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Showing posts with label Legislation. Show all posts
Showing posts with label Legislation. Show all posts

Wednesday, August 08, 2007

Supersize me - but do it where I live


Miss Eagle seldom is on message with Paul Kelly of The Government Gazette. However, his analysis yesterday of what Howard is up to at the moment - and it is a moment by moment policy roller-coaster ride - is sound. Governance, not only under Howard but under any future Federal Government, is the issue.

Australia has a three tier system of governance: Local, State, Federal. Governance is on a declining scale of parochialism from Local up to Federal. Until now, when a Prime Minister who has been able to gain neither traction nor momentum against Opposition Leader, Kevin Rudd is becoming desperate. Howard has long demonstrated a bottomless capacity for buying votes but this attribute has now reached proportions which are both grandiose and parochial.

The Shock and Awe intervention appears to have some sort of policy identification and the place, the Northern Territory, seems to have been merely the place over which the Commonwealth had power to intervene easily.

John Howard, with Member for Braddon Mark Baker, make the most of a celebrity welcome at Mersey Hospital, Devonport as part of their Stick it to the States Campaign

The Shock and Awe modus operandi has continued week by week. Last week, it was the intervention in Tasmania singling out one hospital in one small community (the 70,000 population figure by Abbot is a blatant lie and does not describe the population of the community serviced by the Mersey hospital). This week it is offering disaffected local councils in Queensland funding for plebiscites in their municipalities on amalgamations proposed by Peter Beattie's Labor Government after long consultation with local government.

The ACT is the latest government in Howard's "Embarrass a Government To-day" program. This time he is offering to fund timber mill employees' entitlements to the tune of $5 million on the condition that the NSW Government issues the mill with a long-term licence. Now, there appear to be a number of interests coalescing here.

  1. Most of the employees are resident in the electorate of Eden-Monaro. Eden-Monaro is known as a bellwether seat. Eden-Monaro, since 1972, has been held by whichever party forms government.
  2. The purpose of the proposed funding and the request for a long-term licence is that the mill can be sold as a going concern. So, while employees may benefit and continuing employment in a marginal electorate are supported, the main beneficiary could well be the employer/company. Another case of business welfare?
  3. The relevant union is the CFMEU. This union is a blessing and a curse to the constituency of the Federal Government. Its members employed in the timber and forest products industry cost Labor two Tasmanian seats at the Federal Election of 2004 and have forced the ALP this time into a me-too Howard-image policy which dares not deviate in any environmentally responsible way or it will pay dearly in Tasmania. On the other hand, Howard and Co loathe the CFMEU's members employed in building and construction and have done everything they can to legislate against and prosecute the CFMEU's officials and members in this industry. But...timber and forest products industry union members appear to be a well-beloved species!

So since the Shock and Awe Campaign, Howard has struck at two states and two territories. Three states if one considers the position of the NSW Government in relation to a long-term licence for the ACT timber mill. So WA, SA, and Victoria are still to come. WA is open to vilification because they were the one stand-out state against Howard's armed intervention in Aboriginal affairs. Victoria has been a stand-out on the Howard Government attempt to nationalise water policy with all its private sector market-driven consequences. So there is room for Howard nastiness and meanness to operate against WA and Victoria.

So what will happen in SA? Undoubtedly, somewhere along the line will be incursion into Pitjantjatjara lands. And, just as certainly, the excuse will that Pitlands cross the border of South Australia and the Northern Territory.

So Back to Reality.Yesterday, the Northern Territory National Emergency Response Bill 2007 [NTMERB] passed through the House of Representatives in spite of Labor attempts to amend the legislation and in spite of the difficulties faced by Warren Snowdon and Senator Trish Crossin.


CEO of NITV, Pat Turner AM, at the Indigenous leaders press conference in Canberra yesterday.
Valda Shannon, a significant Aboriginal woman from Tennant Creek, at the press conference
Bill Heffernan, Homo Horribilis, puts in an appearance and an interruption at the Indigenous leaders press conference in Canberra yesterday

And who should raise his head above the parapet but that shameless and nasty old homo, Bill Heffernan. Homo, you ask? Homo Horribilis, don't you think Dear Reader? Aboriginal leaders came to Canberra yesterday to discuss the NTNERB and held a press conference. Bill the Buzzard came along, clearly seeing fresh meat to pick over, more dreadful people to put on his hit and smear list. He had the hide to interrupt. But good manners have never been the hallmark of of our hero, Homo Horribilis.

