Tony Abbott: consider burqa ban in places ‘dedicated to Australian values’



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Tony Abbott said he was a reluctant banner but says the burqa is an affront to the Australian way of life.
Mick Tsikas/AAP

Michelle Grattan, University of Canberra

The issue of the burqa has erupted in the Coalition, with Tony Abbott suggesting a ban should be considered in places “dedicated to Australian values”, and the Nationals set to debate a prohibition on “full-facial coverings”.

Abbott said he was “a reluctant banner”, but “on the other hand, this thing frankly is an affront to our way of life”, a “confronting” and “imprisoning” garment.

“I think it is worth considering whether there are some places that are dedicated to Australian values such as our courts, our parliaments, our schools – maybe we do need to think about whether this garment is appropriate to be worn in places that are dedicated to upholding Australian values,” he told 2GB.

Abbott was commenting on a motion for a ban that Nationals MP George Christensen will move when the party’s federal conference meets this weekend.

The Christensen motion, supported by his Dawson federal divisional council, calls on the government “to implement a ban on full-facial coverings in all government buildings and public spaces, excluding places of worship, where it assists with security and public safety”.

Christensen said the qualification about security was to make exceptions for face coverings that for example were part of an entertainment.

The motion puts Deputy Prime Minister Barnaby Joyce on the spot.

“One of the great things about our party is that any person and any branch can bring forward any motion,” Joyce said.

“That doesn’t necessarily mean it becomes policy. That’s a matter for the federal conference, and I’ll be watching and listening to the debate like any other delegate.” Pressed on his own opinion he told reporters: “You can turn up the conference and find out exactly what I believe”.

In the Senate on Wednesday Pauline Hanson launched a vitriolic attack on Attorney-General George Brandis over his criticism of her stunt last month when she wore a burqa into the chamber. In his emotional speech that drew a standing ovation from Labor and the Greens, Brandis said it was appalling for her to mock the religious garments of Muslims and told her “we will not be banning the burqa”.

Brandis’ speech has since had a mixed reception in Coalition circles. On the day, there was limited and hesitant applause from his own ranks.

In her attack on Brandis, Hanson invoked the Anzacs when she accused him of defending “the most recognised symbol of radical Islam”.

“Whether or not you agree with my decision to wear a burqa in parliament is not the real issue,” she said. “The real issue is that Australians want a debate on full-face coverings and they want a debate on the issues that the burqa raises.

“It is, after all, a sign of radical Islam, which threatens the true Australian way of life. What would our Anzacs say? They fought for our freedom and way of life. There is room for only one flag, one language, one loyalty and one law.

“Recently, the lives of precious Australians have been lost in Afghanistan, Iraq and Syria to stop radical Islam. But, senator Brandis, you forgot those lives when you defended the most recognised symbol of radical Islam, the burqa,” she said.

“You have a right to a view on my decision to wear the burqa into the Senate, but it is arrogant, incorrect and ill-informed when you presume to speak for most Australians,” Hanson said.

She said that all Brandis’ colleagues had “remained seated and stunned while you strutted the Senate stage with your quivering lip”.

Christensen said he thought Brandis had “over-egged” his reaction to Hanson. He said there had been criticism of Brandis’s speech among Coalition MPs, and the standing ovation had been “from people with values that are antipathetic to ours”.

He said the burqa was not a religious requirement but a “a cultural practice that is based in the oppression of women”.

Christensen said his motion talked “not about the burqa and the niqab specifically but full-facial coverings, so this would even apply to violent people that we have seen in the past violent protesters on the far left and the far right … who put the balaclavas over their nose and mouths to disguise themselves”.

The ConversationA ReachTEL poll taken after Hanson’s stunt found majority support for banning the burqa.

https://www.podbean.com/media/player/qi46m-71c69c?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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Coal and the Coalition: the policy knot that still won’t untie


Marc Hudson, University of Manchester

As the Turnbull government ties itself in yet more knots over the future of coal-fired power, it’s worth reflecting that climate and energy policy have been a bloody business for almost a decade now.

There was a brief period of consensus ushered in by John Howard’s belated realisation in 2006 that a price had to be put on carbon dioxide emissions. But by December 2009 the Nationals, and enough Liberals, had decided that this was a mistake, and have opposed explicit carbon pricing ever since.


Read more: Ten years of backflips over emissions trading leave climate policy in the lurch.


The resulting policy uncertainty has caused an investment drought which has contributed to higher energy prices. Now, with prices a hot potato, there are thought bubbles about extending the life of coal-fired power stations and a new effort to set up a Conservatives for Conservation group.

But the Liberal Party’s tussles over climate and energy policy (as distinct from denying the science itself) go back even further – some 30 years.

Early days and ‘early’ action

It’s hard to believe it now, but the Liberal Party took a stronger emissions target than Labor to the 1990 Federal election. Yet green-minded voters were not persuaded, and Labor squeaked home with their support. After that episode the Liberals largely gave on courting green voters, and under new leader John Hewson the party tacked right. Ironically, considering Hewson’s climate advocacy today, back then his Fightback! policy was as silent on climate change as it was on the price of birthday cakes.

In his excellent 2007 book High and Dry, former Liberal speech writer Guy Pearse recounts how in the mid-1990s he contacted the Australian Conservation Foundation, offering to to canvass Coalition MPs to “find the most promising areas of common ground” on which to work when the party returned to government. The ACF was “enthusiastic, if a little bemused at the novelty of a Liberal wanting to work with them”. Most Liberal MPs – including future environment minister Robert Hill and future prime minister Tony Abbott – were “strongly supportive” of the idea. But others (Pearse names Eric Abetz and Peter McGauran) were “paranoid that some kind of trap was being laid”. Nothing came of it.

Elected in 1996, Howard continued the staunch hostility to the United Nations climate negotiations that his Labor predecessor Paul Keating had begun. Not all businessmen were happy. Leading up to the crucial Kyoto summit in 1997, the Sydney Morning Herald reported how a “delegation of scientists and financiers” led by Howard’s local party branch manager Robert Vincin and Liberal Party grandee Sir John Carrick lobbied the prime minister to take a more progressive approach. Howard did not bend.

