum seeker policy dominating Question Time again, it is within the realms of possibility that the parliament could return to the tried and tested debate over the carbon price with the Abbott-led Coalition attacking the policy and the Gillard Government attempting to highlight the compensation package associated with the price on carbon.
Another likely inclusion, at least as far as the government’s questions to itself goes is the High Court case on plain packaging of tobacco products. This case today ruled in favour of the government, allowing them to proceed with their legislation. It’s almost certain that the Labor Party will dedicate at least one question to this matter.
Whatever the fuss that’s focused on, it all begins from 2pm Wednesday.
Question Time Ahead of Time
Everyone grab your HAZMAT suits, batten down the hatches, go out an purchase earplugs or earmuffs. Yes, after a month and a half break that institution we call Question Time returns to our television screens and radios on Tuesday. The winter break has flown by and as promised by our politicians, there has been little let-up in the political to-and-fro with the carbon tax and asylum seeker issues dominating the debate during the winter recess.
That seems the way that things will play out in Canberra this week during Question Time with carbon tax and asylum seeker politics set t0 be responsible for most of the noise during Questions Without Notice.
Power prices have been the debate over the last week with both the federal government picking a fight with the states over power bills which also brought in the federal Opposition with varying contributions from different MP’s to the debate, but the main ones being tied back to the carbon price.
It’s hard to see that electricity prices as they relate to the carbon tax will not be the major political battleground this week from the Coalition. The Abbott-led Opposition have dug in on this issue and will likely continue to prosecute the case of electricity related to the carbon price.
It’s also just as likely that, failing an electricity price specific attack on the Gillard Government related to the carbon tax, that other price rises associated with the price on carbon will form the basis of Coalition questions to the government.
The Labor Party too, through the use of the Dorothy Dixer will likely continue to try and hammer home the message of compensation for the price on carbon which commenced just weeks ago.
The Opposition, fresh from a fairly wide victory over immediate asylum seeker policy recommendations will likely turn up the heat on the Prime Minister and her government over the issue with the recommendations arguing the need to establish processing on Nauru and in Papua New Guinea as soon as possible.
The government will likely be fairly silent on the issue having been told by the expert panel on asylum seekers that their deal with Malaysia requires further work, so questions from the government benches on policy in this area will probably be scarce, perhaps non-existent.
The only major opportunity the government would have taken to get on the offensive over this policy area would be if the Opposition were going to oppose the legislation to be introduced into the parliament during the Tuesday sitting.
It will be interesting to see just how fired up both sides of parliament are after such a long break and whether or not this leads to the Speaker sending out one or two MP’s for an early coffee and cake.
Rest assured it won’t be such a quiet affair.
There’s One Sporting Team to Come That Won’t Need a Performance Review Nor Extra Funding to Outstrip our Olympic Team
There’s just under three weeks to go until another massive sporting event begins in London. The 2012 Paralympic Games return to the spiritual birthplace of the Paralympic movement. Australia is traditionally very strong at the Paralympic Games compared to the Olympics, with medal tallies often outstripping that of our Olympians. Some will put that down to the extra events which are necessary to accommodate the varying levels of disability. Others, like me will say that has nothing to do with it, each respective athlete still has to be able to perform on the day.
One of the strongest sports at the Paralympics for Australia, if not the strongest, is traditionally the swimming, just like it is with that other competition they call the Olympics.
Unlike the Olympic counterparts, the Australian Paralympic Swimming team are unlikely to need a soul-searching performance review complete with navel-gazing to determine what went wrong with their campaign.
There’s likely to be a gold rush to rival Victoria in the 1800’s as I’ve written before. Our collective medal haul in the pool alone, if melted down, would likely save Spain and Greece from the ignominy of default. Okay, maybe I’m embellishing just a little bit, but nonetheless our performance in the pool alone at the Paralympics is a real possibility of eclipsing the overall gold medal tally of our Olympic team which currently stands at 5 golds.
And all that before factoring in the strong possibilities of gold medals in other sports for Australia at the London Paralympics.
Our athletics team which has not under-performed by any means in the past is likely to again bring home medals, some of them gold, but also silver and bronze.
With people like relatively well-known Paralympian Kurt Fearnley competing again in London we’re sure to make a strong showing. The three time gold medallist will line up for his third Paralympic Games in an attempt to win gold in the 800m, 1500m and the marathon which Kurt has made his own.
