Showing posts sorted by relevance for query Haneef. Sort by date Show all posts
Showing posts sorted by relevance for query Haneef. Sort by date Show all posts

Tuesday, September 02, 2008

The wheels continue to come off the Haneef case

I find myself in an odd position after the latest revelations in the Haneef matter.

First we had ASIO (the Australian Security Intelligence Organisation). I quote from the Sydney Herald report:

In a damning submission to the Clarke inquiry into the handling of the case, the head of the country's main intelligence agency said it told the government there were no grounds to believe Dr Haneef was linked to, or even knew about, the botched June car bombings.

Then in quick time we had the Australian Federal Police (AFP) statement that Dr Haneef was no longer a person of interest.

The two together have unleashed a wave of criticism of AFP Commissioner Keelty, including calls for his resignation. This is where I find myself in the odd position.

The crux of my original complaints about the handling of the Haneef matter (links at the end of the post) lay in what I saw as failures in process, compassion and common sense. These held independent of the evidence in the case - here the position was still uncertain.

I now have to apply the same test to Mr Keelty in the face of the attacks upon him. It may be that the calls for his resignation are justified. But let's wait here until we have the results of the current inquiry. The current rush to judgement is not dissimilar in some ways to the process originally applied to Dr Haneef.

In all this, what the evidence is now drawing out is something that I have complained about for some time, the failures in due process under the Howard Government. Here I am using the words "due process" not in the formal legal sense, but as a descriptor of administrative processes under Mr Howard's Government.

In looking at the reports on ASIO attitudes, I was struck by the fact that Minister Andrews does not appear to have been informed of ASIO's views.

I have no reason to doubt Mr Andrew's position here. However, it opens a can of worms because we have to ask why Mr Andrews was not so informed. Yes, Mr Andrews was an accident prone Minister. Still, it was the responsibility of his advisers - political, agency and departmental - to ensure that the Minister was informed.

Unfortunately we have seen this problem before. Children Overboard comes to mind.

Returning to my opening theme, let's wait for the report of the Haneef inquiry before we form final views.

The Haneef related posts

Monday, July 30, 2007

Haneef Case: a failure in compassion - and common sense

I have said little on the case of Dr Haneef, largely because the issue was being well discussed elsewhere and there was little that I could add. Now I feel the need to add a couple of points.

The first was the apparent failure of the Royal Australasian College of Physicians and indeed the medical profession more broadly defined to become involved in any way. Dr Haneef was a registrar and, I think, a member of the RACP's specialist training program. If this is true, I would have thought that the College would have a particular interest in the matter.

More broadly, the AMA did release a statement. This was limited and focused on the damage that was being done to our capacity to attract overseas trained doctors. So, and I may be unfair here, it seems to me that the two professional bodies with a direct interest in the matter failed to play any active role.

In saying this, I am not saying that they should have taken Dr Haneef's side in terms of innocence or guilt. I am saying that I think that they should have taken a more active interest in the process being applied.

As I see it, the Haneef case was first and foremost a failure in process. I am not referring just to the evolving fiasco of the charge itself, but to what I see as a more fundamental failure of compassion, common sense and plain good manners.

The matter began well enough in that both officials and ministers emphasised that those being questioned and especially Dr Haneef were entitled to the presumption of innocence. But then things started going off the rails as the media feeding frenzy increased. The presumption of innocence became lost in the noise and the apparent adoption of increasingly partisan positions.

I accept that this was a complex investigation. I accept that the apparent links to the UK bombings created reasonable suspicions that needed to be investigated. But think how much better off we would all have been if the heat had been kept out of the matter.

Consider this. What would have happened if from the beginning Mr Kelty had taken the public more into his confidence, explaining some of the complexities involved? What would have happened if he and relevant minsters had kept emphasising the presumption of innocence, had displayed a degree of humanity? I suspect that a lot of the heat would have gone from the process.

All this could have been done without affecting the investigation. Yet it was not. Take the case of Dr Haneef's flat. Obviously this had to be searched. Yet did it have to be left trashed? Surely with the presumption of innocence, the police also had a responsibility to see it tidied up?

The decision by Minister Andrews to revoke Dr Haneef's visa astonished me at the time. I had to assume that there was a lot more to come. It seems clear that we may never know this. In the meantime, I am left with the impression of a continuing mess.

Note that in all this I have made no comment on Dr Haneef's own position.

My focus is on an Australian process that has further damaged trust in the Government and the system, failed to achieve any tangible outcomes, created tensions between Australian and British authorities and damaged Australia's international reputation. All this could have been avoided with a better focus on process, a little compassion and a dash of old-fashioned manners.

I do not exempt Mr Rudd from this criticism. In his desire to play bib to Mr Howard's bub, he took Labor out of the equation. It would have been perfectly appropriate for him to make a few simple process comments, like the need to preserve the presumption of innocence, without in any way detracting from the need to protect Australia's national interest.

It seems clear that many Australians still support the argument that Mr Howard puts forward. But even the Government's strongest supporters will admit to a degree of discomfort at the though that it might all happen to them.

Postscript

As I write this, Minister Andrews is releasing some material on the Haneef issue. Note that I was very careful not to comment on the content of the case. I will review the material, but on the media details so far I see no reason to alter my process conclusions.

Thursday, March 13, 2008

Judicial Inquiry into the Haneef case

I was very pleased to hear that the Federal Government has announced details of a judicial inquiry into the Mohamed Haneef affair. You will find details here.

Attorney-General Robert McClelland said the inquiry, to be conducted by former NSW Supreme Court judge John Clarke, QC, would report by September 30.

Just to remind you of the details, Dr Haneef, an Indian-born doctor working at the Gold Coast Hospital, was kept in custody for 12 days last year before being charged with terrorism-related offences.

He was accused of having links with terrorists involved in bomb plots in Britain, including his second cousin, Sabeel Ahmed.

Former immigration minister Kevin Andrews revoked Dr Haneef's visa just hours after the doctor was granted bail on a charge of providing reckless support to a terrorist organisation. The case against him collapsed a fortnight later when then Commonwealth Director of Public Prosecutions Damien Bugg told a federal magistrate there was no reasonable prospect of obtaining a conviction.

I have listed my posts on this matter at the end of this post.

My core concern lay in what I saw as a failure in due process, a failure that existed independent of the facts of the case. Now, at least, the whole thing will be tested.

The Haneef Posts

Friday, November 02, 2007

More light on the Haneef case

Back in June I described the Haneef case as a failure in compassion - and common sense. The core of my argument lay not in the question of Dr Haneef's guilt or innocence but in the way the matter was handled at official level.

The Australian has now revealed more information on the matter. You will find the story here. You will find a PDF of the email here. It is clear that arrangements were in place to detain Dr Haneef under the Immigration Act should he be granted to bail.

I am always interested in detail and process. I was struck by the security classification Sec-in-confidence (Secretary, security?). I had not heard this before. The old security classifications used to be unclassified, restricted, confidential, secret and top secret. These classifications were based on the damage to the nation should the information be released.

Then there were a few sub-classifications like staff-in-confidence, essentially unclassified but to be protected because it contained information on an individual staff member. There were a couple of others I was going to add in, I am sure everybody knows them, but perhaps not.

I note that the protective mark is "in-confidence". All this looks a bit like a variant of staff-in-confidence, material to be protected but whose release does not have national security implications.

All this is a side issue, interesting to me, perhaps not to anyone else. However, there is one intensely interesting thing revealed by the email.

The formal material on which Mr Andrews made his decision to revoke Dr Haneef's visa was released. This was signed by Mr White who also appears in the email material. At the time, I surmised that there had been other minutes or oral briefings between Department and Minister.

While I am still sure that this was the case, I found the reaction of Mr Andrew's staffer to the latest story very interesting. She appears to have been flabbergasted. If my interpretation is correct, then it may be the case that Mr Andrews was not briefed on the Department's plans in regard to the possible visa withdrawal.

If this is the case, I would regard it as a fundamental breech of public service protocols. When I was in Mr White's position, there was no way that I would not have fully briefed the Minister and indeed his office on an issue of such importance. I may be missing something - there may be some other protocol in place - but I find it all very odd.

Sunday, December 23, 2007

Dr Haneef's Visa Reinstated

While I was away at South West Rocks, the full bench of the Australian Federal Court dismissed the appeal launched by former Immigration Minister Andrews against a previous court decision reinstating Dr Haneef's visa. Now the new Government has sensibly decided not to take the matter any further.

Neil has already written about this. You will find some of the media coverage here and here. I put my own position here very clearly back at the end of July.

As I see it, the Haneef case was first and foremost a failure in process. I am not referring just to the evolving fiasco of the charge itself, but to what I see as a more fundamental failure of compassion, common sense and plain good manners.

This remains my position.

