George Brandis suggests Joyce and Nash didn’t really make their ministerial decisions


Michelle Grattan, University of Canberra

Labor says decisions made by Barnaby Joyce and Fiona Nash are open to legal challenge but Attorney-General George Brandis suggests the two former ministers were not the ones who actually made them.

Joyce and Nash were disqualified from parliament by the High Court on Friday for having been dual citizens when elected.

The opposition says at least 20 executive decisions and 47 ministerial announcements made by Joyce could be open to challenge.

These include the controversial decision to relocate the Australian Pesticides and Veterinary Medicines Authority to Armidale in his New England electorate, various grants and appointments, and any decisions under the Water Act, where he had power to determine claims for payment to water access entitlement holders.

The list comes from a paper Labor sought from the Parliamentary Library on the ministerial decision-making powers exercised by Joyce and Nash, and specific important decisions they made.

Joyce had ministerial responsibility for agriculture and water resources. Nash was minister for regional development and regional communications.

The opposition says at least eight executive decisions and 43 ministerial announcements made by Nash could be subject to challenge. These included elements of each of the regional NBN rollout, the mobile blackspots program and the rural decentralisation program, as well as grants under the Building Better Regions Fund.

Labor has as well released updated advice from senior silks Matt Albert QC and Matt Collins QC about the legal status of decisions made by the former ministers.

The Constitution allows a minister to hold office for three months while not being a member of parliament.

The legal advice says that any decision made by Joyce or Nash after three months had lapsed from their appointment as ministers was open to challenge.

“Any decisions made by Joyce and Nash, purportedly in their capacity as a minister, on and after October 20, 2016, are open to challenge.

“The likelihood of proceedings being brought to challenge such decisions is high, having regard to the significance and seniority of their relevant portfolios,” the advice says.

Brandis said the government was looking very carefully at the question of the validity of the former ministers’ decisions. But “I doubt that there are many if any decisions that would be relevant in any event”, he said on Sky.

“Most decisions that ministers make are in fact made by the cabinet on the recommendation of ministers. Appointments are made by the governor-general or the federal executive council on the recommendation of ministers. So I think you will find that there is no legal consequences here at all.”

Tony Burke, manager of opposition business, told the ABC there would be “vested interests” with an interest in challenging decisions of Joyce.

“When you’re in charge of Australia’s quarantine service, there’s importers and exporters who make or lose money depending on decisions you make.

“There’ll be a series of decisions there with vested interests now combing through, and there being a whole lot of legal doubt over those decisions on the simple basis that Barnaby Joyce didn’t do what Matt Canavan did,” Burke said.

“Matt Canavan turned out to have been legally in parliament. But at least he took the precaution to step aside so that there was no risk to there being illegitimacy to his decisions.

“Barnaby Joyce and Malcolm Turnbull decided, oh no, nothing to see here, let’s just ignore the last 25 years of how the High Court ruled on this and pretend that it’s all going to be different this time.”

The ConversationBurke said there was a reason why the government had not revealed the solicitor-general’s advice. “I don’t believe for a minute it was as strong as they were claiming,” he said.

https://www.podbean.com/media/player/g8gar-796795?from=site&skin=1&share=1&fonts=Helvetica&auto=0&download=0

Michelle Grattan, Professorial Fellow, University of Canberra

This article was originally published on The Conversation. Read the original article.

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Grattan on Friday: If High Court disqualifies Canavan, Joyce will be scratching for cabinet replacement



File 20170727 8533 1kjfdua
Legal experts are unsure what the High Court may decide on Matt Canavan.
Lukas Coch/AAP

Michelle Grattan, University of Canberra

The Senate, bordering on the farcical all year, has finally descended into burlesque, with the tale of the bright young cabinet minister whose mum made him a son of her parents’ old country.

Before the strange case of the Nationals’ Matthew Canavan burst into public view, the Senate had already lost four of its number, under various parts of the Constitution’s Section 44, including the Greens’ two co-deputies within a week.

And then there’s been the media chase after One Nation’s Malcolm Roberts, in pursuit of documents to back his assertion he didn’t hold British citizenship when he nominated for the Senate.

