A matter of days after the Coopers controversy that was not much of a controversy died down, today there was a reminder of how the debate around marriage equality can often be toxic and potentially dangerous. The ever-reliable Peter Dutton provided that jolt to the memory.
The Immigration Minister was speaking in response to a letter to Prime Minister Malcolm Turnbull, which was co-signed by a number of business leaders, including the Managing Director of Wesfarmers, the Chief Executive of ANZ, and the Qantas boss, Alan Joyce.
All the champions of free enterprise bore some of the unwarranted criticism from the combative Immigration Minister. However, it was to be Alan Joyce, the openly gay CEO of Qantas, who was the singled out for further unnecessary criticism, above and beyond all the other signatories.
In his rage against the business community, Mr Dutton said that the company bosses should “stick to their knitting”, and that the government he is a part of “would not be bullied” by the business sector.
Furthermore, the minister went on to say that “it is unacceptable that people have used companies, and shareholders money, to try to throw their weight around in these debates”.
Then came the ministers precision-guided barb aimed at Mr Joyce. He said that “Alan Joyce, the individual, is perfectly entitled to campaign for and spend his hard earned money on any issue he sees fit, but don’t do it in the official capacity and with shareholders money”.
First of all, the Minister of Immigration is more than a little bit lucky that his knitting jibe was directed at the group, rather than the Qantas CEO. Had Mr Dutton aimed this remark at Joyce, it would have been rightly seen as playing to the negative stereotypes of LGBTIQ community.
If the minister had made that particular part of the statement about Alan Joyce, he would have been accused of using the outdated and wrong assumption that gay men are somehow feminine in nature – which they are not.
Minister Dutton’s riposte to the letter, that business must stay out of the affairs of government and society, needs to be examined.
Companies in any given nation, where they are free to do so, like in our liberal democracy here – need to respect and appeal to diversity. This is not an unnecessary evil, but a responsibility in a free and open society. Individual businesses and business leaders can choose whether this amounts to simply serving a diverse community, or using more broader mechanisms of inclusion, like what happened in this particular instance.
In the absence of laws providing for inclusion and non-discrimination, it is a basic concept of business, that organisations within society need and should want to appeal to as big a market as possible – and also to serve an existing market. Otherwise, how would they maintain and then grow their respective markets?
That is precisely what these champions of industry have done in these circumstances. They have engaged with their responsibility to be inclusive of the whole of Australian society, while using broader mechanisms of inclusion.
When you live in a liberal democracy, you are entitled to freedom of expression. This goes for both business, and the Immigration Minister. And, as is frequently said when instances like this arise, they can be called out if and when those people make what any reasonable person would call, at the very least, stupid and ill-informed comments.
It just so happens that the Immigration Minister has a history of being called out for saying the wrong thing.
Just the person you want as a leader to unite the nation together.
Prime Minister Malcolm Turnbull has now announced the ministry that will, hopefully, be taken to the 2016 election and beyond. That is of course unless there is more ministerial impropriety which takes place or is uncovered from the recent past. The new ministry is quite strong and relatively youthful, which suits the image, messaging and substance which PM Turnbull wants his government to portray.
A particularly brilliant choice was awarding the trade portfolio to Steve Ciobo, the MP for Moncrieff. By all reports, he has been a hard-working member of parliament and has excelled in his junior ministerial role in international development. Mr Ciobo is also a strong and confident when it comes to engaging with the media.
There were however some missed opportunities as a result of today’s reshuffle.
A few women were promoted, including new Deputy Leader of the National Party, Fiona Nash, and Senator Concetta Fierravanti-Wells. However, there could have been promotions offered to more, including Senator Joanna Lindgren, and the Member for Brisbane, Teresa Gambaro.
Today was also an opportunity to deal with the Minister for Immigration, Peter Dutton, who is simply not across his portfolio. Mr Dutton is also trying very hard to pull the politics of immigration and citizenship even further to the right and that is not healthy.
It must be said however, that Minister Dutton was probably kept in cabinet to appease the Abbott-backers. Also, a new minister would only be able to make the language used around asylum seekers and immigration more positive, rather than any substantive policy change. But an improvement is an improvement.
Given the bipartisan push toward the recognition of indigenous people in the Constitution of Australia and the sentiments from the Prime Minister in his Closing The Gap update to parliament, perhaps the biggest missed opportunity was in the indigenous affairs portfolio.