Two things and two things only protect us as citizens against the unfair use of asymmetrical and coercive state power.

The first are our traditions and ethical codes, a belief in process, in individual rights. The second is our legal system. This comes into play when, as in the Haneef case, the first fails.

The freedoms we presently enjoy did not just appear. They had to be fought for over a long period, sometimes against the majority weight of public opinion itself. To my mind, this remains true today.

Saturday, August 23, 2008

Saturday Morning Musings & now Sunday Snippets - a complete mixture



As so often happens when I am looking for a photo to illustrate a post, I turn to Gordon Smith. This photo shows the creek bed up to Faints Mine in the gorge country near Armidale.

The mine itself is the end point, the reason why we blog. We do this for many reasons. Sometimes there is real pay dirt, at other times not.

The creek bed is the road, and a bloody rocky road too. Many of us finally stumble over the rocks. We burn out.

Not seen in the photo is the spectacular country around. This is the unexpected pleasures we find on the track.

The Post

Today as part of tidying up, I thought that I would devote this edition of Saturday Morning Musings to a somewhat rambling review of things that I have written, things yet to write, things that I may never get the time to write about.

How does this link to tidying up? I often cut things out that might provide stories. I really need to throw some of these out, but would like to record some first for later reference.

Some time ago I increased the number of posts shown on the front page. This marked a small change in direction. It gave readers access to more posts before they vanished into the blog archives. I also thought that it would provide a greater reason for me to update posts by keeping more posts current.

I do think it important where possible to update posts because it makes for greater currency for readers. A lot of the updates are simply postscripts, things that correct or extend the post. However, some provide an added reference point.

Two updates are worth specific mention here.

Thomas has continued adding posts about his holiday. I have therefore updated Thomas's tour de force (and in some cases, farce) by updating the chronological list of Thomas's posts. Here I have just noticed that Thomas has added another. I will add this later.

Barbara Martin has also continued her series on the war of 1812, the US invasion of what is now Canada. I am adding a full list of her posts as they come out to Barbara Martin and the War of 1812.

I plan to do more of this for series that I enjoy. It is a simple value add for me, my readers and (I hope) for the bloggers in question. There really is some good stuff around that deserves added recognition.

Over on my other blogs I am still in post catch-up mode. I dealt with one aspect of this in Blogging Perspectives - the need for persistence.

A number of the professional blogs (professional in the sense of the professions) that I follow have stopped posting at just the same time that my own posting ran into trouble. All have been around for a while.

I think persistence is a key point with blogging. Once you stop posting, the blog enters a period of accelerating decline. The further down the curve, the harder it is to start again.

My first post on Managing the Professional Services Firm was on 3 July 2006. This makes it quite an ancient blog. At the time I said:

This blog has been created to encourage debate about and to provide information relevant to the management of all professional services firms. With time, I hope that it will develop into a valuable resource.

Looking at the popular posts mentioned in Managing the professional services firm - what to people want to know 1, I think that I am still tracking on the lines of the original objective.

It's not always been easy. I am now in rebuild mode after the break in posting. I cannot blame people who suffer blogging burn-out, although I may miss them. Yet from my viewpoint I try to keep going because I have made blogging such an important part of my personal and professional life.

I was fascinated by the above graphic from Neil's Gateway. It shows how we bloggers feed of each other, although the flow through to Neil from this blog is far smaller.

Blogging is a cooperative effort, a dialogue. We bounce off each other.

At the risk of causing Neil to blush, and to return to the analogy that began this post, he forms part of the surrounding scenery that makes blogging such a pleasure.

My message to any new blogger would be to join in the conversation. Don't be a solipsist. Use your blog to discuss other bloggers and their posts. Look for linkages. Look for contributions.

I seem to have come a long way from my starting point in this post. so a few things that I have noted that I might or should write about.

Richard Ackland's piece How the Haneef affair became carry on coppers deals with the farce that the Haneef case has become. I want to write about this in the context of the case itself, as well as the broader issue, the failure of the Howard Government to properly follow the due process on which we all depend.

A pause for lunch

I need to stop here to prepare lunch. I will continue a little later.

Much Later -in fact early Sunday morning

As Neil noted in a comment, lunch obviously became a long affair.

Still on Neil, congratulations on the very positive feedback from your former student at Sydney Boys High (This has bowled me over completely!). If you look at Neil's comments on English over time and at the things that he has tried to do as a teacher and coach including his specialist blog English, ESL - and much more, you can see why he was (is) such an inspirational teacher.

Returning to my theme, in the context of the Haneef case I mentioned the failure of the Howard Government to follow the due process on which we all depend.

Whether in China or Australia, government involves the coercive use of state power. All ministers and officials tend to believe that they are right, that the Government's will must be enforced. The difference between a democracy and some other forms of Government lies in the way in which law and due process controls the exercise of state power.

The problem during the Howard years is that both due process and legal protections began to fray at the edges. For a number of reasons, Australians have become more accepting of controls on their freedom, more willing to accept or at least condone actions that breach or at least threaten due process.

As time passes, more evidence emerges suggesting that a systemic problem developed during the Howard years. On the surface, there appear to have been more cases of abuse or at least misuse of state power during this period than any other period of Australian history, with the possible exception of the First and Second World War.

This may sound a large claim, but there appear to have been more than one hundred cases of wrongful immigration detention alone.

The huge ($50 million plus $5 million in costs) payout by the Commonwealth Government in the Pan Pharmaceuticals case is another example.

Put simply, officials appear to have suffered a rush of blood to the head in the way they ordered the 2003 recall of products manufactured by Pan, in so doing destroying not just Pan, but other businesses as well. Now more than one hundred companies are reported to be considering a class action against the Government over the Pan collapse.

The Wheat Board scandal, Pan, immigration detention, Hicks, Haneef etc, the aggressive action taken by Centrelink to enforce welfare rules, all seem to suggest a pattern of misuse of power and of administrative failure.

Turning in a completely different direction, the obituary sections of the newspapers continue to be a fruitful source of possible stories.

The death (and here, here) during the week of Hua Guofeng (1921-2008) who succeeded Mao as head of China appears to have gone largely un-reported in China. Hua was Mao's man, but he also seems to have been responsible for more of the transition from the Mao period than is normally allowed.

The growing problems faced by Australia's higher education sector have been highlighted in submissions to the higher education review being conducted by a former University of South Australia vice-chancellor, Professor Denise Bradley.

I would be the first to accept that the universities themselves are as prone to special pleading as anyone else, but there are some very real and growing problems. As a simple example, because it is easier to get money for new buildings than for old, we have more new buildings along with an ever growing maintenance backlog. This is simply unsustainable.

I haven't commented much on politics recently, not even the Northern Territory or WA elections nor the up-coming by-elections.

End post: I am going to have to end this post here. For some reason either my computer or the blogger system is playing up, making it very hard to add new material. The system keeps freezing for short periods. I am concerned that I will lose the post. Still, you will see why I said that there was so much to write about.

Wednesday, August 01, 2007

Moral Courage, Fear, Technology and the Decline of the West

"I told Lana that were getting closer to George Orwell's 1984". Unsolicited comment from youngest daughter (17) in response to a story on Dr Haneef.

This will, I fear, be rather a mixed up post. The post was in fact written over two, now three, days as I wrestled with the issues. I hope that the post will be helpful even to those who disagree with me.

On 25 July I put up a post in which I expressed concern about, among other things, the increasing legalism now affecting Australian society. My concern was captured in a quote from Tacitus. When the republic is at its most corrupt, the laws are most numerous.

On 30 July I discussed the Haneef case. I was very careful not to discuss the evidence or the specific arguments about Dr Haneef's guilt or innocence. My message was summarised in the title of the post: Haneef Case: a failure in compassion and common sense.

My core point was that the failures in the case linked to the way the matter was handled, that there had been a fundamental failure in the way the case had been approached and presented, not just in the legal processes themselves.

This post continues the argument.

Origination of the Word Terrorism

To refresh my memory, I checked the derivation of the word. Here I find : 1795, in specific sense of "government intimidation during the Reign of Terror in France" (1793-July 1794), from Fr. terrorisme (1798).

So terrorism started of with a revolutionary Government. The item goes on:
General sense of "systematic use of terror as a policy" is first recorded in English. 1798. Terrorize "coerce or deter by terror" first recorded 1823. Terrorist in the modern sense dates to 1947, especially in reference to Jewish tactics against the British in Palestine -- earlier it was used of extremist revolutionaries in Russia (1866); and Jacobins during the French Revolution (1795) ... The tendency of one party's terrorist to be another's guerilla or freedom fighter was noted in ref. to the British action in Cyprus (1956) and the war in Rhodesia (1973).
The core reason for terrorism, the deliberate use of fear in a state context, was well captured by Robespierre in a speech in the French National Convention in 1794.
If the basis of a popular government in peacetime is virtue, its basis in a time of revolution is virtue and terror -- virtue, without which terror would be barbaric; and terror, without which virtue would be impotent.
This actually captures rather well many of the elements of modern terrorism at both state and now non-state level, the use of terror as a political weapon justified by and linked to a claimed virtuous cause.