Howard stayed unmoved until 2006 when, facing a perfect storm of rising public climate awareness and spiralling poll numbers, he finally relented. Earlier that year a group of businesses convened by the Australian Conservation Foundation produced a report titled The Early Case for Business Action. “Early” is debatable, given that climate change had already been a political issue since 1988, but more saliently the report tentatively suggested introducing a carbon price. And Howard finally relented.

The carbon wars

The ensuing ten years after Kevin Rudd’s defeat of Howard don’t need much recapping here (go here for all the details). But one interesting phenomenon that has emerged from the policy wreckage is the emergence of some very unusual coalitions to beg for certainty.

In 2015, in the leadup to the crucial Paris climate talks, an “unprecedented alliance” of business, union, environmental, investor and welfare groups called the Australian Climate Roundtable sprang briefly into life to make the case for action.

Then, after the seminal South Australia blackout last September, a surprisingly diverse group of industry and consumer bodies – the Australian Energy Council, Australian Industry Group, Business Council of Australia, Clean Energy Council, Energy Users Association, Energy Consumers Australia, Energy Networks Association and Energy Efficiency Council – called on federal and state energy ministers to “work together to craft a cooperative and strategic response to the transformation underway in Australia’s energy system”.


Read more: Who tilts at windmills? Explaining hostility to renewables.


It’s in this light that the new Conseratives for Conservation lobbying effort should be seen. Its spearhead Kristina Photios surely knows she has no chance of converting the committed denialists, but she can chip away at the waverers currently giving them comfort and power.

Questions on notice

Of course, there are always cultural (or even psychological) issues, but you’d think that conservation would be a no-brainer for conservatives (the clue should be in the name).

There are a few questions, of course (with my answers in brackets).

  • Where were all the people who are now calling for policy certainty back in 2011 when Tony Abbott was declaring his oath to kill off the carbon tax? (They were AWOL.)

  • Will any business show any interest in building a new coal-fired power station? (No.)

  • Is renewable energy technology now advanced enough for them to make serious money? (We shall see.)

  • Can we make up for lost time in our emissions reductions? (No, and we have already ensured more climate misery than there would have been with genuinely early climate action.)

  • Will the Liberals further water down the Clean Energy Target proposal? (Probably.)

  • What will Tony Abbott say to UK climate sceptic think tank the Global Warming Policy Foundation when he gives a speech on October 6? (Who knows –
    grab your popcorn!).

  • What will happen to the Liberals in the medium term? (Who knows, but Michelle Grattan of this parish has some intriguing ideas.)

  • Are there reasons to be cheerful? (Renewable energy journalist Ketan Joshi thinks so.)

Perhaps the last word on this issue should go to John Hewson, who noted last year:

The ConversationThe “right” love to speak of the debt and deficit problem as a form of “intergenerational theft”, yet they fail to see the climate challenge in the same terms, even though the consequences of failing to address it substantively, and as a matter of urgency, would dwarf that of the debt problem. The “right” is simply “wrong”. It’s political opportunism of the worst sort, and their children and grandchildren will pay the price.

Marc Hudson, PhD Candidate, Sustainable Consumption Institute, University of Manchester

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

Newspoll 53-47 to Labor, but Turnbull’s better PM lead blows out


Adrian Beaumont, University of Melbourne

This week’s Newspoll, conducted 31 August to 3 September from a sample of 1610, gave Labor a 53-47 lead, a one point gain for the Coalition since last fortnight. Primary votes were 38% Labor (steady), 37% Coalition (up 2), 9% Greens (steady) and 8% One Nation (down 1). This is the Coalition’s 19th successive Newspoll loss under Turnbull.

There was little change in the leaders’ ratings. 34% approved of Turnbull’s performance (down 1) and 54% disapproved (down 1), for a net approval of -20. Shorten’s net approval was also steady at -20.

On the better PM measure, there was a solid shift in Turnbull’s favour, from a 43-33 lead last fortnight to 46-29 this week. While the Coalition has trailed consistently on voting intentions in Newspoll, Turnbull has led Shorten comfortably as better PM in all these polls.

The better PM measure virtually always skews towards incumbents relative to voting intentions, but Turnbull’s leads have been stronger than expected given voting intentions, and indicate that the public prefer Turnbull to run the country, even as voting intentions favour Labor. An argument can be made that Shorten is holding back Labor, but also that the Coalition is a drag on Turnbull.

According to Kevin Bonham, there have been seven previous cases of a greater better PM lead for the incumbent when the government was behind 53-47 or worse; all occurred with John Howard as PM and Kim Beazley as Opposition Leader from 2005-06.

In the last fortnight, there has been much debate about cultural issues, such as changing the date of Australia Day and amending statues from our colonial past. Turnbull has argued against such changes, and this appears to have boosted his better PM rating.

In this week’s Essential, voters opposed changing Australia Day by 54-26. In Newspoll, voters opposed making changes to the statues by a 58-32 margin, though in Essential opposition was milder at 42-29, perhaps because voters were asked about changing “inscriptions” on public statues, not the statues themselves.

In Newspoll, 45% thought Labor’s 50% renewable energy target would increase electricity prices, 22% decrease and 24% thought there would be no effect, so this is 46-45 for no effect or a decrease. 49% are not willing to pay anything for renewable energy (up 4 since February), 25% will pay $100 a year (down 1) and 13% $300 or more (down 4).

Essential 53-47 to Labor

This week’s Essential, conducted over the last two weeks from a sample of 1780, gave Labor an unchanged 53-47 lead. Primary votes were 37% Labor, 36% Coalition, 10% Greens, 8% One Nation and 2% Nick Xenophon Team. Last week, the Coalition was ahead 37-36 on primary votes, so rounding explains the lack of a headline move to Labor. Additional questions are based on one week’s sample.