Other track and field athletes to look out for at the Paralympics include Kelly Cartwright who broke the long jump world record for her classification in 2011 and then earlier this year broke both the 100m and 200m world records in her class. Then there’s Evan O’Hanlon who broke his own world record this year in the 100m, Jessica Gallagher who’s competed in the Winter Paralympics before and medalled in the sport and up and comers some of whom will be in with a real shot of a medal.
Then you have the wheelchair basketball with the Australian men’s team, the Rollers the defending champions from Beijing who are sure to again push the USA, Canada and the home team Great Britain for another gold medal. Not to be outdone, the women’s team who received bronze at the Paralympic Games in China will also be a good chance of another medal.
Australia also has a great chance in the wheelchair rugby, popularly known as ‘murderball’ for the rough nature of the game. The Australian team, with superstar Ryley Batt, will want to go one better on their effort at the Chinese games and win back the gold which the team won at Sydney in 2000.
Those sports alone, chiefly swimming and athletics, should easily see the gold medal tally go into double figures before sports like cycling, equestrian, powerlifting, sailing and more.
We’ll be up against it with the British hosts having plunged an astronomic amount into funding for both Paralympic and Olympic athletes, but any review won’t be raising depressing concerns about the performance of our Paralympic athletes.
It’s time to get excited Australia, with nine and a half hours of live television coverage daily to keep you happy and up to date with our teams’ exploits.
A Quick and Free Review of the Australian Swimming Team
There is no doubt that the Australian swimming team performed poorly as compared with a number of previous Olympic campaigns. Those events we were expected to win, we either got painstakingly close, or our swimmers fell in a heap. Similarly, some of those swimmers that did not face a burden of expectation broke through to medal, at times in events you would’ve been excused to think we never had any hope in.
Our performances in the pool, which usually get us off to a strong start in the medal tally and up there with the best countries just didn’t happen. This has sparked a much publicised review by former Olympic champion swimmer Susie O’Neill and experienced swimming coach Bill Sweetenham.
The idea of a review of the sporting performance of our swimmers is not new. As Head Coach Leigh Nugent has pointed out, the swim team is always subject to a performance review after every major meet and well, the Olympics is up there with the major aquatic events that exist.
There should be absolutely no doubt that each individual swimmer and their respective coaches trained to exactly the same level they ordinarily would. This means intense and event targeted training for the whole time each swimmer remained with their local club’s before heading overseas for the pre-Olympics swimming camp and then London.
Tapering too would not have proved an issue and would have been closely supervised by the elite coaches travelling with the Australian swimming team in the weeks before London 2012. It is just too ridiculous a proposition to think that such high-level experts would have got the tapering of any of the athletes wrong.
Last night the ABC’s program 7.30 weighed into the debate with a report on the discord between the swimmers, their families and Swimming Australia. The story reviewed a shocking level of disdain for the athletes in one of our most successful sports at the Olympic level.
Daniel Kowalski, a former swimmer who now represents the Australian Swimmers’ Association said that just before the London Olympics commenced, while some Australian swimmers were in training together overseas, pay arrangements were changed. The pay scale was changed to a “high-performance model”.
In this model all of our swimmers were to be paid a small base rate with a significant performance bonus, if, and only if they received gold, silver or bronze from their respective events. The performance pay would net gold medal winners $35,000 and those who made the final but came in last $4000 for each event. But if you swam in a race and didn’t progress into the final, no dough.
Ordinarily, performance pay is a brilliant concept, providing that it doesn’t detract from a base wage. Much more importantly, bonuses for strong performances are an excellent idea providing you don’t do as Swimming Australia did and foist it upon athletes so near to a major competition, especially the highest of events.
Now, you might be wondering how this would impact on performance? The answer is quite simple. If you are worrying at the last minute before you’re expected to perform strongly in your chosen profession about how much money you might be taking home and it could affect how much money you have to pay bills, you’re not going to be thinking of your race so much.
There’s also another not so insignificant factor which may have impacted on our performances. That is the incredibly poor decision of the swimming team to not take a psychologist with them to the pre-games training camp and then into the Olympic village. There was nobody there that swimmers could trust, especially in light of Swimming Australia’s decision on pay, to air their concerns and emotions. This means there was nobody in London with the squad that would have been able to respond in a properly trained and professional manner to the worries that might distract the attention of athletes.
