All posts by Margo Kingston

The Democrats: Split on survival

What do you reckon about the Democrats these days? My state of mind on the matter is in a column in today’s Herald and below, followed by initial reaction from Alex Dunnin, John Bignucolo, Max Phillips, David Davis and Jenny Forster. To end, a detailed piece by Susan Brown, a former adviser to Democrats leaders Cheryl Kernot and Meg Lees.

First an apology. I forgot to put under the piece in the paper the disclosure that I own Telstra shares. That’s fixed for the online version.

I bought T1 shares because my father was an engineer in the Post Master General’s Department, which became Telecom – I think when Labor started corporatising it. He died before the partly privatised Telstra was born. My father was very distressed when engineers began losing their power to the accountants. In response he became interested in the ‘union’ – the Professional Officers Association – and sometimes went to Melbourne to argue the engineers’ case before the Arbitration Commission. It was a big step for him, as he was a Joh Bjelke-Petersen supporter.

My Dad was an early proponent of Optic Fibre cable, and fought hard to get it put in around the country. He invented the “Alcorn Capstan” to help lay the cable, and got into big fights with the accountants because he wanted to wrap the cable in a material that would last 100 years and the accountants wanted a cheaper alternative that would last a much shorter time. Cost before excellence, short term elevated above long term. And that was just the corporatisation phase,

There’s a couple of good pieces in the Australian Financial Review today about selling Telstra.

Alan Kohler, the most clear-sighted and thought-provoking finance writer in Australia in my opinion (sorry Alan), argues that the proceeds of sale should go to an independent body to decide – after public submissions – what public infrastructure to spend it on, free of porkbarrelling. He notes that it’s ridiculous to sell Telstra before we are convinced the proceeds will be well spent. We were told Telstra sale proceeds would retire government debt, but now we know that would reduce that debt too much, destroying the bond market. So now Treasury wants to keep the debt, and invest the Telstra proceeds in a share fund.

Crazy! Government is there to spend money on long term projects of benefit to the Australian people, including children and future children. That’s what it’s for, whether it builds national infrastructure or saves the Murray River by itself or in partnership with private enterprise. The market doesn’t do the long-term stuff.

I sometimes wonder why some of our political ‘leaders’ wanted to go into politics if their aim was to hand over responsibility for everything to people who aren’t elected by us.

In a letter to the editor, Philip Henty of Canterbury in Victoria wrote:

“Darryn Abraham of Access Economics … hits the nail on the head when he says that in working out the value for the sale of its remaining 51 percent stake in Telstra, the Federal Government should be thinking about maximising the returns to the country as a whole, over time.

“This approach would, of course, require the government to present some hard data on costs and benefits, together with reinvestment options to support this major capital allocation decision.

“Further, in line with Abraham’s advice, it would mean that the Government would need to present a comprehensive argument reflecting the triple bottom line approach to the sale encompassing social and environmental impacts and including a regulatory package. It’s the sort of basic process companies have to undertake every day of the week.

“Unfortunately we are unlikely to see these arguments presented. Transparency and financial rigour in the Government’s micro-economic management is increasingly in short supply.

“…Taken as a whole, the sheer scale of, and lack of rigour and transparency applied to, recent government spending and asset management decisions indicates a significant deterioration in micro-management. Poor quality decision making inevitably ends up affecting the macro position, as it does with any enterprise.

“The lack of critical argument presented for and against the Telstra sale is truly staggering.”

Indeed, but why should the Libs bother with all that if the Opposition won’t make them? Total opposition to the sale without putting the government to proof and demanding details of what the proceeds will be spent on and how before the Senate vote is an abdication of Labor’s responsibilities. Labor should listen to Meg Lees and learn something. She says we should sell if the government can PROVE it’s in the public interest to do so, and that judgement can only be made when the government reveals what it will do with the proceeds. It should set out the parameters of its answer to that question BEFORE the horsetrading is done in the Senate to buy votes.

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Removing Lees is essential to Democrats’ survival

By Margo Kingston

In the beginning there was Pauline Hanson, whose power climaxed last year with Tampa. Now the fallout: the transformation of Australian politics to accommodate the new climate.

Lefties are deserting Labor for the Greens. Their backs are to the wall – on state ownership, unionism and social policy – and they want to dig in and just say no. The Greens know which side their bread is buttered on – their leadership rejected Bob Brown’s push to sell Telstra in exchange for an end to logging of old-growth forests because economic leftism is vital to keep growing the voter base.

Labor doesn’t believe in what it used to and hasn’t worked out what it does believe in that’s any different from the Liberals. The Liberals shed their small “l” credentials in favour of big brother social conservatism, indifference to human rights and a radical dismantling of the state in favour of the market.

And the Democrats?

The public split between their former and current leader is about where the Democrats can profitably position themselves in the new political marketplace. Where is the significant gap the Democrats could credibly fill?

The answer is obvious. There is no party representing free market policies balanced by concern for the human cost, environmental responsibility and progressive social values. Voters of this mind – Liberal- and Labor-leaning – are disenfranchised.

This is the place for the Democrats in the new politics. It is why former Liberal Greg Barns has joined the party. The left won’t forgive the Democrats’ GST deal. The voters they could get – social progressives who, for example, would like to see Telstra sold in return for some big-spending repair and conservation of our natural environment – are frustrated by Natasha Stott Despoja’s hard-left economic stances.

It’s no accident that the issue dividing the Democrats is Telstra. There’s a good argument that we were lucky Telstra stayed in majority government ownership during the tech boom, because it couldn’t spend up too big.

But now, with telecommunications companies around the world in ruins and Telstra well placed to pick up great assets at fire-sale prices, it’s time for the Government to sell out and let Telstra grow. Unless, of course, your constituency sees opposition to the sale as a bottom line.

The Democrats were born of a Liberal split when Malcolm Fraser ruled. They developed a Labor lean during the years of Labor power, and began to lean back under the Liberals when Cheryl Kernot did the deal on industrial relations reform.

The Democrats appeal to voters who want to avoid the excesses of absolute power by either side, who want to see longer-term concerns included in debate, and who want governments to prove their case for change on merit. Voting Democrats is not a radical act, it is a vote for the middle ground.

A period of calm after the leak to crikey.com.au of Meg Lees’s incendiary letter to the Democrats “compliance committee” has ruptured, and Lees’s expulsion is again on the cards. In my view, her expulsion would be good for the party and for Australian politics.

In the new Senate, the Government needs the Democrats or four of the other five senators to pass a law. Sack Lees, and the Government needs four of six.

Lees is a great cost-benefit deal-maker. If expelled, she could exploit the Democrats’ rules that senators have a conscience vote on every issue and swing the Telstra vote by attracting supportive Democrats senators once Howard offered her a deal on sale proceeds. Lees could effectively hold the balance of power in the Senate.

In this scenario, Stott Despoja’s leftie wing of the Democrats – which failed so woefully in the head-to-head with the Greens at the last election – withers and becomes absorbed into the Greens. Lees leads the rest into a viable alternative for small “l” Liberals and “Third Way” Labor voters.

Maybe Lees is thinking the same way. Sack her now, Stott Despoja, and the Democrats could mutate and survive as a powerful political force. Keep her on, and the Democrats could die.

Disclosure: The writer owns Telstra shares

***

Alex Dunnin

Very simple yet profound piece in today’s Herald. I think you’ve nailed the real game that will emerge – indeed I met an apparently influencial labour sympathiser who suggested as much, though obviously from the view that the union links are holding them back and so the whole 50:50 debate is irrelevant.

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John Bignucolo

I read your analysis of the dynamics of the Australian Democrats’ impending breakup with interest. One aspect of the analysis that concerned me was your characterisation of the Greens as a refuge for desperate, disenfranchised, and determined left wingers. I wish it wasn’t so, but I think you’re right.

I stopped voting for the Labor Party some elections ago and switched to the Greens, precisely because of their environmental policies. Not because they opposed privatisation and not because they objected to the Howard government’s border protection policies. There is a danger here that the Greens are going to lose focus and forget why they established themselves in the first place.

The notion of the Greens – founded on the notion of “It’s the Environment, stupid” – being hijacked by rebadged Trots and Sparts is a depressing one. However, it’s an observable phenomenon. One can see it in faded billposters for “Green Left Weekly” or in the sandbox of university politics.

Bob Brown’s suggestion that the Greens consider trading the sale of Telstra for the end of logging in old growth forests is exactly what I would want an environmental party to pursue. Whatever the merits or otherwise of the public ownership of Telstra, it has didly to do with the environment. However, the executive of the Greens chose this over the forests. This does not represent a good outcome for the environment.

I’d be really happy if all those grumpy, dismayed leftwingers engaged in a little truth in advertising and went off to form their own party instead of co-opting and debasing the Greens’ founding principles.

***

Max Phillips

I disagree with you on Meg Lees and the Democrats. Firstly, if, as you argue, Telstra has benefitted by being majority state owned, why should it be sold now? You say they can benefit from a fire sale of international communications assets? Why do we need Telstra to become another megalomaniacal global communications-media corporation?

Why can’t it be simply be a telecommunications company *servicing* Australia? Do the people of Australia really need to endanger their telecommunication services, and sell off a national asset, to let some overpaid boys in suits play takeover and merger games?

Secondly, you advise Lees to split from the Democrats and become independent, and then hypothesise a scenario where “Lees could effectively hold the balance of power in the Senate”. When people vote for the Senate, they vote for a party – around 96% vote above the line.

In my book, a Senator who resigns from their party should vacate their seat for a nominee from their former party. This principle was true in Mal Colston’s case, and should hold true for the Lees scenario – especially as the Democrats pride themselves as a grass roots democracy party.

If Lees wants to be an independent senator, she should run for the Senate as an independent next election. She is welcome to make the sale of Telstra a plank in her policy platform. It would be interesting to see how many votes she would get.

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David Davis in Switzerland

Under either of your scenarios, Stott Despoja ends up on some sort of scrap heap (ultimately). This is where she belongs. It’s a war of ideas and she’s lost it. She can’t compete with Labor or Liberal and as you rightly point out, she can’t even compete with the Greens with her kind of policy agenda.

The Democrats would be better off if they went back to where they started, as a kind of honest, realistic policy broker. Constantly throwing tantrums and saying no to everything is not being an honest broker, it’s being a waste of space.

Someone like Meg Lees is the only one who could convince disenfranchised “small l’s” and other variants of “third way” voters to choose the Democrats. Lees has proved in the past that she is very smart in making great gains for her party. She has actually implemented some of their policies and made a Democrats mark on the country. By being prepared to horse trade on the GST, she did more than be involved in a perpetually meaningless talkfest. She actually had substantial impact.

Politicians and parties should be measured by the impact they make. They are lawmakers in the end so you have to judge them by how they impacted legislation. A lot of the other stuff is fluff and bizarre pantomime.

Kernot has long made a lot of noise about the adversarial nature of Australian politics. That’s the system, or is it? Lees proved that you can work the system to achieve quite unexpected outcomes. You don’t see Lees walking around making shrill announcements and talking garbage. You just get the impression that she’s smart and a hard worker who can get things done without a lot of fuss.

Until she is back, I can’t imagine a single small “l” person being attracted to vote for the Democrats*. Why would they be? Instead of trying to be all things to all people it strikes me that the Democrats are trying to be nothing to nobody.

Trying to be sacked is rather Machiavellian. Successful Machiavellians are far more interesting than the ones who botch it up or do it so obviously that they some how lose the Machiavellian nature of it in the process! The dark horse prepares for another run and my money is on her. Meanwhile the show pony returns to the stable.

* Greg Barns excluded I suppose!

***

Jenny Forster in Sydney

Cathy Bannister makes a good point in Weighing in on ‘The Affair’ (July 8):

“If Meg Lee’s GST deal, which seemed oh so sweet at the time, is a prime example. What has happened to the $400 million to be spent on the Greenhouse Gas Abatement Program? Well, firstly the Australian Greenhouse Office (who administered the program), didn’t approve funding of most proposed projects during the first year, on the (ludicrous) grounds that only projects that are not commercially viable were eligible. (Naturally, those that were not commercially viable tended to be dogs, thereby being also ineligible for funding. Catch 22.)

“And this year, the whole $400 million kitty has been swallowed back up in defence and border protection. So poor Meg’s brilliant deal was for nothing.”

Could the green lobby and the Labor Party please note what Cathy says. It seems that Howard is now hell-bent on selling the rest of Telstra at any old (low) price to appease the “mums and dads”, as share purchasers are referred to in Howard’s picket fence Australia.

They lost on T2 and he will see them right this time. With Telcos in tatters world wide it is the worst time to sell to get a good price. The suggestion is that Telstra can scoop up some of the Telco corpses at bargain rates.

Bob Brown almost accepted the carrot of a payment to the environment but was reeled in by the rest of the party. We can all see the need for a lot of money to halt the spread of salinity , stop logging of old growth forests and seed companies who want to produce wind products and energy as a renewable resource.

What Howard is going to do is weigh Telstra on one side of the scale and the environment on the other then call the Greens and Labor for environmental delinquents in the parliament/press if they object. Anyway, have they stopped beating their mother?

By the time the public wakes up to the fact that the environmental money from Telstra 3 has gone on the army/navy/airforce/border control/war in Iraq Howard could be in retirement travelling the world on his gold card. Did someone say Teflon?

***

Mr Howard, the number you have called may just be connected

By Susan Brown

Disclosure: Susan Brown is a hack and sometime flack for The Brisbane Institute. She is a North Queenslander who worked around Australia before acquiring a degree in social and environmental policy from the Royal Melbourne Institute of Technology. After working in the Mines Department of Victoria and for CSIRO she became Coordinator of the North Queensland Conservation Council just as the Port Hinchinbrook development hit the headlines. Australian Democrat Leader Cheryl Kernot head-hunted her as an adviser. When Cheryl defected she became a senior adviser to Meg Lees. After six years of heady parliamentary life, including being part of the GST team which got more than one billion dollars in new money on air pollution and transport initiatives, she left to look after two sons.

Talk about a mixed message. Queensland Democrat Senator Andrew Bartlett is busily celebrating the virtues of a party that embraces difference and where Senators vote as their conscience dictates, and his leader is running around calling for a united front and saying “disunity is death”.

Party polls have dived to their lowest levels in recent memory and the party is struggling to overcome obvious differences in approach to some big ticket government agenda items.

On Telstra, varying combinations and permutations of Democrat Senators nationally are either open or closed minded on the issue, depending which newspaper or radio you listen to and what time of day it is. And former leader Meg Lees is facing party disciplinary proceedings that look like an uneasy cross between a firing squad and a counselling session.

It is instructive to recall Don Chipp’s 1980 address emphasising the Democrats having a conscience vote on each issue as the Democrats gained balance of power the first time. “We’ll bring a refreshing change by voting as each of us see the issues as they affect our electors – not obeying a combined Trades Union monolith or a multinational consortium, or even a political party hierarchy, but to you, the Australian people.”

Since then, Democrats mostly vote together but until now it has been acceptable to split on various issues. ABC radio presenter Steve Austin reminded his audience that Democrat Senators had recently split over the republic vote, gaming legislation, euthanasia legislation and even the GST.

The constructive versus obstructive approach is a way of assessing different styles of Democrat leaders. While many journalists paint the difficulties between Lees and Stott Despoja as a cat fight, or the bitterness of a deposed leader versus the inability to be inclusive of the new leader, the problem is deeper than that.

Of course there is something in the shallow interpretations. Lees (and a number of other Senators) are grumpy at being shut out, tightly controlled and given scant resources. But that isn’t the whole story.

There is an ideological difference in Democrat Senator and leadership styles. Crusaders for progressive policy and true reforms in the way we deal with each other, our economy and our environment are passionate folk and they have different approaches.

In parliament and the media, Stott Despoja is mostly in protest and block mode.

This gets to the heart of the matter, declaring or delivering.

In Germany the Greens are described as fundies or realos. The fundies (or fundamentalists) would rather get nothing than settle for less than 100% of their ask. The realos are prepared to settle for a continual process of getting incremental gains in their direction.

This starkly demonstrates the difference in Australian Democrat leadership style, Stott Despoja talking it up publicly but delivering little practical gains for the party in Parliament is a classic fundi. She is competing with Federal Parliament’s other fundi, Senator Bob Brown. In this battle, he has all the advantages.

Indeed, she is following in the footsteps of her mentor and the other notable Democrat fundi leader Senator John Coulter. He led the party to their worst ever election mauling.

Under Stott Despoja, the Democrats are abandoning their claimed ground of reasonableness, fairness and balance to brawl with the Greens. And the grass roots activism based Greens won’t lose this ground.

Lees was a realo type of leader, who accepted the people chose the Government, and worked with the Government and opposition of the day to get tangible outcomes in progressive policy delivery and spending initiatives in the Democrats areas of interest. And like her realo predecessors of Chipp, Haines, and Kernot she delivered – with massive spending programs and hundreds of significant amendments to legislation.

One of the problems for the Democrats is the tension between what Democrat members want and what Democrat voters want. While the party is viewed as being leftist, many of the voters are small ‘l’ liberals. Sixty percent of Democrat Senate voters used to direct their House of Representatives votes or preferences to the Liberals.

The large vote in the upper house from major party voters in the lower house was a form of third party insurance. I want a major party to be in government, but I want some form of check over them was the thinking behind the votes. There was a real resonance in the old slogan “Keep the bastards honest” while new slogan “Change politics” does not seem to be resonating anywhere much.

With a claimed rise in younger membership under Stott Despoja, members are probably more idealistic and fundi while votes are probably more pragmatic about the reason they want the Democrats there. The leader, as with any party leader, has a difficult and delicate path to tread between these competing needs.

Under Lees leadership, when Stott Despoja indicated she would not vote for a GST in any form she was not hassled in the party room. She was not stopped from speaking publicly about it, she was not harassed by the National Executive or referred to the National Compliance Committee. None of the leader’s spin doctors were tramping the press gallery whispering about expulsion.

This illustrates both a maturity in the former Lees leadership and an immaturity and intolerance in Stott Despoja’s. Intolerance is another fundi trait.

Another poke by the National Compliance Committee to Lees earlier this week received another public outburst from her on Telstra and another flurry of media activity focussing on Democrat fights. Stott Despoja moved to quell it, saying the argument was between the party and Lees and had nothing to do with her. This is as accurate as her claim that she and her staff were not running the leadership spill out of her office.

Deputy Leader Aden Ridgeway unhelpfully said that he too could make his own mind up on things, saying the party should keep an open mind. He isn’t the only one to think this according to more media stories listing other Senators also thinking for themselves, so the National Compliance Committee may soon have their hands full.

Queensland Senator John Cherry is very firm about the prospect of a Telstra sale: “All Democrat Senators said they would vote against the Telstra sale in this parliament when we went to the last election. Beyond that we can’t bind the party or ourselves for subsequent terms.” Cherry points to the huge financial, regulatory and service issues and says he can’t see how the Howard Government having the will to sort it out. Reminding us that Howard lost around $5 billion in the first Telstra sale, he estimates current share prices would see a $5-10 billion loss this time.

“I can’t see how the Government could make a Telstra sale acceptable this term,” he says.

The Government senses a split in the air, and is moving quickly to exploit it.

SIEV-X revisited

Webdiarist James Woodcock writes: “There seems to be a third group of Webdiarists who do not give a flying fig either way! Cheryl had her 15 minutes of fame and we all talked about it for another 7 1/2. Now lets get back to unthrown children, anti terrorist laws, the third way, missing boats, economic rationalism and what Senators do on the Senate floor, not in their bedrooms.”

Yes, yes, I agree, but professional introspection on Cheryl takes its toll! First some SIEV-X, then a John Wojdylo piece on the state we’re in.

The SIEV-X inquiry resumes tomorrow with the Australian Maritime Safety Authority, the commanding officer of defence force intelligence, the federal police and the spooks at the immigration department in the dock.

