When Malcolm Turnbull took over as Prime Minister from Tony Abbott, at his initial press conference, he emphasised the importance of the rule of law. The Constitutional nightmare that we now have results from his complete disrespect for the rule of law. As many journalists have noted and particularly, Mark Kenny in his ‘Analysis article – No judgement and no answers: chaos engulfs the Turnbull government’ (The Age 27/10/17); Malcolm Turnbull decreed on 14 August
“The leader of the National Party, the deputy prime minister is qualified to sit in this house and the High Court will so hold”
Malcolm Turnbull as a supposedly ‘respected lawyer’ should have known that he was in no position to make such a statement about what the High Court would rule. He disrespected the convention in the case of Barnaby Joyce, but not Senator Canavan, that someone under investigation should be stood down. Therefore, he has precipitated a Constitutional nightmare, through his complete disrespect for the separation of powers and the rule of law, for political purposes.
Similarly, one can only wonder what the consequences might have been, if Barnaby Joyce, when acting as Prime Minister, had been called on to make a significant decision!
There would have to be questions as to the validity of any legislation that Barnaby Joyce has participated in, particularly in the current Parliament given the narrowness of the majority. For example, it might well be that workers affected by the ‘Penalty Rates Legislation’ will have a class action over the validity of the law. Similarly, the question of a Royal Commission into the banks.
This crisis also raises questions about the role of the Governor General, Sir Peter Cosgrove. He has signed off on legislation passed while members were still in the Parliament, although the validity of their seats being before the High Court. It could be argued that he should not have accepted Malcolm Turnbull’s stand on 14 August and insisted that those before the High Court should stand down until their status was made clear.
On one level, this is probably contrary to constitutional practice in that the Governor General is bound to accept the advice of the Prime Minister. But there is precedent for a different approach in the role of the Governor General in the dismissal of Gough Whitlam.
It will be interesting to see how we wake up from this nightmare.
It is wonderful news to hear that the most senior Muslim cleric in Australia, the Grand mufti of Australia, has flown to Jakarta to plead the lives of the Bali 9 ringleaders, Myuran Sukumaran and Andrew Chan.
The Grand mufti’s reasons enhance the implications of his visit. He said, quoted in the Age:
“On behalf of the Islamic community of Australia, we plead, with respect and humility, for mercy for the lives of two young Australian men, who have not only shown repentance for their serious crimes, but have rehabilitated themselves and indeed others” he also said that this plea for mercy and forgiveness ‘is the spirit of Islam’ and is central to its heritage, especially when there is true repentance.
The all out attack on the President of the Human Rights Commission, Gillian Triggs, since the public release of the report on The Forgotten Children, by some members of the Abbott Government, is deceitful politics at its worst. Accusing her of political bias does not seem to fit some of the most important facts, which seem to have been hidden by the smoke screen.
A lot of ink has been spilt over the seemingly imminent execution of Andrew Chan and Myuran Sukumaran, the two Australians on death row in Indonesia.
The Indonesian government has replied to the claim of their having double standards, where they plead for clemency for their own citizens facing the death penalty in other countries, yet will not respond to pleas for clemency for the two Australians, by quoting John Howard as thinking that the death penalty was appropriate for the Bali bombers. It is hardly the same situation and I doubt whether Australia actively pleaded for the Bali bombers executions.
The current Federal Government and in particular, the treasurer, Joe Hockey, seem to have learnt nothing from the current leadership debacle and the opinion polls that helped precipitate it. It is not so much about personalities as policies and the perceived lack of fairness in the government’s policies, particularly, the budget of May last year. Today, Joe Hockey is once again pushing for and warning of, budget of cuts this year.