Canavan’s story of how he was signed up for Italian citizenship – unknown to him, he says – by his Australian-born mother of Italian heritage, is as bizarre as they come.

It’s anyone’s guess whether the High Court will find he’s in breach of Section 44, which rules out dual citizens standing for parliament.

There are differences here with the circumstances of the two Greens, who were born overseas and hadn’t quashed their other citizenship, making their ineligibility clearer cut. Neither chose to dispute the situation.

Legal experts are unsure what the High Court may conclude on Canavan. There are also claims and counter-claims of what one is required, or not required, to do to become Italian.

So, it is not surprising the government has decided to fight for Canavan, who has resigned as a minister while his parliamentary status is determined.

For the Nationals, the stakes are particularly high and complicated.

If Canavan were found ineligible to have been elected, there’d be a countback, with his replacement being Joanna Lindgren, a former senator who lost in 2016. Lindgren is a grand-niece of the late Neville Bonner, the first Indigenous person elected to federal parliament.

A Liberal when she was a senator, Lindgren would likely find herself in the Nationals’ partyroom.

Where she sat would not be her decision but that of the Queensland Liberal National Party. The two parties are merged in that state, though they’re sharp-elbowed bedfellows, who break into their separate tribes once in Canberra. It is understood the LNP would not allow the loss of Canavan to disrupt the present balance of numbers coming out of Queensland.

Until the court case is decided – by year’s end on the optimistic assessment – Nationals leader Barnaby Joyce is acting in Canavan’s resources and northern Australia portfolio.

This will overload Joyce, who already looks under strain, this week making injudicious comments about the alleged theft of water by irrigators. Even if Canavan survives, his immediate absence from cabinet is a blow to Joyce, because he provides policy heft.

If the case goes against Canavan, Joyce would face a dilemma in who to elevate to cabinet.

The most obvious choice, on seniority and experience, would be the only National in the outer ministry: Small Business Minister Michael McCormack. But McCormack is from New South Wales. The Nationals would be desperate to keep up their representation from Queensland, a vital state for them, and the Coalition generally, at the election.

Queenslander Keith Pitt is an assistant minister, but his critics say he’s been difficult rather than supportive in that role. Then you get to backbenchers such as senator Barry O’Sullivan, based in Toowoomba, and David Littleproud, from the regional seat of Maranoa.

Littleproud is spoken of as a man with a future, but is a newcomer. There are wildly opposite views on O’Sullivan, a one-time detective and later businessman, whose performances with Senate committee witnesses can resemble the tougher side of police interrogation. His critics think he should be bumped from the Senate ticket at the next opportunity; his admirers believe he could be cabinet material.

The High Court decision on Canavan will at least provide clarity on a more obscure aspect of the dual citizenship ban.

Inevitably, however, the slew of actual or potential victims of Section 44 has led to calls for constitutional change.

There are arguments for and against the dual citizenship prohibition but convenience should not be included. Notwithstanding the peculiar Canavan situation, surely aspiring politicians should be able to ascertain if they have a foreign citizenship.

On the question of substance, some argue that in a multicultural community there should not be a requirement to relinquish citizenship of another country. There is the counter argument – which I think is more compelling – that the single allegiance is a reasonable condition to impose on those responsible for making national decisions.

Dual citizenship could throw up perceived conflicts of interest – for example, for trade or foreign ministers.

Two other parts of the wide-ranging Section 44 claiming victims this year relate to having a direct or indirect pecuniary interest in an agreement with the Commonwealth, designed to prevent corruption and conflicts of interest, and being “under sentence, or subject to be sentenced” for an offence carrying a year or more imprisonment.

The eligibility of a House of Representatives Nationals MP, David Gillespie, an assistant minister, is being challenged in the High Court by Labor on the ground of having an indirect pecuniary interest, because of a post office located within a shopping centre owned by a company in which he is a shareholder.