Among those who say they will definitely vote in the same sex marriage plebiscite (62% of the sample), 69% will vote Yes and 28% will vote No (67-30 last fortnight). The overall sample supported Yes 59-31 (57-32 last fortnight).

49% blamed private power companies most for rising energy prices, 22% blamed the Turnbull government, 9% environmentalists and 5% renewable energy companies.

In last week’s Essential, voters were asked to rank the last four governments – the Rudd and Gillard Labor governments, and the Abbott and Turnbull Coalition governments. On first preferences, Rudd had 32%, Turnbull 26%, Gillard 22% and Abbott 20%. Labor and Greens voters preferred Rudd to Gillard, while Coalition voters preferred Turnbull to Abbott. Other voters, which included many One Nation supporters, had Abbott at 34% and Rudd at 30%. The Abbott government was the most disliked, with 37% ranking it last.

By 51-40, voters thought the tax system was not fair (55-36 in April 2016). Majorities were bothered a lot by some corporations and wealthy people not paying their fair share of tax.

By 41-40, voters thought dual citizens should be allowed to be MPs. By 41-40, they thought ministers who may hold dual citizenship should stand down while their cases are being decided by the High Court. By 59-25, voters supported a review into all MPs to ascertain who may be a dual citizen. In an additional Newspoll question last fortnight, voters thought politicians entitled to a dual citizenship should be disqualified by 44-43.

By 39-38, voters approved of Pauline Hanson’s burka stunt in Parliament. Kevin Bonham has said that Essential’s online panel appears to have attitudes that are closer to One Nation than a truly representative sample would produce. In effect, Essential may be biased towards non-politically correct responses. This bias may also apply to YouGov.

YouGov 50-50

This week’s Australian YouGov poll, conducted 31 August to 4 September from a sample of 1030, had a 50-50 tie, a one point gain for Labor since last fortnight. Primary votes were 34% Coalition (steady), 32% Labor (down 1), 12% Greens (up 2) 9% One Nation (down 1), 4% Nick Xenophon Team (down 1) and 3% Christian parties (down 1).

The major party primary votes are much lower than in other polls. Votes for Christian parties would probably be Coalition votes in other polls, and this explains why YouGov is skewed towards the Coalition.

Pauline Hanson had a 50-42 unfavourable rating (52-39 in late July). Nick Xenophon had a 52-28 favourable rating (50-25 in July). 66% were worried about North Korea, and views were split 43-43 on military action. Voters would oppose a ban on the hijab 61-29, but support a burka ban 67-24 and niqab ban 64-26.

By 62-24, voters thought Tony Abbott should be reprimanded after he admitted he had missed a vote in 2009 when he got drunk the night before.

State representation changes in the lower house

The ConversationI wrote on 30 June, following the release of 2016 Census data, that Victoria and the ACT will each gain a House seat, while SA will lose a seat, so there will be one additional House seat after the next election. On 31 August, the Electoral Commission confirmed this outcome, and will begin redistributions in the affected states. Labor will benefit from the new ACT seat.

Adrian Beaumont, Honorary Associate, School of Mathematics and Statistics, University of Melbourne

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

Newspoll 54-46 to Labor as Turnbull’s ratings fall back


Adrian Beaumont, University of Melbourne

This week’s Newspoll, conducted 17-20 August from a sample of 1770, has broken the string of six consecutive 53-47 leads for Labor. Labor had a 54-46 lead, a one point gain since last fortnight. Primary votes were 38% Labor (up 2), 35% Coalition (down 1), 9% Greens (down 2) and 9% One Nation (up 1). This is the Coalition’s 18th consecutive Newspoll loss under Turnbull; Abbott lost 30 in a row.

In last fortnight’s Newspoll, Turnbull had an eight-point improvement in his net approval, from -20 to -12. This improvement lasted only one Newspoll; in this Newspoll, 35% were satisfied with Turnbull’s performance (down 3), and 55% were dissatisfied (up 5), for a net approval of -20. Kevin Bonham says this is the ninth time in Newspoll history a PM has gained eight or more net approval points, then lost them all the next poll. Shorten also lost five points to fall to -20 net approval.

Last week, the media focus was on Deputy PM Barnaby Joyce’s discovery that he was a New Zealand citizen by descent, and may be ineligible to sit in Parliament. This revelation is damaging for the government as Joyce is a lower house MP. Labor can argue that the government’s one-seat majority is invalid until the High Court rules on Joyce.

One Nation’s slight increase may be a result of Pauline Hanson’s burka stunt last Thursday. Labor’s primary vote is its highest in Newspoll since November 2016, although Labor’s gains came at the Greens’ expense.

Essential’s questions below may explain why Labor has had a persistent poll lead. A majority of voters think their income has fallen behind the cost of living, with energy costs perceived to have increased a lot. The government receives very poor ratings for its handling of energy.

67% said they will definitely vote in the same sex marriage voluntary postal plebiscite. Among definite voters, 67% supported same sex marriage, and 31% were opposed (63-30 for the whole sample). By 49-43, voters were in favour of the postal plebiscite, and by 62-18 they supported guarantees for freedom of conscience, belief and religion.

Australia does not usually use voluntary voting, so our pollsters have no experience at estimating likelihood to vote. Even in countries with voluntary voting, pollsters sometimes mess up their turnout filters, and have had big misses of the actual results.

Newspoll’s age breakdowns show young people are least likely to be definite voters, and that same sex marriage support is highest for young people. It is odd that definite voters support same sex marriage more than the overall sample; this is explained by greater enthusiasm to vote among same sex marriage supporters.

In last fortnight’s Newspoll, voters supported an Australian republic by 51-38, almost the same as in January 2016 (51-37). If Prince Charles becomes King, voters would favour an Australian republic 55-34, the same as in January 2016.

Essential 53-47 to Labor

This week’s Essential, conducted over the last two weeks from a sample of 1820, gave Labor a 53-47 lead, a one point gain for the Coalition since last fortnight. Primary votes were 37% Coalition, 37% Labor, 9% Greens, 8% One Nation and 3% Nick Xenophon Team. Labor’s primary vote is down two as a pro-Labor sample from last fortnight washes out. Additional questions are based on one week’s sample.