The defence force SIEV-X submission, finally released on Monday, was a big disappointment. Apart from the maps I’ve already put up, we got a scanty ‘declassifed intelligence summary’ which told us less than previous evidence, apart from a couple of defence force intelligence summaries – one right and ignored, one wrong and acted upon (in the sense of doing nothing, as always).

The summary of surveillance is basically the same as Hill’s briefing to The Australian (see Waiting game on SIEV-X).

There’s no discussion of why defence took no special action to find SIEV-X or of its decision-making processes. It’s hard to understand why Defence Minister Robert Hill’s covering letter claims the submission “will be of use to the committee in rejecting the spurious allegations that the Australian Defence Force turned a blind eye to the plight of this vessel.” Eye of the beholder, I guess – to me it proves the opposite. Still, it’s nice to see the increasingly unsubtle Hill telling the inquiry what to think. He’s almost as unsubtle as his chief-of-staff Matt Brown, who last week asked the inquiry secretariat to fix an error in the submission so “the nutters” who didn’t believe the defence force was squeaky clean on SIEV-X wouldn’t get ideas.

Keep it coming guys – sneering arrogance is a suitably stupid weapon to convince people of the merits of your point of view.

We’ve put the defence force SIEV-X submission and Admiral Geoffrey Smith’s famous May 22 retraction letter to the inquiry in the right-hand column of Webdiary.

Here’s my preview piece on the submission which appeared in Saturday’s Herald.

Navy warned that doomed boat was overdue

By Margo Kingston

While survivors of an asylum-seeker vessel were in the water hoping for rescue, the Australian Defence Force was warned by its own intelligence unit that the boat was behind schedule, but failed to actively search for it.

The Defence Force intelligence assessment suggested that the doomed boat would be delayed and not arrive as expected in Christmas Island the next day, a submission to the Senate reveals. The boat sank with the death of 353 people, including 150 children during last year’s federal election campaign.

The Defence Force’s Northern Command (NORCOM) intelligence summary on October 20 said SIEV-X’s progress would be delayed because it was overcrowded and needed to maintain stability, the submission reveals. A slow passage was therefore likely, the intelligence assessment had said.

The Herald has obtained information from the Defence Force’s submission on SIEV-X to the senate children overboard inquiry ahead of its release on Monday.

The revelation contradicts claims by Admiral Geoffrey Smith, the head of the border protection operation, Operation Relex, that intelligence reports at the time merely reported “alleged departures” and were not firm enough to require action.

The submission shows that Admiral Smith also did nothing to search for SIEV-X two days later on October 22, when Coastwatch again confirmed SIEV-X’s departure and issued an “overdue alert”. He appears to have relied instead on a NORCOM intelligence assessment that the vessel had returned to Java because of unfavourable weather and overcrowding.

The Herald has been told there is no explanation for NORCOM”s assessment, which contradicts a personal warning from a concerned Australian Federal Police officer in Indonesia that morning that SIEV-X was overdue and very overcrowded.

Admiral Smith never deviated from his refusal to actively search for SIEV-X on October 18, when AFP intelligence reported its departure and other intelligence reported that it could be in poor condition and need rescue at sea. He is expected to be closely questioned on this decision when recalled to give evidence.

The ADF is believed to have told the Prime Minister’s people smuggling task force – beginning on October 18 – that it was searching for SIEV-X in accordance with its standard practice on the receipt of reliable intelligence reports on departures.

In a covering letter to the children overboard inquiry, the defence minister, Robert Hill, insisted that the submission torpedoed allegations that the ADF had turned a blind eye to the plight of SIEV-X. But the surveillance maps attached to the submission show the navy never altered its routine surveillance to search for SIEV-X.

The Defence submission denies suggestions that because the boat was overcrowded on its departure the ADF was duty-bound to begin a search and rescue mission when Coastwatch assessed it was overdue. Defence’s reasoning was that it believed SIEV (suspected illegal entry vessel) crews had previously displayed a reasonable level of maritime proficiency.

And Senator Hill has still not given permission for the head of the defence force task force set up to assist the inquiry, Admiral Raydon Gates, to give evidence about the submission and his review of all intelligence reports received by Operation Relex before and after SIEV-X sank.

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Sentenced to the Psychiatric Hospital

By John Wojdylo

In June last year, a woman I know very well was taken to hospital because she was anaemic. She thought she was only going in for a few days. But the days, and then the weeks, went by, and the doctors would not let her go home, even long after her strength had returned, even though she said she wanted to. She tried to explain that with a bit of help, she was quite capable of taking care of herself. But they didn’t believe her. They kept her there against her will.

She began to believe this was for a sinister reason – that she was effectively being imprisoned. But what was the reason? A list of motives went through her mind. She did not have the social graces to keep these suspicions to herself – after a lifetime of dispossession (she had lost everything three times in her life), she was unable to muster trust of authority anymore. And – as is typical with writers – she had always been a bit eccentric: you’d have to know her well to see how sharp she was, and that she was actually taking the piss out of you. She had very few friends, and lived alone for virtually 30 years, keeping her kind of integrity utterly uncompromised.

She caused embarrassing scenes at the hospital. Eventually the medical staff – at the initiative of an aged care worker – declared that she was not of sound mind, and incapable of making her own decisions. The objective, medical decision was legally binding.

Yet none of the people who judged her had spoken to her. That’s because they don’t know her language. They only reacted to how she was acting, and the three or four words they understood – and these, admittedly, sounded pretty odd. They acted purely upon observation, not once engaging with her, to find out her point of view, to see what sense she could make, to see if there was, after all, logic in her actions.

How ironic that this threat, accompanied by incarceration in a psychiatric hospital, was precisely what sane people faced under decades of communist rule in the Eastern bloc. It was the fate of Varlam Shalamov before his death in 1982, whose writing had inspired Solzhenitsyn’s “Gulag Archipelago”. And how ironic that it would be in free Australia where it finally caught up with some of them.

Her health went downhill very fast after that. She lost the will not to compromise, and gave herself up to the constant presence of others. I hear she sleeps most of the time now, and barely ever says anything to anyone.

If I had to pick out the current of our society that has made the deepest impression on me in these last 12 months or so, it’d be the following.

After offering our help to people, or putting down our guard and opening ourselves up to them – after exposing our vulnerability – if we feel we’ve been tricked by them; or that they have acted dishonestly in any way in getting our attention, irrespective of the circumstances; or if we decide that they somehow deserve their fate because of their past misdeeds; or that they are “pathetic” and therefore bring their fate upon themselves; then these people will cease to exist in our eyes, even if the lives of hundreds of them are put at risk in treacherous seas by circumstances beyond their control.

Instead of addressing their words – what seem to be completely plausible reasons they give for their actions – we ignore those people absolutely, and retreat into our space, into selfish concern for our own peace of mind, or into pursuing our own naked ambition, to profit from misfortune. By ignoring their side of the story, in not making the effort to compare their version to the known facts, we deny the process of exposing a possible lie – empty circumstantial evidence contributes nothing to the truth – and we must thereafter live with half-baked suspicions, sooner or later, depending on how weak we are, succumbing to our prejudices.

We fan the sparks of prejudice and populism into wildfires that cause untold misery to the innocent and enslave us all. We condemn our society to being one great lunatic asylum, where individuals at all levels – especially teenagers and young adults – are absolutely disempowered, feeling they do not and cannot exist in a society that won’t grant them the basic dignity of at least acknowledging their presence.

The assertion that the recent hysteria was just about two politicians and their families (or the “integrity of the political system”) would be laughable if it wasn’t so tragic.

It’s astounding how easily we dismiss the existence of others; and that this could even be so, in Australia in the 21st century, because we are a deeply puritanical people.

An affair to remember

To wrap up Webdiary’s coverage of The Affair, some Webdiarist statistics. Then my column this week for The Echo newspaper in Lismore and a piece by its editor Simon Thomsen, who thoroughly disapproves of Laurie’s decision to publish. To end, former executive member of the WA Democrats Brian Jenkins replies to Senator Andrew Bartlett’s version of the coup against Janet Powell (see Rights of reply).

Of the emails published, regular Webdiarists split 50/50 on whether it was right to publish, while irregulars and newcomers voted NTP 16 to 12. Female Webdiarists were heavily skewed to the NTP case, 11 to 3.

The closeness of the result does not mean Webdiarists don’t reflect the mainstream. When people got the news last Wednesday night on TV and Thursday morning in the papers, only those outraged by the disclosure would have rushed to their computers or the phone to comment. The next day, once people read that initial public opinion was overwhelmingly against publication, those who supported it would rush to their computers and phones. Still, my guess is that like Webdiarists, the Not For Publication people are in the majority. Here’s the Webdiary list, and the main arguments on both sides.

DON’T PUBLISH

Regulars: John Wojdylo, Brian Bahnisch, Peter Woodforde, Sean O’Donohue, George Ooi, Susan Metcalfe, Simon Thomsen,

Others: Bernadette Neubecker, Jim McKenna, Debbie Jeffrey, Richard Hand, Jenny Forster, Paul Kilborn, Laura Taylor, Fergus Hancock, Kylie Ann Scott, Felix Davis, Sue Corrigan, Harry Lawrence, Hannah Maria, Libby Werthein, Rosemary Cuthbert, Gloria, .

Main points:

* affair revealed only because Kernot’s a woman/sexist assumption she was influenced to change parties by the affair.

* thin end of the wedge/crosses the rubicon/ the beginning of big brother journalism

* it’s not relevant

* no causality to public affairs proved

* it’s history – neither are still in politics

* Laurie was motivated by revenge

* don’t want to know

* Kernot betrayed Labor – she deserves what she gets

* the focus on private lives means less focus on important matters

* disclosure damage to the families, especially children

* why should the media play God – we all live in glass houses

* the media should have disclosed it when it WAS relevant.

PUBLISH

Regulars: Robert Lawton, Cathy Bannister, David Davis, Jozef Imrich, Hugh Bingham, Noel Hadjimichael, Greg Weilo

Others: John Carson, Cynthia Harris, Peter Hannemann, Sue Deane, Stuart Mackenzie, Dominic Puiu, Craig Schwarze, Marcus Bosch, Julian Harlow, Ron Jones, Rob Reeves, Ben Furby,

Main points:

* writing a memoir invites scrutiny

*attack others and you risk counter-attack

* it’s a relevant fact in the story of the defection/ both were influential public figures.

* clear conflict of interest while Cheryl Democrats leader and Gareth Labor Senate leader.

* Cheryl’s hypocrisy re former Dems leader Janet Powell

* clearly had an impact on the course of political history

* Gareth turned the affair into a matter of public interest by lying to Parliament about it.

* Cheryl denied she had a big secret, a lie.

* sexist claims are rubbish – Gareth has lost the most since disclosure.

***

What if…

Would I have exposed The Affair? Like many journalists, I’ve been soul-searching since Laurie Oakes did, and my answers are all over the place.

The first time Kernot provoked consideration of the convention against disclosure of private lives was just after her defection, when rumours of an affair with a youth at a school she had taught at jumped back to life. Everyone in the Canberra bureau of the Herald and elsewhere in the press gallery refused requests by head-offices to chase the yarn. It broke when Herald writer Paul McGeough in Sydney got the job from editor-in-chief John Alexander.

The next big test came in March 1998 after a Parliamentary attack on Kernot by Liberal Don Randall. She had “the morals of an alley cat on heat” and “we often wonder” whether her affections extend to Gareth Evans.

Kernot, who to my knowledge was not asked about the truth of the allegation, said of Randall, “Australians will reject personal viciousness as a substitute for policy”. Evans, also not asked, denied the affair in Parliament.

As a member of the press gallery, I knew of speculation that the pair were lovers. But even if Evans had not issued a denial, I think the gallery would still have taken the angle it did – to focus on what Howard would do. He ordered Randall to apologise, saying: “I have never approved of attacks being made on people’s lives – it has no place in public life in this country.”

At the time I did not consider whether it was in the public interest to disclose an affair between the pair. I assumed that the public interest was in not discussing such topics publicly.

There is another factor here. Say I’d wanted to make the affair public. I had no evidence, and would get denials or no comment if I questioned the alleged lovers. To get proof I’d have had to act as private detective, perhaps following one or the other. This is distasteful, not within the job description of a political journalist, and not a good use of time compared to other issues I could be chasing.

The debate about whether Laurie – or any of us – should have published earlier overlooks the fact that no-one had evidence.No responsible media group would publish on rumour, and no-one did when Laurie referred to Cheryl’s big secret in The Bulletin. Only crikey.com rushed to reveal the secret before Laurie produced his evidence on Nine’s 6 o’clock news. (Crikey’s editor Stephen Mayne can wax lyrical about the purity of his motives all he likes, but he did it for commercial reasons – to get noticed and get more subscribers. The emergence of such sites, which specialise in anonymous pieces alleging scurrilous activities, will make it harder in future to observe the privacy convention.)

Without evidence of the affair I wasn’t going to chase it. But what if I had evidence before the defection? I wrote in Webdiary that I would not have published unless I also had evidence that the affair had effected the judgement of Cheryl or Gareth in Senate negotiations, and was roundly scorned by several Webdiarists. Their point: it is for the public to decide whether the affair has effected public policy, as the affair itself is a relevant fact for the public to know. And as Brian Toohey has pointed out, the fact that both participants were married with children and both kept the affair from their families, meant Evans in particular, as foreign minister, was ripe for blackmail.

I’ve changed my mind on this one. In future, if I have evidence that two powerful political figures not in the same party were having an affair, I would publish without proof of causality. But if I had no evidence I would still not chase it.

Similarly, if I had the evidence of the affair I would have immediately published on Cheryl’s defection, published without hesitation when Gareth lied to Parliament, and published after Cheryl’s book, which in my view is amounts to a blatant lie by omission.

I support Laurie’s decision to publish, but like him, persist with the view that private lives should be off-limits unless they impinge or could be perceived to impinge on the performance of public duty. This is what I wrote when John Anderson opined a couple of years ago that “I’ve never understood the difference between private and public: If a man’s family can’t trust him, why should the nation?”

“The rule is part self-interest – who among political journalists can afford to cast the first stone? A general ban on private life stories also gives politicians more confidence to relax with reporters off duty, allowing a smoother flow of background information. It also allows reporter and politician to be human with each other.”

“But the rule serves a public interest too. It’s use has avoided the domination of politics with sex scandals, as in the US and Britain. And everyone knows wowsers who make terrible politicians and miscreants who are brilliant at the job.”

We haven’t crossed the Rubicon. We’ve just had a big conversation about the boundary and where it is and why it’s there. The public has forced us journos to examine our assumptions, and told us where they stand – like us, on both sides of the Kernot/Evans fence. But by overwhelming majority we agree there should be a a fence somewhere.

***

From the editor

By Simon Thomsen

I agree that many people say “That’s disgusting, now tell me more…’, but to me that’s the point. This isn’t about some deep truth as a public interest story, it’s simply an exercise in salaciousness. The Sun Herald’s‘love nest’ yarn is the natural distillation of what is basically a tabloid/women’s mag yarn.

But suddenly the high brow journos like David Marr are going ‘tut tut’. Hasn’t anyone learnt what happens after you open Pandora’s box?

Otherwise, how do you explain the anomaly between the minimal media interest in the launch of a big long whinge few people were going to pay any attention to – the key rationale to Laurie’s bean-spilling – followed by three days of front page, plus a special news page with endless analysis (well, speculation really, full of sound and fury, signifying nothing…).

And most of the debate turns into an exercise in naval gazing – should we/shouldn’t we – so that shagging is reduced to nothing more than a chance for the media to contemplate its news values. (Margo: That’s better than chasing down the salacious details of the affair – which very few in the media have done.)

Some tried to get caught up in the lying thing, but if the Coalition tried to capitalise on that, you can bet Latham would be in there next session putting bonking questions to members in an effort to get them to lie – and thus be forced to resign as ministers.

Now that would be almost as much fun as making Bill Harrigan the Speaker!

Given that the national capital is home to the porn industry and a shagfest for those around the parliament, perhaps the most pertinent contribution the columnists who’ve waffled on looking for meaning could offer would be an understanding of how and why you end up screwing the most inappropriate people.

PS: Don’t think I’m not sitting here giggling at my own double-standards in hoping for a Cheryl piece from you. Perhaps I should drag out the photo I took of her holding a Feral Cheryl doll (I still remember her acceding to my request while complaining, “I’ll probably regret this”. I didn’t publish the shot).

Margo: How about publishing the Feral Cheryl shot next to my column?

***

Debating history…

By Brian Jenkins

Senator Andrew Bartlett wrote: “The decision to initiate the petition of members [to depose Janet Powell] was made by the party’s [Qld] State Council, not by the Management Committee. This body had around 20 members at the time. It was chaired by the then-President John Woodley (who was not a Senator at the time). State Council was not made aware of any relationship between Janet and Senator Sid Spindler. Neither the Management Committee or State Council ‘conspired to get rid of Janet and get Cheryl in as Leader’. This is self-evident as Cheryl didn’t get in as Leader after the Leadership ballot.”

The petition originated in South Australia, not Queensland. I learned about it and was urged to promote it in WA by a male member of John Coulter’s staff. (SA Senator John Coulter later beat Powell for the leadership.) I immediately phoned Janet and warned her, after which the action was apparently laid to rest for a few months.

Later, it resurfaced in a letter from the former SA preacher and party apparatchik Rev John Woodley, who had moved to Brisbane and was writing to all divisions in his new capacity of Queensland divisional president. The letter advised that the Queensland State Council had endorsed the petition and asked me (as WA divisional secretary) to initiate commensurate action by my own State Council.

In my view, this was an unprecedented and improper way to advance a members’ petition, and I merely reported it as an item of correspondence. The WA State Council decided to take no action on Woodley’s request. It is a great pity that Bartlett and his Council did not act in the same way, though the pressures in and upon them were very different. WA had no Senators, relatives or staffers on its State Council.

Senator Bartlett is correct that Janet’s private life was not at issue in the original petition. Nor, for that matter, was the question of excessive overtime by a staff member. The sole explicit basis of complaint lay in an assertion that Janet’s public image and performance in media polls were poor. The other issues were dredged up later, presumably to incite a better flow of signatories and to bring the (reluctant) tabloid press into the fray.

The overtime issue was publicly disclosed by Coulter in an appalling Senate speech which shocked even hardened Labor senators and precipitated the immediate and sudden resignation of NSW Democrats Senator Paul McLean.

The liaison between Janet and Senator Sid Spindler (who were both morally free to conduct it in public and did so openly) was selected as a useful cause by a cabal of hostile Senators and national officers who deployed the late Robert Bell (a Quaker, then Senator for Tasmania) as the first media mouthpiece for that purpose.

Witnesses recall Cheryl Kernot, Meg Lees, national president Heather Southcott and national secretary Sam Hudson as being central figures in the lobbying for Janet’s removal.

Senator Bartlett is also correct that the goal of the conspiracy was not to get Kernot immediately elected as leader. That would have been ridiculous, since Kernot had been a senator for only one year when the petition was first initiated in 1991. In fact, Cheryl hoped (and in fact negotiated, as reported by Paul McGeough) to become deputy leader under Paul McLean as a stepping stone to the leadership.

Bartlett wrote: “I did not sign the petition, despite a lot of pressure to do so. My refusal to do so was the cause of my first major dispute with Cheryl and her key staff.”

This is a pretty conclusive acknowledgement of Bartlett’s awareness that Kernot and her staff were actively lobbying for Janet Powell’s removal.

Bartlett: “. . .it was Powell and Spindler who chose to make their relationship public through the media.”

Indeed, but only after its being harmfully speculated on by media. We might equally say: “It was Gareth Evans who chose to make his past relationship public through the media.”

Weighing in on ‘The Affair’

Let’s hope The Affair is behind us and this is the last Webdiary on the subject.

Yesterday, readers asked a few questions. Some answers, then Stephen and Natasha James have a go at Alan Ramsey and Polly Bush reckons Cheryl’s done alright. John Wojdylo and Sean O’Donohue want a certain secret kept, and Cathy Bannister and Roy Reeves reckon it was right to reveal this one.