In 1977 Malcolm Fraser won a change to Section 15 of the Constitution to ensure a casual Senate vacancy is filled by a member of the same party. This followed shenanigans by a couple of conservative state governments in filling vacancies in the Whitlam government’s time.

The ConversationThat change was simple and demonstrably the right thing to do. In contrast, an attempt to alter the dual citizenship ban – and indeed any other qualification rule in Section 44 – would be more contested. That, and today’s generally negative electoral mood, would likely doom any referendum.

https://www.podbean.com/media/player/axx2w-6d8662?from=site&skin=1&share=1&fonts=Helvetica&auto=0&download=0

Michelle Grattan, Professorial Fellow, University of Canberra

This article was originally published on The Conversation. Read the original article.

Australian Politics: 5 December 2014 – The Great Reshuffle


Australian Politics: 17 July 2013


The asylum seeker controversy in Australia is deepening, with four more deaths after another tragedy at sea last night. There is yet another boat in distress right now as well. Compassion would seem to be much in need from where I sit, yet most Australians seem to have very little when it comes to the plight of refugees and/or asylum seekers.

Still, an election can’t be too far away as the various parties begin the usual pledges to spend money on this and that – certainly infrastructure needs are great in this country.

Meanwhile Kevin Rudd has held a community cabinet meeting overnight.

Malaysian Christians Seek to End Restrictions on Malay Bibles


Federation calls for removal of ‘every impediment’ to importing and printing Scripture.

KUALA LUMPUR, Malaysia, April 6 (CDN) — Christian importers of Bibles that Malaysian officials detained are balking at conditions the government has imposed for their release, such as defacement of the sacred books with official stamps.

The Home Ministry stamped the words, “This Good News [Malay] Bible is for use by Christians only” on 5,100 Bibles without consulting the importer, the Bible Society of Malaysia (BSM), which initially refused to collect them as it had neither accepted nor agreed to the conditions. The Home Ministry applied the stamp a day after the government on March 15 issued a release order for the Bibles, which had been detained in Port Klang, 38 kilometers (24 miles) southwest of Kuala Lumpur, since March 20, 2009.

Another 30,000 Bibles detained since Jan. 12 on the island of Borneo remain in port after the Sarawak state Home Ministry told the local chapter of Gideons International that it could collect them if the organization would put the stamp on them. Gideons has thus far declined to do so, and a spokesman said yesterday (April 5) that officials had already defaced the books with the stamp.

The government issued letters of release to both organizations on March 15 under the condition that the books bear the stamp, “Reminder: This Good News [Malay] Bible is for use by Christians only. By order of the Home Minister,” and that the covers must carry a serial number, the official seal of the department and a date.

The Home Ministry’s stamping of the BSM Bibles without the organization’s permission came under fire from the Christian community. In a statement issued on March 17, Bishop Ng Moon Hing, chairman of the Christian Federation of Malaysia (CFM), described the Home Ministry’s action as desecration.

“[The] new conditions imposed on the release of the impounded Bibles … is wholly unacceptable to us,” he added.

Ng described the conditions imposed by the Home Ministry as tantamount to treating the Malay Bible as a “restricted item” and subjecting the word of God to the control of man. In response, Home Minister Hishammuddin Hussein has said the act of stamping and serialization was standard protocol.

 

Government Overtures

In the weeks following the March 15 release order, the government made several attempts to try to appease the Christian community through Idris Jala, a Christian from Sarawak state and a minister in the Prime Minister’s Department.

Idris issued the government’s first statement on March 22, explaining that officials had reduced earlier conditions imposed by the Home Ministry to require only the words, “For Christianity” to be stamped on the covers of the Bible in font type Arial, size 16, in bold.

Idris informed BSM that the Bibles could be collected in their present state or arrangements could be made to have stickers with the words “For Christianity” pasted over the imprint of the stamps made by the Home Ministry officials. In the event that this was not acceptable, the minister pointed out that BSM had the option of having the whole consignment replaced, since the government had received an offer from Christian donors who were prepared to bear the full cost of purchasing new Bibles.