74% of same sex marriage supporters say they will definitely vote in the postal plebiscite, compared to 58% of opponents. Among the 63% “definite voters”, 67% will vote for same sex marriage, and 30% against (57-32 for the overall sample). By 49-39, voters disapproved of the postal plebiscite.

52% thought terrorism the biggest threat to global stability (up 3 since April), followed by 14% for North Korea aggression (not asked in April), 13% climate change (up 2) and 9% US aggression (down 6, presumably due to North Korea’s inclusion).

By 38-35, voters thought Australia should not commit military support to the US if it became involved in a war with North Korea. By 61-22, voters thought a declaration of war should be voted on by Parliament, not decided by the PM alone.

Last week, Essential asked whether the Coalition is handling various issues well or poorly. With the exceptions of terrorism (a net +30) and the economy (net +3), the Coalition had negative ratings on the 12 issues surveyed. At the bottom were the NBN (net -28) and providing affordable and reliable energy (net -34). 59% thought they were paying a lot more for electricity and gas than two or three years ago, with insurance the next highest on 31%.

33% thought the top marginal tax rate of 47% on earnings over $180,000 per year was too high, 12% too low and 39% about right. 47% disapproved of the postal plebiscite and 39% approved, a shift from 43-38 approval a fortnight ago, though the question wording was different.

53% thought their household’s income had fallen behind the cost of living, 25% said it had stayed even and 15% that it had gone up more.

YouGov 51-49 to Coalition

This week’s Australian YouGov, conducted 17-21 August from a sample of 1010, had the Coalition ahead by 51-49, a one point gain for the Coalition since last fortnight. Primary votes were 34% Coalition (steady), 33% Labor (up 1), 10% Greens (down 1), and 10% One Nation (up 1).

By previous election preferences, this poll would give Labor 52 or 53 percent two party. YouGov is recording low major party primaries compared to other polls, and an excessive respondent allocated skew to the Coalition.

By 45-38, voters thought Barnaby Joyce should step aside while the High Court considers his case. It is not clear whether voters thought Joyce should “step aside” from Cabinet or from voting in the lower house.

Upcoming High Court decisions

On 5-6 September, the Australian High Court will hold a full bench hearing on whether the postal plebiscite, which the government authorised without Senate approval, is constitutional. With ballot papers scheduled to be mailed out from 12 September, a decision will probably be announced soon after this hearing.

In the coming months, the High Court will decide whether Greens Senators Larissa Waters and Scott Ludlam, One Nation Senator Malcolm Roberts, Nationals Senators Matt Canavan and Fiona Nash, Senator Nick Xenophon, and Deputy PM Barnaby Joyce were ineligible to be elected, owing to violations of Section 44(i) of the Constitution, pertaining to dual citizenships.

While the media have been focused on the dual citizenship issue, Labor is also challenging Nationals House member David Gillespie over Section 44(v), pertaining to a conflict of interest with the Commonwealth public service. Nationals Senator Barry O’Sullivan could also be challenged under this clause.

The ConversationIf the Senators are ruled ineligible, their positions will be filled from their parties’ tickets after a special recount. If either or both Joyce and Gillespie are found ineligible, there would be by-elections in their seats of New England and Lyne respectively, putting the Coalition’s one-seat lower house majority at risk.

Adrian Beaumont, Honorary Associate, School of Mathematics and Statistics, University of Melbourne

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

Coalition position worsens in Newspoll to trail 46-54%


Michelle Grattan, University of Canberra

The government has lost further ground in Newspoll, now trailing Labor 46-54% in two-party terms, in the wake of the crisis over citizenship.

This is the 18th consecutive Newspoll in which the government has been behind. The two-party fall comes after several polls in which the Coalition trailed 47-53%.

The early part of the poll fortnight was dominated by the issue of the postal vote on same-sex marriage. Then the declaration of Deputy Prime Minister Barnaby Joyce that he had been informed he was a New Zealand citizen began a horror week for the government which ended with Fiona Nash, the deputy Nationals leader, announcing she had British citizenship.

Labor increased its primary vote by two points to 38%, while the Coalition fell one point to 35%. One Nation rose one point to 9%, equal with the Greens, who lost two points over the fortnight.

Malcolm Turnbull’s net satisfaction rating has plunged from minus 12 to minus 20 in the poll, published in Monday’s Australian. Bill Shorten’s net satisfaction also took a hit, deteriorating from minus 15 to minus 20.

Turnbull still has a significant lead as better prime minister – 43-33% – although the gap narrowed from the previous 46-31%.

The poll contains encouraging news for the “yes” case in the postal ballot, with 63% saying they would vote yes to the plebiscite question, compared with 30% who would vote no. More than two-thirds of people (67%) said they definitely intended to vote; another 15% said they probably would.

Nearly half (49%) said they were in favour of the postal plebiscite while 43% were opposed.

Asked whether parliament should provide guarantees in law for freedom of conscience, belief and religion if it legislated for same-sex marriage, 62% said yes and 18% said no.

The support for same sex marriage is strongest among younger voters, with 70% of those aged 18-34 in favour. It is lowest among those aged over 65, with only 49% supporting it.

The ConversationThe poll was of 1,675 people and taken between Thursday and Sunday.

https://www.podbean.com/media/player/8ppnw-6fcd65?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.

If High Court decides against ministers with dual citizenship, could their decisions in office be challenged?



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It’d be better for ministers like Barnaby Joyce to have any potentially contentious decisions made by an acting minister until their citizenship issues are resolved.
AAP/Mick Tsikas

Anne Twomey, University of Sydney

What would happen if the High Court found that ministers Barnaby Joyce, Fiona Nash and Matthew Canavan had not been validly elected at the last federal election in July 2016?

In the case of the senators (Nash and Canavan), the High Court, sitting as the Court of Disputed Returns, would most likely order a special recount of the votes, as it did in relation to senators Bob Day and Rod Culleton, with the seat then most likely going to the next person on the Coalition ticket.