Peter Woodforde asked: “How many other stolen private e-mails are in the hands of PBL, and to what political/commercial ends will they be put? Were they stolen by members, employees or agents of the Liberal Party or by government officials?”

Margo: My working assumption is that they were stolen by Labor people, but who knows? Assuming they were stolen – ie not leaked by Gareth or Cheryl or with their permission – whoever did it has committed a criminal offence.

Here’s a little piece I did on this today.

“The unauthorised use of emails is a criminal offence, but as nothing is known about who leaked the Evans/Kernot emails and where they were obtained, the Australian Federal Police will investigate only if the matter is referred to them by the ex-lovers or the Parliament.

“The AFP have received no complaint from Ms Kernot or Mr Evans, and federal parliament has not referred the matter because no-one knows whether the emails were obtained from an office or home computer or from a printout.

“Under the federal Crimes Act it is a criminal offence to knowingly give an email to someone other than its recipient without permission, and to use an email to harass another person. Under the NSW Crimes Act it is a criminal offence to access computer data on someone’s personal affairs.

“A spokeswoman for the AFP was not investigating the leaking of the personal emails and would not do so unless asked by Mr Evans, Ms Kernot or the Parliament.

“The Privacy Commissioner, Mr Malcolm Crompton, said he could not launch an investigation without proof that the leaked emails were obtained from a work computer, as emails sent to and received on a home computer using a private ISP were not covered by the Privacy Act.

“Ms Kernot or Mr Evans would need to produce copies of the emails which proved they were sent and/or received on work computers before he could act.

“The Privacy Commissioner cannot force Mr Laurie Oakes to hand over the documents – if he has them – as the Privacy Act exempts journalists from having to do anything which might reveal their sources.”

***

Ian MacDougall: I think you are wrong in your statement of today that Cheryl has lost everything (including her super). I read a report after she left Parliament that she had managed to qualify for a backbencher’s package of around 70 grand pa plus perks. Suggest you check this.

Margo: You’re right. I was going on what she did on the defection. She could have sat in the Senate as a Labor person, but she resigned from the Senate after serving for seven years. You have to serve two terms – 12 years – if you leave voluntarily, or 8 years if you’re voted out. So her super was in limbo. But once she won Dickson and stayed for the term, she could claim the parliamentary pension for life. According to Jim Dickins in The Daily Telegraphh on November 12 last year, she was entitled to $62,500 a year.

***

Rosemary Cuthbert

Why aren’t people questioning the ethics of Don Randall asking a question in parliament under privilege about someone’s personal life? I’m disgusted at the media hype over this matter.

Margo: In March 1998, WA Liberal Don Randall told Parliament Kernot had “the morals of an alley cat on heat”

“I was a teacher and I can assure you that if I had an affair with somebody ten years younger than me I would have been in trouble. You might then say, does this affection extend to the member for Holt (Evans) we often wonder?”

His ethics were questioned at the time, and John Howard ordered Randall to withdraw the remarks and apologise to Kernot and Evans, which he did in a statement. “As you know, I have never approved of attacks being made on people’s private lives – it has no place in public life in this country,” Howard said. As far as I know, no-one followed up Randall’s innuendo. Gareth denied an affair in Parliament, and that was that.

***

Stephen and Natasha James

I read Alan Ramsey, not because his content is much chop but because he does write good, tight prose. I thought his effort on Saturday was a bit sanctimonious. Yes, Oakes was carrying on like an old woman, but then so did Ramsey a year or so ago, on the anniversary of Harold Holt going missing. I haven’t looked it up, but he wrote a column saying words to the effect that Holt was “showing off to a married woman with whom he was having an affair” when he waded into the drink and didn’t return. As Hilary Clinton would say, a hard dog to keep on the porch.

How Black Jack set the Scorpion loose

Byline: ALAN RAMSEY

JOHN McEwen was not known as Black Jack for nothing. After Harold Holt drowned in an unruly surf 33 years ago while showing off in front of the married woman he was bedding, McEwen, the Country Party junior partner in Holt’s government, was sworn in as caretaker prime minister until the Liberals finished haggling over Holt’s successor. We know this as recorded history, however discreet that history might be about Holt’s uninhibited private life. What few of us ever knew is what McEwen did that first day he held the ultimate political power in this country.

***

Polly Bush in Melbourne

In the last few days I’ve been wondering how stupid the woman is. The thing is, she’s not stupid, she’s a seasoned media player who’s written a book on suffering the wrath of the media. If anyone could expect a media backlash for omitting a big chunk of the story it should be Cheryl! It just all seems a little too convenient that the affair’s out without her having to do the dirty work of revealing it. The media have blown the lid on the story and Cheryl can back up her book claims that she’s been unfairly done by and is the victim in all this. Sweet.

***

People with Ugly Face

By John Wojdylo

There was this kid at our school – we called him “Spaceman” – who was such a f…ing ween that we used to get him behind the toilet block and pummel his face in until the little shit stopped being so arrogant and began to look as pathetic as he really was. But what really pissed us off was when he used to go to the headmistress and make himself out to be real special and whinge, whinge, whinge: “I’ve got rights, too!” Sob. Pathetic shit.

He used to say “I’m telling the truth,” but we knew he was lying, because he was a faggot.

He made up all these crap excuses why he couldn’t join in our peer group and be one of US, but we knew he was bullshitting because his mother was a Kalgoorlie prostitute and his father tried to f… my mate Peter’s mother.

He said he bombed out in maths because we made him feel bad – I mean, what sort of crap excuse is that? Like, he makes ME feel bad because pathetic shits like him exist. And they’re a menace to society, especially when they get into positions of power. They don’t know what they want and then they end up having the morals of an alley cat on heat.

The headmaster called us in one day and asked us why don’t we show any mercy. We said, because “God helps those who help themselves and Spaceman has forgotten how to do just that. Our advice to SPACEMAN would be to forget the whole thing and get on with real life. Life is not unlimited and there’s no sense in spending the time SPACEMAN has left on this earth with this kind of nonsense. SPACEMAN should surround himself with trusted friends and family and just get on with the FUTURE. The mercy factor with SPACEMAN is zero. He has brought EVERYTHING upon himself.”

It’s a bloody miracle he passed and got into uni at all. We all wonder how the f… he did it. Well, we all know now, don’t we. And don’t you believe a word of what he says because we know his face is ugly and he’s a liar – either that or he’s too pathetic to know anything for himself.

Now Spaceman’s written a book, basically trying to justify his existence – giving his “considered” reasons for doing the things he did, and telling about the years of special coaching he got from university lecturers that he paid for himself by working late nights at McDonalds. But he’s left out the bit about how his father was f…ing the headmistress for about 5 years.

The loser put out his jaw to have it punched by writing that book, and, you know, it’s SPACEMAN all over: It is just the saddest, saddest thing.

The fact of this matter is – SPACEMAN – a tragic figure, really – has chosen to write a tell-all book, titled “BLAH bloody BLAH”, and has not disclosed something that is clearly of enormous relevance.

Of course Fat F… has done the right thing. There is absolutely no doubt that if Spaceman writes a book laughably entitled “BLAH bloody BLAH” and leaves out the central aspect of his saga, then he deserves to be exposed for what he is. How can you understand the whole story unless you know this?

Spaceman had a right to privacy but he forfeited it when he wrote the book. Like most people, I believe in the general rule that private lives should remain private. But this is clearly different, hey. Exceptions to the general rule should be made only in rare circumstances and this is one of them. What goes around comes around.

PS: Thank Christ the new headmaster is coming down hard on those lying Arab “asylum-seekers”. They’ll tell you anything – and do anything – to get your sympathy.

***

Sean O’Donohue

I cannot agree with you or Mr Oakes on the revelation of the Evans-Kernot affair. If the test is public interest I fail to see where the public’s interest in Oakes’ tardy – way tardy – revelation is. Perhaps 5, 8 or however many years ago when the potential for a personal relationship to influence political outcome was a real issue.

But now? Several years after both have fallen from prominence? Surely not. Neither Kernot or Evans are tub-thumping, family-values types whose exposure might unmask hypocrisy or reveal some hidden canker in their characters. Instead, the exposure of their affair revelation reduces them and in the process us.

Kernot has now completed her journey from sensible voice above the fray to shrill and tarnished prima donna – a truly tragic trajectory. And I agree with you – Evans too now has that ‘damaged goods’ tag politically as well as morally, leaving any future Labour government that does appoint him to a generous sinecure condemned to be labelled brave or foolish.

But what of the real issues? What of executive pay? Of Aboriginal health? Of the politicisation of the public service? Of the absence of vision for our country? Lost in the tawdry embers of a long-dead romantic flame. More of the bread and circuses?

***

Cathy Bannister

It’s impossible to cast unambiguous hero or villain in the Kernot/Evans saga. I believe Kernot is correct in noting she has borne an inordinate amount of media scrutiny, particularly from Laurie Oakes. It’s obviously too cheap a shot to pre-guess why she in particular offends Oakes, but clearly he deeply disapproved of the defection, almost personally so. This comes across in his questioning – he’s been at the woman for ages.

If you are a woman in the public eye, you have to break stereotype, never show emotion, never show weakness, and preferably, never be attractive, because as soon as any of these female traits becomes obvious it is extremely difficult to ever regain credibility. Dowdy and masculine woman fare far better.

While it’s important to question the effect of her affair on Kernot’s performance, it is also necessary to factor in the effect of the media hounding. Over the last seven years Cheryl has appeared increasingly silly and vulnerable in the public gaze, but then this is how she has been painted.

That said, this particular disclosure was necessary to correct the public record. The screamingly obvious question to come out of the whole Gareth/Cheryl disclosure is this: What on earth was a senior minister doing in courting the leader (no less) of another party?

While we Australians in general are deeply of the opinion that private lives are sacrosanct, there are limits. Take the medical professions, where relationships between certain parties is absolutely verboten. The power dynamic between psychiatrists, gynaecologists and their clientele is such that a relationship between practitioner and patient is completely out of the question.

So it should be with senior parliamentarians of different parties. Thus far all the emphasis has been on the ethics of Cheryl, the leaving of the Democrats being seen as an appalling betrayal. Gareth, apart from some muffled complaint over his misleading parliament, has remained largely blame free on this count. Why? Possibly because Ms Kernot has been fitted with (or fitted up with) the cultural archetype of the “scarlet woman”. Both were guilty of a clear conflict of interest and both should shoulder the scorn.

Here there is a clear disparity in the treatment of people of different genders. The media is not happy merely to disclose the affair, but it must pretty much destroy poor Cheryl into the bargain.

I believe she was right to defect, for two reasons. Firstly, if nothing else, Kernot’s defection solved the conflict of interest caused by her affair with Gareth Evans. If the relationship was serious and strong, and she wished to remain a voice in Australian politics, then she had no other ethical choice.

Secondly, the reason she cited at the time is compelling, that she was never going to have real power in the Democrats. While the balance is said to be a very powerful position, all that can ever be done is to take the edges from what is considered bad policy.

Meg Lee’s GST deal, which seemed oh so sweet at the time, is a prime example. What has happened to the $400 million to be spent on the Greenhouse Gas Abatement Program? Well, firstly the Australian Greenhouse Office (who administered the program), didn’t approve funding of most proposed projects during the first year, on the (ludicrous) grounds that only projects that are not commercially viable were eligible. (Naturally, those that were not commercially viable tended to be dogs, thereby being also ineligible for funding. Catch 22.)

And this year, the whole $400 million kitty has been swallowed back up in defence and border protection. So poor Meg’s brilliant deal was for nothing.

So if Kernot really wanted to make a difference to the way policy was shaped, she would need to be in a major party. She would also need to have been accepted as a member of the party, and in this she failed spectacularly.

She needed to shut up, take a back seat and quietly earn the respect of her colleagues, rather than come straight in from a rival party and expect to be able to get a plumb leadership position. If you look at the performance of Kernot prior to her defection, and the performance of the Labor afterwards, it’s no less than a tragedy that she couldn’t have made the transition smoothly.

***

Rob Reeves in Brisbane

I do feel that many members of the public, including your correspondents, have misunderstood the significance of the Kernot-Evans affair. They believe it is about sex between two public figures, and as such is part of their private lives, and should be out of bounds to the press.

However, the affair is about two public figures of significant power and influence creating a clandestine coalition in which self interest and public interest, and the interests of their respective parties, became blurred and confused. The sex part of it is secondary, what is important is that they established and acted upon a hidden agenda – potentially betraying their parties and the public’s trust.

Whether that trust was betrayed is the motivation for the story. The prurient interest in the sex no doubt titillates many, but most of the reporting has, quite rightly, focussed on the political implications, not the prurient details.

Sex and the politicians

What a week! Tonight the piece the paper refused to run, by me, a piece by my brother Hamish, who was in the thick of Democrats action during the last Democrats sex scandal, and loads more emails from readers on whether The Affair should have become public. I’m overrun with emails and hope to do another edition on the weekend. Have a good one.

A reader called Stephen emailed today: “Wow Margo, you sure upset “the cause” on Lateline. Gentlemanly guys and concerned feminists everywhere only see one thing: you kicking poor Cheryl when she’s down. Better not write any books this year….”

Oh well, in for a penny in for a pound.

Just a thought

By Margo Kingston

Mix sex, politics, lies and tribes and the first take on a breaking scandal might only scratch its surface.

For example, don’t automatically empathise with the Labor politicians expressing sadness and outrage at the revelation of The Affair.

Think about it. The Oakes emails made public so far were written long after Cheryl joined Labor, in 1999 and 2000. We can thus safely rule out a Democrat’s revenge, say from trawling through Cheryl’s computer on her departure. It’s a Labor leak, a Labor trawl.

Self-interest – positive or negative – motivates the overwhelming majority of leaks. Public-spirited leaks, as the children overboard scandal illustrates, are as rare as hens teeth.

In this case, a Labor person or persons leaked the emails, probably just before extracts from her book were published last weekend. Revenge is the obvious motive – hardened political players collect their evidence early and have the discipline to wait until, or if, it’s required.

For the reporter, the leaker’s motivation is irrelevant. The judgement we use is whether the material is newsworthy, and in case of private matters, whether it is in the public interest to publish.

There is an argument, not beyond the bounds of possibility, that Laurie Oakes was not “a pawn” for Labor revenge, but for Cheryl.

In her book, Cheryl is a vociferous critic of her treatment by journalists, accusing us of relentless intrusion into her privacy. Yet the media observed the privacy convention in relation to her affair with Gareth and, in reliance on that convention holding, she wrote a book omitting a central personal and political thread of her Labor Party odyssey.

She relies on the rules of the political game she has left to protect a book in which she breaks the rules of that game to attack Kim Beazley and the Labor Party for her downfall and to declare herself an innocent victim. She even discusses her private life, in particular the precious time she can grab to be with her husband.

Did she really think she would get away with it? According to her publisher Shona Martyn, she did not. On the night of the day the story broke, Lateline’s Tony Jones asked Martyn for Cheryl’s reaction. “The saddest thing is that she’s not entirely surprised”,.

“I think she thinks it’s par for the course”, and “she also feels that she’s been a target for criticism in certain sections of the media for a long time, so I guess maybe it was always bound to happen”.

So at the very least, Cheryl published her book knowing she ran the grave risk of the affair going public.

In an email to Gareth in 2000 castigating him for lying to Parliament, she writes: “Don’t say you protected all of us, because I told you I did not accept that lying. It was not for me. It was always for you. And it will be addressed one day.”

It would be bad form for Cheryl to voluntarily disclose the affair in her book. But if the audacity of omitting it triggered retaliation through its disclosure, she is a victim, again, and Gareth’s calumny is revealed. Cheryl has lost everything – husband, career, job prospects, superannuation and – vital for her self esteem – publicity. In contrast, Gareth keeps his family intact, has an interesting job and, once Labor returns to power, the possibility of an appointment to the High Court, or something equally important.

No big job possibilities for Gareth now. Instead, total humiliation for him and for his wife, who thought his denial of the affair in Parliament proved he had told her the truth in private, and now discovers he continued the affair long after he lied to Parliament and to her.

Cheryl has her revenge, is the centre of attention again, and gets enormous publicity for her book and the possibility of spectacular sales when the missing chapter is written.

Just a thought.

***

Kernot and sex

By Hamish Alcorn

It is right that politician’s social lives should not be the stuff of journalistic enquiry. Laurie Oakes does have an argument though. A conflict of interests is a conflict of interest, and no less so if one interest is private and the other is public. As a principle, it would be wrong if we were not told of political conflicts of interest merely because there was a private dimension.

But there is something else up my nose. I joined the Australian Democrats in my early twenties, shortly after Cheryl became a Senator. About eighteen months later I resigned. Here’s why.

Janet Powell was the leader of the Democrats at that time. Cheryl was our Queensland Senator. Andrew Bartlett (now a Senator) was the Queensland State Secretary. John Woodley (then a senator) was the Queensland President. I was the rookie, Assistant Secretary to Andrew. This Queensland Management Committee conspired with Senator Kernot to get rid of Janet and get Cheryl in as leader.

Janet had replaced Janine Haines as leader after the latter’s resignation following a failed bid for the lower house. Janet came to the leadership, according to the party’s constitution, with a general vote of the entire membership. Her credentials were impeccable. Her electoral base was genuinely popular as she had been a social justice activist before entering politics. To get rid of her, it was going to take muck. There were two thrusts to the muck.

Some background first. The membership in the Democrats can oust a leader by getting a certain quantity of signatures, putting them to the National Executive and thereby forcing a new vote for leader. It’s basically like a no-confidence motion but from the membership as a whole. Of course someone has to organise this effort, and have an alternate leader in mind, and in this case it was the Queensland Management Committee, led by Cheryl, who coordinated the coup.

The muck. The first was a statistical complaint about media inches as a measure of effectiveness. The previous leader, Janine Haines, had more than Janet, so the latter was clearly letting the side down. The underbelly of this complaint was about charisma, attached to the fact that we were a bit down in the polls. Cynical politics. That the Democrats had real moral credibility that would hold in the long term was not really an issue. Deconstruct this complaint for yourself. It’s ridiculous.

The second is the nub. Janet Powell was having an affair with her colleague Senator Sid Spindler and this was adversely affecting her performance as leader. How it was affecting her performance was not specified – it was the affair itself which was supposed to do the damage, alongside some muck on Spindler which I won’t even repeat in respect for the man. This affair was not just used privately, malicious though this would have been in itself. It was used TO THE MEDIA, in answer to the question “Why oust Powell?” Cheryl led this conspiracy. I believe she provided the information and the tactical brains. It was successful. Janet was ousted.

(MARGO: Cheryl told me about the affair, by then over, when I was at The Age, after I rang to ask her why? She argued that the breakup of the affair was adversely affecting Powell’s performance. I was surprised, and after consulting my bureau chief Michelle Grattan, did not write the story because of the convention against reporting private matters. But the news was spreading like wildfire – but not reported – and Powell and Spindler finally outed themselves in an attempt to close the campaign down. They agreed to an on-the-record interview with The Age’s Sally Loane.)

But to complete the story there is something else, and perhaps the reason I resigned in disgust (with myself actually – though a rookie I was a co-conspirator and must take my own share of responsibility). Cheryl was not to be put up as a candidate because that would look too much like a coup (rather than a highly principled challenge to a failing leader) and Cheryl was too new to the Senate. so John Coulter was our man and Cheryl was put up as Deputy. All respect to the man, but Coulter (the gnome, if anyone remembers the media caricature of him) was no leader. We knew – and said to each other in private – that there was no way he would last as leader after the next election, when there would be another leadership ballot automatically. THE PLAN was that Cheryl would surely become leader after that, AS SHE WOULD NOT, if Janet was still leader.

Some time after I resigned Andrew Bartlett said to me in regret that they had moved me into the thick of it too early, implying that I was still too naive about the ways of power. He was right I guess. I lost sleep. I had joined the Democrats for deeply moral reasons. It didn’t fit. So I left and became an anarchist.