Currently that post is occupied by Senator Nigel Scullion, who is widely respected and has been quietly going about his business. However, for someone in what is a very important policy area in terms of the current political discourse, his voice has been conspicuously absent from a lot of the debate.
If you couple that with the fact that the Coalition Government now has two indigenous members of parliament within their ranks, then it is easy to see that talent and experience has not been harnessed there.
Ken Wyatt has extensive experience in the area indigenous health and welfare both prior to and during his time in the parliament and he would be the perfect candidate for Minister for Indigenous Affairs.
Senator Joanna Lindgren, although she has not yet been in parliament for a year, would be an ideal candidate for the junior role in this portfolio area.
Shifting Senator Scullion from the role would have proved a bit of a complicated situation, given he has held the role since 2012 and that the process for constitutional recognition of indigenous people is well underway. But, a successful change would not have been impossible.
Today, Senator Matt Canavan was appointed Minister for Northern Australia and will assist Josh Frydenberg in this role – someone who lives just about as far south on the Australian mainland as is possible.
Senator Canavan is a satisfactory choice as assistant minister in this role, given that the north of Australia is close to his heart. However, given that the government wants development of northern Australia to remain a key focus, the ministerial experience of Nigel Scullion, who lives in the Northern Territory, should be utilised in the senior role, rather than Josh Frydenberg retaining it.
Rather than election-winning moves, the changes outlined above are simply minor improvements to better serve the people who are represented in these areas of society.
The answer to the aforementioned question could easily be answered using anywhere from two words to a sentence – the answers ranging from ‘not much’ to ‘the new Deputy PM should not scare us much’. However, as is standard with political analysis, a few hundred words rather than simply a handful of words is necessary.
Barnaby Joyce, after 11 years in the federal parliament, was elevated to the role of National Party leader and therefore Deputy Prime Minister after the long-awaited resignation announcement by the incumbent, Warren Truss.
Since well before Pistol and Boo were smuggled into the country, the Deputy PM elect has been a polarising figure. The mere prospect of the knockabout Australian larrikin rising to the rank of stand-in Prime Minister frightened the living daylights out of the loud and opinionated.
It is impossible to ignore the fact that Mr Joyce is a bit of a rogue, and that both his mouth and his mind get him into a little bit of strife from time to time. However, it is equally relevant to note that this will not be exacerbated by the loftier rank in government he will now occupy.
A thorough understanding of how the cabinet process and government actually works should give cause for more optimism than is currently on display. Decisions by ministers are, usually, put to cabinet for discussion at least. Other policy ideas go to the partyroom for debate. Both fora can give rise to altered, even rejected policies.
To look at the impact Deputy Prime Minister Joyce will have on the political process, we must also consider those times when he will, for a time, be Acting Prime Minister. In this area there is also little need for concern.
Barnaby Joyce will only assume this role when Prime Minister Turnbull is away on holidays or on an overseas visit. Holidays and overseas visits are usually short, and the former tends to be at times when political decision-making takes a break, along with most of our politicians.
The far greater concern is the ideological direction of the entire Coalition, which is not quite as far right as Barnaby Joyce, but still worryingly socially conservative. The Deputy PM-elect is but one cog in this driving force.
The humanitarian crisis caused by the Syrian conflict has dominated world news for days now, as thousands of people fleeing persecution try to get to a number of European nations. Some of these nations have pledged to contribute to addressing the resettlement issue, some with more meaningful contributions than their regional neighbours. It is as if there was no preparation for, or expectation of a mass people movement brought about by the conflict.
But as with every other refugee situation, this is a global situation which needs a worldwide response. But that does not mean that individual nations cannot make their own decisions about how many refugees to aid. The point is though, that all need to help. This includes Australia.
But it seems that Tony Abbott does not want to help. His language so far this week indicates that he has decided there is effectively a ‘no vacancy’ sign shining brightly for the world’s most desperate people to see. As a result, it is now laid bare for all to see that ‘stopping the boats’ is not about cutting down the number of asylum seeker deaths which happen at sea, but a far more sinister attempt to appeal to the crowd that thinks we should not accept outsiders in almost any case. And in terms of situations where a country should help people, this current event is one of the clearest examples of when to do so.