Terrorism is Not New

I think that it is helpful to remember, as suggested by the previous section, that terrorism is not new.
The world was plunged into the First World War by the assassination of the heir to the throne of the Austro-Hungarian Empire.

More recently, just to select a few examples, we have had the Stern Gang in Palestine, a group celebrated by many in modern Israel. A little later there was the Red Brigade. In the first ten years of the group's existence, the Red Brigades were credited with 14,000 acts of violence, most of which were against defenseless people on the street. Then, too, we have had the IRA.

This is just a short history. Many of those classified as terrorists - the Israelis, the PLO, Libya and IRA are examples - are now (to use an Australian phrase) more or less inside the tent. Others, the Red Brigade, have been relegated to the dust heap of history.

In each case, the established order has had to deal with the challenge.

The Use of Coercive State Power

The established order has always responded to any challenge to its authority through the application of state power. We can see this in the Stasi in East Germany, the Gestapo or ASIO in Australia.

In saying this, I am not saying that the application of coercive power by these bodies is the same. Clearly it is not. To put ASIO or the Federal Police as arms of the state in the same class as the Stasi or the Gestapo would be absurd. But the techniques, including the collection and use of information, are. It is the use to which those techniques are put, the limitations placed upon them, that are different.

Part of the problem with the application of coercive state power is that it creates victims.

Take as a simple and clear cut example, the internment in Australia of those from enemy countries during the first and second world wars. This was a time of clear national threat. There was a fear, not without reason, of spies and saboteurs. Yet it is also true that the internment victimised tens of thousands of innocent people loyal to Australia whose only crime was their country of origin.

Part of the problem with the application of coercive state power is that it is also open to misuse.
My study of history, as well as my experiences in and with Government, suggest that all Governments have a tendency to misuse state power. This is especially true at times of national fear or even hysteria.
The reasons for this are simple and lie in the dynamics of power itself.

All Governments come to believe that they are right, that they know best. Sometimes they are right. More often, history shows that they were not. The difficulty is that in pursuing their objectives and then in defending their position, Governments become victims of their own thinking and rhetoric. They then go a step too far. This is most likely to happen where, as has been the case in Australia, Government actions coincide with the public mood.

In all this, the thing that distinguishes an Australia from a Nazi Germany or Stalin's USSR is the existence of checks and balances inside and outside Government that constrain the use of state power.

In the middle of the second world war when the threat to Australia was real and immediate, newspaper proprietors fought Government moves on censorship. While the proprietors' business interests were involved, there was also the in-principle argument of the public's right to know.

In the midst of the anti-communist hysteria of the immediate post war period, public opposition prevented the Menzies Government banning the Communist Party. In retrospect, we now know that the Soviet Government was far more active in Australia than left wing apologists at the time would allow. Yet it is also clear that the banning of the Communist Party, something sought on national interest grounds for state protection, would have had no positive impact on subsequent developments.

The Principal of Proportionality

One key principle that should guide Government action is that the response should be proportional to the challenge or threat. To my mind, the response to terrorism is now so grossly out of proportion to the threat that it has itself become a threat.

Put the threat aside and focus on the pattern of responses since the bombing of the twin towers.
Internationally, the bombing triggered the invasion of Afghanistan. Then we had the invasion of Iraq. Iraq dissolved into a chaos that drew its neighbours in.

The fragile peace in Lebanon collapsed under the pressure of war. Palestine dissolved into total chaos. Now we have a middle east arms race designed to contain the rising threat posed by Iran.

Domestically, Governments and their state agencies moved to put new controls in place to counter the threat.
Detention without trial. New forms of surveillance. Control orders. Detention camps. Torture. Internment. The language itself has changed to reflect the new realities, including the use of techniques such as torture or forced interrogation previously the domain of feared secret police.

Governments cooperated in information exchange. New international controls come in. Prisoners are shifted between states to meet the exigencies of war. New international alliances form as support is given to regimes that will support the cause.

In all this, the threat seems to become stronger. There are new bombings, triggering new responses. The "war on terror" itself becomes part of the equation by creating a new focus for those opposed to what they see as the corruption of the west.

Martys breed martys. The concept of home grown terrorists appears. The enemy outside becomes the enemy within. The initially much diminished threat of Al Quaeda morphes into Al Quaeda in Iraq. More controls are required.

What began as a "war on terror", a response to a terrorist attack by a small but well organised group, has turned into real war fought on a number of fronts involving hundreds if not thousands of casualties each day, mainly innocent civilians.

It has also become a technology war.

War always drives the development of technology.

Those involved in terrorist activities have been able to use the new computing and telecommunications technology to contact each other, to spread information and as a PR weapon. Here they use internet technology not just to instill fear in Western countries - a necessary requirement since this drives the Government responses they need to spread their cause - but also to recruit. In some ways, Al Quaeda has become the web 2.0 version of terrorism.

Those involved in terrorism have also been able to develop new, simple, destructive weapons to kill or maim, using our own systems, technology and fears against us. Their capacity to do so is enhanced by media reporting that facilitates the spread of knowledge about both successes and failures.

On the Government side, the war on terror has encouraged the development of technologies used in monitoring, surveillance, control. All this gives the state far greater power to monitor and control its citizens. That's fine, but only so long as we can trust the state not to misuse the power. And the evidence world wide is that we cannot.And all for what?

I visited London during the height of the IRA bombings and admired the way in which people went about their daily business. People were, to use the Australian Government's slogan, alert but not alarmed.

Today, the chances of any single Australian being killed in Australia or elsewhere in a terrorist attack is statistically very small. By contrast, the chances of dying from flue, including the statistically significant chance of a pandemic, are many, many, times higher. Yet people do not run around obsessing about flue risks.

Governments do not feel obliged to use coercive state power on a daily basis to try to prevent the problem.
Terrorism seems to have created a blue funk, a failure in moral courage, in Western countries.

The Rise of the Authoritarian State

While all Governments have authoritarian tendencies, the last three decades have seen to my mind a remarkable rise in state authoritarianism in Australia. Governments do less for their people, but attempt to control more. This control permeates every activity and every level of society.

Take teaching.

In the bad old days, State Governments set curriculum and then used inspectors to go round and enforce standards. The system was seen as far too rigid, centralised and authoritarian. The inspector could be a figure of some fear. Yet individual teachers faced relatively clear requirements and within those requirements could exercise a degree of freedom.

Today teachers and schools operate within a web of laws, regulations, instructions, controls, policy statements, protocols, procedures, reporting arrangements and guidelines that make the old NSW Department of Public Instruction in its worst days look like a model of administrative simplicity. No wonder most schools now require staff just to ensure that the school complies with rules and reporting requirements!
This expansion of control has been associated with a progressive break down in the checks and balances that used to constrain Government.

To my mind, the starting point here has been the decline in community knowledge of our own history, a process that began in the seventies and has accelerated since. By our history I do not mean Australian history, the current Howard Government obsession, but the broad sweep of British history of which Australia forms a small part.
Our institutions, including the relations between Government and people, are based in that history. Forget it, and you are likely to lose sight of the fact that our freedoms were not given to us, but were fought for over generation after generation. British history is in fact the story of the rise of individual freedom in the face of establishment and state opposition.

This is not a small point. Our government system has always depended in part on knowledge of the past, on unwritten rules and conventions that set a context for Government operations. Take the decline in the power and authority of parliaments, another of the checks and balances, as an example.

I have a great reverence for parliament and for parliamentarians. Parliament, not the executive or government, is our peak governing body.

This is why I have voted so often for the Democrats, why I regard the decline in the Democrats as a national tragedy, even though my traditional affiliations are elsewhere. The Democrats with Don Chipp's famous slogan, keep the bastards honest, have focused on parliament's role as a check on executive government. This has been sadly lost sight off by others in the rise of executive government.

When I first joined the Commonwealth Public Service the role of parliament was still central. Governments in control still felt bound by the conventions of parliament and parliamentary democracy. This is no longer true. The instinctive reverence for parliament has been lost. So, too, has community understanding of and respect for parliament. Parliament has become at best something to be got around, at worst a rubber stamp.

The Howard Government

The Howard Government has taken the authoritarian state in Australia to a new level.

John Howard is a populist. So am I, although I come from a different tradition, the New England tradition. But populism unconstrained by principles can be a dangerous beast.