In response, the CFM issued a statement on March 30 saying, “The offer made does address the substantive issues,” and called on the government “to remove every impediment, whether legal or administrative, to the importation, publication, distribution and use of the [Malay Bible] and indeed to protect and defend our right to use the [Malay Bible].”

Bishop Ng, however, left it to the two importers to decide whether to collect the Bibles based on their specific circumstances.

On March 31, BSM collected the mishandled Bibles “to prevent the possibility of further acts of desecration or disrespect.” In a press statement, BSM officials explained that the copies cannot be sold but “will be respectfully preserved as museum pieces and as a heritage for the Christian Church in Malaysia.” The organization also made it clear that it will only accept compensation from the Home Ministry and not from “Christian donors,” a term it viewed suspiciously.

On Saturday (April 2), Idris issued a 10-point statement to try to resolve the impasse. Significantly, this latest overture by the government included the lifting of present restrictions to allow for the local printing and importation of Malay and other indigenous-language Bibles into the country.

In Sarawak and Sabah, there would be no conditions attached to Bibles printed locally or imported. There also would be no prohibitions and restrictions on residents of these two states carrying such Bibles to other states. A significant 64 percent of Malaysian Christians are indigenous people from Sabah and Sarawak states who use the Malay language in their daily life, and having the Bible in the Malay language is considered critical to the practice of their Christian faith.

In the case of West Malaysia, however, in view of its larger Muslim population, the government imposed the condition that the Bibles must have the words “Christian publication” and the sign of the cross printed on the front covers.

 

Christian Response

Most Christians responded to this latest overture with caution. Many remained skeptical, seeing it as a politically motivated move in view of Sarawak state elections on April 16. Nearly half of Sarawak’s population is Christian.

Bolly Lapok, an Anglican priest, told the online news agency Malaysian Insider, “It’s an assurance, but we have been given such assurances before.” BSM General-Secretary the Rev. Simon Wong reportedly expressed the same sentiments, saying the Home Ministry already has a record of breaking its word.

The Rev. Thomas Phillips of the Mar Thoma Church, who is also president of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism, questioned the timing of the proposal: “Why, after all these years?”

The youth wing of the Council of Churches rejected the proposal outright, expressing fears that the government was trying to “buy them over” for the Sarawak election, and that it would go back on its word after that.

Bishop Paul Tan, president of the Catholic Bishops’ Conference of Malaysia, called the proposal an “insidious tactic of ‘divide and rule,’” referring to its different requirements imposed on Malaysians separated by the South China Sea. Dr. Ng Kam Weng, research director at Kairos Research Centre, stressed that the proposal “does not address the root problem of the present crisis, i.e. the Allah issue.”

 

Muslim Reactions

The 10-point proposal has also drawn the ire of Muslim groups, who view it as the government caving in to Christian pressure.

Perak Mufti Harussani Zakaria expressed his disappointment, reportedly saying, “If the government does this, just cancel the law,” in reference to various state Islamic enactments that prohibit the use of the word “Allah” and other so-called Islamic terms that led to the banning of the Malay Bible. Malay Bibles have not been allowed to be printed locally for fear that they will utilize “prohibited” words.

The Muslim Organizations in Defense of Islam (Pembela) threatened to challenge the 10-point proposal in court if it was not reviewed in consultation with Muslim representatives.

On the same day Pembela issued its statement, the government seemed to have retracted its earlier commitment. The Home Minister reportedly said talks on the Malay Bibles were still ongoing despite Idris’ 10-point proposal, which purportedly represents the Cabinet’s decision.

As a result, James Redas Noel of the Gideons said yesterday (April 5) that he was confused by the mixed messages coming from the government and will not make a decision on whether to collect the Bibles until he had consulted church leaders on the matter, according to the Malaysian Insider.

The issue with the Malay Bibles is closely tied to the dispute over use of the word “Allah” by non-Muslims.

In a controversial court ruling on Dec. 31, 2009, judge Lau Bee Lan had allowed The Herald, a Catholic newspaper, to use “Allah” for God in the Malay section of its multilingual newspaper.

The Home Ministry filed an appeal against this decision on Jan. 4, 2010. To date, there is no indication as to when the case will be heard.