So when Cheryl defected to the ALP I wasn’t surprised. She might be female and blonde but she is an animal like the rest of them.

In the current context, Cheryl and Gareth’s affair may well have had serious implications on politics, especially for Democrat members who believed Cheryl was batting for them, but to a lesser extent for all of us who were led to believe that the Democrats were playing a particular and perhaps important role in Australian politics. That might be debatable, but it is not debatable that Janet Powell’s affair with Sid Spindler, which Cheryl used in her campaign to attain the leadership of the Democrats, involved no conflict of interests at all. It was an affair between colleagues on the same side. I haven’t read Cheryl’s book but suspect that the above is not well elaborated.

Most important of all, for me anyway, is that charisma and media inches are crap. Polls blip up and down, but credibility is for the long term. Belatedly, I’d like to salute Janet Powell as the last moment of principle in the Australian Democrats. It’s been down hill ever since for them. Natasha is just the logical consequence, and it does not surprise me to see Andrew Bartlett bobbing alongside her either – a younger and blonder version of his old icon. The party is addicted to reading about itself in the paper. I hope the Green Party can do better.

***

PUBLISH?

YES!

Hugh Bingham in Toowoomba, Queensland

I’m about 40 years past my prime as a reporter. Nevertheless, I wouldn’t have hesitated to report the Kernot-Evans affair whenever it had occurred. Two significant people in leadership roles in love and bedded. There are boundaries, I guess, to what is personal in Parliamentary lives but in my view this is NOT one of them. Parliament is the people’s house and any secret liaison that might (repeat might) become influential in political outcomes should be reported.

Oakes regarded the Kernot autobiography as an unavoidable trigger – and so would I. Unhesitatingly.

The thing I do question is Oakes double-barrelled approach – the “secret” in the Bulletin, then the open allegation and the email on Channel Nine. I simply can’t take on board that a hard-head, a newsman to his bootlaces, like Laurie Oakes could believe the Bulletin piece could possibly live alone. Or intend it to! Was this an arrangement? Or is the Bullie left fuming at losing out on the real story.

Margo: Nine and the Bulletin are owned by Packer. This is the new cross-media world. A scoop for both! Everyone happy.

***

Robert Lawton in Adelaide

I’m not a SIEV-X fan – the people smugglers who pack people aboard these hideous tubs and send them off to us will never appear before the House Select Committee, and without them the story is hardly complete – but I did watch you on Lateline and felt great pride that you were able to see through the sleaze factor on the latest Kernot affair.

Of course Oakes was right to put the lie to Kernot’s grievances of isolation and alienation. You were right to defend him. And Gerard Henderson is a bizarre chap who sadly benefits from the dearth of sensible conservative talking heads in this country.

It seems that most of your readers are obsessed by Kernot’s gender, and the cheap, tacky taste of the revelation. If she had been a man, and had been wooed to the ALP by another man with whom she was on intimate terms, and both were “out”, would it have been appalling to release that information in the light of a self-styled tell-all book which attacked ALP figures for casting him adrift?

The fact of sexism in political life shouldn’t be a cover for misleading the public, just as racism shouldn’t protect people like Geoff Clark against criminal prosecution if it’s justified on the facts.

Cheryl was silly enough to leave the Dems in the first place; to write a book about her failures and thus exonerate her from them was even sillier if she intended to attack others in the process.

***

John Carson

You are correct in your views on the Kernot-Evans-Oakes matter. What I find particularly depressing in all of this is the way that the left takes a reasonable position (that women, like men, are capable of making decisions on grounds other than those of romantic or sexual attachment) and takes it to a ridiculous extreme (denying that a romantic or sexual attachment raises any presumption of influence).

To take a somewhat analogous case, are we happy to have academics (of either sex) grading the work of students with whom they have a sexual relationship? Is there not an obvious conflict of interest?

Less troubling than Kernot’s motivations for switching parties is the fact that for years she negotiated the passage of legislation with Labor on the Democrat’s behalf while having an undisclosed sexual relationship with Labor’s Senate leader. If this was not a conflict of interest (on the part of both of them), then I don’t know what a conflict of interest is.

If a trade union leader negotiating on behalf of workers had an undisclosed sexual relationship with the employer’s representative, would this not constitute a serious conflict of interest? What if a local government representative is sleeping with a developer? A judge sleeping with the accused? Would we hear the same drivel about affairs being a private matter?

***

Stuart Mackenzie

Everyone (at least those that are thinking about it) seems to be focusing on the potential public interest aspects of Cheryl Kernot’s defection to Labor. Surely of more importance are the ramifications of the then Government leader in the Senate having an affair with the leader of the minor party holding the balance of power? What legislation was passed during this period, besides Mabo?

If the press gallery knew about this affair while Kernot was still the Democrat leader, it must have been in the public interest for it to be revealed at the time.

Margo: I hadn’t heard the rumours when she was Democrats leader. I did hear rumours after the defection. I didn’t chase them down because of the convention against reporting private matters, because there were better things to do with my time, and because these things are invariably impossible to prove. If I had email proof at the time? No, unless I also had proof that the affair had compromised Democrats or Labor policy-making or Senate deals. Would I have actively sought out proof or otherwise of this? No. If I had email proof when Evans lied to Parliament? Definitely. When she published her book? I hope I would have published. The big downside would have been if I’d been extensively attacked in Kernot’s book, as Laurie was. Publishing would leave me wide open to credible allegations that I was motivated by revenge, thus impugning my professional integrity. I hope I would have been brave enough to accept that risk.

***

Dominic Puiu in Sydney

The Kernot affair is like a train wreck – both horrifying and compelling.

I saw Cheryl’s publisher Shona Martyn on the Today Program this morning, with the usual mantra that everyone is ganging up on Cheryl because she’s a woman. Not so. I agree that what people do – even public people like politicians – is not necessarily fair game for the public. The feature that makes it relevant is where there the private acts impinge on public roles.

A few years ago the media staked out US politician Gary Hart and eventually caught him in flagrante. The public interest test here was activated not just by the affair, but by Gary’s high-profile pro-family politics and his (foolish) taunt to the media that they couldn’t catch him in the act. Note to Cheryl and her publisher – Gary is a man.

With Cheryl and Gareth, we have the two main players in Cheryl’s extraordinary defection to the ALP and the fact that Cheryl gained the leadership of the Democrats in the first place by revealing Janet Powell’s affair with Sid Spindler. And of course Gareth lying to Parliament.

It’s the hypocrisy that makes the issue public, even more so when Cheryl was on ABC Radio earlier this week opining that the quality she admires most is trustworthiness! Time she practiced what she preaches, methinks.

***

Dale Grounds

Can someone please explain the process for prosecuting someone who has lied to Parliament? Is this the same as perjury in Court? Maybe we could get a photo of Gareth and Ali Alatas in handcuffs on board a plane over the Timor Gap.

Margo: The penalty is resignation from the ministry, unless your leader is prepared to pretend you haven’t lied and you are prepared to lie by saying you haven’t. No penalty for backbencher lies or former ministers.

***

Craig Schwarze

I cannot believe that people are suggesting the Evans/Kernot affair is a private matter, and no-one’s business. As a Democrat, Kernot presented herself to the public as an impartial figure who would “keep the bastards honest”. We now find out that she was actually sleeping with one of the “bastards”! It was a massive conflict of interest. And this is not relevant?

The “bastard” in question lies to parliament to cover himself. And this is not relevant?

Kernot then betrays her political colleagues (and voters) by dramatically resigning from the Democrats and joining (surprise, surprise) the party of her lover. And this is not relevant?

How silly of me. There’s no evidence that the affair had any impact on Australian politics *at all*.

***

Ben Furby in Sydney

1. Gareth’s lie to Parliament detracts from the whole intent of the private-lives convention. Similarly many years ago a British politician, after dalliance with a prostitute, had to resign after being found out for lying to Parliament.

2. Ms Kernot had a high profile in the anti-monarchist movement, which drew on the marital problems of the Royal Family. On the one hand, marital problems in Britain’s Royal Family: What’s new after near 1000 years? Secondly, what’s different about the royals from any other modern family?

However, I suggest it ill became Ms Kernot to back a movement to cast off the British queen, a movement that used the disarray of the British Royal Family as part of of its reasons to want a republic, when we find out that she herself was certainly not a Caesar’s wife, above reproach.

A small point, but one I believe she should remember – like people in glass houses….

***

***

NO!

Debbie Jeffrey in Newport, NSW

In Your say on the Cheryl Affair you write: “People disapprove but are compulsively interested”???- Margo, really! What a pathetic justification for breach of privacy. People disapprove but are compulsively interested in necrophilia, too – does this mean we should publish a whole lot of details and public discussion about specific instances of it? (Probably not a good analogy when you’re talking about Gareth Evans, but you get my point…)

Margo: I did not make that comment as a justification for publication. I agree it is no such thing. I made it in response to Simon Thomsen’s remark, “Two ex-politicians shagged each other five years ago. Is this front page news? Is it even interesting?” I was having a go at explaining why so many people hate publication, but once it happens, find themselves compelled to read all about it. It is a reason why the question of when the line between public/private should be crossed is so important.

***

Gloria

Instead of concentrating on trouble spots in the Middle East and elsewhere, let alone improving its own data gathering against terrorists, America focused its attention (and millions of dollars) for over a year on the Lewinsky affair. If we get a republic there’ll be the same problem – either a braindead gutless sexless President like Reagan or Bush or someone actually alive and with sexual impulses like Clinton and Kernot. The latter possibility means that every reporter/photographer in the region will be watching his sexlife instead of his policies.

***

Jenny Forster

Anyone who thinks Cheryl Kernot went across to the Labor Party because Gareth Evans beckoned must have read too much Mills & Boon or have rocks in their head. Laurie’s declaration – “Without the distraction and distress it caused Kernot at crucial times, she would certainly have been a less flaky and more effective shadow minister” – is purely his guesstimate and would be credible if the Labor party had a record of inclusion of and support for women. It has quite the reverse.

This whole episode is a squalid condemnation of the chase for sales and ratings by Oakes, and of the Canberra press gallery, who are shouting so loudly about truth that they cannot hear the word the public is shouting back at them – ethics.

The argument that writing a book and leaving something out makes one fair game is a nonsense. What political biography written last or this century has included every last detail. The Labor Party comes across as a boys’ club run on lines hostile to women and drenched in the male culture as exemplified by the outmoded sexist attitudes of the politicians and the conservative union leaders.

Look at the recent past history of the Labor party and see the smoking bodies of female politicians burnt on chauvinistic stakes. If Cheryl has exposed this in her book then good on her. If the stitched-up politicians and journalists can’t handle a female politician who covers the whole human spectrum of life experiences then perhaps they should look at their own failings before they seek to condemn.

On the ethics issue I feel sorry for the children of both Kernot and Evans. It is hard enough to raise children in this toxic , explicit and violent society. Their parents were in politics and they would have accepted a certain amount of negative exposure because of that.

This revelation has drawn another line in the sand right inside the personal territory of a politician’s family.They could possibly feel they have been exposed to shame and humiliation in the eyes of the whole country. Shame is one of the strongest human emotions.

I see this as another tear in the ethical fabric of this country and hope that Oakes, Margo, Stephen Mayne and co consider this when they next set off in pursuit of *the truth*. What they consider to be for the greater good of the country many of us see as the swampy depths of the gutter press.

***

Kylie Ann Scott in Haberfield, Sydney

Laurie’s reasons, and the general press consensus that it was justified to release the secret of the affair because Cheryl had written her book, are very flawed and do not stand up. No-one spoke up in the press, and in deed Laurie was silent, when Gareth’s book came out. Gareth’s book omitted the affair, why wasn’t Laurie so committed to exposing the truth then.

This is a vindictive slur, plain and simple.

Margo: Gareth has written on foreign policy. He has not written an autobiography. Keith Scott’s biography of Gareth was published in 1999.

***

Brian Bahnisch in Brisbane

I was one who admired Cheryl Kernot as a Democrat and welcomed her switch to Labor. I was saddened and distressed by her virtual public disintegration and demise.

On Oakes and the big secret, first I did not know what to think. Then Gerard Henderson, not from Lateline, which I did not see, but from an interview with Vivian Schenker, persuaded me to his view on Thursday morning. He said that in the absence of evidence of a causal link between the affair and the defection, Oakes should not have spilled the beans.

I have changed my view again. The causality may have run the other way; more likely it was all of a piece. Sex is part of life, not something restricted to a separate little compartment. The regard and affection Cheryl and Gareth had for each other was evident for all to see; the fact that they shared a bed at times for five years is really a footnote, not the main story.

Unfortunately, all the energy and air time is now focussed on the footnote, not on the story.

For that we have to thank Laurie Oakes. But look what else he has done! He has almost certainly caused pain and further harm to two families. He has almost certainly ruined any chance Cheryl and the publisher had of decent sales of the book. He has given further impetus to the notion that women are victims of their emotions, suggesting that the affair explains some of her “erratic” and “flaky” behaviour at that time. It could, in fact, have given her strength. Furthermore, as Natasha says, it will almost certainly discourage other women from entering politics. Finally, it has almost certainly damaged Cheryl’s prospects of remaking her life.

So did Laurie Oakes really think this thing through? I think not. He sought to clarify matters; instead he has distracted and confused. Part of the problem is that as a society we can’t properly come to terms with sex.

For reasons too extensive to go into here, I generally favour fidelity within marriage. It is up to Cheryl and Gareth to reflect on whether their affair was on balance positive or negative. I would prefer them to have controlled themselves and spared us all the drama.

Nevertheless, I do not see sex between consenting adults as seamy, sleazy or even necessarily steamy. The fact that two people, with attractive personalities, with shared values, ideals and political goals (purge the country of Howard and co), whose work brought them in close proximity, shared a bed for a while is, I say again, a footnote to the main story and entirely unremarkable in terms of the public interest.

So Laurie Oakes has served the public interest badly, and has almost certainly caused harm to those with a great and very legitimate interest, the immediate families.

***

Fergus Hancock in Muswellbrook, NSW

I will have one bleat on this topic before, hopefully, the thing goes out of the public mind. Both Cheryl Kernot and Gareth Evans were married at the time the affair occurred. Both have (or have had) spouses and children. It is therefore completely untrue to say that they are the only ones involved – why not jettison families all together if they are that much of an inconvenience?. It is also completely untrue to say that the whole thing was in the public interest – if it is, why don’t you publicly interview the respective spouses (or ex-) and children so that all Australia can see their shame?

Cheryl and Gareth have to deal with this before their families, and hopefully there will be reconciliation and forgiveness. Otherwise, the family issue will fester until untold damage will occur. Will any of the Canberra press gallery offer their support to the families? Or even acknowledge they exist? What about their rights?

Gareth said in about 1997, quoting St Augustine, “I pray to God for continence, but not just yet.” I didn’t realise what that meant at the time. I hope and pray that his family can find grace and acceptance and love to deal with this wrong done to them.

***

Felix Davis

The Chezza and Gazza tabloid fodder provided by Laurie Oakes only serves to demonstrate the extent that so much of our society needs to source the drama in their lives through squabbling over the bones of the past relationships of public figures.

Did Gough, Gorton or Bob tell nothing but the truth in their memoirs? Who really cares? If Laurie Oakes was intent on redressing what he saw as the besmirching of Big Kim’s character, why didn’t he encourage a tort of defamation or slander, rather than tell tales of who pashed who behind the bike shed?

Let the Kangaroo Court begin.

***

Sue Corrigan

I am amazed that you would in any way support Laurie Oakes’ latest vindictive, disgraceful attack on Cheryl Kernot.

If you look back at what happened when Kernot announced her defection to the ALP in October 1997, you will see that Oakes attacked her that very day, and in the most savage terms. And the gist of his complaint? That Kernot had had the nerve to keep her decision to defect a secret so that she could break the story herself, at a time and in the manner of her own choosing.

It struck me at the time as a petulant outburst from a pompously self-important journalist who apparently appeared to believe that he had some some of Divine Right to be tipped off in advance. It appeared to outrage him that something could happen in federal politics that he didn’t know about first. He seemed to take Kernot’s surprise announcement almost as a personal and professional slight.

From that day on he has never let up on her. When she announced her decision to join the ALP, Kernot tried to articulate important points about her political philosophy and values, and to raise significant issues to do with the country’s future political, economic and social directions. Nobody in the personality-obsessed media paid very much attention to what she was saying then; and now, the process is tragically complete. Kernot goes down in history as just another silly, emotional, airhead woman lured into giving up the leadership of the Democrats and switching to the ALP because she was having an affair with Gareth Evans.

I can understand all the boys in Canberra getting excited about that. I honestly don’t understand your attitude at all.

***

George Ooi

I’m terribly disappointed with you, Margo, with regards to your attitude towards The Affair. I agree with the comments of Rob Schaap in Your say on the Cheryl Affair. The fact that they had a prior affair does not mean that Cheryl’s defection is solely due to Gareth’s honey trap!

I’m disgusted with the media treatment of the whole affair, and Crean’s “holier than thou attitude”. Are you, Crean and Oakes, implying that ministers never lie? Gareth’s lie is of miniscule consequences and importance compared to the big lies of the PM, Reith etc. So why do you journos apply the blowtorch to Gareth and Cheryl?

Margo: It is imperative that the media put maximum pressure on those who are tempted to lie to Parliament so that they think better of it. Gareth’s mistake was the same as Bill Clinton’s – to lie. Both should have said they would not deign to respond to suggestions concerning their private lives. Gareth did because his wife insisted on it as proof that he was telling her the truth. This is morally indefensible and unforgiveably cowardly. Evans thus used a public forum for a private purpose – HE converted a private matter into one of public interest. Even worse, Gareth appears to have had no intention at the time he lied to his wife and the Parliament (ie the Australian people) to convert it to truth in retrospect. He lied on March 12, 1998. His affair with Kernot ended in 1999.

***

Libby Werthein

In your response to me in Your say on the Cheryl Affair you wrote: “The last journo I know of who had an affair with a politician was outed in the press after suspicions that some of her stories were based on leaks from him. An affair of itself is not relevant, but an affair between leaders of opposing parties can (not MUST) be a different matter, I would have thought, as could an affair between a politician and a person who got a job under the politician’s patronage.”

I guess I don’t know as much as you and other journalists about the what is printed in the press so I don’t know about the journalist who was outed in the press. I also agree with you that if someone gets a job purely because of a personal relationship with a politician then that is different.

But I do not think Cheryl Kernot got the job with labor for having an affair. In fact it would appear that she may not have got the job if others knew of affair. That in itself is interesting. I’m sure that many people, particularly in politics and media, and if even if deserving, in part get jobs and positions of authority because of their personal relationships and friendships. Isn’t it called mateship? You know the old saying, it’s not what you know it’s who you know.

I am sure that much of what happens in politics is about personal relationship, which is most unfortunate because it means that the best leaders and politicians may not get the job.

Her affair and the attitude of Labor members to this may well explain some of the negative treatment she got. But this is also double standards, and as others have pointed out she may have better served herself and exposed more about the functioning and boys club mentality of Labour party by speaking of this.

I know little of Cheryl Kernot and have learnt more about her dealings in the past few days. What some suggest is a Lady Di syndrome, which may explain why she has been a bit of a target. But still, as it is so difficult for woman to get into politics I feel that such extreme personal attacks on the few woman in politics neither furthers their right to be there nor encourages them to get involved. This is what mostly concerns me.

Lastly I do think that the media need to address their own actions and decisions on what is published. The media, like politicians and business, should be held accountable, and many media people seem to think they should not have to answer for themselves or be held accountable. Strange, since they spend their time reporting and exposing others. The media has a huge amount of power and more serious and responsible journalism would go a long way to assisting in improving this dumb, narrow minded, selfish and still sexist country.

Margo: I agree with on media accountability – the question is, in what form? It’s fraught to have legislation enforcing accountablity , because that effectively means state control of the media, the first sign of a society heading towards fascism. Our self- regulation mechanisms are deeply flawed but are improving slowly. I favour in-house ombudsmen to receive complaints and publish responses, and to comment more broadly on decisions of the paper in the paper.