Mr Howard talks about the Australian people to justify his actions. The Australian people, he suggests, are not interested in esoteric principles. They want protection and effective service delivery. Fair enough, they do. However, the desire to control is so central to this Government's actions that it has become a threat.
We can, I think, see this across the whole range of Government actions.

In a post I wrote last November on the High Court decision on Work Choices, I noted that Mr Howard had said that concerns that about the impact of the decision were unfounded. The states should have no fears. The Commonwealth had no desire to take over state powers. It would only do so if it were in "the national interest" or to achieve a "public good". I went on:

From experience, I have absolutely no doubt that Commonwealth Governments of all political persuasions will attempt to use the now established power. It would be silly to think otherwise. The very words the Prime Minister uses - in the national interest, in the public good - indicate this since these matters are very much in the eye of the beholder.
Since then we have seen a steady stream of direct interventions by the Commonwealth in State affairs. We can argue the rights and wrongs of individual interventions. My point is that there is now a clear pattern of Howard Government action in which the constitution has become little more than a legal document to be got around as required.


The desire to control is central to these direct interventions. We can see this across portfolios from education through health to housing, to aboriginal affairs and social welfare. The pattern is quite clear cut.

Working in the name of national standards, national uniformity, national protection, the Howard Government has sought to intervene in every aspect of national life and at every level. As the election approaches, the interventions have become increasingly random, driven by electoral exigencies. The checks and balances inside Government - the role of cabinet, the role of Treasury and Finance in controlling expenditure, the consultation and coordination procedures - appear to have broken down.

In border protection and terrorism, our fear and concern has allowed creeping breaches of our fundamental rights. Note that I am not saying that terrorism is not a problem. I am saying that our response is not proportional to the size of the threat.

This creeping process has been marked by injustices against individuals. Australians have been wrongly deported or interned. The concept of innocence until proven guilty has been lost sight of in the need to protect. The harsh rhetoric required to justify actions and ever increasing powers has become more pervasive. The coercive and protective instruments of the state have themselves become players as police commissioners plead for more powers.

In all this, and I think that this is a tragedy, there has been growing mistrust not just of Government, but of the institutions and agencies on which we depend for our protection and security.

A measure of distrust is always healthy. Many believed during the 1950s and 1960s that they were being monitored by ASIO and indeed we now know that they were. Having a dossier from this period has even become a matter of some pride. Yet past a certain point, distrust becomes a problem.

Like many Australians, I accepted Government conclusions that Saddam Hussein did indeed have weapons of mass destruction. We now know that there was a catastrophic failure not just of intelligence, but of the treatment of intelligence information.

The advice the Government provided the Australian people on Tampa to support its actions was wrong. This was clearly a system failure. Now we have the problems with the Haneef material. I am afraid that I have reached the stage that I look for the errors whenever the Government or its agencies says trust us, we have secret material. Trust I do not
.
Nor can we trust either Government or its agencies to treat us fairly as individuals. There have been just too many cases where Government or agencies has broken the civil compact underlying out system.
To me, the Haneef case was the final straw here. Now when I look at Mr Keelty still pursuing the matter in public, this is a different issue from the proper continuance of investigations, I feel like saying take a cold shower, get some balance.

In recent weeks both Mr Keelty and the NSW Police Commissioner have been pleading the case for more police powers. Immediate past experience makes me very distrustful. Putting this aside, I apply two tests to these requests.

Test one is to ask what would happen if we did not grant the request. Generally my conclusion is nothing. That is, the extra powers would have little real impact in terms of the objectives as defined.

Test two is to ask whether I would want Government to have these powers in a less benign environment. It may sound odd to use the word benign when I have just been so critical. But whatever our current weaknesses, we still live in a democratic system in which Governments can be removed without violence.
We cannot assume that this will continue.

Once powers are ceeded to Government, they tend to remain. The decision by a protestor all those years ago to throw an egg at Prime Minister Billy Hughes gave us the Federal Police. Once powers are there, Governments will use them.

To suggest that Australian might become a dictatorship seems absurd. Yet if I had told an Australian even forty years ago just what current Governments would do I would have been laughed at. Extrapolate current trends and and a totally authroitarian state seems possible.

I am not saying that this will happen. I am saying that the price of liberty remains eternal vigilance.

Wednesday, July 25, 2007

Quid custodit ipsos custodes? - Who will protect us from our protectors - and ourselves?

Before anybody comments, I know that the literal meaning of the Latin is a little different, but the message is similar.

A number of things happened over the last week or so.

One was the evolving mess of the Haneef case. At best, the Government has displayed a lack of sensitivity and compassion in the matter. This comment holds even if Dr Haneef were to be found guilty of some offence. At worst, we appear to be dealing with a miscarriage of justice.

The second was a sudden demand by a contracting company that a person they had been using for some time provide an Australian passport or birth certificate to prove that they were Australian. This move links to attempts by the Federal Government to tighten up on illegal immigration by placing severe legal penalties on companies found to be employing illegals. The person in question, a professional known by a number of people in the contracting company, refused point blank.

The third was a demand by a major Australian company in the finance sector that someone coming in to do a short term strategic assignment undergo a police check. Turns out that this is now a company standard for all staff (a very large number Australia wide) from insurance sales people to receptionists to drivers to short term contract staff. The reasons are a little obscure, at least to me, but appear to relate to the company's desire to avoid legal problems.

The fourth was the demand by the Commissioner of Police in NSW for compulsory DNA testing of suspects to create a DNA data base. In response to a query about civil liberties, the Commissioner responded "what about the civil liberties of victims?"

How do all these things link? They are part of a continuing trend that, should it continue, will choke the life out of Australian society.

A little while ago I was at a meeting to discuss what is called common access policy in social housing. This is a simple, apparently clear cut idea, that there should be a common data base and allocation approach across various categories of social housing.

A major social policy lobby group, previously a strong supporter of the concept, said that they now had strong reservations because of the way that the Federal Government had used data mining and matching across data bases to capture data about benefit recipients. In essence, Government could not be trusted not to misuse data.

I raised the question of the criminal checks with some younger Government colleagues. They could see nothing wrong with a public company demanding criminal checks on all prospective employees. Yet once a company has that information, it has then to decide what to do about it. The simplest response is to exclude anyone who has any form of criminal record for whatever reason.

At the last NSW State elections, the only piece of official information published about candidates was a statutory declaration that they were not paedophiles. I am sure that any candidate who was would have happily signed the declaration anyway. Then we have the obsession with the internet and child abuse, an area where available research suggests that current political and popular obsessions are not well supported by the evidence. By the way, the official data on child sex crimes shows a long term continuing decline.

Want to apply for a job in the NSW Public Service? Then be prepared to provide answers to compulsory selection criteria on Equal Employment Opportunity (EOO), Ethical Practice, Ethnic Affairs Priorities Statements and Occupational Health and Safety. These are all important issues, but applied in a blanket fashion to apparently all positions they become meaningless, just another hurdle to go through.

At present, if we have a problem, we create a law. We then need policies, procedures and protocols to guide practical application, to avoid the legal risks created by the law.

All this has to be paid for in cash and in restrictions on individual freedoms. The new security procedures at my daughters' school protect the school. But they make the school a less welcoming place, do not affect in any meaningful way the statistical chance of my daughters being hurt or damaged and add to my costs.

In 1961 the Companies Act was quite a short document. Current corporations law is more than twenty times as long. The costs of compliance have gone up, I am only guessing, perhaps 100 times. Yet there is no evidence that I am aware of to show any improvement in the incidence of either company collapse or corporate crime. If anything, the opposite would appear to be the case. So we are paying a lot more money for no result.

Tuesday I drove past Long Bay Jail here in Sydney. I was astonished at the scale of new building. It's huge. But then, according to ABS, Australian prisoner numbers are up 42 per cent in the last ten years. Of total prisoner numbers, our indigenous population contributes 24 per cent.

All this has been done with public support. But it has to be paid for. Here I know of no evidence that it has in any way affected the incidence of crime.

The established incidence of illegal detention in Australia's immigration system is, to my mind. quite astonishing. Go back even twenty years and it would have been a national scandal that would have brought the Government down. Even one citizen illegally detained would have been a scandal. Today it is a scandal, but in a much more muted way.

I may sound like a bleeding heart liberal when I say all this. In some ways I am. But the test I apply is a simple one. Can I see any gain to justify the cost, the complexity and the loss of individual freedom? In too many cases I cannot.

In musing about all this, I found myself asking a simple question.

What would happen if tomorrow we declared null and void every law passed in Australia since 1961? There are clear problems. For example, what would we do with the million or so people whose jobs depend on those laws? Then, too, there are changes that we might want to retain. Even so, I suspect that we would be better off.

Postscript

Still on Latin, this quotation from Tacitus nicely summarises a core message in this post: Corruptissima re publica plurimae leges.

Or to put it in English: When the republic is at its most corrupt, the laws are most numerous.