Christians make up more than 9 percent of Malaysia’s nearly 28 million people, according to Operation World.

Report from Compass Direct News
http://www.compassdirect.org

Prospects of Religious Freedom Appear Grim in Islamic Maldives


Two years after political reforms, freedom of faith nowhere in sight.

MALÉ, Maldives, August 10 (CDN) — Visitors to this Islamic island nation get a sense of religious restrictions even before they arrive. The arrival-departure cards given to arriving airline passengers carry a list of items prohibited under Maldivian laws – including “materials contrary to Islam.”

After Saudi Arabia, the Maldives is the only nation that claims a 100-percent Muslim population. The more than 300,000 people in the Maldives, an Indian Ocean archipelago featuring 1,192 islets 435 miles southwest of Sri Lanka, are all Sunnis.

This South Asian nation, however, has more than 70,000 expatriate workers representing several non-Islamic religions, including Christianity.

Also, around 60,000 tourists, mainly from Europe, visit each year to enjoy the blue ocean and white beaches and normally head straight to one of the holiday resorts built on around 45 islands exclusively meant for tourism. Tourists are rarely taken to the other 200 inhabited islands where locals live.

Nearly one-third of the population lives in the capital city of Malé, the only island where tourists and Maldivians meet.

While the Maldivians do not have a choice to convert out of Islam or to become openly atheist, foreigners in the country can practice their religion only privately.

In previous years several Christian expats have either been arrested for attending worship in private homes or denied visas for several months or years on suspicion of being connected with mission agencies.

According to “liberal estimates,” the number of Maldivian Christians or seekers “cannot be more than 15,” said one source.

“Even if you engage any Maldivian in a discussion on Christianity and the person reports it to authorities, you can be in trouble,” the source said. “A Maldivian youth studying in Sri Lanka became a Christian recently, but when his parents came to know about it, they took him away. We have not heard from him since then.”

The source added that such instances are not uncommon in the Maldives.

“I wish I could attend church, but I am too scared to look for one,” said a European expat worker. “I have not even brought my Bible here; I read it online. I don’t want to take any chances.”

The British reportedly translated the Bible into the local language, Dhivehi, and made it available in the 19th century, as the Maldives was a British protectorate from 1887 to 1965. Today no one knows how the Dhivehi Bible “disappeared.”

“A new translation has been underway for years, and it is in no way near completion,” said the source who requested anonymity.

 

Religion Excluded from Rights

The 2008 constitution, adopted five years after a popular movement for human rights began, states that a “non-Muslim may not become a citizen of the Maldives.”

Abdulla Yameen, brother of the former dictator of the Maldives and leader of the People’s Alliance party, an ally of the opposition Dhivehi Raiyyathunge Party (Maldivian People’s Party or DRP), told Compass that the issue of religious freedom was “insignificant” for the Maldives.

“There’s no demand for it from the public,” Yameen said. “If you take a public poll, 99 percent of the citizens will say ‘no’ to religious freedom.”

Maldivians are passionate about their religion, Yameen added, referring to a recent incident in which a 37-year-old Maldivian citizen, Mohamed Nazim, was attacked after he told a gathering that he was not a Muslim. On May 28, before a crowd of around 11,000 Maldivians, Nazim told a visiting Indian Muslim televangelist, Zakir Naik, that although he was born to a practicing Muslim family, he was “struggling to believe in religions.”

He also asked Naik about his “verdict on Islam.” The question enraged an angry crowd, with many calling for Nazim’s death while others beat him. He received several minor injuries before police took him away.

“See how the public went after his [Nazim’s] throat,” said Yameen, who studied at Claremont Graduate University in California. When asked if such passion was good for a society, he replied, “Yes. We are an Islamic nation, and our religion is an important part of our collective identity.”

Asked if individuals had no rights, his terse answer was “No.” Told it was shocking to hear his views, he said, “We are also shocked when a nation legalizes gay sex.”

Mohamed Zahid, vice president of the Human Rights Commission of the Maldives, told Compass that the country has its own definition of human rights.