It has been heartening to see at least a couple of members of the Coalition saying publicly that we need to help some of the Syrian asylum seekers. The most striking and also highest ranking example being minister and National Party MP, Barnaby Joyce. The Agriculture Minister is someone who is known for a bit of a dislike of foreign capital in terms of farmland. The other example being Craig Laundy, an MP from a marginal seat with ethnic diversity, whom you would expect to have a more sympathetic view.
Leaving aside abolishing offshore processing of asylum seeker claims, there are three things which could be done in terms of refugee policy in this country, with an eye to playing our part in dealing with this emergency. However, it is likely none of these policies will be enacted, at least until a change of government. The three main options are a significant increase in the yearly quota, to a number closer to 30,000 or above, a temporary spike in the number of refugees we accept, or a more flexible policy which focuses on helping people from current and emerging conflicts.
A permanent increase to Australia’s humanitarian intake would help absorb some of the strain caused by the displacement of people across the globe. The increase would have to number in the thousands to have any meaningful impact and would have to be coupled with greater regional and global cooperation on the matter. This is also the least politically palatable option, which is a real shame.
One of the easiest things the Coalition Government could have done is said to the Australian people that we need to accept a temporary spike in our refugee intake. It is a small fringe element within our community who would not accept such a reasonable policy prescription. A temporary spike could last a year, or a number of years and that increase would solely be made up of refugees who have been forced out of Syria. Again though, the problem is too big to be overlooked at a regional and international level, and that is the hardest part of the equation.
A more permanent way of contributing to the management of this and other refugee events which may emerge over time is to gear our almost our entire humanitarian intake toward managing the flow of asylum seekers from current and emerging conflicts. This is a flexible approach which can be managed as new movements of displaced people occur. It also largely removes the politics as it would be impossible to sensibly argue that those we would be helping are not the exact definition of a refugee. Yet again though, world thinking needs to be aligned.
It seems however that we are destined for regressive and repressive thinking domestically, at least for the time being. And our wilful inaction, coupled with the same dastardly inaction from other countries, will mean people who are so obviously suffering are still dying at sea.
Dyson Heydon’s deliberations on whether or not he should stay at the helm of the Trade Union Royal Commission (TURC) after claims of apprehended bias are over. The former High Court Justice has dismissed the application from union lawyers and will continue in the role the Abbott Government appointed him to.
But the story it would seem is not yet over. The unions will consider a court appeal. The ALP, who stand to lose some political skin from the TURC, though probably not enough to lose the 2016 election, have decided that asking the Governor-General to remove Heydon is the way to go. It has been foreshadowed that the Australian Labor Party will couple this with attacks on the Liberal Party for their part in this situation, when parliament resumes from September 7.
In terms of principles of natural justice it is quite clear what should have happened in this instance. It is clear to almost anyone, except for the most wilfully blind supporters of the right side of politics that former Justice Heydon should have recused himself from further hearings of this commission. This would have blunted any attacks from Bill Shorten and the Labor Party. That Commissioner Heydon cancelled his appearance at the fundraiser at a later stage is irrelevant. The decision to say yes to attending the function in the first place says more than enough.
However, there is absolutely no case to say that the Royal Commission should not go ahead altogether. This is particularly the case now that the inquiry has been running for a number of months and is doing vital work, uncovering just how murky the world of industrial relations can be. Renewed calls from Labor for a police taskforce instead of the Royal Commission are a bit rich, considering they announced a commission of inquiry the topic of which similarly could have been examined by a special police body.
Back on the justice side of the equation, the Abbott Government could have used this opportunity to widen the terms of reference to include all forms of corrupt practices across institutions in the industrial relations space. If this had been done, then any squealing from the unions or the ALP about the continuation of the royal commission could have been met with derisory laughter, from both the Coalition and the electorate.
With an election less than a year away, it is worth a brief look at what the current state of affairs means for both the Coalition and Bill Shorten’s ALP.
The Coalition may gain a small amount of much needed political traction from the findings of the Royal Commission, particularly if there are further discoveries made about union activities during Bill Shorten’s time as a union representative. But it will not prove an electoral game-changer. A shift in electoral fortunes could only come from more substantive policy and political narrative changes made by the Abbott Government. That would have had to begin well before the people stopped listening. This critical point was likely reached more than 6 months ago.