Monday, October 08, 2007

Mr Andrews, Racism and our Sudanese Refugees - put the man out of his misery

I was not going to comment further on this issue, I suppose because I felt that nothing that I could say would make any difference to what I saw as a twisted discussion. Then I got a comment from Dylan Nicholson.

Now the thing that I liked about Dylan's comment is that while he had strong views, he expressed them in a courteous fashion and did mount a case to support them. So I thought that I would pay Dylan the compliment of treating his comments very seriously as the entry point for a new post. In doing so, I was not going to attack his views. Rather, I wanted to use them to continue the process of disentangling issues.

I always try to check my facts. This time I looked at the later interview transcripts. I have now put a line through the entire post plus four hours careful work.

Both Mr Andrews and the media who started all this need to be taken up the back paddock and shot. The media for starting the trouble, Mr Andrews for mishandling it. I do not resile from my conclusions and will repeat them in a moment. But I have lost patience with Mr Andrews.

Again so that you can make your own judgements, you will find the various transcripts here. Look especially at the John Laws interview, by far the toughest of them all.

Looking at the material, I have no doubt that the original decision to alter the refugee mix, a decision taken some time ago, was based on sound or at least defensible public policy reasons. But the way Mr Andrews has handled this matter has given us all a huge black-eye.

Look, first, at the fact that the decision was taken some time ago. I wonder how many overseas people, or for that matter Australians, think that this was a decision (a racist decision) just taken in the context of the current controversy?

Now look at Mr Andrew's later words. He simply did not need to bring in some of the factors he did. When Mr Laws queried him on crime issues, he was forced back to reliance on unspecified reports. And this does not wash after the Haneef matter, if indeed it ever did.

So why did he mishandle it all so badly? I do not think that it had anything to do with the race card.

One of the things that has always puzzled me with some of the discussion on "the race card" is that I know of no evidence that racist views as such attract votes. With the exception of One Nation which tapped a deeper sense of alienation within certain groups in Australia, those groups with explicitly racist over-lays do not attract votes. Even Pauline Hanson and One Nation itself felt the need to back off the more explicitly racist comments of some of its supporters, to deny that it was a racist party, in its efforts to attract a broader vote.

Things become a little easier to understand if we put aside the racist tag for the moment and look instead at other threads in Australian political life that reflect the bundle of views held by many Australia voters.

I have long complained about the political obsession with "law and order". This is not new, it existed and made me very uncomfortable when I ran for preselection all those years ago. But it, has I think, got far worse in recent years.

This links to a second strong trend, aversion to risk, a desire for security, a belief that life can and should be controlled. We can see this way that Governments respond on issues, in the ever growing web of regulations and controls.

Then there is a third thread, xenophobia. Xenophobia is not racism, although it may manifest itself in this way. In simplest terms, it is fear of outsiders. In my view, and it is only an opinion that is subject to test, Australians do appear to have become more xenophobic, more inward looking, over the last thirty years.

The media plays to these concerns.

If we look at some of the reporting on the Sudanese issue we can see all these threads, the law and order focus, the emphasis on threats to personal security, the attribution of behaviour patterns to particular groups. Fear sells papers, increases ratings. In doing so, it plays to and reinforces, even creates, prejudices within the Australian community. Because in this case the target is an unidentifiable racial group, the reporting itself in my view becomes racist.

Mr Andrews was caught in all this and handled it very badly, getting defensive when he should have been in control. I also cannot rid myself of the feeling that Mr Andrew's response linked to the need to play to the law and order and security issues.

Now in all this I said that I had not altered my conclusions. Just to restate them.

First, the way we have to come to use the racist and racism epithets is not only outside the original definitions of the words, but is also twisting discussion because of the emotional content attached to the words themselves.

Secondly, we need to be far more sensitive about the way the rest of the world interprets domestic discussions on things such as racist and racism. They interpret it as confirming that all Australians are racist, when the opposite is closer to the reality.

Finally, the big losers out of this are the Sudanese along with the broader Australian community, both of whom have been vilified.

The winner? Our media who have gained circulation (viewers).

Tuesday, August 07, 2007

Australian Election 2007 - Poll Insights

This morning's Australian carried an interesting poll from my viewpoint.

Once broad trends are established, as they are at the moment, I am less interested in the aggregate number than in the details.

To begin with, I have been wondering just how the Greens were tracking. They have dropped off the media screen.

Based on experience I would have expected them to be in a degree of trouble. They now suffer from the same problem as the National Party, locked into the ALP in the same way as the Nats are to the Liberals. Their main platform, the environment, has been expropriated by the main Parties. They also face a polarised electorate, always dangerous territory for a minority group.

The poll appears to reflect this. At the last elections, the Greens got 7.2 per cent. Recently their support has been running between 3 and 5 per cent, most recently 4 per cent. So they have a problem.

Then I was wondering how the Nats were going as distinct from the Liberals. At the last election the Nats got 5.9 per cent. In recent weeks they have been running between 3 and 4 per cent, but have now recovered to 5 per cent.

Unlike the Greens who have a national but thin vote, the Nats' vote is geographically concentrated. So the Nats appear to be coming back. It is, I think, actually a little while since the total Nats vote passed the Greens. The big threat for the Nats remains, I think, their New England coastal seats.

Finally, I wondered about the reaction to Dr Haneef. Here a question on Immigration Minster Andrew's handling of the matter suggested that 49 per cent approved, 36 per cent disapproved.

Actually, this was better than I expected. But the real kicker is in the detail. There is a clear upward gradient based on age. Only 44 per cent of those aged 18-34 approve, as compared to 53 per cent for those over 50.

Mr Howard has been losing support among the younger age cohort for some time. This is nothing to do with his own age, at least I do not think that it is, but simply reflects the demographic that he is playing to. I find it odd that I am personally much more comfortable with those under twenty five than with those over thirty. Really very odd.

Friday, October 05, 2007

Mr Andrews, Tamworth and Sudanese Refugees

I found the sudden outbreak of controversy on Sudanese refugees very puzzling. My first concern was that, as with Tamworth, the treatment of the issue was going to do us global harm. Then I thought, just what are we talking about, how did this happen? So I started digging down.

I will talk about this in a moment. First, a reminder note on Tamworth.

A little over twelve months ago, a decision by Tamworth City Council to reject participation in a refugee resettlement program created national and international controversy. Tamworth was presented as racist. This did us great damage as a country. When I dug down, I found a far more complicated issue than that presented by the media. Those that are interested will find my last comment here, the main entry point here.

Mr Andrews has a bad habit of putting both feet in his mouth and then stomping around. We saw this in his treatment of the Haneef case where he just made things worse by his defensive comments. Even so, given the international firestorm created by Tamworth, I found the newspaper reports strange.

I started by checking blog postings because they give a time sensitive response pattern in a way that is much easier to follow than the normal Google searches. The first blog post that I could find was on 2 October. By 5 October, this had grown to nine pages.

I then checked Mr Andrews' ministerial web site. You will find the Minister's releases and door stops etc here. The first reference is in an interview on 2 October with Neil Mitchell on 3AW Mornings. Reading between the lines from Legal Eagle's post as well as the content, it appears that Mr Andrews' was responding to a Melbourne media beat up.

Now I do not think that Mr Andrew's handled Mr Mitchell's aggressive questioning especially well. But if you look at the transcript, I cannot see anything especially racist in the response.

Now look at the interview by the ABC's Lindy Burns later in the day. She is trying very hard to make it all an issue, including the previous but apparently unannounced reduction in the African refugee quota in the current financial year to 30 per cent of the total. Again, I cannot see anything especially racist in the Minister's response.

Note, by the way, Mr Andrew's reference to the cost of the refugee resettlement program. There are some issues here that I will come back to in a moment.

3 October began with an interview with Jon Faine, ABC Melbourne. Mr Faine's opening question set the tone: Why punish the African refugee community because of the acts of a few in experiencing difficulties assimilating in Australia? Mr Andrews responded: Well we're not doing that and can I start with the facts?

Again read the transcript carefully. There is nothing racist here, no race card. Note, too, the reference again to the extra $200 million put in to support to support refugee, especially African, refugee resettlement.

With this issue running hot, Mr Andrew's felt obliged to call a doorstop interview that same day. You will find the transcript here. Look at the tone of the questions. Mr Andrews is trying to explain that there are particular problems linked to background and education. Again, I can see nothing racist here.

Then later on the same day in a a radio interview with Philip Clark, Mr Andrews again states the special problems faced by Sudanese refugees.

Under all this pressure, the next day (4 October) Mr Andrews felt obliged to put out a special press release dealing with the problem. This is, I think, the release that The Age headlined on 5 October as Minister's African dossier renews racial tensions. Again read the release carefully. The release refers to problems and some complaints from communities. I can see nothing racist in it.