But perhaps I sell him short. Perhaps he only wanted to see what Aboriginal people look like. Maybe there haven't been many around his property in Junee lately. Maybe Bill just wanted to get to know some Aboriginal people before he sunk his ploughshares into their land as he farms Northern Australia!

Anyway, they told Bill where to go. Miss Eagle loves the photograph of Jack Ah Kit eyeballing him.

So, if Bill Heffernan was shameless yesterday, another Senator, Stephen Parry of Tasmania, found himself feeling shameful. Stephen, it is now believed, has learned not to open his mouth in lifts when uncertain of the discretion of all present. Parry has thought about this. So have the clinicians who have resigned from Mersey at the prospect of a Howard take-over. And then there is the Tasmanian Labor Government and its view.

So John Howard has let it be known that, if anyone anywhere in the nation has a proposal which is believed to have been neglected by a State Government, get in touch and they will put it on the list. Word has it that people are queuing up.

Parochialism across the nation is standing up and demanding to be supersized by superhero government. Damned is good governance.

Thoughtful policy is for the birds when making it up on the run and trying to shaft Labor is much more fun.

And Mal Brough is expressing concern about whether his legislation can survive a Federal Labor government. Well, Mal, when you carry on like this why would you expect the legislation produced to stand the test of time? When you expect everyone to toe the line when you say the magic words "child abuse" because they fear being labelled as unsupportive of efforts to combat it, why should you be surprised when more considered opinion will want to override your legislation? And when people realise that you have lead them up the garden path by failure to implement the recommendations of the very report you have used to force action after a decade of neglect, you still expect them to say you did the right thing?

Miss Eagle wonders what the so-called committee hearing will produce on Friday. What can it produce that will be meaningful? Some sound grabs?

And, dear Reader, if you are still not clear about what good and sound governance in this nation might look like, you can get an idea of it here. Whatever happened to this process, Miss Eagle wants to know? Buried between the manila folders and red tape of bureaucracy or withering for lack of funding by a grandstanding Prime Minister and his political, advisory, and bureaucratic lackeys?

Wednesday, May 17, 2006

Tell the Howard Govt to stop its nonsense


Kate Gauthier from A Just Australia has provided an update on the new bill which will provide for offshore processing of refugees in an insane way - excluding the continent of Australia from the migration zone. Here it is in full:

As you will have heard, the new Bill for offshore processing - Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 - has been introduced both into the House and the Senate. You can find information about the bill here. This includes the text of the bill as well as the (not particularly) explanatory memorandum. A Just Australia is preparing some information for supporters to explain what the effects of this bill will be and we will forward this to you as soon as it is ready. In the meantime however, you can read our Brief on the Proposal.The Bill is listed for debate in the House for next Tuesday 23rd May. It's listed as the last bill of the day so it may well be passed over until later that week, or even be held back until the 2nd sitting week (starting may29). It's unusual for it to be debated next week because John Howard will still be overseas and will return for the 2nd sitting week. Please phone/email/fax to your MPs and let them know how you want them to vote. You can get the contact details from the APH website Senate Inquiry. The bill has been passed to the Senate Legal and Constitutional Committee for investigation. You can find details of the inquiry here. Submissions must be lodged by next Monday 22nd May. Its very easy to make a submission - it can be on anything you want, even just to voice your opinion as a concerned Australian. We encourage people and organisations to make their voice heard. The Inquiry will be reporting on June 13th, with the Senate probably voting on the bill in that week. Write for rights! If you haven't taken the time to contact your state's Senators, please do so over the next two weeks. Their contact details can be found at the APH website. If Parliamentarians are going to cross the floor, negotiate amendments or take other actions against this bill, they need to show proof of the community concern that drove them to take these actions. So please, if you haven't already done so, write a letter and fax or email it soon.