The ALP is likely to suffer mildly as a result of future TURC hearings. There will be some more unease about the leadership of Bill Shorten, but the polls and the new rules around leadership challenges will make a change on that front almost an impossibility.
The Trade Union Royal Commission will not feature high on the list of reasons the Abbott Government will probably lose power in 2016. In fact to say it will be a feature at all is nonsense. This area of politics is generally one where most have a worldview firmly locked in on one side of the debate or the other.
There will be some more noise on this issue over the coming weeks, but it will likely not last. It is hard to sustain attacks on things which do not have wide appeal.
Australian politics will meander toward the next misstep or missteps. With every day we will get closer to the 2016 election. And the show that is the Trade Union Royal Commission will continue, with Dyson Heydon likely to remain in the chair.
The votes are in and the Liberal leadership spill has been averted. Tony Abbott remains the Prime Minister after a party room meeting at 9am confirmed his leadership. The Liberal Party voted 61-39 against a spill of the Leader and Deputy Leader Positions. Just how far into this story are we? Is it a novella or a saga which will continue to play out before our already astonished eyes? Australian politics since 2007 has certainly been an epic tale and will likely continue to be a volatile environment for all of the players, from the voters to the politicians.
The first point to make is both an obvious and not so obvious conclusion. On the face of it the vote of the Liberal Party caucus was an emphatic one. More than half of the MP’s gathered voted at the very least to give the Prime Minister more time.
On the other hand, 39 members of his parliamentary team – over 40% of them and likely multiple ministers – delivered a vote of no confidence in his leadership. And it is a point made by many observers that this is an untenable position. Former Prime Minister Bob Hawke did not save his leadership from a very similar vote to that which the Liberal Party delivered today. And Julia Gillard did not recover from a much better position than the one furnished to Tony Abbott by Liberal MP’s.
It can easily be argued that the Prime Minister would not be able to recover politically if he received as little as 25 or more votes in today’s ballot. The public have largely switched off and that is largely because of Tony Abbott, but also Joe Hockey. It is not the fault of any backroom figures and any move to shift the blame to them is just ridiculous. Politicians make the final decisions and while it is the job of staffers to persuade against particular directions, it is not their fault if good advice is not heeded.
There can be little doubt that Tony Abbott’s leadership will continue to further implode. Prime Minister Abbott has had months to stop making mistakes, without the threat of a leadership spill and has not done so. In recent times he has even appeared to be making fun of his penchant for ‘captain’s calls’. Tony Abbott should be solemnly proving by his actions, at every opportunity, that he is no longer going to make these unilateral decisions. He has not.
The PM can continue to talk about getting himself and the party out of this invidious position, but it will likely be to no avail.
If there was any small skerrick of a chance of Tony saving himself and the Coalition, then the government would have to change or dump some of the policies. The overall narrative simply has to remain, and the public will accept that. Voters accepted the debt had to go under John Howard and Peter Costello – for 12 years. At the very least, the co-payment idea and knights and dames must no longer be countenanced, even at arm’s length or in consultation with others. Recent history shows any changes will be cosmetic.
The current Treasurer’s commission has to be terminated too, regardless of whether Tony Abbott wants to stay in the job or not. Joe Hockey has gone from a pretty good Shadow Treasurer to a hopeless and abrasive embarrassment in the Treasury portfolio. Mr Hockey lacks the temperament to be able to deal with difficult negotiations. He has been far too stubborn. The trouble here is that the best candidate for the job is also the ideal replacement to Prime Minister Tony Abbott – Malcolm Turnbull.
The Treasury portfolio does deliver a difficulty in terms of the leadership equation. If there is no change of the leadership of the Coalition and at the same time, the Treasury portfolio, within a month, any new economic team after that would have less than two months to prepare the budget.
If the Liberal Party were to give Tony Abbott a further 6 months as leader and keep the Treasurer, as has been reported, then problems would arise on that front too. An incoming leadership team and their likely new bean counter would have to sell or quickly dump elements of a budget delivered by a politically compromised team.
Obviously the situation is absolutely dire. The Coalition will be in an even worse position if a likely transition to a new leader is not handled well. Another spill would not look great, even thought it would almost certainly deliver a new Liberal leader. The Liberal Party will need to be mature and know that the best way forward, whether it be almost immediately or after 6 months, is an orderly transition. Tony Abbott will have to swallow his pride and resign when it gets to that point.