Now I want to leave this press controversy and return to the Tamworth story. As I do so, remember the extra $200 million.

There were two key issues in the Tamworth case.

The first is the rules of the refugee resettlement required community support. When Tamworth Council conducted a survey, they found conflict. The second issue was the perceived inadequacy in the Immigration Department back up for the program, given the refugees special problems.

Having rejected participation in the program, the media storm forced the revocation of the decision. So what has happened in Tamworth since now out of the media spotlight?

On 6 February, the Northern Daily Leader reported Armidale seeks greater resources for refugees. The story went on:

Tamworth came under fire for rejecting the Department of Immigration and Citizenship’s refugee resettlement program but self-proclaimed “refugee welcome zone” – Armidaleisn’t jumping head first into the program either.

Armidale and Tamworth are old rivals, a bit like Sydney and Melbourne. Unlike Tamworth, the more politically savvy Armidale had agreed in principle to accept refugees around the same time Tamworth was approached, but only if the required support was there. Further, Armidale had formed a committee including refugee support groups to consider the issue. The net effect was the same.

On 20 February 2007, the Northern Daily Leader reported that a group of Sudanese refugees had arrived in Tamworth to a warm welcome. However, these refugees had not come under the refugee program. Rather, all four had come to Tamworth under the family re-union program.

There is then a long gap until 4 May when the Mayor claimed that Council was not dragging the chain on refugee resettlement. According to the Mayor:

...the next move was up to the Department of Immigration and Citizenship, which he said "has some serious problems".

"There's been a change of minister, a change of policies. [Council] hasn't heard anything at all," Cr Treloar said yesterday.

"The Department of Immigration and Citizenship has our proposal on the resettlement program and we are waiting for a response. We are not looking at any proposal from the department; we are waiting for them to consider ours."

There has been nothing since.

Link all this to the $200 million in new funding that I referred to.

If I read all the tea leaves correctly, the core problem is nothing to do with all the current press stories. Rather, the problem is that even with the spend of an extra $200 million, we do not have the money to support the resettlement program.

Here Armidale people have argued that the Sudanese refugees require what is essentially a major training program to give them the skills they need to settle into Australia. This is not a criticism of the Sudanese. Rather, it is an assessment of a skills gap.

This is what Minister Andrews has been referring too and quite explicitly in some of his remarks. The real story is not a furphy about racism, but really the amount of money we are prepared to spend to help people.

My personal view is that we should be prepared to develop the new approaches and to spend the cash required to help people settle in. But that is just my view

Monday, November 12, 2007

Izhar ul-Haque, another failure in process - and Mr Rudd's most important promise


Photo Dallas Kilponen, Izhar ul-Haque, Sydney Morning Herald.

In a scathing judgment, NSW Supreme Court Justice Michael Adams found that two ASIO officers had broken the law in a deliberate attempt to coerce answers from Mr ul-Haque.

"I am satisfied that B15 and B16 [the ASIO officers] committed the criminal offences of false imprisonment and kidnapping at common law and also an offence under section 86 of the Crimes Act," the judge said. Sydney Morning Herald.

I see the Government's case aginst Mr ul-Haque has been thrown out of court by the judge. You will find the link to this breaking story here.

One of my themes, really a broken record, on this blog has been the decline in due process at administrative and political levels.

If you look at my posts on the Hicks and Haneef cases you will see that my focus has been not on the facts of the case, but the processes involved. Now the judge in the ul-Haque case has made the same point in an especially scathing way.

I will let the dust settle a bit before commenting further on the case. In the meantime, I want to link the case to what I see as Mr Rudd's single most important election promise.

Not the education revolution, not the tax cuts, not the maintenance of defence spending, but the promise to restore the independence of the Commonwealth Public Service. Here I find myself in the unusual position of agreeing with former PM's Whitlam and Fraser.

If Mr Rudd really does this, if he really restores the increasingly degraded Westminster system, then in a single blow he will have restored not just accountability and transparency, to use the modern phrases, but also the efficiency and effectiveness of public administration.

Postscript

Marcellous in a comment has pointed to a link to the judgement itself. You will find the link here. My thanks, M. Isn't it wonderful having a lawyer in the group?!

Postscript 2

This case becomes more bizare all the time. I cannoy judge the accuracy of the facts, but see Agents tried to turn student into informer.

Wednesday, December 05, 2007

So much to think and write about - and so little time!

To the degree that I have any strength as a blogger it lies in the fact that I try to provide content. Yet there is so much around of interest to me that I struggle to cover even the tip of it at any any depth at all.

To illustrate with a few very varied examples.

Over on the slowly (very) slowly evolving History of Australian and New Zealand Thought, Rafe put up a post looking at aspects of the Australian Legend. Now this is an area that I would very much like to write something on as a companion piece looking at two very different threads.

The first thread is the changing way in which historians themselves present Australia. I have written a little on this, already, but would very much like to write more.

The second is the changing way in which Australia is presented in literature, film and popular culture.

These are huge topics. However, they can be simplified by focusing on the theme of the Australian Legend itself.

Moving in a very different direction, there has been another child tragedy in New South Wales involving the NSW Department of Community Services and, in this case, also apparently the Department of Housing.

In my discussion on problems in this area I have tried to focus on systemic problems, rather than the detail of the cases. My argument is that we have created an unworkable system.

This argument is part of a broader discussion about longer term trends in public administration, including my post on Mr Rudd and efficiency dividends. Bob Quiggan, a former colleague, responded to this in a comment. Apart from the pleasure of hearing from Bob again, I need to respond to Bob in either an amplified comment or a post, perhaps both.

The nature and extent of systemic failure has been a recurring theme in this broader discussion. If you look at my arguments in the ul-Haque, Hicks, Haneef and AWB (and here) cases you will see that (as in the child welfare case) my core focus has been not on the facts of the case, but the processes involved.

In my discussions on public administration, I also made the point (among others) that changes in public administration are a subset of a broader set of changes at national and international levels. You will find an example here.

I write a lot about changes in Australian society and culture, far too much to even give a representative example. Sometimes this may seem a little old-fashioned. However, it does have a serious purpose.

I am not nostalgic for the past, although I may be nostalgic about elements of the past. I seek to understand what has happened and why. Here one of my recurring concerns - one that also sits at the interface of politics, public administration and public life - has been the way in which (as I see it) Australia has become an increasingly intolerant, harsh, inward looking and risk averse society.

There are many different posts here, exploring different aspects of the problem.

In Why are we so hard on our politicians - and ourselves, I pleaded for the need to cut our politicians, and ourselves, some more slack.

I am out of time. I will continue this post later. In fact, much later!

The post I just referred to was triggered by the attempted suicide of a leading NSW political figure. We then found that he had been suffering from depression.

This post was in part the trigger for a major series of posts on depression. This series focused especially on depression in the workplace and was written from a management perspective, part of my on-going professional aim to try to improve management practices.

But it left open the question in my mind as to the causes of the apparent rapid increase in depression as a medical and social problem.

Now there are all sorts of issues here. One is simply a measurement problem. We now have better statistics, more information. Sometimes an apparent change is in fact no more than a change in record keeping.

A second issue is the way in which we can become or are influenced by what we measure. I have written a fair bit on this in a professional sense because of the impact on management and firm performance. An example with broader implications can be found in my post Problems with Performance Pay.

Then linked to this we have fashion, the way in which particular matters suddenly become a matter of public concern, a concern that then feeds back into society. RSI (Repetition Stress Injury) is a fascinating example here.

RSI suddenly appeared around the mid-eighties as a major work force problem. There were tens of thousands of cases, huge publicity, major changes to working rules to prevent the problem. Then, around ten years later, RSI vanished as a major problem. Did this happen because work place changes had solved the problem, or was it simply a change in society fashions and concerns? Or both? How do we disentangle?

With depression, I am convinced that its rise is connected in part, is a symptom of, changes in society I referred to earlier, the way we have become an increasingly intolerant, harsh, inward looking and risk averse society.

I really struggle with this one because it is an area where I find my own attitudes and instinctive reactions increasingly at variance with apparent social norms.

I am not a libertarian. All societies need need rules to function. Yet the way in which we create and impose rules tells a lot about society.

In October I wrote a post Australia's sad moral decline. The post was meant to be a sarcastic look at certain social changes and controls. I had to hastily insert a preamble to make it clear that I was being sarcastic.

In my previous post, A very odd evening, I talked about the controls and processes adopted at youngest's year 12 formal. Talking to a teacher later, one of Clare's favourites, she said that it was a pity that the few had to spoil it for the many. That's true, but it misses the point.

There have always been problems with the few. Unless one can argue that kids have in some ways got worse, something that I would be reluctant to accept, what has changed is not the problem, but our responses to it. Here I see serious argument in Tasmania that kids should be required to wear school uniform at formals!