“It is to protect people’s rights under the sharia [Islamic law] and other international conventions with the exception of religious freedom,” he said. “We are a sovereign nation, and we follow our own constitution.”

Zahid and several other local sources told Compass that the issue of religious rights was “irrelevant” for Maldivians. “Not more than 100 people in the country want religious freedom,” Zahid said.

 

Politics of Religion

Former President Maumoon Abdul Gayoom, a virtual dictator for 30 years until 2008, is generally held responsible for creating an atmosphere of religious restrictions in the Maldives, as he sought to homogenize religion in the country by introducing the state version of Sunni Islam. He also led a major crackdown on Christians.

The Protection of Religious Unity Act, enacted in 1994, was an endeavor to tighten the government’s control over mosques and all other Islamic institutions. The Gayoom administration even wrote Friday sermons to be delivered in mosques.

In 1998, Gayoom began a crackdown on alleged missionary activities.

“A radio station based out of India used to air Christian programs via the Seychelles, but the government came to know about it and ensured that they were discontinued with the help of the government in the Seychelles,” said a local Muslim source.

That year, Gayoom reportedly arrested around 50 Maldivians who were suspected to have converted to Christianity and deported 19 foreign workers accused of doing missionary work. A source said Gayoom apparently wanted to regain popularity at a time when his leadership was being questioned.

When the archipelago became a multi-party democracy in October 2008, new President Mohamed Nasheed, a former journalist and activist, was expected to pursue a liberal policy as part of the country’s reforms agenda.

Although Nasheed is the president, his party, the Maldivian Democratic Party (MDP), has only 28 members and the support of four independents in the 77-member People’s Majlis (Maldives’ unicameral Parliament). Gayoom, now in his 70s and the leader of the largest opposition party, the DRP, has a simple majority – which presents difficulties in governance. Nasheed pleads helplessness in implementing reforms, citing an intransigent opposition.

Today Gayoom’s party accuses President Nasheed of not being able to protect the country’s distinct identity and culture, which the opposition says are rooted in Islam. The Gayoom-led parliament recently sought to impeach the education minister for proposing to make Islam and Dhivehi lessons optional – rather than mandatory – in high school.

To pre-empt the impeachment move, the whole cabinet of Nasheed resigned on June 29, which caused a major political crisis that led to violent street protests. The Nasheed administration allegedly arrested some opposition members, including Gayoom’s brother, Yameen. Political tensions and uncertainties continued at press time.

Now that President Nasheed’s popularity is declining – due to perceptions that he has become as authoritarian as his predecessor – it is feared that, amid immense pressure by the opposition to follow conservative policies, he might begin to follow in Gayoom’s footsteps.

 

Growing Extremism

Both the ruling and opposition parties admit that Islamic extremism has grown in the country. In October 2007, a group of young Maldivians engaged government security forces in a fierce shootout on Himandhoo Island.

Nasheed’s party alleges that Gayoom’s policy of promoting the state version of Sunni Islam created an interest to discern “true Islam,” with extremists from Pakistan stepping in to introduce “jihadism” in the Maldives. The DRP, on the other hand, says that behind the growth of extremism is the current government’s liberal policy of allowing Muslims of different sects to visit the Maldives to preach and give lectures, including the conservative Sunni sect of “Wahhabis.”

Until the early 1990s, Maldivian women would hardly wear the black burqa (covering the entire body, except the eyes and hands), and no men would sport a long beard – outward marks of Wahhabi Muslims, said the Muslim source, adding that “today the practice has become common.”

Still, Islam as practiced in the Maldives is pragmatic and unlike that of Saudi Arabia, he said. “People here are liberal and open-minded.”

As extremism grows, though, it is feared that radical Islamists may go to any extent to extra-judicially punish anyone suspected of being a missionary or having converted away from Islam, and that they can pressure the government to remain indifferent to religious freedom.

How long will it take for the Maldives to allow religious freedom?

“Maybe after the Maldivian government legalizes gay sex,” the Muslim source joked.

Report from Compass Direct News