This may disrupt the balance between the National Party and the Liberal Party in the Senate, as those most likely to replace the two National Party senators would be from the Liberal Party.

Joyce’s seat, being in the lower house, would most likely go to a byelection, as previously occurred in the cases of Jackie Kelly and Phil Cleary. Like Kelly and Cleary, Joyce could stand for his seat at the byelection, as he has now renounced his New Zealand citizenship.

A bigger question arises, however, as to the validity of decisions that they made as ministers since the last election. If they were not validly elected in July 2016, then Section 64 of the Constitution becomes relevant. It says:

… no minister of state shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.

That three months ran out a long time ago. So, for a considerable time they would have been exercising powers conferred upon ministers by statute, without actually being ministers. Were those decisions valid? Could they be challenged?

This brings into play the “de-facto officer” doctrine. This is a common law doctrine that protects people who rely on acts done in the apparent execution of their office by an officer who appears to be “clothed with official authority”, even though they may not validly hold that office.

It is not aimed at protecting those who invalidly exercise power, but rather those who rely in good faith on the apparent authority of those who publicly exercise power. The doctrine is also relied on to give certainty concerning the validity of acts of persons whose appointment or election may later be challenged.

The public policy behind the doctrine is to avoid the chaos that would ensue if decisions of public officials were automatically rendered invalid because of a later discovered defect in their election or appointment. For example, the decisions of a Western Australian magistrate were upheld, even though they were taken after she had reached the compulsory age for retirement.

The application of the doctrine, however, is uncertain. It does not necessarily apply to all decisions of an invalidly appointed officer, and therefore is likely to lead to litigation if decisions are contentious.

Its application has also been doubted in relation to matters that concern a breach of the Constitution. For example, High Court Justice Michael Kirby observed in a 2006 case about the constitutional validity of acting judges that:

It is difficult to reconcile the [de facto officer] doctrine with the fundamental role of the federal Constitution as the ultimate source of other laws. Constitutional rulings can occasionally be unsettling, at least for a period. However, this is inherent in the arrangements of a nation that lives by the rule of law and accords a special status to the federal Constitution as its fundamental law.

Moreover, the doctrine ceases to protect the actions of the purported official at the point when they lose the cloak of authority, such as when the validity of their appointment is contested, or their lack of qualification to hold office is “notorious”.

It is quite possible that point arises when, in the case of a Commonwealth minister, they admit to being a dual national and refer to the High Court the question of their qualification to sit in the parliament, especially if the invalidity to hold parliamentary office exceeds three months.

For this reason, it would be prudent for those ministers who are currently under a cloud concerning their lawful occupation of office to cease to make decisions which are contentious or might give rise to legal challenges with significant consequences.

The ConversationInstead, such actions, if they need to be taken before the question of the status of these ministers is resolved by the High Court, could be taken by acting ministers to ensure their validity and avoid the financial and social costs of further litigation and uncertainty.

Anne Twomey, Professor of Constitutional Law, University of Sydney

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

Grattan on Friday: Malcolm Turnbull’s government has finally defied fiction



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With the eligibility of the Nationals’ leadership under question, Malcolm Turnbull has had a nightmarish week.
Mick Tsikas/AAP

Michelle Grattan, University of Canberra

In a week belonging more appropriately to Shaun Micallef comedy than parliamentary reality, it’s arguable Pauline Hanson’s burqa stunt wasn’t the most extraordinary thing that happened in Canberra.

Hanson has extreme beliefs and therefore it mightn’t be so surprising – though it is appalling – that she’s willing to use the parliament as a stage for extremely bad behaviour.

In donning the burqa purchased on eBay and entering the Senate chamber, she was as attention-seeking as the streaker who races naked across the football ground, though her motive was darker. Let’s call out her action, but not play into her cynical pursuit of mega publicity.

Entirely beyond imagination was the week being bookended by the Nationals leader, Barnaby Joyce, and his deputy, senator Fiona Nash, standing up in their respective houses to announce they were dual citizens (he a Kiwi, she a Brit).

Joyce and Nash are remaining in cabinet – unlike their Nationals colleague Matt Canavan – and in their leadership roles while the High Court determines the fate of all three, among the batch of cases involving dual citizenship. At issue is their eligibility under the Constitution’s Section 44, which bans dual nationals standing for parliament.

Australian Conservatives’ senator Cory Bernardi, formerly a Liberal, suggested on Thursday that parliament should be prorogued – that is, suspended – until citizenship questions and any subsequent byelections are sorted.

But suspending parliament would disrupt the normal course of government business, delaying legislation and, crucially in political terms, signalling panic.

Joyce continues to participate in parliamentary votes, so the government retains its one-seat majority in the House of Representatives. By its own lights, what credible story could it advance to put parliament on hold? It would look the ultimate in desperation.

There is no doubt the Joyce affair presented the government with a crisis. It then became a matter of management and this was seriously bungled.

Once it took the decision to keep Joyce in cabinet and in the deputy prime ministership, the government was always destined to be vulnerable to a ferocious Labor attack.

But its shock and awe response, with the absurd notion of a “treacherous” Bill Shorten and a Labor conspiracy across the Tasman with New Zealand Labour, was deluded from the start.

First, it was a try-on. Both Labor here and Labour in NZ were somewhat apologetic for their roles in the affair, understandable at least for NZ Labour which is facing an election. But what exactly was the wrongdoing by Labor here? Is there anything inherently “treacherous” about a Labor staffer using contacts to check in NZ who is eligible to be a citizen of that country?

Second the tactic, played in stereo, opened the government to ridicule. In particular, her exaggerated performance raised questions about the judgement of the usually astute Foreign Minister Julie Bishop, just days after a laudatory article had asked why she wasn’t mentioned more often as a possible future leader.

Although the circumstances are different, the hyperbolic accusation of “treachery” carries a remote echo from Turnbull’s book The Spy Catcher Trial, about the British government’s attempt to stop the Australian publication of a book by a former UK intelligence officer.