These changing attitudes and responses are pervasive and seem to be getting worse. In Risk - lock-out and lock down arrive in Australian schools I talked about the new security arrangements at my daughters' school. These made me uncomfortable, had I thought changed the tone of the school, and certainly did not give me reassurance.

At school level, the kids themselves do try to strike back.

Sometimes they do so simply by finding new and creative ways to break or bend the rules. Here I was struck by the tone of the Head's speech at this week's breaking up, with its heavy emphasis on the need to observe rules.

Sometimes they do so more formally. Here in When its Time to take a Stand I reported on the heartwarming case of a year 5 student at a Sydney school. Following the school's decision to ban running in the playground on safety grounds, she organised a protest that led to running being reinstated.

The focus on rules, risk avoidance and control reduces individual freedom and imposes direct and indirect costs. I commented on some aspects of this earlier in Broken Record - Risk Avoidance and the Burden of Compliance.

At a personal level I resent both the increasing controls and the need to pay for them.

The school's new security features have to be paid for by parents, many of whom are already struggling to meet fees increasing much faster than the rate of inflation.

Excluding all the add-on things, the tickets to the formal cost the family $540. This covered venue, disco machine, a three course meal plus security. I do not know how much the security component was, but given the way in which it was enforced I felt that we got a negative return for it.

One of the difficulties in all this is that the costs of control and compliance are pervasive but not easily seen. The Rudd Government has made regulatory reform, the reduction of the burden and costs of compliance, a key objective. While I welcome this, these costs are just one element in a total cost burden imposed by society attitudes and interlinked Government and media responses.

Take, as an example, the public school that recently tried to hand back a Government grant once it worked out that compliance and reporting costs would exceed the value of the grant. Now it should be possible to actually measure this type of cost.

But how do we measure the cost of more expensive, slower and less effective Government decision making itself?

Resources are limited. As more resources are tied up in compliance activities, fewer resources are available for thinking and doing. As the number of steps and required processes involved in decision making increases, so does the time required to actually get things done. These costs are pervasive, but not easy to measure.

I have written a little, and hope to write a lot more, on change processes at community level and in organisations and society because the topic fascinates me.

In his Scientific Revolution, Kuhn speaks of the way in which scientific paradigms rise, become dominant and then fall in the face of an increasing volume of evidence that cannot be explained by the dominant paradigm. Something similar happens in society. Here my feeling is that our current command and control system is in fact starting to topple under its own weight.

Sunday, October 11, 2009

Sunday Essay - for Neil: threads in Australian history

It has been a little while since I wrote a companion piece to Neil. However, his Waltzing Matilda 21st century style – current reading drew me, as I suspect he thought that it might.

I haven't yet read Mark Davis’s The Land of Plenty: Australia in the 2000s (Melbourne, MUP 2008), the subject of Neil's post, although I will. I also look forward to reading Neil's assessment.

Given that I have not read the book, I cannot yet comment on it. However, I thought that I would clear a little undergrowth by setting out my own perspectives on some of the things that I suspect Mark has written about. Not to attack his views, I do not yet know them, but rather to clear my own thinking.

I suppose that it is sad but inevitable that age changes one's perspective. The young deal with what is, what might be. As one grows older, questions of what was, what might have been, become more important.

I make this point because in a sense it sets part of the context for this post. I look at Australia's past not just through my research, but through the prism set by my own experiences. 

It is often forgotten, certainly I find this a hard message to get across at a personal level, that the first key role of Government and Ministers is to set values. No matter how efficient or effective you may be, if the values are wrong or in conflict with policy, delivery will be wrong.

I don't mean anything high falutin by values, simply the general principles that will guide policy and indeed the nation.

The reason the Howard Government lost me despite my support for some elements of their policy lay in what I saw as an erosive style in conflict with what I perceived to be the fundamental values of Australia. I finally lost all patience, lost the ability to make excuses, with the Haneef case. I suspect that Mr Ruddock will come to be seen as a tragic figure who, despite himself, came to typify the neglect of due process, the willingness to over-ride individual rights and the increasing use of harsh use of language that marked the later Howard period.

Even as I wrote this post, the current Government was expressing regret for the sad case of Van Phuc Nguyen who was detained in 2002 and held illegally in Sydney's Villawood Detention Centre for more than three years. Mr Nguyen is a permanent resident of Australia, but immigration officials at Sydney airport did not recognise his visa.

One case, a dozen cases, but now there appear to have been hundreds of cases of injustice. As an Australian I cannot stomach this, nor can I accept the way in which so many Australians even now simply shrug the matter away. I regard what happened as deeply un-Australian, in conflict with what I have always seen as the values of this society.  

I have known or known of Mr Howard for a long while. I found him a warm person. When I had to brief him as Treasurer I was very nervous; this was my first ever ministerial briefing. He was kindness itself. I have often wondered how and why such an apparent disconnect could emerge between what I knew of the man and the later language and actions of the Howard Government. I think that part of the answer lies in the events of 9/11 and the subsequent responses: Mr Howard became trapped.

Part of the answer too, I think, lies in what I see as a broader coarsening of the language of Australian politics. Language became harsher, edgier. We can see this in NSW, but it is not unique to NSW.The language of punishment, vengeance and control combined with a sort of managerial speak has come to dominate.   

One of the issues that many historians have wrestled with is the way in which Australia combined an apparently egalitarian approach with sometimes social conservatism, conformism, injustice and a class based hierarchy. This last may not have been as strong as in the British Isles, but it certainly existed.

I think that the Australian historian John Hirst provided part of the explanation for this apparent conflict with his term "democracy of manners". Language reflects values and also affects behaviour. Our language, our manners, have been egalitarian. This has of itself acted to set a social frame.

Of course a critic could point to many exceptions, but I do think that it is acceptable as a broad generalisation. I would also suggest that it was very deeply embedded indeed in popular conceptions of what it was to be an Australian. Whatever the weaknesses may have been in Russell Wards' analysis of Australian history, and in some ways Russell was one of the most patrician figures I have known, the enduring power of The Australian Legend demonstrates the way in which he captured Australian perceptions of themselves.

Mr Howard substituted a much diminished view. The Legend had shrunk to concepts of mateship, nationalism and military prowess; the overall rhetoric linked back to the images, but was in many ways in conflict with them. The image of of people wrapped in the flag substituted for the old Australian irreverence about themselves.

It is important, I think, to recognise that the narrow nationalism of the Howard period can be directly traced back to the Whitlam Government (1972-1975).

There were always two threads to Australian nationalism. One was international, empire and commonwealth. This thread was proudly Australian, but saw no conflict between this and broader allegiances. Unless, of course, those allegiances threatened Australia.  A second thread linked to the Labor and Irish tradition was more narrowly nationalistic; perfidious Albion must be rejected, replaced by a more narrowly defined and uniquely Australian model drawing from one set of perceptions of Australia's past.

Consciously and systematically, the Whitlam Government began dismantling the official and even unofficial linkages to Australia's past. Sometimes it over-reached itself: the attempt on the grounds of non-discrimination to treat New Zealand and New Zealanders for passport purposes in the same way as any other nationality foundered on the self-evident fact that they were not the same as any other nationality.

Not all this was on the public record. I do not think that the rejection of the desire by Prince Charles to buy land in Australia on the grounds that, as a foreigner, he was not allowed to do so ever became public.

Of itself, a democracy of manners is not sufficient to explain Australia's egalitarianism and sometimes social reform. Canada and New Zealand also show this, although the expression varies. This was well recognised in the past, less so today when our view of the world has become so very Australia-centric, cut of from our broader past.

The Europeans who settled Australia came from a world that still bore many of the trappings of its Feudal past. The first industrial legislation in Australia was called the Master and Servants Act. They also came from a world on the verge of the agrarian and industrial revolution.

These semi-feudal trappings, the caste systems of the old world, quickly broke down in the new colonies and for a very simple practical reason. Not only was labour was short, but it was possible for a man from an ordinary working background, even a convict, to make money. By European standards, the ordinary Australian was remarkably well off and from a very early point in colonial history. This made for an independence of attitude, one supported by growing demand for Australia's rural products starting with wool.

The Australian colonies were fortunate, too, in the early grant of responsible government. Problems of governance in a sprawling and diverse Imperial super-power are beyond the scope of this post. The key point is that we did not have to fight for the vote, nor later for independence. These things were granted to us in stages; we had real local control from a very early point.

I make these points because we have a tendency to pat ourselves on the back, to say aren't we good, when we have in fact just been fortunate. Now here I want to introduce several themes in Australian history that I think are important: accident and self-help; boom and bust; wowser and larrikin; protestant and catholic.