This is not an easy situation to be in. But it is a situation cultivated by less than a handful of people and allowed to continue by dozens more. The actions of a few in that handful of people could determine how the next 18 months plays out.
Things are hotting up on the Liberal leadership front. The backgrounding from disgruntled PM’s has now morphed into spectacularly public dissent.
Public statements from Abbott Government MP’s about Tony Abbott’s leadership began in a very dramatic fashion with Jane Prentice on the national broadcaster. And again today the ABC played host to an even more dramatic statement – Dennis Jensen revealed he had told Tony Abbott that he could no longer support his leadership. Throw in Warren Entsch calling for the issue to be resolved in the partyroom next week and Mal Brough giving qualified support for the leader and you have the beginnings of a very messy situation.
Australia has seen a lot of leadership change in the last 5 years. Governments have fallen and governments have imploded, with leadership contests becoming more common. Matters look certain to come to a head in the near future within the Liberal Party.
Because of the certainty of the impending events, some care must be taken that the party deals with this difficult situation in the least ugly way possible. The Liberals need to learn from lessons of the past and make the move as seamlessly as possible. That will probably be easier said than done.
The best option is no challenge at all. That does not mean that the situation should continue as is. That would be among the worst outcomes. Poll results of 57%-43% in the Labor Party’s favour would become the new norm. The no-challenge option means the Prime Minister resigning in the face of growing discontent among members of caucus. Given the Prime Minister’s defiance and rhetoric at the National Press Club on Monday, this is also the least likely eventuality. So the party will have to navigate the next best way forward.
Another terrible option would be waiting too long before a challenge or transition. The Coalition Government would be even further paralysed by the inability to perform the basic functions of government – much like the ALP were in the period between 2010 and 2013. The present situation should be resolved within a matter of days or weeks and definitely not months. The new leader needs more than a year to get people listening again.
In an ideal world, one leadership contest or a single transition to a new Prime Minister would make the best of a bad situation. That means going about the process in a particular way.
In the event of a leadership contest, all candidates should publicly pledge to leave politics – like Julia Gillard and Kevin Rudd did in the last leadership spill of 2013 – if they lose the battle. But instead of pledging to leave politics at the next election which is about 18 months away, the losing candidate or candidates should pledge to leave politics immediately, forcing a by-election. This option might cause some voters to be a little angry in the short-term, but it would be the best way project an air of stability in the medium to long-term.
Even more important than the ease of the transition is the shift in policy and rhetoric. This has already commenced, though barely, under Tony Abbott, but needs to go further under his replacement. The party must realise that the the products need to be re-designed and the sales pitch altered. A fresh team in the problematic treasury, health, education and social services portfolios would help sell the message of change.
Tony Abbott and the Coalition face some difficult days and weeks ahead. But this issue needs a resolution and that solution has to lead to the best medium and long-term outcomes for the party. Egos cannot get in the way or the Liberal Party leadership issue will fester. And that is what really cooked the Australian Labor Party.
Just how quickly these events will reach a crescendo is yet to be determined. But this situation can be controlled and managed better than it has been so far.
Cooler heads must prevail.
Today the Abbott Government were, 10 months after their election, able to see the repeal of the former Labor Government’s carbon tax pass through the Senate. Finally the Coalition was able to deliver on their most solemn commitment to the Australian people in 2013. It has not been an easy road to this point for the Coalition, not just in the area of carbon pricing, but in general. Understandably then, the relief of today’s events among Coalition MP’s and Senators was palpable.
But not all political players were happy. The Greens led the way with the condemnation of the government and understandably so. It was at their insistence that the former Labor Government introduce a price on carbon in return for their support in minority government. The ALP also voiced their concerns with the events of today. Their position being that Australia needs an Emissions Trading Scheme.
As often happens when controversial things occur in politics, there was not much restraint shown in the language used to describe what happened in Canberra. Hyperbole got a real workout. Both politicians and social media indulged in making hyperbolic statements.
The trouble is, whatever your viewpoint on this, or any other issue, hyperbole does little to further your cause. It makes you look overly emotional and can turn people off your cause. Simple language without outlandish claims works best when trying to communicate serious points. Few people like feeling as if they are being preached to. It is better to feel you are part of a solution than it is that you are part of a problem.