Turnbull, whose successful appearance in the high profile case gave an early boost to his reputation, wrote that then UK opposition leader Neil Kinnock – whom he pressed to “humiliate” the UK attorney-general in the British parliament – “was vigorously attacked in the House of Commons for ‘treacherous’ conduct”, in discussing the case with him.

If Turnbull were prone to bad dreams, his nightmares for the next few months would go something like this.

The government would lose the High Court case challenging the postal ballot on same-sex marriage, or win it and the ballot would return a “no” result.

It would lose Joyce’s citizenship case – and Nash and Canavan would be knocked out as well.

It would then lose the byelection in Joyce’s New England seat, with goodness knows what consequences in the resulting hung parliament.

Oh, and there would be a bruising battle within the government over energy policy, resulting in a much-criticised, wishy-washy outcome that gave no certainty for future investment.

But Turnbull is an optimist, or so he always tells us, and he’ll be looking at how things could all work out for the best in the best of worlds.

He’s predicted in the most unequivocal terms that Joyce will be vindicated in the High Court.

If things went well, the postal vote would sail through the legal challenge, and return a yes vote by a convincing margin with a substantial turnout, making the ballot beyond reasonable reproach, whatever the gripes of the losers. That would lead to parliament changing the law to deliver same-sex marriage by Christmas.

Energy policy would be hard fought within the government’s ranks, but the resulting compromise would be one that was seen as credible and welcomed by business.

The optimistic scenario – we might as well include in it at least one 50-50 Newspoll – would leave the government with a hope of regrouping, after an end-of-year ministerial reshuffle.

Which scenario, or what mixture of them, will come to pass is unforeseeable. But given how life goes for this government, some might regard the prospects for anything like the optimistic one as being in near-miracle territory.

Meanwhile, things are presently so grim they recall vividly some of the blackest times of the Gillard government.

Monday’s Joyce bombshell drove the same-sex marriage battle somewhat into the background, while both sides gear up for intense campaigns and questions remain about the postal ballot.

One of these is, I think, particularly interesting – that is, the argument that the result won’t be a true one because young people especially will be under-represented. The young are, collectively, more in favour of same-sex marriage than older people but less likely to be on the roll, to have a fixed address, or to be familiar with the post.

While this is a problem, I will be a bit contrarian. I think this both demeans the young and lets them off too lightly. They are supposed to enrol for elections anyway; if they have a view on the marriage issue there is both the incentive and opportunity to do so for this ballot.

A week is left – the rolls close August 24. The mobility challenge applies for general elections – it’s a hassle, but not insurmountable.

As for not using the post – well, that is like saying older people weren’t brought up with computers. Sorry, but one has to move with the times – even if, in this case, it’s moving backwards.

Young people are highly savvy with technology – I just don’t accept they can’t come to grips with posting a letter. If in doubt, they can always ask their grandmothers.

The ConversationThe nation is considering an important social issue – young Australians should get on the roll and vote.

Michelle Grattan, Professorial Fellow, University of Canberra

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

Newspoll 53-47 to Labor, but respondent preferences better for Coalition


Adrian Beaumont, University of Melbourne

This week’s Newspoll, conducted Thursday to Sunday from a sample of 1680, gave Labor its fifth consecutive 53-47 lead. Primary votes were 37% Labor (up 1 since last fortnight’s Newspoll), 36% Coalition (up 1), 9% Greens (down 1) and 9% One Nation (down 2). This is the Coalition’s 16th consecutive Newspoll loss with Turnbull as PM.

34% were satisfied with Turnbull’s performance (up 2) and 54% were dissatisfied (down 2), for a net approval of -20, up four points. Shorten’s net approval was unchanged at -20.

The biggest political news last week was Peter Dutton’s appointment to head the new home affairs “super ministry”. Turnbull’s ratings and the Coalition’s primary vote may have improved as a result of the hard right’s approval of Dutton. Progressives detest Dutton, but people who do not follow politics are unlikely to have formed an opinion of Dutton yet. Turnbull has already lost politically engaged progressives.

Essential this week found strong approval of the new super ministry, but concern that Dutton was responsible for the various security services.

The Greens have lost one point, but can consider themselves fortunate not to have lost more after a shocking five days in which Scott Ludlam and Larissa Waters resigned from the Senate after finding they had unwittingly violated Section 44 of the Constitution.

Resources minister Matt Canavan today became the latest victim of the dual citizenship fiasco. He has resigned from Cabinet, but not yet from the Senate, after finding he has Italian citizenship. If the courts rule him out, Canavan will be replaced by Joanna Lindgren, the No. 6 on the Queensland LNP ticket.

While Labor has comfortably led in all Newspolls since the beginning of the year, Newspoll uses the previous election method to distribute preferences. Respondent allocated polling from ReachTEL shows a reduction in Labor’s lead. It is likely that most hard right voters who have deserted the Coalition will return after preferences.

At the 2016 election, One Nation preferences split nearly 50-50 between the major parties. As some of the hard right has defected to One Nation, its preferences will probably be more favourable to the Coalition at the next election, provided that Turnbull is still PM.

This week’s additional Newspoll questions concerned Tony Abbott. By 58-23, voters thought Turnbull had the best leadership credentials compared with Abbott. Coalition voters backed Turnbull by 69-23, with Abbott ahead 44-34 only with One Nation voters.

48% thought Abbott should remain a backbencher and shut up, 23% thought he should be given a senior Cabinet position, and 17% thought Abbott should remain a backbencher but not shut up.

ReachTEL: 51-49 to Labor

A Sky News ReachTEL poll, conducted 19 July from a sample presumably about 2300, gave Labor a narrow 51-49 lead, a one point gain for the Coalition since the previous Sky News ReachTEL, in late June.

The primary vote figures included 9% “undecided”, but ReachTEL asks these people which way they are leaning. However, the preferences of these leaners were not included. If these 9% undecided are excluded, primary votes are 37% Labor, 36% Coalition, 12% One Nation and 9% Greens. Applying 2016 preference flows would give a 53-47 Labor lead. The Coalition is benefiting from respondent allocated preferences, hence the narrower headline Labor lead.