Life in colonial Australia was just plain dangerous. Australian living standards may have been higher, life expectancy longer than England, but danger was still there. Apart from outbreaks of disease such as typhoid, accidents were common, the possibility of misfortune always there, help far away. This bred a self-help, cooperative attitude as people strove to build support and to help each other.

Australia's largest women's movement, the Country Women's Association is a later outcome of this. Just a simple thing, really: build rest-rooms in town so that country women and their kids in town have somewhere to go, to make a cup of tea, to talk to friends, to change the baby. Our entire volunteer tradition dates to this building and self-help period, as does our approach to collective action.

The concept of collective action is deeply embedded in Australian thinking. The union movement and indeed the Labor Party itself was one expression of this. The broader cooperative movement a second: friendly societies, building societies and cooperatives spread across Australia. 

It also led to a fairly pragmatic approach to government. Government was there to do things, to help build, to provide support, to fix things up. This was mixed with a genuine reforming ideology focused on social improvement. It came in flashes, but it was always there.

A moment ago I was critical of what I saw as the narrow nationalism of the Whitlam Government. We also need to recognise that that Government was a genuine reforming Government, one that wanted to do a lot in a very short space of time. Indeed, that desire was part of its problem, because it came to power after a long period in opposition with a large agenda just at the time that economic conditions were turning to the stagflation of the 1970s.   

It is my belief, I stand to be corrected on the evidence, that this volunteer, self help, ethos has been in decline since at least the eighties, maybe since the sixties.  Speaking as someone involved with voluntary organisations over the years, my recollection is that we started talking about the problem towards the end of the seventies.

I think that this can be traced back in part to the rise of individualism and self-expression in the sixties, with its rejection of things that attempted to control behaviour, to restrict freedoms.

In some ways I am a child of the sixties. I do not want to go back to the social rigidities of the 1950s, nor do I accept that individualism and self-expression (live and let live) are incompatible with either a self-help ethos or a volunteer spirit. My problem lies in my feeling that in rejecting the things that we did, we may have failed to recognise the extent to which prevailing social attitudes affect behaviour. If you reject one element, others suffer. In some ways, the sixties laid the basis for the me generation.  

This shift coincided with a second shift that reinforced the move towards a more individualist position along the collectivist-individualist spectrum, the rise of new attitudes towards the role of the state. In most developed countries the role of Government contracted, institutional structures were reshaped and reformed.

As one small sign of this in Australia, the great cooperative institutions that had been such a feature of Australian life were effectively privatised, providing one-off gains to members, but with very little recognition of the passing of an era. The Australian Mutual Provident Society, once a dominant feature of Australia's financial landscape, became just another insurance company. 

Boom and bust has been a second feature of Australian life. Australians know this, even take a sort of pride in it. What is, I think, less well recognised is the way it has affected attitudes.

During growth periods, Australians became more expansive, more outward looking. In busts, people turned in. Society became more conservative. Knowing that good times do end, Australians tend to party when things are good; this adds to things such as real estate bubbles, with the inevitable hang-over. I suspect that Australians are more obsessed with real estate than any nation in the world.

Within the cycle of booms and busts has been the constant presence of what the Australian marxist economic historian Ron Neale has described as the middling class. Ron described them in this way:

..petit bourgeois, aspiring professional men, other literates and artisans. Individuated or privatised like the middle class but collectively less deferential and more concerned to remove the privileges and authority of the upper class in which, without radical changes, they cannot hope to share.

Writing of his own early views, the Country Party politician David Drummond said that nothing would cause him

to accept that society was divided into 2 classes & 2 only. I knew that in between there was a middle class of decent law abiding people, farmers, graziers, small shopkeepers, & to a certain extent professional men. They were either self-employed or small employers but largely consisted of people who valued their independence and sought by hard work to build a secure place in society  they could sustain ...To the solid core of the "middle class" the unprincipled exploitive greed of employers was a loathsome as the destructive ill-balanced doctrines of extreme unionism.

Neale and Drummond are in fact describing the same group, one from the broader perspective of class and ideology in the nineteenth century, the second from the perspective of a farm labourer/share farmer in the period just before the First World War.

The key point about the middling class is that they were aspirational but constantly vulnerable even during good times. Some of the most radical as well as conservative Australian political responses have come from this group, as have enduring Australian concepts such as the dislike of banks so well expressed in the popular Australian movie The Castle.

  The middling class still exists, of course, but has I think shrunk in importance and influence. In its place we now have something that Australia has never seen before: a growing group of socially deprived people whose deprivation has become generationally independent of either boom or bust.

This really is quite new. Of course such cases have existed in the past. The thing I struggle with most at a personal level is that we have actually institutionalised this growing underclass. Worse, and this would not have been acceptable in the past, there appears to be a growing acceptance that this result is inevitable. We just have to manage the problem.

Larrikin versus wowser is the third theme that I want to look at briefly. Here again we have the apparent dichotomy within Australia that we saw with egalitarianism on one side, social conservatism and conformity on the other.

The term larrikin is used to describe the Australian folk tradition of irreverence, mockery of authority and disregard for rigid norms of propriety. The term wowser was applied in a derogatory way to describe those who wanted to impose religious and social morality on the community.

Today we live in a society that can be best described, to misquote Australian historian Geoffrey Blainey, as the triumph of the wowser. Larrikinism survives especially in the Australian sense of humour, but wowserism is dominant. However, it is a wowserism that has lost its soul.

  Early colonial society was male dominated, with men heavily out-numbering women. This is the world that Russell Ward believes spawned the Australian Legend. With time, there were more women and more families. The frontier with its male dominance kept moving out.

Two of the very best Australian local histories - John Ferrier's Colonial Armidale and Alan Atkinson''s Camden, winner of the 1998 NSW Premier's Literary award - trace the social transformation that resulted with the rise of the family.

Many factors contributed, including specially the various religious revival movements. However, the key was the need, the desire, to create a better environment for the family. Women played a key role here. The Temperance Movement was in fact the first Australian women's movement, one that actually redefined the role of women in colonial society. It may have been gender specific, the role of women in the home and family space was central, but it gave women power and a voice that had been lacking.

The Temperance Movement did believe in social controls, imposed limitations on things such as service of the alcohol that had been such a feature of Australian society, but moral reformation was central. Here the Movement joined with a whole series of other threads - adult education for example - all directed at social and moral reform.

The difference between nineteenth century wowserism and the modern equivalent, the reason why I say that wowserism has lost its soul, can be seen across a number of dimensions.

To the nineteenth century wowser, not that they applied that term to themselves, individual reformation was central, government action secondary. Today's Australia regards problems not so much as moral or social problems, although modern Australia can be very moralistic, but as something to be measured, assessed and then controlled. Essentially, we no longer believe in concepts such as moral or social improvement, even the idea of progress itself has been largely lost. Behaviour can and must be controlled for social good reasons, but the thought of active individual or social reformation seems strange in the extreme.

The last thread, Protestant vs Catholic, will finish this now long essay.

The term Anglo-Celtic has been coined in recent years to describe the "traditional" majority European population of this country. Past Australians would have found this term very strange indeed.

There is a common view in this country that Australia has been a uniform society. This is then contrasted with modern multicultural society with its proclaimed diversity. The reality is that that past "uniform" Australia had to manage a sectarian divide that was far deeper than today's divisions. That divide continues to affect Australian life. The Republican Movement itself is one modern outcrop, as is Australia's continuing secular society.

Modern Australian atheists deny the role of religion in Australian society. They actually struggle to understand the role of faith and belief.

At the time of the First Fleet, the England from which the fleet sailed still bore the marks of the religious struggles of the Reformation. The new colonial administration, all pragmatic men, knew that they could not simply transplant things such as the established Anglican church to the new colony. They had to deal with not just the Roman Catholics, but even more importantly with the extremely irascible and indeed tendentious Scottish Presbyterians with their infinite capacity for schism. This meant that the colony was, in an official sense, secular from the beginning.

Religion was important, but in its place. One side-effect that is, I think, little known is that NSW was perhaps the first place in the Christian world to provide Government support to Jewish schools as part of an overall financial package to support education.

The initial approach accommodated both the Anglican/Protestant majority and the Roman Catholic minority, as well as the minorities with other religions or with no religion at all. All this changed from the middle of the century with the Irish Catholic revival movement and the deliberate and successful attempt by Irish Catholic Bishops to assert Irish Catholic control over the Australian faithful. The result was a profound religious division in Australian society - the ghettoing of Roman Catholics -  that lasted until the second half of the twentieth century.

This division, and to my mind this was one good outcome, actually reinforced the secular trend in Australia. It also led to changes in Australian manners. Religion ceased to be a topic for discussion in polite society! It also laid the basis for acceptance of other faiths.

In this now very long essay I have tried to trace through some of the threads that have made Australia Australia. I hope that the argument is at least of some interest.