Blog Archives

Question Time Ahead of Time

Today marks the return of the political juggernaut that some of us love to hate, some of us just downright detest and the select few, like me just love for all the noisy, angry and at times theatrical performances. We are in a unique position for this week seemingly knowing ahead of time who or what policy  will be in the political cross-hairs for at least the week ahead. That takes away some of the anticipation but the dramatic performances and the unknown factors, including the new Speaker, Peter Slipper point to a, politically at least, edge of your seat week.

So first we turn to what we can reasonably assume will come as far as the questions go from both sides of the both chambers and the cross-bench MPs lucky enough (for them) to be asking a question.

The Coalition have signalled their intentions over the early weeks of this year to pursue Craig Thomson, the Member for Dobell relating to his time with the Health Services Union. It is no secret that the ruthless intensity behind this is in part because of the tight nature of the parliament and it will continue in Question Time this week.

In pursuing the Government over the handling of Craig Thomson, the questions will likely focus on two or three factors: why Craig Thomson still has the support of the Prime Minister, and on Fair Work Australia and why it is giving the growth 0f grass a run for its money. There are indications too that the Coalition will pursue claims of political interference.

The Government on the other hand has signalled recently that they will aim to highlight what they perceive its strength to be, the economy and the dreaded “Dorothy Dixer” will provide them that opportunity. The Gillard Government will likely not focus on the state of the budget, which looks even more likely to remain in deficit again, but the perceived comparative strength with other global economies.

Now to the comparative unknown factor, the impact the new Speaker will have over the House of Representatives. The main question most in political circles will be asking in relation to Mr Slipper is how many Coalition MPs will be either warned or booted under the Standing Order we all should refer to as the “coffee break order”, the 94a.

Another eventuality in the back of your mind should be a possible censure motion anywhere between 3-3:30pm AEDT with the Opposition Leader stepping up to the Despatch Box to outline the failings of the Gillard Government.

There are only a few hours to go before the sport that is Question Time kicks off and the events play themselves out in some glorious shouting and acting worthy of an AACTA or perhaps more appropriate, a Logie. It will be an eventful week and I for one am intrigued by the prospects of an exciting week, so from 2pm AEDT all I can say is, get watching!

Bill of Rights, Yes We Can and Must, But Likely When We Become a Republic

In the Australian political discourse there are calls, from time to time, about whether or not Australia is in need of a Bill of Rights, whether it be enshrined in the Constitution of Australia or its own legislative instrument. We need a Bill of Rights, but it is likely that any move for such a protection of rights will not come on its own, but in conjunction with a future Australian republic and that is most certainly a great deal of time away from materialising.

Australia is in urgent need of a Bill of Rights, constitutional or otherwise to defend all the basic rights and freedoms which must be afforded to all human beings. Not only that, Australia needs such legal provisions to clearly express those rights which at the moment are implied or form part of the common law of the Commonwealth of Australia. Too often, because the rights we are supposed to enjoy are either implied or in common law, there is not a clear understanding of the extent to which they apply.
As I have already expressed, there are two forms that a rights bill may take, that is constitutional and legislative.
A constitutional Bill of Rights entails those basic rights and freedoms we should all experience in a liberal democracy being enshrined in the Australian Constitution. This would require a constitutional referendum where a majority of people in a majority of the states and territories vote in favour of putting rights and freedoms into our constitution.
A legislative Bill of Rights is exactly as it sounds, a piece of legislation that is passed by the parliament of the day, requiring a simple majority of parliamentarians to vote in favour of it becoming law.
The question then becomes: what form should a future Bill of Rights take? My answer, is that any future rights bill must be enshrined in our Constitution. Why is this the case? Because, like any form of law made by parliament, a legislative rights bill could indeed be rescinded for any reason, of which none are valid and therefore parliament could erode our collective rights at their whim if they chose to do so.
Now, a constitutional version of a rights bill is not without its downside either, though the downside is indeed both a positive and a negative. Because a constitutional referendum requires a majority of people in a majority of states to pass, it would be incredibly difficult to have a successful referendum (8/44 referenda have passed). However, as I said, that is also the positive, our politicians could not vote a constitutional Bill of Rights down and the people are unlikely to vote out something which they helped institute in the first place.
Now this is where it becomes tricky for the idea of a Bill of Rights to be enshrined in our Constitution any time soon. Because a constitutional rights bill is much more robust, the best chance of it passing at a referendum, would not be under its own steam as a stand-alone move. A human rights bill, forming part of our Constitution, would best be linked to a future Australian republican referendum where it would be almost certain that we would adopt an entirely new Australian Constitution.
Consequently, a new Australian Constitution, complete with human rights protections will most likely be some time away. With an ALP Government, usually strongly committed to a republic, no longer publicly talking about the idea and still two years from election and the would be next Liberal Party Prime Minister a monarchist, by my calculation, a republic and therefore Bill of Rights is inevitable but at least 10 years away.
I don’t think we can or should wait that long. The question is: can you wait? If not, get loud and get talking about it…

Coalition Gambling Intervention Proposals Go Two Ways

Today the Coalition announced proposals in a discussion paper for how they would deal with the major issue of problem gambling. The discussion paper proposes voluntary pre-commitment as opposed to the mandatory pre-commitment scheme put forward by the Government. Furthermore, the Coalition scheme proposes better targeted and increased counselling. The discussion paper further proposes the possibility of a ban on the broadcast of live-betting odds during sporting events on television.

It is my argument that these major proposals from the Abbott-led Coalition go two ways, one consistent with Liberal Party ideology and one not so much.

First, we start with the proposal of a voluntary pre-commitment scheme. This is a scheme where the gambler will volunteer freely as to whether or not they sign up to putting a limit to their gambling on poker machines.

The idea of voluntary pre-commitment technology is based on giving the consumer a choice in their activities, to decide for themselves whether or not they are causing themselves harm. This is arguably very consistent with the ideology of the Coalition which believes in a free market and choice.

The proposal of a voluntary pre-commitment scheme also comes with an increased level of targetted psychological support and better education about the issue of gambling.

Then we have the proposal to ban live-odds being broadcast on the television during sporting events. This is where odds for sporting matches are displayed on the television in graphic or oral form throughout the match, where the odds fluctuate according to the score and status of the game.

This proposal, unlike voluntary pre-commitment is not based on the ideology of choice, but may be able to be argued as preventing harm to others. In any case it advocates a ban of a market created mechanism and therefore is not entirely consistent with the ideology.

However, the idea does seem like a very smart and perceptive proposal in the gambling debate occurring in Australia at present. I cannot remember the last person I encountered not to visibly or indeed verbally cringe at the incessant broadcast of live odds, particularly during recent football matches.

This indicates to me, along with the fact that the Coalition have put it up for discussion, that it would be a very popular idea to put forward with likely widespread community support throughout Australia.

The Coalition proposals for gambling are an interesting mix, some of which will come under consistent fire from opponents and potentially there own side of politics and some which will be welcomed by fellow politicians and the broader Australian community. It is worth reminding ourselves that these are just proposals, but in any case they are positive policy responses being put into the political sphere for debate.