In my view, the story of the affair is not a capital-letter important story in itself. but the response certainly is. The community and its media are talking together on the merits of publication all round Australia. At the end of this discussion – which is so passionate because there is no black and white on the specifics and because different organs of our democracy have different bottom-lines – I believe a consensus about when private spills into public to the extent that publication is justified could well be reached. Perhaps Webdiarists would like to have a go at draft guidelines.

Your say on the Cheryl Affair

Like just about every other media forum today, emails on The Affair raced into Webdiary and the vast majority hated the disclosure. I came in for criticism for my defence of Laurie Oakes in a debate with Gerard Henderson on Lateline last night. After the transcript your say, leading off with a welcome guest appearance by Don Arthur, former star Webdiarist who now his his own weblog, http://donarthur.blogspot.com/

LATELINE, 3/7/2002

Where is Australian journalism headed?

TONY JONES: Channel Nine’s political correspondent Laurie Oakes broadcast the allegations tonight, claiming that he’d been sitting on the information for years. It was only the publication of Ms Kernot’s book this week that prompted him, reluctantly, he says, to break his silence. Why? Because the “big secret” of a liaison between Cheryl Kernot and Gareth Evans was not revealed. He claims the book had left out a critical element of recent Labor Party history. Well, was the reporting of these, essentially private allegations justified? Or have we now plumbed the depths of America’s Clinton-Lewinsky-style reporting?

Laurie Oakes declined our invitation to appear on Lateline tonight but joining me now to discuss these issues — Gerard Henderson, executive director of the Sydney Institute and Sydney Morning Herald online political reporter, Margo Kingston.

JONES: Gerard Henderson, starting with you, has Laurie Oakes actually taken us over some rubicon here into a new territory?

GERARD HENDERSON, EXECUTIVE DIRECTOR, SYDNEY INSTITUTE: To start with I think sections of the press gallery in Canberra have had an obsession with Cheryl Kernot’s sex life for some years. In relation to Laurie Oakes’s reporting, well he’s certainly gone further than any other journalist has gone in Australian political history, as far as I’m aware. He’s a fine journalist but I don’t think he has a strong case on this occasion.

JONES: So what do you think the implications of this, both for politics and for political reporting?

HENDERSON: We’re dealing with two retired politicians about what may or may not have happened some time ago, and there is no evidence of causality. If Mr Oakes’s case is correct he hasn’t proved a causal relationship with what may have happened and what we know did happen in relation to Cheryl Kernot moving from the Democrats to the Labor Party. It seems to me if you’re going to justify this, you have to demonstrate causality. He hasn’t done so.

As Shona Martyn said earlier on, there is enough evidence as to why Cheryl Kernot may have wished to switch sides from the Democrats to Labor without any involvement of any personal considerations whatsoever.

JONES: Let me bring in Margo Kingston. What do you think? Is there any justification there your point of view of what Laurie Oakes has done in reporting this, Margot Kingston?

MARGO KINGSTON, SYDNEY MORNING HERALD: He’s completely justified. I certainly didn’t think that this morning with his big secret in the Bulletin and in fact myself and a lot of other people are very critical, if you’re going to cross this line, you have to cross it, not make an innuendo to let everyone else cross it.

As it turned out all he was doing was splitting the story so he could get scoops for both legs of his employer, the Bulletin and Channel Nine.

As to the lack of causality, I mean really, Gerard, one of the intriguing things about the defection was that it had all the hallmarks of an elopement, all these secret little notes between Gareth and Cheryl. I remember Michelle Grattan saying to me years ago that is what she suspected, there was this whole undercurrent of ‘I’m about to leave my husband without notice and run off with my lover’… The person I’m critical of here is Simon Crean. That is an unbelievable statement he made in London tonight, that both sides had a duty to explain all to the Australian people.

Now, that’s the real precedent. I would have thought (the) precedent for that is something is published somewhere and then you’ve got to tell all the details of your private life. That is outrageous, which gets us back to, of course, the paybacks going on within Labor, and one would suspect that a couple of people that didn’t have much time for Cheryl in the last term of — have done a fair bit of confirmation to Laurie.

… HENDERSON: Going back to your earlier comment – you don’t know that. Because someone passes a note it doesn’t necessarily mean anything. We know what the Democrats comprise. There were some people who had a Liberal background and some people who had a Labor background. Cheryl Kernot was always an admirer of Gough Whitlam and Whitlamism. It wasn’t surprising to me that she moved. You don’t know the reason, Laurie Oakes doesn’t know the reason.

JONES: Let’s get right to what we do actually know at this point. Neither of the parties have confirmed there was an affair at all. I mean, at the moment Laurie Oakes is saying so, and everyone is accepting that it may be true.

KINGSTON: Well, there’s two aspects to this. There’s two names in the gallery. If they make a serious statement about news … they’re automatically believed. They are Oakes and Grattan. The second point is that –

JONES: That can’t be right. They’re not documentary evidence in and of themselves, are they?

KINGSTON: No, I’m talking about the credibility factor.

HENDERSON: Oakes is talking about motivation, not about facts. He’s talking about motivation. He doesn’t know motivation. You don’t, I don’t, and nor does Michelle Grattan, none of us do. It’s a matter of motivation.

KINGSTON: I think the fact is the thing, isn’t it? I don’t think we’d be on tonight if Laurie Oakes had given a psychological portrait of Cheryl Kernot.

HENDERSON: No, it is a question of motivation. If we’re talking facts, there are many politicians who’ve had affairs, there are politicians who’ve had affairs with journalists. These are facts. They are not run because there’s no causal link with some motivation for what happened. So what’s crucial here is the issue of motivation. I’m simply saying I don’t know and you don’t know and Laurie Oakes doesn’t know.

JONES: Margo Kingston, let me throw a question to you. Do you believe that Laurie Oakes has crossed a line that we have never crossed before in political journalism in Australia, as Gerard Henderson said earlier?

KINGSTON: Well every factual situation is different, but I don’t believe he has crossed the line. I mean, what keeps flashing through my head is Alan Ramsey’s comment this morning: ‘I believe Cheryl will truly regret lifting this scab. What have you done again, Cheryl’. Cheryl has invited this, and listening to Shona, I mean, you have a whole new theory. Shona actually said, ‘Cheryl thinks this was par for the course and was bound to happen’. Well then you have to start to think if she thought it was bound to happen is this her way of paying Gareth back?

Cheryl has enough experience with the media to know what’s possible. The fact of this matter is – Cheryl – a tragic figure, really – has chosen to write a tell-all book, Speaking for Myself Again, and has not disclosed something that is clearly of enormous relevance.

HENDERSON: Well the test here is to name a politician who’s written a memoir in recent years in Australia who has done a tell-all book. I mean who has actually done it? There are plenty of holes in most memoirs. I mean Laurie Oakes’s essential criticism was, tonight on Channel Nine, that Cheryl Kernot had purported to write a political history when it was based on a falsehood. I mean how many memoirs are based on falsehoods or — or ignore issues?

We know heaps of cases, but nobody in the media in Canberra has chosen to write these up before, and in my view, rightly so. But I think what you have here is a very unpleasant double standard. If everyone is going to have their private life, or alleged private life, revealed because they’ve written what Laurie Oakes regards as a false history or a bad book, where will we stop?

JONES: Margo Kingston, this has been around for years, this scuttlebutt, hasn’t it? Laurie Oakes said he’s been sitting on this information for years. The only reason he’s decided to come forward, he says, is because this book was published. And yet Cheryl Kernot and Gareth Evans are now not public figures. They’re no longer politicians?

KINGSTON: Well, the explanation that Laurie gives is that once you know this big secret, it puts a whole different tenor and a whole different interpretation on some of the things Cheryl describes in the book, like Beazley not wanting to have much to do with her, and so on. It also helps explain some of her, you know, behaviour at certain times. I mean, to me – and, you know, I just thought watching Laurie tonight that the person that came out terribly from this was Gareth Evans. I mean the betrayal of his colleagues, the inherent conflict of interest in –

JONES: If there’s any truth to it at all, we have to keep saying.

KINGSTON: It’s true! It’s true that they had an affair. And I was about to get to the second thing. Labor figures have confirmed to us tonight – and I’m sure to other people – that they found out about this affair some time after the defection.

HENDERSON: But this goes back to the other issue. This goes back to your judgment. You say that certain activities explain certain behaviour. You have no knowledge of that. I mean Laurie Oakes has been talking tonight about a steamy affair. He has no knowledge of that. You have no knowledge as to whether –

KINGSTON: Well he has Gareth’s words in the email, Gerard. ‘Consuming passion’, I mean usually if someone’s got a consuming passion it effects their life in some way –

HENDERSON: This is getting a bit tabloid: Steamy affair.

KINGSTON: …especially (if) the person they’ve got the consuming passion with seduces them into defecting and changing parties.

HENDERSON: Well I think you might calm down a bit…

JONES: None of us have actually seen this email and, after all, it can be written by any person. We don’t know the email came from person X to person Y. We don’t know anything about the email except Laurie Oakes tells us it exists.

… HENDERSON: Just because someone does something after something else doesn’t mean they did it because of something else. And if you’re going to run that line, which you’re running very strongly tonight, you should have some evidence, preferably primary sources. You have none, and as far as I’m aware Laurie Oakes has none, that goes to causality, which is pretty important.

JONES: Can I just jump ahead to the other point that point that Margo Kingston made, which is a very important political point. Simon Crean did jump into this issue today in London and he has said that both of these parties have to come out essentially and clear the air. Has he made a misjudgment here?

HENDERSON: I haven’t seen the full context in which he said that. I was surprised by his comment, but it was probably thrown at him and he responded. I don’t know that they do. Unless we’re going to change the rules in Australia, but I must say if we change the rules, they’re going to be people in the Labor Party, the Liberal Party, and the Democrats and other places, who will be required to say things they never have to have been before.

I mean, it is in the recent biography on John Gorton by Ian Hancock, the late John Gorton told him he’d had what he called two or three affairs while the Prime Minister, but no-one raised them at the time. There was no public interest in that and if John Gorton chose to reveal that late in his life that was his judgment. What we’re dealing with here is something quite different. I think it’s an unnecessary move in Australian politics.

I think we’ve been better off without it. If we’re going to do it with politicians, I mean they’re figures in business, they’re media proprietors, they’re figures in the media. Where are we going to stop?

Just because I think or Margo Kingston thinks or Laurie Oakes thinks there’s a causality here, we can then say what we like?

JONES: Margo Kingston this is precisely the debate that the United States had, isn’t it, when the Lewinsky-Clinton affair was first brought into the public. We’re bound now to have it here. Which side are you going to fall on? Are you saying that it’s history and therefore it’s an unwritten history, we need to know all the truth and therefore that justifies this personal exposure?

KINGSTON: No, not at all. That’s why I say if it’s a precedent, it’s a very particular precedent. Cheryl Kernot put out her jaw to have it punched by writing that book, and, you know, it’s Cheryl all over: It is just the saddest, saddest thing. To me the real villain in this is Simon Crean. Neither of those people have any duty or any obligation to say anything.

HENDERSON: You just said the real villain was Gareth Evans. Now it’s Simon Crean. Who is the real villain here? In my view the issue didn’t have to be raised in the first place. Perhaps it might be some figures in the Canberra press gallery.

KINGSTON: The fact of the matter is Laurie sat on this for several years. Cheryl has made all sorts of aspersions about all sorts of people in the Labor Party whom she felt distanced themselves from her and we now have a possible explanation for that.

GERARD HENDERSON: Her book is pretty mild. It’s not a strong critique of people.

***

Princess Cheryl’s Revenge

By Don Arthur

The Mercedes has entered the tunnel. Let’s see who’s on board…

In the back seat is Princess Cheryl sipping chablis and chatting to journalists on a mobile phone. What a long strange trip it’s been, she says. And what a useless lump of lard that chauffeur is…

At the wheel is the addled Mr Oakes. Enraged by spiteful comments from the back seat he turns the wheel sharply towards the gutter…

And trapped in the boot, grinding his teeth with rage, is Gareth Evans.

Will anyone get out alive?

***

Susan Metcalfe

I just heard you on Lateline and have to strongly disagree with most of your views on this one.

I don’t believe this revelation by Laurie Oakes takes us any closer to any kind of truth. What this does is once again attempt to discredit an individual, a woman – Cheryl Kernot. The media may feel justified in doing this but I fail to see how this is in the national interest. I am not served by the constant attacks on this woman, in fact I am sickened and diminished. All she has done is put out a book which expresses her point of view. But heaven forbid she criticised the media, so now she needs to be punished yet again.

I don’t need to know about Cheryl’s sex life, I am not interested in Cheryl’s sex life – it is irrelevant to me. Do we attack the decisions of male politicians because of who they are sleeping with? No. It is only because she is a woman that there is an assumption that her decisions were based on her relationship with a man.

But where does this truth telling end? Will Laurie Oakes continue playing God and decide which of our gay politicians, past and present, should be outed. Will he start pointing the finger at all the sham marriages and affairs because surely then that would help us to explain their motivation and decision making. That’s not the kind of truth I’m interested in.

Perhaps we should all have to disclose who we’re sleeping with before we express our point of view or tell our side of a story. Or maybe we could start disclosing which journalists have had affairs with which politicians – undoubtedly this would reveal something, although I don’t think it would be the truth.

To all of the media please leave Cheryl Kernot alone and focus on more important political issues. Get out of the gutter. I DON’T WANT TO KNOW.

***

Bernadette Neubecker

I’ve just seen you on Lateline. Now, as a woman, I don’t really care who has an affair with whom or whether they disclose this information or not. The fact that Laurie Oakes should ‘hello’ express this to us all says a lot more about Laurie Oakes than it does about Cheryl Kernot. I really don’t care if John Howard has affairs! I do care about whether it has any relevance (which I believe from your interview this evening, you think ) to the situation. I don’t. But then I’m just your ordinary jo blow. I feel this has more relevance in the parliamentary press gallery than it does with the rest of us!

***

Jozef Imrich

It appeared that Gerard last night just wanted to disagree for the sake of disagreement for the sake of ABC viewers …

No writer can be a hero in his or her memoir and Cheryl is no acception. Memoir is risky and writers must take the good and bad. Human nature is complex and I assume this is what makes us read the paper:

***

Jim McKenna

I’ve just finished watching your encounter with Gerard Henderson on Lateline and I feel a little saddened. As a person I have some time for in the media I was very disappointed by the line you took and the seemingly poorly thought out reasoning you presented.

The whole idea that this affair – relationship has any relevance is nonsense. Most of us have had affairs and do dumb things but in most situations others don’t have any right to know about it. The same goes for politicians. Up until now this has set us apart from the Americans and British. I hate the thought that our politics and media should go down that path.

Gerard is correct – no cause can be shown! Please return to the side of the good guys.

***

Richard Hand

I was very disappointed to see you supporting Laurie Oakes, he has gone over the line and should be condemned for it.

***

Peter Hannemann

Gerard Henderson was appalling on Lateline. You did an excellent job in putting up with his continous ridiculous interjections. He was almost an apologist for Kernot and her pathetic book and her more pathetic affair with Gareth. Shona Martyn made herself look stupid.

***

Paul Kilborn

I was an admirer of your work until I watched your performance on Lateline. Sleazy!

***

Laura Taylor

I must say, Margo, that I was appalled by your justication of the Oakes report on Lateline last night. I remember some years ago you featured as one of the cheerleaders in the Margaret Simons book on the gallery, which among other things, made strident criticism of trivial reporting in the Press Gallery, not to mention the so-called caucusing of junior reporters.

Now a senior reporter (a “big hitter” I believe the term was) says “it’s true” because Laurie says so. I think that’s called the herd following the leader. So much for the caucus theory!

As for the Kernot affair, surely if it was relevant at all, the time for reporting it was years ago. That time has passed and the publishing of her book is a lame cover. Even Oakes looks uncomfortable trying to justify this. This is just payback, or worse a vendetta.

Margo: I argued on Lateline that big stories by two names in the gallery – Oakes and Grattan – are always considered reliable – and that we (the Herald) had independently confirmed with Labor sources that there was an affair and that it was not revealed to Labor leaders before the defection. All I am saying is that Oakes is very credible, and that we always follow-up his stories on that basis.

***

Cynthia Harris

Of course the truth impacts on all Ms Kernot’s actions. Bring out all the muck I say!!

***

Rob Schaap

I do think you’d have done well to allow Henderson’s point last night (that a legal private act neither persuasively necessary nor sufficient to cause an act in public life should stay private). Our media’s default setting is already far too individualistic, gladitorial and sensationalist to serve its purported democratic function well, and I think Henderson’s point that a journo needs a pretty compelling public interest case (as opposed to whatever might interest those weaned on news-as-celebrity-soap-opera) before vomiting a public figure’s carnal affiliations all over us is very important.

The Australian’s case, made today by its editor, that public and private life can not be distinguished that easily, has important truth in it, but not nearly enough to justify this reckless launch down the slippery slope, for mine. Michael Stutchbury’s argument affords sallacious tattle-tales carte blanche, no?

With respect to your Lateline argument, as I understood it, four points came to my mind:

(a) It’s pretty insulting to both parties (and, arguably, their respective genders) to portray a helplessly swooning Kernot being literally seduced from one party to another by an Evans you seem to frame as an unscrupulous party honey-trap;

(b) To the (undoubtedly significant) degree one’s decisions in public life might be influenced by one’s private relationships, I don’t see why sexual relationships should be considered particularly decisive in this respect, yet the front page has not bothered to tell us who Kernot’s best friends and mentors are;

(c) If one’s sex partners do have the role you ascribe them, then the sex lives of those who interpret, package and convey our news for us should be a matter of public record, no? As you often declare, journos work hard and long. Would I be too far off the mark in assuming that if they’re to have a sex life at all, it’s likely to involve those with whom they’re in such daily and prolonged contact? Certainly, the Canberra rumour mill churns out the rumours of such liaisons at a steady rate. If a particular journo bonks a pollie, should s/he be obliged to disclose this at column’s bottom?

(d) The reasoning you seemed to employ last night, that (x) occurred before (y) and therefore caused it, might as easily be applied to Oakes himself. On such an account, Oakes finds he is not as generously treated in the book as he might like, and consequently wreaks some vengeance. But you can’t be reasoning thus in this case, else you wouldn’t be supporting the act publicly, eh? No, in the case of an esteemed colleague, you’re happy to grant the benefit of a significant doubt …

This story is out of the bottle, but perhaps it’s not too late to nip a nascent sheet-sniffing journo culture in the bud, eh?

Margo: In my view, the criticisms of Laurie in Kernot’s book would be a factor weighing AGAINST publication, for the very reason that it leaves him open to allegations that he was motivated by revenge.

***

Libby Werthein

I totally disagree with your point of view on Lateline. . What about Bob Hawke and the journalist and the many other woman he had affairs with? What about all the other male politicians who have had affairs? What about all the affairs and personal friendships between journalists and politicians – do those affairs explain their articles? Why don’t we make a hit list and put them all in the newspaper. Bob Hawke would have been constantly in the media for his affairs.

This is another form of sexism and I am sorry you are buying into it. But I guess your just another journalist playing the boys game. All I think the last two days behaviour of politicans and media highlights is exactly what Cheryl Kernot said she was subjected too. The issue of the afffair should never have been raised in parliment and good on Gareth for denying it.

There are far more important issues to address, like the total lack of accountability of universities and voice and rights of the 2.4 million students, but who cares about that when you can have some fun at other peoples expense.

I look forward to seeing the list of affairs and juicy little tit bits of all the journalists and politicians who think that subjecting Cheryl Kernot, Garth Evan and their families to this is OK.

Margo: The last journo I know of who had an affair with a politician was outed in the press after suspicions that some of her stories were based on leaks from him. An affair of itself is not relevant, but an affair between leaders of opposing parties can (not MUST) be a different matter, I would have thought, as could an affair between a politician and a person who got a job under the politician’s patronage.