Kate Gauthier
for the A Just Australia team --
Kate Gauthier
National Coordinator
A Just Australia
www.ajustaustralia.com
02 9745 9727
0414 876 139
We believe that Australia's policies toward refugees and asylum seekers should at all times reflect respect, decency and traditional Australian generosity to those in need, while advancing Australia's international standing and national interests. We aim to achieve just and compassionate treatment of refugees, consistent with the human rights standards which Australia has developed and endorsed.

Friday, April 07, 2006

The Prophetic Voice of Vinnie's

While I listened to the ABC's Religion Report on Wednesday 5 April, I thought I could hear Helen Coonan in the background marking down the ABC's Budget. Stephen Crittenden interviewed John Falzon, Operations Manager for one of Australia's biggest charities, the St Vincent de Paul Society. Falzon's interview was a tour de force and is worth listening to. For those of you who can't listen to it, or would like a permanent record, here it is. Fasten seat belts. Hold on to your seats.

The St Vincent de Paul Society says the Federal Government’s new breaching regime for people on welfare is immoral. Under the scheme, people who are breached but deemed to be extremely vulnerable, will be referred to the churches and charitable organisations to receive one-off payments of up to $650 to manage their cases.
Dr John Falzon is the National Operations Manager for the St Vincent de Paul Society.
John Falzon: Under the new Welfare to Work legislation, two major groups of people are going to be brought within the scope of the breaching regime. That’s people in receipt of parenting payments, especially single parents, but not exclusively, and also people with disabilities who are able to work more than 15 hours a week. Now when these people are breached, there are going to be some cases judged by Centrelink as being extremely vulnerable, and they are going to be referred to agencies that have taken up a contract to case manage the extremely vulnerable, and those agencies are going to give assistance in packages of up to $650 of government funds to the people who’ve been breached.What’s Vinnie’s position on this? Well, No.1 we consider the entire breaching regime to be unconscionable and immoral. It takes away dignity, it doesn’t offer hope, it doesn’t act as a mechanism for really enabling people to move from welfare to work. It punishes people who are already vulnerable, it deprives people of their human rights, of their dignity, of bread on the table for children in many cases.
Stephen Crittenden: And you’re not having any part of it.
John Falzon: Exactly. We’ve always held that position and as far as this idea of institutionalising charity and making people feel an even greater sense of humiliation in that even though the government is acknowledging that they’re going to be in a dangerous situation and is funding this period of crisis, it’s going to do so via a charity, to make people feel that the charity is being institutionalised and they’re being forced to go to a charity.
Stephen Crittenden: Yes, I don’t really understand what’s in it for the government. They aren’t really getting people off welfare, and even though the churches are looking after them, the government’s still going to be paying.
John Falzon: Yes, it’s more symbolic I think in this case. That’s what we really find unconscionable, that this is a return to some very old models of charity as being a means of really making people feel like they are to blame for their poverty. There’s a whole moral discourse involved here that we will have no part of. You know the wonderful educational theorist, Paulo Freire, and we really take his lead in Vinnie's, when he spoke very beautifully about needing to engage in a prophetic denunciation of the bad news, in order to engage in a prophetic annunciation of the good news. We denounce the breaching regime as bad news, there is no good news in any element of it. We do announce the good news that there is an alternative vision for Australia, and that’s one of our major concerns with this Welfare to Work legislation which some of our members refer to as Welfare to Work to Welfare - because in fact we don’t believe it’s going to have those sorts of positive outcomes that everyone would hope for. We believe that it lacks vision. Not only does it lack fairness but even from an economic rationalist point of view, it lacks strategic vision, and as the Book of Proverbs says, ‘Where there is no vision, the people perish’. Well where is the vision in pushing people who are vulnerable into that low end of the labour market without any adequate opportunity for skilling, for education, at a time when most commentators will acknowledge we’re facing a skills crisis, at a time when Australia can in fact have a competitive edge, by investing in education skills and innovation.
Stephen Crittenden: Presumably some of these people are still going to be coming to you for help, whether the government’s reimbursing you or not?
John Falzon: That’s true, absolutely, and Vinnie’s will never cease giving assistance to people who have been breached, and they will continue to come to us. We won’t be accepting government money to do that, we won’t be entering into a contract, but what we’ve always maintained is yes we will give the charitable assistance, we will be there as a charity because we consist of so many wonderful people who are giving up their time to do that, and because they believe in a fair go.
Stephen Crittenden: Doesn’t that let the government off the hook?