Another factor that cannot be discounted and which could have been more significant than any other factor in the sub-par performance of our swimming team is the performance of other countries. It’s not as if we didn’t contribute significant funds to our Olympians, we did. The strong performance of swimmers from other nations was probably unexpected. It should have been figured into the equation as a real possibility given the changing state of our swimming team, with past champions suffering from injury and others who were set to retire after London.
It’s clear that the cultural issues within the peak swimming body which undoubtedly flowed through to the swimming team were a major distraction for our swimmers. The significance of this was accelerated by the inability of members of the team to access professional psychological help while overseas.
There was certainly no problem with the workload of our athletes before the Olympics and the tapering while overseas clearly would not have been an issue either.
It is also undoubtedly a strong possibility that our swimmers were also outperformed in their events.
Clearly there are a number of things to work on before the next major international competition, the FINA World Championships in Barcelona next year, most within the control of the governing body for swimming in Australia. Some brutal honesty and soul searching is required during the upcoming review.
If You Build It He or She Won’t Automatically Come
There’s no denying we’ve not lived up to expectations as far as gold medals go at the London 2012 Olympic Games. So far we’ve won two golds, with another assured in the sailing and Sally Pearson looking very good to take top spot in the 100m hurdles tomorrow Australian time. Other teams and individuals are also chances in the remaining days of competition of winning gold for Australia. Our performance, which was looking like being about as bad as the 1988 Seoul Olympics is now on track to at least equal that, perhaps go a bit better.
Our swimming team which normally leads the charge hasn’t been as dominant in the first week of competition as they traditionally have been and that has led to us being behind the eight-ball. We could quite easily have been two or three medals up on our current tally of two gold medals had all gone to plan at the aquatic centre.
It is the performance of the Australian Olympic team, initiated by our swimmers in the pool that has sparked intense political debate from within the media, the sporting fraternity, government, interest groups and the broader community about different ways to ensure the lacklustre performance does not occur again in the future.
This has ranged from “stop funding our athletes” or “fund them on a performance basis” to “they’re doing well, just look at how many silvers and bronze they have received”. There have also been cries of “we need much more funding” from Olympic officials.
The below par efforts of our aquatic stars has also sparked a thorough review of the way we performed in the lead-up to and during the London Games and will be presided over by Bill Sweetenham and recent swimming critic and former superstar, Susie O’Neill.
But it is the entry into the debate of former New South Wales Premier, now Basketball Australia Chief Executive Officer, Kristina Keneally that is the latest in the argument over what needs to be done to improve our sporting prowess in the future.
The former politician turned sports administrator advocated in an interview on the ABC’s The World Today program for more participation in sport in primary school years for children.
This is certainly an enviable aim where teachers and parents should be both encouraging participation at an early age and also providing, where possible during a crammed school curriculum, for more sports-based educational opportunities. The benefits of this would be fitter and healthier children with the potential to develop their sporting abilities much further in the future.
But by far her most important overall point was that more sporting facilities need to be provided in Australia and that existing venues need to be brought up to a better standard. This is problematic. Indeed it is too simplistic an argument to say “if we build it, he (or she) will come.”
It is true that better sporting facilities, that is improving the ones that already exist, will mean that sporting clubs and venues better accommodate the needs of participants. We owe it to our kids to have better facilities for them to participate in but whose role that is, whether it be state or federal government or clubs or charities or a combination of some or all of the above is up for debate.
But it is not true or a given to say that improving sporting facilities will lead to increased participation by young people in the various sports that are played, particularly of a weekend on ovals, fields and courts and in pools around Australia.
It is even less the case that Kristina Keneally’s point about providing more facilities for sports will mean that people of a young, indeed all ages will want to participate in sport outside of school hours any more than they already do. New sporting facilities will only be filled if there is a demand for them and that partly goes back to schools and parents and the active encouragement they give their children as far as involvement in sport goes. Even then increased supply of sporting facilities would not necessarily lead to full venues.
It is only worth building extra facilities if it is a certainty that the increased numbers of sports fields will actually be utilised and not find themselves in a rundown state like some of the overused facilities.
What generally seems to work in regards to increased sporting participation is when there is an increased profile of particular sports and then with others that have been popular for some time like cricket, rugby league, rugby union, AFL and netball.
Encouragement of the young and impressionable is the key to greater sports participation and performance in the future, but that has to be balanced with parents and educators not placing unrealistic expectations on their children. What is certain is that new facilities will not automatically translate into new participants. If you build it, don’t automatically expect them to come.