***

Simon Thomsen, editor, The Echo, Lismore

Tell me – perhaps it might explain why I’m a country hack at a two-bob paper….

Two ex-politicians shagged each other five years ago. Is this front page news? Is it even interesting? Evans supposedly lied to parliament – about sex between consenting adults. Like doh…

In the scheme of lies, it seems to be the Canberra press gallery would be better off watching big brother and providing analysis on the dancing doona’s importance to national security.

If you’re gonna run with this story surely the big issue is why would anyone want to shag Evans?

Margo: When I told the friend I’m staying with in Canberra over breakfast today that Cheryl had a long affair with Gareth, she said; “What a terrible breach of privacy; could you go out and buy all the papers?” People disapprove, but are compulsively interested.

***

Philip Birch-Marston in Curtin, Canberra

After watching Lateline I am a little amazed at the naivity, or professional discretion, that came over in the discussion over the Kernot/Evans soap opera. Ever a believer in the glory of conspiracy theories, I have an opinion that perhaps Simon Crean is being a lot more clever than he is being given credit for.

Living in Canberra, one of the warming aspects of frosty mornings is the latest rumour. However, one persistent rumour that has served to provide a surfeit of heat for a couple of winters is the purported relationship between (RUMOUR DELETED)

Maybe Simon Crean is trying to create a stage where moral responsibility of our elected representatives will become a major issue. If this theory is correct, Mr Crean may well prove to be the most far sighted leader the Labor Party has had since Whitlam. The backchat in the House of Representatives during the next session will probably cause more public outcry and hopefully will cause the current Speaker no small amount of apoplexy.

***

Chris Kuan

I notice Con Vaitsas in Waiting game on SIEV-X bemoaning the lack of mongrel “get-into-em” from Michelle Grattan and was reminded of your appearance on Lateline. I think aggressive confrontation tends to elicit defensive answers (duh!) which degenerates into the blandspeak which Con hopes to avoid.

How did a discussion on the journalistic merits of the Kernot revelations turn into a personal baiting competition? Not that I’ve ever been a fond follower of the interviewing technique that Tony Jones used, which seems to be more common everywhere nowadays (ie “Do you agree with my statement ‘X’?” usually phrased as “BUT isn’t it the case …” ) which is just begging to be answered by a curt “No” by a mischievous interviewee one of these days.

Anyway, it looks like you need more sleep 🙂

***

Sue Deane

Once upon a time I wrote a furious letter to you after an article you wrote on Ms Kernot. I explained that after 20 odd years in the ALP, I had let my membership lapse. The last straw was the breathless news from a friend that Cheryl had “defected” and all that followed.

At the time the safe seat of Sydney was being contested by a handful of most extraordinally capable women, the left having the numbers and deciding a woman must have the seat. Why? They should all have had a chance of a seat – wherever.

I eventually picked up my membership as Ms Kernot slid into chaos. At the post-campaign report by a failed candidate in 1998 I listened as she politely tried to find ways and means of explaining the awful situations Cheryl had placed OTHER PEOPLE in (not just C herself ) in the previous months. I’m afraid I let go a speech of sorts, full of frustration and anger re Ms Kernot. I recall “total lack of depth academically, politically, and intellectually” and “no sense of humour”.

Suffice to say I have been preening myself every since on my fabulous insight. Cheryl Kernot never did concern herself with others – Cheryl was alway numero uno and expected to be treated as such. Her outstanding flaw is the ability to be totally insensible to the feelings of others.

You talked on Lateline about the perception now of Cheryl and whether it would change. NO – but my perception of Gareth Evans has. What a twit – he was witty and articulate and and and ……. what was he thinking?

Bugger Gerard Henderson and his holier than thou third degreeing. He’s missing the point. Cheryl has betrayed the trust of all sorts of people over and over – and then paid out on them almost endlessly for anyone who wishes to set her up on a public platform. I felt miserable each time she betrayed the party which supported her. Remember – she was supported and paid for some fatuous job when endless numbers of branch members were seriously desperate for work prior to her standing. Of course there should be pay back – how long do you stand around being pummelled without reciprocating.

***

Glenn Murray in Chatsworth Is. NSW

I’ll believe in the slob’s integrity when he starts releasing info on the sexual activities of all the other members of parliament. Is he now trying to imply that he has never sat on info relating to parliamentarians? I think he is a rat. This smacks of some sort of revenge attack by Oakes.

The ABC has done itself no glory either – it has been wallowing in the “affair” under the guise of reporting the issues. As for the alleged participants I couldn’t care less and I really don’t want to know about other peoples private lives.

***

Noel Hadjimichael in Camden, NSW

What has happened to the ALP? Policy paralysis at the last election; dubious debates about the 60:40 rule that union hacks could not fathom; the tacky soap opera of Evans and Kernot …. it appears that the Prime Minister has achieved his often reported desire to return to the 1950s: an impotent Opposition, racked by policy indecision, unresponsive to the major issues of the day and tainted by petty scandal.

The Liberals have promoted a “steady as she goes” reputation and toughed out any upsetting scenarios such as the SIEV-X. Grey and dependable seems electorally sound!

The general population, especially in regional and rural Australia, are fed up with this lacklustre Opposition. The Kernot relevations have just about put the icing on the cake – Labor can’t even manage the defection of a media junky like Cheryl without collateral damage.

***

Peter Woodforde in Canberra

Laurie Oakes said on ABC RN World Today – http://www.abc.net.au/worldtoday/s598365.htm – “If I’d wanted to be a News of the World journalist, or a British tabloid type journalist, I could knock off five front pages tomorrow , you’re right about that. But that’s not what I’m about, and I hope that’s not we’re about in Australia.”

His boast of Five More Big Secrets ready for page one must have sent an interesting frisson through the offices of politicians, journalists, public servants, service personnel and the moneyed elites watching PBL’s careful demolition of Mrs Kernot and whatever remains of the Democrats.

It’s a little like the phase-one tease aspect of the PBL magazine piece aimed at Kernot. The fact that Oakes uses the subjunctive (and elsewhere during the interview was painfully contrite) does not excuse the fact that there are plenty in and out of the profession who may now say: “Oakes got Kernot but is shielding plenty of others”, whatever his intentions. There isn’t any more particularity about Kernot’s (or Evans’s) private life than there is about Oakes’s. The email and Evans telling parliament the Randall statement was “baseless” are just furphies. Evans’s and Kernot’s private lives (if any) are not and were not the business of the Parliament any more than they are of the media. Evans’s statement will not close this issue (ie public figures’ private lives), because now, all bets are off.

What do we now say to the mawkish media bottom feeder bastards who would maintain that the public (ie the media marketplace) can’t judge what Oakes has written about Kernot until we know all about Oakes’s private life, and who, having fed off that, demand the details of other private lives, maybe starting on you or some other journalist, then going on to hector Brian Harradine from his front yard, a la Colston, about his private sexual fantasies (that would amuse the $lobbering classes, that would rate), or demanding to know what Mrs Crean or Janette Howard are like in the sack from the Opposition Leader or the PM when they are visiting some foreign capital, should they decide any of those matters are relevant.

Now that Jung and Freud are patrolling the corridors of the Press Gallery, we must know everyone’s innermost dispositions.

Big Brother has come to Australian public life and all bets are off.

PS – I particularly look forward to any forthcoming book by ex-Archbishop-Hollingwor=th-defender Professor David Flint, who crowed about the Oakes-Kernot stories and effectively said her book was asking for it. Presumably any Flint tome will come with some sort of confessional prologue, perhaps festooned with tasteful Polaroids.

Waiting game on SIEV-X saga

Today more SIEV-X, including the ever-so-helpful personal briefing Matt Brown, Defence Minister Robert Hill’s chief of staff, gave to The Australian last week on the SIEV-X surveillance maps – maps Hill still has not given the unthrown children inquiry.

Then the remarks on SIEV-X by outgoing chief of the defence force Admiral Chris Barrie and incoming navy chief Admiral Chris Ritchie at today’s handover ceremony to the ADF’s new leadership team. To end, readers comment on the state of journalism as discussed on Late Night Live’s journos forum this week and more Webdiarists out themselves as members of the audience.

It’s a waiting game now on SIEV-X – waiting until Robert Hill has finished exclusive briefings to The Australian on the defence task force report before he deigns to give it to the inquiry for which the task force prepared the report.

You have to feel sorry for the Defence Force people. They’re not allowed to tell the story as they see it because their political master is too busy playing pay-back and media manipulation games with it to suit his petty political agenda. Three hundred and fiftythree people dead by drowning – what better topic to play games with. And why should the defence minister, of all people, care that he’s wrecked Defence’s careful process of rebuilding the media’s confidence in it after the children overboard fiasco, where Peter Reith banned them from saying anything so he could perpetrate his lies. Hill began his tenure telling defence to be open. Now he’s playing Reith’s game.

The contempt Hill is showing to the Senate unthrown children inquiry is simply staggering. The inquiry has had to look up Webdiary to see the navy’s surveillance maps. The maps and the SIEV-X report have been on Hill’s desk for ages, after he told Defence to send it to him and he’d send it on to the inquiry. Yesterday, Defence was reduced to lobbying Hill to get the documents it thinks will clear up the SIEV-X mystery to the inquiry now. No luck – Hill promised the inquiry the documents today; they didn’t come.

Hills game, it seems, is to drip feed The Australian so the report is old news by the time everyone else gets the documents.

All this comes after Hill destroyed the navy’s chance to get its maps into the public arena 12 days ago. The defence force task force chief, Admiral Raydon Gates, was scheduled to give evidence on June 21. That week, partly in response to Herald questions, the navy plotted aerial surveillance patterns on the crucial SIEV-X days. The week before, Hill banned Gates giving evidence. On Network Nine’s Sunday program on June 16 he unbanned him under tough questioning.

On Wednesday Defence advised the Herald that it wouldn’t answer our questions because Gates would do so at the hearing on the 21st. Believe it or not, Hill had rebanned him in a letter to the inquiry but hadn’t told Defence! And the reason? Not to stop Gates giving evidence on SIEV-X, but on witness tampering.

It was Gates who blew the whistle on an alleged attempt by an officer in the Department of Prime Minister and Cabinet, Brendon Hammer, to interfere with the testimony of Commander Stefan King, who told Hammer the children overboard photos were fraudulent on October 11. An attempt to tamper with a witness to an inquiry is self-evidently within the terms of reference of that inquiry, yet Hill pretended it wasn’t and asserts the Senate will have to extend its terms of reference before Gates can give evidence. Another political game, yet more contempt for the inquiry and the Defence Force.

Hill thus stuffed Defence’s attempt to explain to the public its search patterns on the day SIEV-X departed and the day it sank.

I’ve got hold of briefing notes Matt Brown apparently gave The Australian to accompany the maps he leaked the paper. So you’re aware of Hill’s current spin here are Brown’s notes.

***

SIEV-X surveillance

By Matt Brown

This will form the basis of a new submission from Defence to the Committee which we hope will correct a lot of the ‘assumptions’ relating to surveillance.

They are in addition to the declassified summary of intelligence which will be provided to the Committee.

The bottom line is that we are looking for all illegal vessels entering our surveillance zone.

SLIDE A-1 (MAP 1 in Webdiary maps archive)

Shows the full “Charlie” surveillance zone relevant to this issue. There were two other aerial surveillance zones used to capture other routes to mainland. PLEASE NOTE – the blue line is the 24nm zone where Orions did not fly. You will note the Charlie zone line crosses it in some places – this is only because the map they’ve drawn connects coordinates with straight lines (it can’t draw curved lines), so it’s a technical glitch. The planes would not fly beyond the blue line – the first 12nm is sovereign Indonesian territory, the second 12nm is a “contiguous zone” recognised under UNCLOS (the International Convention on the Law of the Sea). While I’m not sure if Indonesia actually claims this zone, Australia, as a signatory of UNCLOS, recognises it. It is also primarily used as a ‘buffer’ to ensure our planes don’t fly into the more important 12nm sovereign area.

The surveillance zone is approx 34,600 square nautical miles.

The times expressed on these maps are local times in the Charlie surveillance zone.

Defence advises that there was one full surveillance flight flown each today – the times of which varied from day to day. I can explain this once you’ve looked at the maps.

They had to fly approx 2 hours 40 minutes from the mainland before they entered the zone. They would then spend 4 to 5 hours covering the zone (dependent on weather and level of activity) before returning to the mainland.

It was standard for them to start their fly patterns from the south and work their way north before departing. I can explain that too.

Importantly, Defence advises that all radar contacts on the 18th and 19th scheduled daily flights were visually identified.

The flight patterns on the maps are indicative only – they show the general pattern followed. The distance between flight tracks would depend on weather and atmospherics and how they impacted on radar range. We can talk about that too.

SLIDE A-2 (MAP 2 – Flight path, the morning of October 18, the day SIEV-X departed Indonesia)

Gives the general pattern of surveillance flown that day.

Flight entered at 0935 and left 1411.

The aircrew assessed that the flight achieved 100 percent surveillance of area Charlie and 25 contacts were located. Slide A-3 (MAP 3) gives these contacts. 21 were visually identified – 2 as merchant vessels and 19 as fishing vessels. (Two of the contacts were multiple fishing vessels so you want (sic) see 25 dots on the map.) The other four were detected within the 24nm Indonesian zone so were therefore not visually identified.

SLIDE A-5 (MAP 5, flight path on the morning of October 19, the day SIEV-X sunk)

Shows the flight pattern for the scheduled flight of Oct 19.

Entered zone at 0530 and left 1044 – 5 hours 14 minutes in the zone.

You will note it detected SIEV 6 in the southern zone. (Margo: Intelligence reported to the PM’s people smuggling task force on October 18 says two boats left Indonesia that day – SIEV-6 and SIEV-X.)

Why hadn’t SIEV 6 been picked up further north? This comes back to staggering the times of the daily surveillance flight.

It is possible that SIEVs can enter the northern zone after the daily surveillance flight. The reasons the flights are at different times is if you miss them on one day in the north, you can still spot them the next day in the south before they reach Christmas Island. You simply can’t have 24 hour a day aerial surveillance.

The aircrew reported 100 percent surveillance of area Charlie with a 75% probability of detection in the northern areas. This acknowledges the simple fact that radar is not perfect and the weather conditions on the 19th were not as favourable as they were on the 18th.

The flight detected 37 contacts in the zone – 8 visually identified as merchant ships and 22 as fishing vessels (again some were multiple detections so the numbers don’t match up exactly on the slide.) A further 7 contacts were not identified as they were either outside of the zone or inside the Indonesian 24nm zone.

SLIDE A-7 (MAP 7, flight path on the afternoon of October 19, when SIEV-X sank)

While the Orions flew a daily flight to cover the entire zone, the HMAS Arunta had a helicopter which flew surveillance flights as required over the southern zone to support the ship. It is important to understand that helo flights did not cover the full zone and were never intended to. They flew close in to Christmas Island in support of our ships.

On the 19th, the HMAS Arunta helicopter was out of service. Navy requested an additional Orion flight to cover its absence.

The flight path is shown at Slide A-7.

Into zone at 1644 and deported at 2115 – 4 hours 31 minutes.

The flight concentrated on the southern zone as per above – it’s what the helicopter was supposed to do. As noted in our letters to the SMH and Age, bad weather reduced the flights ability to proceed any further north so the whole Charlie area was not covered. (As noted, the helicopter would not have covered the whole area.)

It only covered 95% of the two southern quadrants because of bad weather.

You will note that Slide A-8 (MAP 8) shows only one radar contact in the north-west sector. Poor weather meant they didn’t have the flight endurance to check it. You should also note that this is after the time that SIEV X reportedly sank – so it could not be it. The one contact could also (speculation) give an indication of the deteriorating weather conditions leading to vessels leaving the area – that’s my speculation, not ADF (Australian Defence Force).

SLIDE A-9 (MAP 9, flight path on the morning of October 20, when Indonesian fishing boats picked up survivors)

Flight path for normal flight Oct 20.

Entered 0535 and departed 1046.

Achieved 100% of southwest and northwest sectors, 90% of northeast and 45% of southeast.

This, of course, is after SIEV X sank. Differing reports say the survivors were picked up between “just after dawn” or as late as 1000.

Boats were detected on radar and visually identified at around 0800 in the northwest sector.

Importantly none of the accounts from survivors have indicated that a plane was heard overhead so it’s unlikely that the Orion flew straight over the top of them.

RE – SUBSEQUENT DAYS

As I said, a full aerial surveillance was done each day.

October 21 – 1250 to 1724

October 22 – 0628 to 1125

October 23 – 1225 to 1744

Again, please note that the times bounce around and that this is standard practice. We don’t want the conspiracy theorists accusing us of scheduling our flights to avoid the chance of seeing SIEV X. (Margo: What a strange remark! SIEV-X was well and truly sunk, 353 people well and truly drowned and 44 survivors well and truly picked up by two Indonesian fishing boats by October 21. And who is the “we” – he’s not including the Australian reporter in his little conspiracy, surely.)

***

TONY KEVIN on the maps

A few quick reactions:

* Note how the words “Sunda Strait” are persistantly misplaced on all the maps, way out to sea in the Indian Ocean. This is quite seriously misleading. Was it accidental, or was it done to try to bolster the false claim that SIEV-X sank in the Sunda Strait?

* The afternoon 19 October flight path map (MAP 7) is striking. Look how (after the storm encounter) fuel and flying time were subsequently wasted in the southeastern quarter which could have been applied to the vital, in a search-and-rescue sense, northwest quarter.

* Note how on 18 October the Orions were detecting vessels up to 20 miles outside the limits of the NW surveillance zone, going up towards and into Sunda Strait, but not on 19 or 20 October. Were there really fewer boats around in these locations on 19 and 20 than on 18 (hard to see why) or weren’t they looking so far outside their zone boundary on these two days? If so, why?

These maps reinforce the importance of Senators quizzing Orion flight commanders on how they operated (see my piece in Peeling the onion) and – especially – if they had been briefed to look out for SIEV X on any of these flights, and if so what information they were given?

On the Commander Banks precedent, I don’t see how ADF could try to refuse to give the Committee access to flight commanders. After all, nobody died on SIEV 4 – 353 died on SIEV X. Australian surveillance activity is now a crucial issue.

***

CHANGING THE WATCH

Vice Admiral C.A. Ritchie AO RAN

My primary message today is rightly to the members of the Navy, both uniformed and civilian and to those who work in close support of us in industry. I know, as do the majority of people in this country, that you are doing a great job for Australia. Navy has a high public profile and is well regarded for its operational competence. We must value that reputation and work together to nurture it and remove any misconceptions that will put it at risk. There are a few of those around and their correction is of great importance to me.

Admiral Chris Barrie

I would also like to address today some of the genuine concerns raised by a number of commentators over the deaths of approximately 353 asylum seekers from the vessel now known as SIEV-X. While this was a tragic event, the Australian Defence Force cannot be responsible for the deaths of those people. Our ships and aircraft received no distress calls. None of the vessels detected by our aerial surveillance around that time gave us any indication that they were aware of any vessel in distress, or had picked up survivors.

Moreover, our mission was directed specifically at enabling the Australian Defence Force to act when it could have a lawful authority to do so. That is, when vessels approached suspected of carrying asylum seekers, approached Australian waters. Not on the high seas and not in another country’s waters.

The first indication received that the vessel had foundered was on the 23rd October.

Let me remind you that the Navy has a proud record of rescue at sea. You may recall the crew of HMAS Adelaide, courageously rescuing all the survivors from SIEV-IV when it foundered.

Advice available to Defence on when and from where SIEV-X departed was contradictory and it did not provide a basis for changing surveillance patterns.

Some commentators had concluded that the position of the sinking of SIEV-X is known. The fact is the position where the vessel foundered is unknown and all attempts to estimate the location are speculative at best.

Senior Defence Force Officers testifying before the Senate Select Committee in Estimates have provided detailed information on Operation Relics. Unfortunately their factual testimony has been incorrectly construed by some to imply that we deliberately pulled back our aerial surveillance in mid-October of 2001 to the vicinity of Christmas Island. In fact, we continued to survey the area and we did not pull back the surveillance as suggested.