John Falzon: Well there’s the second part of the equation. We’ll give the charity to people but what we have always maintained is charity is fine, but what these people deserve is justice, and we’ll keep clamouring for that justice.
Stephen Crittenden: The Salvation Army says it will probably take up this proposal. The St Vincent de Paul Society says the breaching regime is immoral and you won’t have any part of it. Shouldn’t the churches be at one on this issue?
John Falzon: Well our position as far as – I’m not commenting on churches, but I will comment on agencies – we have taken the position quite rightly in my opinion, that we in no way wish to give any direction or call to other agencies as to how to conduct themselves. They must follow their own charters, their own rules, their own rationales for how to engage in this quite vexed social policy area.
Stephen Crittenden: But if you’re calling the government immoral, surely the implication is another church welfare agency who takes part in this immoral regime is participating in immorality if you like.
John Falzon: Well, as I said, we’re not commenting on the decisions of other agencies as to how they engage in this entire process, but for Vinnie’s our message is clear: in our rule as a matter of fact, it says where injustice, inequality, poverty, or exclusion are due to unjust economic, political or social structures, or to inadequate or unjust legislation, the society should speak out clearly against the situation, always with charity with the aim of contributing to and demanding improvements. For those people who might think that’s quite strongly worded, it’s not nearly as strongly worded as those words from the Prophet Isaiah, ‘Woe betide those who enact unjust laws and draft oppressive legislation depriving the poor of justice, robbing the weakest of my people of their rights, plundering the widow and despoiling the fatherless.’ That’s where we take our lead from, Stephen, we’re placed in a position by our members because of what they see every day in giving assistance to the people who come to us.
Stephen Crittenden: Let’s turn to a couple of other related welfare issues. Vinnie’s is also particularly concerned about what you’re describing as the nexus between the government’s Welfare to Work legislation and the new IR legislation.
John Falzon: Yes. Look, what we see is that the people who are going to be pushed by the Welfare to Work legislation into that low end of the labour market, are also the people conceivably, who will be subjected to compliance with Australian workplace agreements that potentially will not be family friendly, that will be deleterious to family life. We’ve actually received some legal advice to suggest that there may be a case whereby the provisions in the Welfare to Work legislation can contribute to coercion of sole parents to breach their duty of care to their children which is potentially a criminal offence.
Stephen Crittenden: But you’re also suggesting that the Welfare to Work legislation won’t just have the effect of pushing single mothers say back into the lower end of the workforce, it will also have the effect of pushing them on to individual contracts, which may be deleterious to them.
John Falzon: Conceivably, yes. We’re not in any way saying that that is necessarily going to be the case, but it is certainly on the cards as far as we can see, that that’s precisely where Australian Workplace agreements will be put in place, and who knows what kind of conditions will be removed from those working arrangements, particularly where children are involved.
Stephen Crittenden: OK, just finally, Dick Warburton and Peter Hendy, two Australian businessmen, have this week presented the Federal government with their review of Australia’s tax rates. And the Prime Minister has said that his first priority in this year’s budget is support for lower middle-income families. What is St Vincent de Paul Society saying about tax reform?
John Falzon: What we’re saying No.l is that the Treasurer is quite correct in citing the OECD figures that we’ve got the eighth lowest tax to GDP ratio, and that we’re the second-lowest spending amongst the OECD countries. We have always considered two major points as far as the debate on tax reform. 1. is that the effective marginal tax rates that affect precisely the people moving from Welfare to Work are incredibly high, up to the 70% mark and this acts as a major disincentive for people moving from Welfare to Work.
Stephen Crittenden: Labor’s Wayne Swan is saying this, too, this week.
John Falzon: Yes, quite right. Secondly though, we have always maintained that the far greater deficit in Australian society is not so much in terms of the need for tax cuts, it’s in terms of our under-investment particularly in social infrastructure, particularly in the costs that hit low income households, and middle income households in areas of education, health, transport, housing, child care, these are the sorts of costs that impact heavily because it’s a matter of shifting from the public purse to the private pocket. We would dearly love to see an intelligent and strategic investment in these areas of Australian society rather than putting a few dollars into people’s pockets, because this would have not only a great effect on those individual households, but as a whole, collectively as a nation, it would enable us to go forward and would stand in opposition to the narrow-minded punitive welfare reforms and IR reforms that we’ve seen.
Stephen Crittenden: John, thanks very much for being on the program.
John Falzon: Pleasure, Stephen.
Stephen Crittenden: You don’t often hear a Catholic who can quote the Bible. Dr John Falzon, the National Operations Manager for the St Vincent de Paul Society.