Turnbull led Shorten by 54.5-45.5 as preferred PM, up from 54-46. Better PM polling without a forced choice favours incumbents, and a forced choice usually gives opposition leaders a better result.

In other findings, 75% favoured renewable energy over coal. 56% nominated power and gas prices as the biggest cost of living expenses, with other expenses at 16% or below. 47% supported a Constitutional change to create an indigenous advisory body, with 29% opposed.

Essential: 53-47 to Labor

This week’s Essential had the Coalition regaining the point they lost a fortnight ago, for a 53-47 Labor lead. Primary votes were 38% Coalition, 37% Labor, 10% Greens, 7% One Nation and 4% Nick Xenophon Team; the Coalition has gained two points since last fortnight. Essential used a two-week sample of 1800; additional questions are based on one week’s sample.

56% approved of the new national security ministry, and just 18% disapproved. 45% thought it would strengthen Australia’s national security, 28% thought it would make little difference and just 8% thought our national security would be weakened. 45% were concerned that Dutton would have responsibility for the various security services, and 35% were not concerned.

By 64-10, voters supported a clean energy target, requiring a set percentage of energy to be generated from clean sources. By 54-15, voters supported an emissions intensity scheme, where pollution over a certain level is taxed.

40% said they were connected to the National Broadband Network either at home or work. Of those who had an NBN connection, 48% thought it was better than their previous Internet service, and 22% thought it was worse.

Tasmanian ReachTEL: 43.0% Liberal, 32.9% Labor, 13.4% Greens

A Taxmanian ReachTEL poll, conducted 21 July from a sample of 2820, gave the Liberals 43.0% (down 8.2 points since the 2014 election), Labor 32.9% (up 5.6) and the Greens 13.4% (down 0.4). The next Tasmanian election is likely to be held in March 2018.

Tasmania uses the Hare Clark system with five 5-member electorates. In 2014 the Liberals won 15 of the 25 seats, to 7 for Labor and 3 for the Greens. The Liberals won 4 seats in Braddon, 2 in Denison and 3 in Bass, Franklin and Lyons. On current polling, the Liberals are likely to lose a seat in both Braddon and Franklin, and the final seat in Lyons will decide whether the Liberals cling to a majority.

After adjustment for bias towards the Greens and against Labor, Kevin Bonham interprets this poll as 43.0% Liberal, 36.7% Labor and 10.7% Greens. If the adjusted figures are replicated in Lyons, there would be a three-way race between the Liberals, Greens and Labor for the final seat.

The ConversationOverall, Bonham thinks the most likely outcome using this poll is 12 Liberals, 10 Labor, 3 Greens, but his Tasmanian poll aggregate has the Liberals ahead in Lyons, and thus more likely to win a majority.

Adrian Beaumont, Honorary Associate, School of Mathematics and Statistics, University of Melbourne

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

Abbott scores big win on party reform as Coalition continues to trail in Newspoll


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Tony Abbott’s ‘Warringah motion’ for party reform was passed by 748 votes to 476.
Daniel Munoz/AAP

Michelle Grattan, University of Canberra

The Abbott forces are seeking to drive home their sweeping Sunday victory in winning rank-and-file endorsement for reforming the New South Wales Liberal Party by putting a three-month deadline on the changes being ratified.

A special convention of party members voted overwhelmingly for motions from the former prime minister’s Warringah federal electorate conference (FEC) backing plebiscites for preselecting all candidates and direct election by the party members of those who run the party organisation.

This comes as the latest Newspoll, published in The Australian, shows the Coalition continuing to trail Labor 47-53% in two-party terms. This is the 16th consecutive Newspoll in which the government has been behind.

The Coalition’s primary vote rose one point to 36%, while Labor also rose one point, to 37%. One Nation slipped from 11% to 9%; the Greens fell from 10% to 9% since the last poll a fortnight ago.

Malcolm Turnbull’s net satisfaction improved four points to minus 20; Bill Shorten’s net satisfaction was static on minus 20. Turnbull widened his lead as better prime minister from eight points to 11 points.

At the convention of NSW Liberal Party members, the plebiscite motion was passed by 748 votes to 476, and the accompanying motion by a two-to-one margin.

The endorsement of the “Warringah” model is a huge challenge to the factional grip of the state division held by the moderates and soft right.

The changes would likely see the division move to the right, in line with the political colour of its rank-and-file, and make it harder for moderates to win preselections.

But the reforms have to be approved by the state council before they take effect. Given the majorities on the key votes were so decisive, and backing crossed factional lines, it would be hard for the current powerbrokers to resist the general thrust. But there could be a struggle ahead over timing and detail.

Walter Villatora, president of the Warringah FEC, said after the two-day meeting: “These reforms now need to be ratified, which I expect will happen within three months.”

“Somewhere up above in Liberal Party heaven Robert Menzies is looking down and smiling. The party membership have clearly spoken. The era of brutal factionalism is over,” he said. “The NSW Liberal Party is now the most democratic division in Australia.”

But a statement by state president Kent Johns suggested there would not be any rush. “The convention result reflected the members’ desire to reform some of our organisation’s internal processes, and serves as a clear demonstration of participation by our membership,” he said.

“Members showed their support for introducing a plebiscite model to ensure that the NSW Liberal Party continues to preselect the best candidates …

“Discussions at the convention will inform the development of the party’s modernisation plan, which will be prepared by me and the state director, Chris Stone. Constitutional amendments will be prepared over the coming months by our constitutional committee, and proceed to the party’s governing body – state council.”

Turnbull positioned himself carefully in his address to the convention on Saturday so as not to be caught in the firing line if the Abbott push won.

He stressed his support for plebiscites, saying every member should have a say in selecting candidates. It was widely believed, however, that he would have preferred a more circumscribed model.

But the convention voted down or didn’t reach motions attempting to impose some restrictions. These included having a longer eligibility period and an “activity test” before members could vote, and the grandfathering of electorates with sitting members.