None of the surveillance flights detected the SIEV-X vessel. I am scandalised that some people seriously believe that we somehow changed our modus operandi to deliberately avoid detecting this vessel.

The men and women of the Australian Defence Force that I lead stand ready to assist people in distress, as we have always done. However, we can only effect rescue when we are aware there is a vessel in distress.

READERS ON SIEV-X

Simon Kelly

Partly in response to comments made by Hamish Tweedy in The truth is out there… and by others elsewhere, I’d like to make the obvious point that there is more to this than just one isolated incident.

As was shown by the ABC’s 4 Corners earlier this year, the PM’s office had direct input into what would happen to a boatload of Afghanis intercepted near Ashmore Island. Instead of following normal operating procedure, the Navy was to hold them at Ashmore for a matter of days before word came through they were to be escorted to Indonesian waters. On the way towards Indonesia the Afghani’s were allegedly ‘restrained’ with capsicum spray and electric batons. Once left in Indonesian waters the ship sank and at least three people are believed to have drowned – all because the PM didn’t want them interfering with election coverage. (A Prime Minister surreptitiously demanding a leaky wooden boat, overcrowded and unseaworthy be taken out of Australian waters during the middle of an election campaign is not leadership, it is manipulative, opportunistic, spineless and cowardly behaviour. I for one expect far greater moral judgement and a far more ethical approach from a leader.)

This, after Tampa, the disgraceful handling by government ministers and their staff of the ‘children overboard’ photographs and the ridiculously expensive and unnecessary ‘Pacific solution’ is not responsible government.

No-one is trying to denigrate the men and women serving on the ships of the RAN, or the Orions of the RAAF. But the fact is they have become the ones doing the Goverment’s dirty work. It is not written policy that is being followed but cynical politics.

I say good on you to the journos putting in the effort to peel all those onions.

PS: Regarding SIEV-X, we hear everyone heard it first on CNN. How did CNN find out? (Margo: Here’s how, courtesy of the original CNN story. This is the only story to state that SIEV-X had a radio on board.)

 

Migrant ship sinks; most of those aboard killed

October 22, 2001 Posted: 8:24 PM EDT (0024 GMT)

GENEVA, Switzerland (CNN) — A boat carrying 400 migrants sank in the Java Sea Friday night, and all but 44 of the passengers are believed to have drowned, the International Organization for Migration said here Monday.

Spokesman Jean-Philippe Chauzy said the boat left Java last Thursday morning with 421 people aboard. He said 21 people demanded to be let off and were left on an island.

Later, he said, the captain radioed that the engine had failed and the boat was sinking.

He quoted survivors as saying that the boat went down quickly, and that they were picked up Saturday morning by local fishermen.

Chauzy said the ultimate destination of the boat was unknown but migrants frequently use such voyages as a way of reaching Australia.

He said most of the passengers were Iraqis but there were also Iranians, Palestinians, and Algerians on board.

Every year thousands of migrants pass through the waters of southeast Asia in their search for better lives. Many who leave Indonesia head for Australia.

In August a Norwegian freighter rescued more than 400 people from a sinking Indonesian ferry off the coast of Christmas Island. Australia refused entry to the asylum seekers and they were eventually sent to New Zealand and to the remote Pacific island of Nauru.

***

Hamish Tweedy

I concede that it is your job to question and investigate, I am also prepared to concede that in fulfilling this role you become vulnerable to the charge of having become a partisan participant in the process and am happy to accept that your motives are journalistic and apologise for questioning your motives (although I don’t believe I was too wide of the mark on your opinion of the Government Ministers involved).

I cannot however escape the feeling that the way this whole SIEV issue has been framed has a lot to do with people who felt that John Howard exploited the refugee situation to win the last election trying to force a few pigeons home to roost. By that I mean John Faulkner leading the questioning and the lack of subpoenas. I imagine that this appearance whether a reality or not is likely to make judgements about what the inquiry means necessarily partial and ultimately futile.

In the end what I object to is, that the RAN will be apportioned a share of the blame (either publicly or by inference) for the deaths of 353 people and I don’t think they should.

***

David Dowell

The consistent spin of the Liberals and their apologists is that it is an attack on the Navy. Nonsense, we just want to know what happened. Each time there is new information the story changes.

I pay for the Navy, the task force, the camps, etc. I want to know. The same apologists are screaming for the details of the “Kernot Secret”. I am waiting for one of them to use the “War on Terrorism” as the reason it must be revealed. Do we know who issued the order not to “Humanise or Personalise”. Has this been revealed in the inquiry? (

As for the attacks on Webdiary, why does it worry them so? Why are we constantly being told to shut up and stop asking questions.

Margo: Peter Reith’s media adviser Ross Hampton (now media flak for health minister Brendan Nelson and banned by Cabinet from giving evidence to the unthrown children inquiry) gave the don’t humanise, don’t personalise order to Brian Humphreys, director-general of communication strategies at Defence.

JOURNALISM

For a pessimistic stake on the state of journalism today, see http://www.nybooks.com/articles/15581. Former New York Times correspondent Russell Baker describes “journalism’s age of melancholy” in What else is news?

Jenny Forster

I was at the Late Night Live forum and I didn’t go up and shake your hand either. (See David Eastwood in yesterday’s Webdiary.) I thought Neil from Redfern or Newtown or wherever Crullers lurks sounded like an idiot when he said to listen to Price. Maybe I just didn’t get it.

Re Webdiarist Hamish Tweedy’s comment – “I think you know it is a political stunt (much like the ABC) but really don’t care. If the Opposition thought the inquiry was anything more than a political stunt they would issue the subpoenas” – It is absurd to suggest the ABC can do any investigative journalism of this sort as it would be assumed to have an anti-government agenda and a result in mind.

Apart from a couple of pointed questions from Kerry or a report on 4 corners ( which the lawyers have whitewashed for a week prior) or Adams talking to the converted (the 2.3% converted according to Crullers on crikey.com) the ABC is in a state of stall due to all the axe grinders.

PS: What has happened to David Davis? I am actually missing the boomer bashing. (Margo: He’s promised he’ll be back soon. I miss him too.)

***

Con Vaitsas

I went along to the ABC forum and found the debate by the journos stimulating, but the questions asked by the public were very disappointing. Most didn’t focus on what is wrong with journalism but on various issues not within the confines of the topic – mostly the asylum seekers and the ABC.

Unfortunately the show ended before I got my chance to ask a question. One of the reasons why many people are turned off by the media is because they keep reading/hearing the same opinion makers. Why does the print media have such an emphasis on using commentators who are related? We have the Gerard & Anne Henderson, Robert & Anne Manne, Dennis & Angela Shanahan, the Devine family…..

You made a comment about Michelle Grattan being eased out of the SMH. Sure she is considered an excellent journo but she is too damn polite and boring in her stories. She is dealing with politicians who are now highly skilled and given comprehensive training in how to handle the media, but Michelle and too many other jounos treat these people like novices.

We the readers want some BITE, we don’t want politicians to pull the wool over the eyes of the media and consequently the public. I want news stories to feature all the facts and not use ambiguous language that can be code for a completely different meaning. Opinions should be written separately.

Is this too much to ask for? If some respected media commentators/journos have to be sacrificed, so be it.

***

Cloud

I listened with interest to the media forum, apropos of which you may be interested to read this excerpt of an email from Dave McKay at the Woomera Refugee Embassy:

“As you know, there has been a lot of media interest in the role of the Refugee Embassy in relation to the refugee breakout, including interviews with BBC World News, CNN, and some European News mob. However, media interest here in Australia has had a bit of a nasty touch to it, heavily orchestrated by DIMIA.

“ABC Radio’s PM crew did an interview with me yesterday, and they really beat up a two-word message that I received from the “Desert Liberation Front”, which was merely that the escapees had reached “relative safety”. The interviewer did a bit to make something more of that than it was (and never even bothered to ask how old that piece of information was… it was, in fact, quite old), and then their news crew beat it up a bit more, until it became the second lead story on their news broadcasts throughout the night, as though they had some really strong evidence regarding the whereabouts of the escapees. The truth is that they had NOTHING.

“What bothers us is that the media takes the REAL information that we have and says, “We don’t believe it,” and then when we say we DON’T really know much, they invent things that we have not said. We have had several reports from journalists that DIMIA is pushing them to create a picture of a conspiracy which would justify even greater oppression and secrecy at Woomera. The amazing thing is how much the media (even the ABC, surprisingly) has either knowingly or unknowingly, co-operated with it. ”

This battle is hard enough without activists having to fight misinformation and biased slants in the media.

What servants are for

More than a month ago I promised Webdiarist Daniel Maurice my take on the merits of Labor not forcing Reith and advisers into the box on the children overboard scandal.

I didn’t get around to it, but luckily someone much more expert in these matters, former senior public servant John Neathercote, has agreed to do the job. He’s also a former Senate committee secretary, editor ofParliament and Bureaucracy and joint editor of The House on Capital Hill. He’s currently researching the modern public service, and is a regular spectator at children overboard inquiry hearings.

While I agree with John in theory, there’s some political considerations which make me forgive Labor a little bit, for now. The children overboard inquiry is investigating matters which most Australians don’t want to know about. Many say they don’t give a damn whether kids were thrown overboard or not. Others say the government should shoot the lot of them anyway.

Then there’s the inevitable partisanship of the committee, as the Libs defend their team and Labor attacks it. To attempt to force attendance in these circumstances would mean accepting significant political risk. Bad losers, obsessed with the past, no ideas for the future, blah, blah, blah.

I can see why John Faulkner came up with his ploy – to get an independent person to read the evidence so far and decide whether any of the cowards who won’t explain themselves have a case to answer, and, if so, to state that case.

Bringing independent, expert judgement to bear will increase the pressure on the recalcitrants and make it harder for the government to credibly hold its line. It sets up a better atmosphere for the Senate to press the issue.

None of this will matter, of course, if Labor doesn’t eventually take the plunge. Faulkner doesn’t rule out subpoena, but it may not be up to him in the end.

Accountability on this means accountability for Labor if it ever gets back power. It would improve standards on both sides through fear of exposure. It would be good for us, the people.

Since the government says neither it or the public cares about any of this, why is it working so hard to avoid allowing the buck to stop where it belongs? Because they DO care. It DOES matter. None of these people want to be fingered for conniving in lying to the Australian people, let alone on a matter like this. It’s despicable. They don’t mind they don’t mind knowing they lack integrity or ethics, as long as others can’t prove it and they don’t have to face themselves in any mirror but their own. Let the innocent cop the heat.

Before John’s piece, here’s a summary of the matters the missing witnesses would be asked to explain if they had the self-respect to account for their behaviour. Remember, most of these people are still on the government’s payroll.

THE DEFENCE MINISTER

Peter Reith: Former defence minister, now on a nice little earner as consultant to a defence company wanting government contracts. Says he’ll go to the High Court if necessary to avoid testifying.

Government’s excuse: Why should he? It’s found the perfect cover for lies – appoint someone who’s retiring to run your dirty tricks campaign, wash your hands of him after you win the election, and look after your hero on the quiet. An accountability free tactic, and it works!

The evidence:

11th Oct – Australian Defence Chief Chris Barrie tells Reith during a “testy conversation” that the photos do not depict children thrown overboard and were taken when the boat was sinking.

Probably on the 17th Oct or thereabouts – Barrie tells Reith that there are doubts about whether children were ever thrown overboard. Barrie: “I had a conversation with the minister in which I informed him that I had been told by the Chief of Navy and COMAST that there were doubts about whether children had ever been thrown over the side of SIEV4. I said to him the doubts seemed to be based on what the photographs showed – or did not show – and an inconclusive video.” [Certain Maritime Incident Committee, 12 April 2002]

31st Oct: Silverstone (Northern Commander) tells Reith (when he visits Darwin) that video does not show children in the water. According to Silverstone, Reith said to his staffer that was travelling with him, “Well we had better not see the video” Silverstone does not know who that was though he doesn’t think it is Hampton. (Hendy, Scrafton?)

7th Nov: Acting ADF chief Houston tells Reith there is no evidence that children were thrown overboard.

7th Nov evening discussion: Reith tells Howard that there are doubts about the video. What else did he tell him?

***

THE STAFFERS

Government’s excuse: There’s some convention or other under which political staffers don’t give evidence to parliamentary committees. When in opposition, the Government hadn’t heard of such a thing, and subpeonaed Labor staffer David Epstein to take the stand. And he did. Why won’t Labor do the same?

Peter Hendy, Reith’s chief of staff

8th Oct: Hendy receives the Department of Foreign Affairs Situation report 59 on the Adelaide’s dealings with SIEV-4, which does not mention children thrown overboard, just that “13 unauthorised arrivals jumped overboard”

31st Oct: Silverstone (Northern Commander) tells Reith (when he visits Darwin) that video does not show children in the water. According to Silverstone, Reith said to his staffer that was travelling with him “well we had better not see the video” Was it Hendy?

8th Nov: Peter Hendy spoke directly to Navy chief David Shackleton about releasing a new media statement after Shackleton told the media: “Our advice was that there were people being threatened to be thrown in the water and I don’t know what happened to the message after that.” Admiral Shackleton was pressured by Hendy to release a second press statement – to take the political pressure off the government on the eve of the election.

Ross Hampton, Reith’s press secretary, now press secretary to another minister.

7 Oct: After demanding more information about the children overboard matter, Ross Hampton received from Strategic Command a fax which states: “Fourteen SUNCS have jumped or have been thrown overboard”. No mention of children. Hampton continued to demand more information about the children overboard matter from Strategic Command on the 8th Oct. Strategic Command could find no written evidence to indicate that children were thrown overboard.

10 Oct: Brigadier Bornholt informs Hampton that the photos could not be taken on the 7th October because Strategic Command had told him that of the 14 people that they understood to be in the water there were no woman or children.

Miles Jordana, was and is Howard’s foreign affairs adviser.

8 Oct: Katrina Edwards – first assistant secretary of Department of Priume Minister and Cabinet – testifies that Jordana rang her asking for more material on the children who were thrown overboard such as their age, and the number who went into the water. Jordana was sent a number of reports (the committee is yet to find out what these reports were). No report ever came from Defence that mentioned children being thrown overboard.

10th Oct: Jordana received a copy of the Taskforce “Talking Points” for the 10th October which stated: “15 suspected authorised arrivals either jumped or were thrown overboard by other suspected unauthorised arrivals.” No mention of children.

7th Nov: Miles Jordana calls Bryant on 7th Nov to “refresh” Howard’s memory for National Press Club Address. Bryant says she supplied Jordana with reports from 8th Oct: DFAT SITREP 59. – HDHQ OP GABERDINE/OP RELEX 0800 BRIEF 8 Oct 2001. Jordana later tells Bryant they were not much help to him in preparing for Howard’s speech (probably because neither mentioned children being thrown overboard.)

7 Nov: Miles Jordana told by PM’s people smuggling task force chief Jane Halton that she has heard there are doubts about the photos and that they did not represent the children overboard incident. According to Halton, Jordana said that the Prime Minister’s Office already knew about the photos and they had it under control. The next day, The Australian reports that HMAS Adelaide sailors claim no chidren were thrown overboard. Asked at the Press Club about the claim, Howard dismisses it as hearsay on hearsay. He ignores a question on whether the photos were wrong. He reads from an Office of National Assessments (ONA) report that says children were thrown overboard.

7th – 8th Nov: ONA report attachment warns Howard that the report he subsequently uses at the Press Club on 8 November 2001 is flawed. Attachment is sent with ONA report to Howard, but Howard claims Miles Jordana separated the two documents, only gave him the reports, and didn’t tell him about its flaws. ONA rings Jordana again on the 9th Nov concerned about the way the ONA report is being used in the media. Once again Jordana does nothing to clear the record.

***

THE BUREAUCRAT

Mike Scrafton, Defence department public servant seconded to Reith’s office to advise him on defence.

Government excuse: There’s never been any talk of a convention about public servants being exempt from giving evidence, so Cabinet made up a new rule to look after its new mate. After the election, Scrafton returned to the defence department as a senior executive. He kept involving himself in the children overboard matter, but Defence Minister Robert Hill banned him from giving evidence even on his post-Reith activities. Another new rule – once a public servant/ministerial adviser, never accountible as a public servant. Hill later banned a junior defence department officer in Reith’s office as a liaison officer simply because she handled the famous captions to the famous photos which famously got lost. Another new Hill rule – a public servant who isn’t an adviser and is in his office as an officer of his department is exempt from giving evidence on anything the government doesn’t want her to.

The evidence

10th Oct: Maritime Commander Admiral Ritchie told Scrafton that the video did not show any children thrown into the water. Despite this Reith used the video to claim to the media that children were thrown overboard. Air Vice Marshal Titheridge also told Scrafton that the video was inconclusive mid October, when Scrafton asked for a copy of the video.

10 Oct: Scrafton receives the Strategic Command chronology which says in a footnote: “There is no indication that children were thrown overboard.”

11 Oct: Defence public relations officers Bornholt and McKenry told Scrafton that the photos were not of the 7th Oct incident. The photos were also emailed to Scrafton with the captions showing just that. The terrible irony for the navy – they thought the photos were a good news story of a courageous rescue after SIEV-4 sank. .

7 Nov: Howard speaks to Scrafton twice during the evening. According to Howard it was about the video. Note Howard’s qualification. Howard, 19 Feb 2002, Press Conference: “No my recollection of the conversations I had with Scrafton, the way he described it to me, my recollection is that it was inconclusive and that was the observation I made. Now he may have a slightly different recollection than that and I’m not saying his recollection is inferior to mine but that is my recollection.”

Late March 2002: Howard’s chief adviser Tony Nutt rang Jennifer Bryant – who did the firstabout Mike Scrafton’s evidence to Bryant, who did the Department of Prime Minister and Cabinet’s report on the scandal, about Scrafton’s written statement to her. “Mr Scrafton stated that he had been involved in or aware of a number of discussions between Mr Reith’s office and the Prime Minister’s Office and the Prime Minister, which he could not discuss.” According to Bryant, Nutt asked her if she knew what Scrafton was referring to. If not could she find out. She said it would be imprudent and refused to do so.

***

What servants are for

By John Nethercote

The so-called children overboard affair, the subject of investigation by an increasingly long-running select committee of the Senate, is deeply revealing about the current friendless situation of the public service in government, and of clear failings in accountability structures and mechanisms, including, perhaps especially, at Senate level.

For the public service, the affair demonstrates its fragility in the face of both ministers and, more perniciously, ministerial staffers. In the absence of adequate means to bring ex-ministers and ministerial staff to account, it demonstrates the vulnerability of the modern public service.

When the modern ministerial bureau was created nearly three decades ago by Gough Whitlam (on his very first day in office as prime minister), a major purpose was, as he expressed it, to “de-politicise” the public service. Instead, in the children overboard affair, it is the public service and the Australian Defence Force which are in the political front-line.

Like medieval malefactors, they are placed in the stocks before this Senate select committee for hours, even days.

Meanwhile, in this controversy, it is ex-ministers and their staffers who have been depoliticised. They are nowhere to be seen in precisely the very forum where they should be taking the lead. They have become an accountability-free zone.

The origins of this course of events may be found in the ideas governing the relationship of ministers and officials fostered throughout the Hawke-Keating governments and finally embodied in the new Public Service Act 1999.

A public service in the Westminster tradition is marked by character, experience, ability and a measure of independence under ministers; it should be frank and fearless in dealings with its ministerial superiors.

The touchstone example of this doctrine in action is the Loans affair, the international borrowings activities of the Whitlam Government. When the surreptitious activities of various ministers and departments came to light, there was a major face-to-face encounter between Prime Minister Whitlam and the Treasury secretary of the day, the legendary Sir Frederick Wheeler.

Disconcerted by Wheeler’s questions about the loans, and how the huge sums were to be used, the rattled Prime Minister told the determined Treasury secretary that he was “on the skids.” “Prime Minister, I simply seek to inform you of facts your ignorance of which will bring you down”, Wheeler retorted.