By far the most overblown and indeed overused claim today was that the repeal of the carbon tax would doom the planet. It was said by many that our children and their children should be told it was Tony Abbott and his government who should be held responsible for the state of the planet in their lifetime. This is just plain wrong.
What one nation does in isolation will not curb or exacerbate global warming in any significant way. What the international community as a whole chooses to do, or at least the vast majority of countries, will have an impact.
What one nation does in reversing action on curbing emissions will, on the other hand, have a significant impact on their own natural environment and the health of their citizens.
This so far might sound like an endorsement for so-called ‘direct action’. It is not. That policy is incredibly expensive.
What Australia needs is an Emissions Trading Scheme, or ETS. We almost had one not all that long ago. It was not perfect, but it was a very good start. And it would have saved a lot of political trouble for multiple players in the years after it was dumped. And it would have been reducing emissions long before Labor’s carbon tax began operating.
The debate around climate change and how to tackle it will continue. And that leaves open the possibility that minds will change. The key is that emotion is largely taken out of the debate, while still being able to calmly discuss the potential consequences of global inaction.
In political circles, s18c of the Racial Discrimination Act is one of the hottest topics. Out in the broader community, it is not exactly high on the agenda. But the government is seemingly moving towards repealing that section of the Act. Indeed, it was one of the commitments made by the government when in opposition.
If the government were to break their promise, and not repeal s18c, they would lose no political skin. The government is still talking about a repeal of s18c of the Act however, though the final outcome may not end up being the removal of this part of the Act. There does appear to be mixed messages from the government.
Both sides of the debate have been passionately advocating their respective positions since the policy was announced. Sometimes that passion has been overly emotional. Nuanced and dispassionate consideration of the issue at hand has often been lacking, with the full repeal advocates and those in favour of the status quo being the loudest participants.
As you would imagine, the issue has been hotly debated on the various political panel shows for some time. And that debate has continued to accelerate in recent weeks, including on The Drum and Q&A last week.
There was a mostly mature discussion of the subject on both programs. The political class, the politicians in this case on Q&A, did get a little more emotional than those closer to the periphery of political debate, the guests on The Drum.
And then there was the social media commentary from the politically engaged. Twitter, as it often does, played host to a whole new level of angry and emotional consideration of the topic.
From the Twitter discussion last week, I learned that privileged, white, middle-aged males in particular have no right to take offense at any kind of jibes directed towards them. However everyone else is, in the eyes of a number of people on Twitter, allowed to seek comfort from the law. White privilege apparently means that no laws are required.
This is a problem. It is a problem because we live in what is supposed to be a liberal democracy. Granted we do not always get the application of liberal democratic values right in our society, but we are, for all intents and purposes, at the very least in name, a liberal democracy. That means that everyone is supposed to be equal before the law. Everyone is to be treated the same by and under the law.
When it comes to the section of the Racial Discrimination Act in question, I have been on quite a journey. I have held a few positions since the court case involving Andrew Bolt, which started us on the journey to the debate we are having at the present time.
At first my largely libertarian and liberal politics came to the fore. I thought that section of the Act just had to go because, well, free speech. It was a very absolute position. How could anything else possibly amount to free speech I thought.
Then I thought about it some more when I heard David Marr speaking on one of the panel shows on television. His position was that the part of the Act being debated should be altered.
At present, someone is in breach of the Racial Discrimination Act if they engage in behaviour which ‘offends, insults, humiliates or intimidates’.
David Marr has argued that the first two words: ‘offends’ and ‘insults’ are too subjective. The threshold there is indeed too low. A higher test should apply to the Act, and at the time I thought that Mr Marr’s thinking struck the right balance.
But again in recent days I have reconsidered my position. I have begun to think that the word ‘humiliates’ should be removed from the Act. The word seems to me to be so similar to the first two that it is an unnecessary part of the legal test for discrimination.
I do however think that the word ‘intimidates’ needs to be retained in the legislation. Essentially, racial discrimination and vilification in its purest sense is behaviour which intimidates the victim. It is the very foundation of true hate speech and has no part in a civilised society.
In short, we should have laws against hate speech. However, neither the status qu0 nor the proposed alternative position are adequate ways of dealing with what is a very complex issue.
It is worthy to note too that no single characterisation of the Act, either considered here or elsewhere, will eradicate discrimination. However, a legal remedy must remain available for when discrimination and vilification has been found to have occurred.