In the Warringah model the only condition on party members voting in the plebiscites would be that they must have been a member for two years.

The present preselection system has candidates chosen by panels comprising local delegates and non-local members.

Neither Turnbull nor premier Gladys Berejiklian were at the convention when the vote was taken.

Later a spokeswoman for Turnbull said that as the prime minister had said at the convention: “He has long supported that all Liberal Party members have a direct say in preselections. The PM wants to ensure that every member of the party knows that their voice is heard and respected.

“The PM made it clear yesterday that plebiscites for preselections are a good idea, but hardly a new one. Every other Liberal party division has adopted them,” she said.

Abbott emailed members in his electorate: “This is a great advance for our party – and it would not have happened without the hard work of the Warringah conference led by our president, Walter Villatora.

“There’s more to do, of course. Democratisation now has to run the gauntlet of state council; but this is potentially a wonderful new start for our party. A revitalised, less factionalised party will be really important to winning the next election.

The Conversation“This is a big ‘thank you’ to all Warringah Liberals. Let’s now do our best to build on this success.”

Michelle Grattan, Professorial Fellow, University of Canberra

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

Turnbull loses 15th successive Newspoll, 53-47. UK Labour doubles support in YouGov since April


Adrian Beaumont, University of Melbourne

This week’s Newspoll, conducted 6-9 July from a sample of 1600, gave Labor its fourth consecutive 53-47 lead. Primary votes were 36% Labor (down 1 from three weeks ago), 35% Coalition (down 1), 11% One Nation (steady) and 10% Greens (up 1). Primary vote shifts suggests some movement to Labor after preferences, but not enough to change the headline figure.

32% were satisfied with Turnbull’s performance (steady) and 56% were dissatisfied (up 1), for a net approval of -24. Shorten’s net approval was -20, up three points.

Over the last three months, Turnbull has been more centrist, alienating the right wing of his party. Since Newspoll uses the previous election’s results for its preference flows, it may be overstating Labor’s lead. As I wrote here, respondent allocated polling from ReachTEL and YouGov implies that the hard right voters who have left the Coalition will return after preferences.

This is the 15th consecutive Newspoll loss for the Coalition under Turnbull, so he is halfway to Tony Abbott’s 30 successive losses when he was dumped. If the string of Newspoll losses continues, Turnbull is likely to be dumped before the end of the year.

If Turnbull is replaced by a more right-wing Liberal leader before the next election, hard right voters would return to the Coalition, but they would lose some centrist voters, and preferences would probably be more favourable to Labor.

Since the dispute between NSW Greens Senator Lee Rhiannon and the rest of her parliamentary party, the Greens have gained a point in both Newspoll and Essential. The Greens could be attracting some Labor voters who would prefer a genuine socialist.

In an additional Newspoll question, 46% favoured a plebiscite to resolve the same sex marriage issue, and 39% favoured a parliamentary vote. The results have been compared with a September 2016 poll (48-39 in favour of the parliamentary vote). However, this comparison is misleading since the previous poll asked about a plebiscite in February 2017, which some might object to even if they supported a plebiscite.

Kevin Bonham has written about the large differences between the pollsters on whether same sex marriage should be decided by a plebiscite or a parliamentary vote. He concludes that all polling on this issue has problems.

According to Kevin Bonham, this year there have been six 3-week breaks between Newspolls, and two 2-week breaks. In previous years that did not have an election, Newspoll was usually published once a fortnight. In general, there has been a pullback in media-commissioned polling this year, with just two Fairfax Ipsos polls and one Channel 7 ReachTEL, although two Sky News ReachTELs have been released.

Essential at 54-46 to Labor

In this week’s Essential, Labor led by 54-46, a one point gain for Labor since last week and a two point gain since last fortnight. Primary votes were 36% Labor, 36% Coalition, 11% Greens, 7% One Nation and 3% Nick Xenophon Team; the Coalition has lost three points since last fortnight. Essential used a two-week sample of 1830, with additional questions based on one week.

Turnbull’s net approval was -12, down three points since June. Shorten’s net approval was -8, up one point.

64% had at least some trust in security agencies to store personal data, while 32% had little or no trust. For the government, this was 52-43 in favour of little trust, and for telecommunications companies 67-29.

ReachTEL polls of ministers’ seats

The left-wing Australia Institute commissioned ReachTEL polls of seven Federal ministers’ seats on 8 June, with samples of 620-700 per seat. Results and swings from the last election can be seen on GhostWhoVotes’ Twitter feed.

Overall, these are good results for Labor with 2-7 point swings against the government in five of the seven seats. The exceptions are Christopher Pyne’s Sturt (no swing) and Peter Dutton’s Dickson (a four point swing to the Coalition). Individual seat polling has been far less accurate than national or state polling at recent elections.

In seats where One Nation had a high vote, respondent allocated preferences favoured the Coalition. In Scott Morrison’s Cook (One Nation at 18%), minor party preferences favoured Morrison 64-36. In Dickson, One Nation had 15.7% and minor party preferences favoured Labor by just 52-48 despite the Greens holding 10.5%.

In April, UK Labour had 23%, now they have 46% according to YouGov

In mid-April, just before PM Theresa May called the 8 June election, the Conservatives led Labour by 44-23 in YouGov. After the election was announced, the Conservative lead stretched to 48-24.

A YouGov poll taken last week gave Labour a 46-38 lead, representing a doubling of Labour’s vote share since April. Labour’s 46% share is its highest in YouGov’s history, which started its voting intention surveys in 2003.

The ConversationOther polls are not so strong for Labour as YouGov, but Labour has led in most polls conducted since the election. By being reduced to a minority government, the Conservatives have lost much authority, and their deal with the Democratic Unionist Party will not go down well with the UK outside Northern Ireland. Divisions within the Conservatives over austerity and Brexit are unlikely to help.

Adrian Beaumont, Honorary Associate, School of Mathematics and Statistics, University of Melbourne

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