Free Speech Monday in Australian Politics
Monday, after the early morning victory by Jamaican runner Usain Bolt and aside from the other action that has been and has continued to occur in England has been pretty much all about freedom of speech. The discussion about free speech today arose from a speech that Tony Abbott made to the right-wing think-tank, the Institute of Public Affairs. The Opposition Leader’s speech took on the topic of free speech from two separate, but linked directions.
In one instance it was about regulation of the media in general as far as government plans post-Finkelstein and Convergence Review. Those changes proposed in both inquiries would seek to place unwanted and unnecessary restrictions on our media in the future, stifling their ability to provide fearless criticism of dreadful governments of both political persuasions.
The second front in which freedom of speech was tackled was in relation to the recent Andrew Bolt racial villification case and the appropriateness or otherwise of having a Racial Discrimination Act with a very loose definition of wrongdoing. Section 18C of the Act was singled out for treatment. The broader narrative of the talk on free speech was also applied to the case of Andrew Bolt.
Among the proposals advocated for in the recent Finkelstein and Convergence Review’s are a News Media Council which would be a new regulatory body to oversee media outlets and an ownership test.
By far the most worrying recommendation and one that is reportedly being seriously considered is a public interest test on media stories. This would be an horrific encroachment of the government into regulating what kinds of stories a particular news outlet would be able to report on. No government should be able to determine what is news or otherwise, whether that be by direct government oversight or by legislation with an intent to limit the content journalists can put out. Access to a wide array of information from a variety of sources is extremely important.
As for a new regulatory body, well that too is problematic. Surely any new organisation proposed to oversee the media would have much more beefed up powers to punish certain perceived wrongs. This again is not a sensible move in seeking to make it difficult for a robust and diverse media to be frank and fearless in their reporting and commentary on particularly thorny issues.
An ownership test is just ridiculous. Anyone, from any background should be free to engage in journalism or commentary and equally should be freely available to criticism from others. Everyone should be free to take the entrepreneurial risk involved in establishing a news media company across all forms of communication. No government too should have the power to ever be able to say who can or cannot involve themselves in journalism and commentary because they might not be liked by that particular government for some reason or other.
But now to that more controversial aspect of Mr Abbott’s speech today and that was his announcement that an incoming Coalition Government would seek to repeal s18C of the Racial Discrimination Act.
This section of the Racial Discrimination Act deals with behaviour which is deemed to have offended, insulted, humiliated or intimidated someone based on their race, colour or national or ethnic origin.
This is likely to be an uncomfortable move for many with the Act in one way or another, despite the suspension of it during the Northern Territory intervention, having some level of bipartisan support or at least a political unwillingness of either side to touch it. That is until now.
But Mr Abbott did not advocate for there to be no law in the area of racial discrimination. Indeed he went on to say in his speech to the IPA that “any prohibitions on inciting hatred against or intimidation of particular racial groups should be akin to the ancient common law offences of incitement and causing fear.”
In advocating this stance the Opposition Leader did not say or imply that Andrew Bolt in writing the offending column he penned was right with what he said. Indeed Tony Abbott acknowledged that it was “almost certainly not his finest” and he also admitted “there may have been some factual errors.” Well it’s not a case of there possibly being factual errors in Bolt’s writing, there was, but as Mr Abbott has pointed out on numerous occasions, that is not the point.
Indeed with the Bolt case, you’ll find a number of people born early in the 20th century, even since then that have the wrong impression on various aspects of the indigenous issue, but should they all be subject to court action for holding fallacious views? No. Should they be corrected upon making such silly uninformed claims? Certainly, yes.
Just as someone should be free to say what they truly feel, providing it doesn’t incite hatred or cause fear, people who disagree with something should feel able to absolutely slam and demolish something which they disagree with and believe may have serious factual errors. Politics is about competing ideas. This is also something that the leader of the Opposition acknowledged.
Just as there is a case for only offences relating to incitement and causing fear, there is also a case for a much higher threshold test than the completely subjective one that exists under s18C of the current Racial Discrimination Act. This would be sensible middle ground whilst still allowing people to seek remedy within reason. Indeed it would be quite similar to the Abbott proposal today.
The most important thing is that our rights are at the very least not limited to unreasonable extremes and at absolute best, our freedom of speech is fully guaranteed save for when it causes incitement and fear.
That was free speech Monday.