Monday, April 03, 2006

Owning up and going from there

Boyd over at Non-violent Jesus has a great post on what we - and particularly those of the we who are Christians - should be doing. His post is out of the USA and relates to that nation's involvement in the war on Iraq. Miss Eagle has long advocated similar principles in Australia in relation to this nation's handling of reconciliation with the people of the First Nations and in the matter of refugees, asylum seekers, and immigration policies.

" 'Fess up!", Miss Eagle says. Come to grips with the truth about ourselves, our actions, our motivations. Then - and only then - can we move forward into new and creative policies and solutions. Christians, if we are worth our salt - or, as the good news says, if we are the salt which has not lost its taste and flavour - should stop shilly-shallying and being mealy-mouthed and lead the way in this direction. The principles espoused can be used on a number of fronts.

  1. Honesty, self-criticism, confession.
  2. Contrition, repentance, making amends, setting things right.
  3. Reformation in our actions and ways of doing things. New actions. New attitudes.

These are principles that can be taken onto a number of fronts. Not only in the matter of war and peace. Not only in the matter of asylum seekers and hospitality. But also in the matter of the new workplace legislation. Miss Eagle has said harsh words, particularly about the Howard Government, in all this. But if Miss Eagle is to be honest, the most satisfactory result for all with justice for all - employers, employees, business and community - will involve reconciliation. And Miss Eagle has to say that the state jurisdictions - at least the one in which she worked in Queensland - have strong conciliaton processes, and the word 'conciliation' is in the title of the governing industrial relations tribunal.

But - most Christians sitting in pews do not seem to have a clue about industrial relations or the issues involved. In most parishes or congregations of most denominations, industrial relations is barely a blip on the agenda. In fact, some denominations have poor track records themselves in industrial relations. Yet the current state of industrial relations in this nation has the capacity to rend asunder community values and traditions with no significant benefit or enrichment to either. So, in the name of Christ, Christians, what are you doing?

Thursday, March 23, 2006

The industrial relations Pandora's Box doesn't suit some

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As Australia gets set to implement the Howard Government's new industrial relations regime starting Monday, the flaws in the legislation are beginning to show. Shoddy draughtsmanship of the legislation - reflecting a lack of any practical knowledge of the real politic and practical dynamics of industrial relations on the ground - is being exposed like cracks in a jerry-built skyscraper. Fancy that - and with all those top flight private sector industrial lawyers doing the work!!!

The private sector industrial lawyers assisting the Howard Government in their appropriation of the Corporations Act for industrial relations purposes include Freehills who boast of their involvement with Australia's largest mining companies and the mining industry organizations, Australian Mines and Metals Association and the Minerals Council of Australia. Freehills have been involved in union-busting activities for a long time. Now their clients are not entirely happy with the legislation they have generated!

It does bring a smile to Miss Eagle's face to hear a company like Rio Tinto and the mining industry organization, Australian Mines and Metals Association, complaining. Rio Tinto, in particular, has wanted to kick unions out of the industry. The huge mining multinational has a long history of undermining unions in the mining industry. They support in principle a centralised and national industrial relations system. Now they have opened Pandora's Box they are bleating to the government. No satisfying some.

Rio Tinto has been happy to emasculate the right-wing AWU, Australia's major metalliferous mining union. Now they want protection from the militant left-wing CFMEU who may find some provisions in the new legislation to their advantage in their battle against the AWU on mine sites around the nation.

IR swings like a pendulum do
Big multinationals, two by two
Unions of workers, the right and the left
And, on the ground, the workers bereft.
(Sung to the tune of England Swings: apologies to Roger Miller)

Wednesday, March 22, 2006

Where there's a will, there is a way

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Have the unions found a way out, a way around, a way through Howard's IR legislation?