In children overboard, by contrast, there seems to have been an attitude that ministers and even top officials ought not to be informed of facts, their knowledge of which might bring them down.

Children overboard is a telling case of deprofessionalisation in government and government processes; it calls into question not matters or competence or ability, but what Sir Arthur Tange spoke of in 1984, as the new system was taking shape, as “backbone.”

In the dawn hours of 6 October 2001, whilst engaged in difficult manouvres with Suspected Illegal Entry Vessel 4, the commanding officer of HMAS Adelaide, Commander Norman Banks, received a telephone call from his superior, Brigadier Silverstone, in Darwin, seeking an update on the situation.

It is unusual for a commander in the field to be so interrupted.

The purpose of this interruption was not related to conduct of the operation, or any other naval or professional objective. The aim was to brief a minster – the Treasurer, apparently, not one directly involved in administration of the border protection policy – about to appear on TV.

Silverstone recorded Banks as saying that the passengers on SIEV 4 were threatening to throw or were throwing children overboard.

This aspect of the conversation has subsequently been the subject of contoversy. But, at the time, the message went up the military chain of command and beyond at virtually the speed of light. Immigration secretary Bill Farmer very soon put Minister Phillip Ruddock in the picture and he shortly passed it on to assembled media. Later that day the Prime Minister actually received a memorandum briefing him about the matter. He, too, spoke to the media.

It was a case of ultra-responsiveness in high degree. No public service needed to be told that under the new Public Service Act, a key value is “responsiveness.”

They also know that the old “frank and fearless” obligation was, well, a thing of the past. Certainly, that advice should be “frank” was in the Act, but only because a parliamentary committee had protested against its omission from the bill the Government – Peter Reith, indeed – first brought to Parliament.

There was no reprieve for “fearlessness.”

And all those involved, public service and ADF, know that in the new regime, tenure, the back-bone support of the traditional system, was also a thing of the past.

This was very fully appreciated in Defence where the unseemly removal of former Secretary Paul Barratt in 1999 was still a green memory. Itself a capricious act, it was only one of several questionable departures.

The incident, in these tense days, threw into sharp relief the weaknesses of values-based public service legislation without adequate institutional supports and protections.

The essential problem was plain: contentious information of uncertain accuracy, procured in non-professional circumstances, was allowed to pass into the public domain in the treacherous period between the calling of a House of Representatives election and polling day itself. No such alacrity accompanied corrective action once the veracity of the information, and photographs purportedly portraying the incident, came into question.

Those who had reservations were reluctant to press them and certainly avoided putting them into writing. A number of those involved defined themselves out of the action by narrow interpretations of their responsibilities and obligations.

Such is the system of administration bequeathed by the past two decades. Accountability has been restricted rather than enlarged; ministerial responsibility, in this case, is in remission – on which, more later.

But just how much the administration is at fault is unclear. Various administrators involved claim to have informed ministerial staff, and thereby ministers, of their concerns; Air Marshal Houston’s conversation with Reith in the week before the election is the most reported of these contacts. Even it was a telephone conversation without follow-up paperwork.

Inasmuch as the full truth can ever be known of this post-modern fiasco in which so little is recorded in writing, it requires examination of the ministerial/ministerial office side.

These people have scurried for cover: without them the Senate inquiry is like Hamlet without Rosencrantz and Guildenstern (and Claudius).

Their absence from the dramatis personae of the Senate select committee is the consequence of a farce featuring the Opposition (including the tenacious interrogator John Faulkner, himself an architect of the defective public service regime) and various parliamentary authorities.

Whilst the Senate committee itself procrastinated over calling those involved at the political (ministerial, ministerial office) level, and with awe-inspiring courage directed its fire especially at the public service but also any ADF officer unable to assist in showing up the Government, the Clerks of the Senate and the House of Representatives had a vigorous exchange of memorandums.(No recourse to telepohones here.)

Harry Evans, Senate Clerk, claimed that the committee had an extensive authority to call anyone apart from other parliamentarians exempted by self-denying ordinance. Clerk of the House Ian Harris countered with a view that the exemption of members of the House extended to former members at least in matters for which they have previously been responsible to the House. He, however, suggested that the select committee seek independent legal advice.

Evans disputed the value of seeking such advice, arguing that given the lack of materials necessary for a firm opinion, it would basically be settled by whether the author was pro-Parliament or pro-government. In the meantime he commissioned an opinion from Bret Walker of the New South Wales bar. The Walker opinion supported a very broad interpretation of the committee’s powers to call ex-ministers and ministerial staff:

“. . .[I]n my opinion the question in relation to the so-called former Ministers has only one correct answer: viz they have no immunity from compulsory attendance to give evidence to a Senate committee, because they are no longer Members of either House . . . there is no right in a former Minister who is no longer a Member of the other House to resist an order given under the undoubted power of the Senate.”

” Resistance is, in my opinon, clearly a serious contempt, and punishable as such.”

And regarding Ministerial staff:

” . . .[S]o long as nothing involving extended breach of Cabinet confidentiality is invited or required, Ministerial staff, whatever place they hold in or out of the public sector at the time they are ordered to appear, must comply with that order to appear and give evidence before a Senate committee.”

Eventually the select committee itself was brought to a vote by Australian Democrat Senator Andrew Bartlett. The Government senators abstained. The Democrat proposal was voted down by . . . the Opposition.

Clearly in this matter there has been no Pym or Hampden to attend to the Parliament’s, and the country’s, accountability interests.

Notwithstanding the congenial and unequivocal Walker opinion, summoning Reith and various ministerial staff (present and past) would be met with expensive and time-consuming court challenges. A need to protect taxpayers’ money was discovered. It took precedence over the need to protect the interest and integrity of government not only of taxpayers but other Australians as well.

Better, instead, to commission yet another luminary of the Sydney bar (reportedly Mr S Odgers, SC) to review the evidence and give advice on questions which ex-ministers and their staff should address – not so much a Clatdon’s solution as a Claydon’s obfuscation.

It has been left to Dr Ian Holland of the Parliamentary Library to speak truth about this slippery, evasive stratagem:

” … the Committee essentially capitulated in the face of the executive’s determination . . . it is not clear what an outside lawyer might achieve that would not be ably and properly achieved by the Committee itself.”

Dr Holland’s view is that “the approach taken by the Committee continues to give the executive the upper hand in its tussle with the Senate, despite the government lacking any unequivocal legal basis to its stance.”

“[u]ntil one of the Houses tackles a government over ministerial staff, using the full force of the powers available to it, ministerial staff will remain in the accountability vacuum so condemned by oppositions and beloved of governments.”

So, at present, there is noone with stomach for this fight, even in the present case where the balance of argument and public interest could not be plainer.

The real, unstated and unstatable reason for not pressing summonses on ex-ministers and their staff has nothing to do with spending taxpayers’ money, which is not invariably a top-priority consideration in Parliament House.

It has everything to do with keeping the Parliamentary Privileges Act away from judicial scrutiny, especially that of the High Court at a time when it is probably better informed than usually about parliamentary privilege. The consequence is that grave accountability weaknesses will not only persist but will be further entrenched.

For, notwithstanding the Walker opinion (obtained at what cost and for what purpose?), the enduring fact is that the opportunity to bring ex-ministers and their staff within the loop of accountability has been aborted by the ill-advised Opposition vote on the select committee.

A quest to bring an ex-minister and ministerial staff on an important matter has ended, after much bluster and grand-standing, in successful resistance by the Executive Government.

Declarations to the contrary, a precedent has been created; it will call for a far more serious matter, when time may be pressing, to overturn it. The cause of accountability has suffered a substantial and significant defeat.

The Labor Opposition, when it returns to office, will no doubt enjoy the fruits of this victory which it has ceded to the Government.

The consequence for the public service in particular, and other arms of government such as the ADF, is that they will remain in the front-line of accountability, with ministers and ministerial staffs, like the generals of the Great War, well way from the sound of the guns.

Where once, under ministerial responsibility, ministers had to stand up and answer for their officials, the vulnerability of the public service is now such that it must defend not only ministers but their staffs.

Such is the fate of Australia’s untenured public service.

Feet-on-ground Utopia

Today, a mix of pieces from Webdiarists on everything from IVF to a working definition of the Third Way. To begin, Webdiarists recommend two ABC programs to lift your spirits.

Gavin Gamble likes “the current Books and Writing (Radio National – audio on demand) concerning the terrific and amazing story of the Borroloola Library and its cast of characters”.

“They include the various hermits of Borroloola – Bill Harney, Ted Egan (my fave for Australian President, singing heartfelt songs of social justice using a cardboard box) and, unbelievably but truly, David Attenborough.

“It’s a great Australian and human story exemplifying the antithesis of current Coalition values. It’s a vision of Australia combining the self educated noble stockman, Cunnamulla and an early Athens of the Gulf of Carpenteria and it’s a fabulous doco. I can’t wait for the book to come out.”

Lisa De Ferrari likes “The good citizen” series (abc), on Friday’s at 2.30pm.

“I think we will look back on the late “Howard period” (whenever it may finish) as to what it said about Australian democracy, the importance of the Constitution and of its principles of separation of powers and representative and responsible government. Just a brief look at issues in the last, say, 4 years, would give a list which included: the republic debate/debacle, the preamble to the constitution, reconciliation and a treaty/document with the Indigenous people, the attacks against the courts, the undermining of the independence of the public service, the “lead from behind” style of politics, the ever expanding power of the executive, the attempts against basic civil and political rights with the ASIO and anti-terrorism laws. Probably forgot a few, but you get the picture. Ah, yes, the role of the media.

“My view is that the debate should be one that looks at all the various strands together, and analyses events / trends / ideas in that context. This broader debate isn’t really happening in Australia – there’s bits of debate here, there and everywhere, but either there isn’t the time or the inclination to address the broader context. Whatever a specific issue is debated, it never gets put in a more general context of democratic principles and the rule of law.

“These programs on “The good citizen” are, I think, a very good start.”

TODAY’S ISSUE

1. Rod McIntyre says “I am beginning to find I have a lot to say”.

2. Sean Richardson is inspired by the census to resolve the IVF debate

3. Meaghan Phillipson on the youth vote.

4. John Wojdylo says The Third Way is about “keeping the feet on the ground while reaching for the open market Utopia”.

5. Roland Killick on ten ways to improve ourselves.

6. Professor John Quiggin king hits Aaron Oakley.

1. KIDS ARE US

Is this who we want to be?

By Rod McIntyre, Sydney,

When was the last time you watched little kids playing together? Preferably when there are lots of them and they don’t all know each other – like a community playground on Sunday afternoon. Preferably with a cafe right beside, so it’s an outing both for you and the kids.

Just watch them. It’s amazing really. They are so immediately social. Sure, sometimes there are dramas and falls and a tear now and then, but on the whole they are these guileless little people, sharing each others fun so enthusiastically. They compete to climb the highest, but you will notice that when one wins and the other stops short, the winner will climb down, because it’s no fun playing up there by yourself. You will notice on the big slide, the huge excited laughs are about the other kids slides just as much as their own. They share names, and point out their mums and dads to each other, they spontaneously launch into fantasy stories where everyone can be a superhero.

If you haven’t the opportunity to do the playground on Sundays thing, then take a bus from a busy suburb hub to a major shopping centre. If you’re lucky a Mum or Dad will sit close to you with a small child. Just watch the kid. You will be studied with huge inquisitive eyes. Smile, you will get a smile back. Say hello, you will get a hello.

Most likely by that stage, the ice will be broken. You might be introduced to the favourite action figure, or be offered a play with the racing car. Respond to this and you are a friend! You will be told with gravity and directness that Spiderman is sooooo way cooler than Batman, and that Obi Wan is better than anybody. Mum is going to make me a cape when we get home from the supermarket ! Bye, they will say as the bus stops, as if we will meet again for sure tomorrow.

These are beautiful little people. Rich/poor/black/white/ brown, that stuff isn’t important to our kids – hell, it’s not even considered. Beautiful, guileless, giving little people. A joy to have, a joy to watch, and my hope for the future.

My problem, and the reason I am writing this, is that when I look at all the things that make up where I live and how I live, this thing we call society , I don’t like what I see. I am not talking about not liking it as in `Oh, things are a bit rough but they will get better’, I am saying this is real bad, and I can see it getting worse.

What has happened to us? What kind of country are we going to leave for our precious children? The government is doing awful things in our names, and we are told it is what we want. We are told that a couple of thousand starving, broke, almost drowned refugees, whose home is so terrible they risk their lives to run away from it are a threat to our country. We are told that they are to be detained in a miserable place, indefinitely, or until we can send them back to the hell they have just escaped. The government tells me that this is what I want, what Australians want.

I saw a man on the news recently who said that those who are already in these miserable detention centres should be shot if they cause trouble. I was told by the news program that there were quite a few Australians supporting this man.

Before this I was shown pictures of little children in the sea, some about the same age as my son, I would think. I was told that their parents had thrown them into the sea, and for this, I should despise these cruel people. I was told that what I wanted was that we should treat them harshly and send them back.

Do you know what I thought? I thought what economic or military hell did these people come from that would cause them to do this terrible and desperate thing? I did not know that it was a lie at that time.

So here I am now, thinking about watching my son play on Sunday, maybe with your son or daughter. Here I am now, asking myself, is this who I want to be? When my boy grows to become a thinking person, with conscience and sensibility, am I the man I want him to see me as? The man who has been told I want to incarcerate woman and children, or even desperate men, but most likely desperate only to work, to feed their children, maybe to watch them play on a Sunday afternoon.

No. It is not who I want to be, and I don’t like being told that this is what I want, because it isn’t. The saddest thing is that I don’t understand why you all do.

2. ALL CARE, ALL RESPONSIBILITY

Find a friend, have a baby

By Sean Richardson, Sydney

I first dreamt up this idea in response to the IVF/single women/lesbians debate we nearly had earlier in the year. To begin: I have a problem with the idea that government funded IVF should be seen as an absolute right.

On the one hand, any unbiased person who knows more than two gay people (of either gender) will have realised that many would make fine parents, probably in about the same proportion as the rest of us. I was going to make a smart arse comment about an exception regarding tackle practice for junior, but then again, Ian “Iron” Roberts. And in this day and age we all know any number of well adjusted adults who come from divorced and therefore “single” parents. Although it would seem that ready access to the parent who isn’t at home (or a committed substitute) does help.

On the other hand though, it is also true that having no knowledge about half of your biological ancestry hurts the kids involved. There are on-going legal struggles by “test tube babies”, as they used to be known, to gain some knowledge about their biological dads. Anyone who’s been to the doctor should know why: “is there a history of X in your family?” The now young adults involved also describe emotional dislocation, not to mention the nightmare scenario of innocently entering upon a romantic relationship with a half sibling.

And it really is a patent load of crap to assert that single parents don’t require more welfare support. This is especially true where the non-resident parent is completely out of the picture and therefore not making any support payments. As one of those weirdo married heterosexuals, I and others like me will find it a bit annoying if we have to make all the compromises of marriage, and work our butts off to support our own kids, and on top of that pay enormously increased taxes so that women who’d rather not have to put up with shavings in the sink can be supported from consolidated revenue.

What? Well, to hopefully enrage the right wing economists who’ve started hanging about the page with the temerity to compare themselves with empirical scientists (fnar fnar!), economies always come down to the collection and distribution of resources, and the money has to come from somewhere. Some will call for the disbandment of the defence forces but, while much of the world is still safe from democracy, I’d rather find another way to pay for a broadening of the idea of “family”.

Recently we’ve had one NSW MP saying that the problem is that old male commitment phobia. Whilst it’s great to see public policy ideas based on a Bett Middler movie, the actual statistical truth is that, for whatever reason, most divorces are initiated by women, so begging men to hang around wont solve anything. And of course Mr Anderson now asks the country to have a cup of tea, a Bex and good lie down. You don’t need the Oracle of Delphi to see the potential of this movement whilst ever women keep the vote.

But the Herald did say,in response to the census, that traditional political fixes weren’t going to work as society rapidly changed. And changing rapidly it is. Teleportation recently happened, and in Canberra! I bet Star Trek didn’t see that coming. We may be among the last humans for whom dying is not optional. And there’ll be no way to get chicks back in the kitchen now. Given the interests of the child and the constraints of the budget, public policy needs to get inventive.

To get the ball rolling on the family issue, heres my 2 cents which can be officially labelled Richo’s Nutty Idea.

It seems to me that there is a reason that human reproduction (no discussion of those femmo bonobos or nasty patriarchal chimps please) has always been a two person job well beyond the really fun part at the beginning.

Raising humans requires care, ie feeding, supervising, and teaching the ways of the world. It also requires the collection of resources for food, shelter, clothes, tools. Both of these are nearly full time jobs, and all of our advances do not seem to have changed that fact. So, although men can now feed babies with the amazing high tech of bottles and formula, and women can just buy red meat from the supermarket and don’t need a mighty hunter in the household, it still requires at least two adults to raise kids self sufficiently. The extremely rare “private income” aside, single parenthood and the constraints of the 24 hour day necessitate outside help.

Importantly to my proposal, I really think general self sufficiency is extremely important, as it underpins freedom and the very right to chose that has lead to this debate. Put very basically, if youre dependant on someone, they can tell you what to do. This is why employment opportunity is so central to feminism. As soon as we allow a system where certain people are required to live on hand-outs, liberty begins to erode: Structural unemployment to long term dole to work for the dole. And possibly: State supported single parenthood as a right to unsustainable welfare to no breeding without a licence.

So, given the accepted nature of even traditional marriage as a “contract”, how about this: For non-married persons to gain access to the IVF programme, at least two adults (“the Parents”) have to sign a Parenting Agreement. Neither of the Parents will be required to be of a particular gender or marital status, or be heterosexual.

One person agrees to be Parent A. Parent A agrees to take the Child into his or her physical care upon its birth, and to provide for it to the best of their ability, including financially, until majority.

Parent B also signs. Parent B need not be in a husband-and-wife style relationship with Parent A, they could even just be friends, but they must have known each other for a certain period of time. Parent B agrees to take the Child into her or his care and custody if Parent A can no longer care for the Child. Parent B agrees to make themselves known to the Child. Parent B agrees to support the Child financially until the age of majority.

Parents A and B work out a visitation schedule between them PRIOR to signing, which can be amended in the usual contractual way (by consent, or order of an appropriate court if necessary).

That’s the basics. I think such an agreement could also be applied to non-traditional families who don’t require IVF. For example, people who didn’t want to marry someone of the opposite sex for whatever reason, but who did want children and could find a like minded friend or lover could gain access to family tax benefits, allowances and so on by signing such an agreement. Perhaps as importantly, it would be a public, legally recognised commitment to becoming a parent, without having to pretend to be straight or married or whatever.

So the agreements could be yet more flexible. For covering the classic “two lesbians, a gay friend and a turkey baster” situation: Biological mum is Parent A, her lover is Parent B, Gay Friend and Biological Dad is Parent C. C’s agreement might be to be third in line for custody should the need arise (or the Family Court order), to provide financially jointly and severally with Parents A and B, and to make himself and his biological relationship to the Child known to the Child.

It wouldn’t take a doctor or lawyer to explain the level of commitment that went with the agreement. A simple low level briefing by a clerk somewhere (“18 years mate!”), followed by a compulsory one month cooling off period, would seem to make it unlikely that people would enter such agreements lightly or for the wrong reasons. At least as unlikely as entering marriage in the same way.

People having entered the agreements with eyes open, specifically because they want to be parents, there would seem to be less risk of one of the Parents becoming a “deadbeat”. Those who do could be dealt with in the usual hetero-divorce style. This would mean more work for child support enforcement agencies, but only because there would be more families. And those extra families would be as self-sufficient as the average married couple, and therefore usually net tax contributors (not to mention breeders of that important next generation).

As the census tells us that more people are choosing to live alone, never get married and so on, might not something like this proposal preserve the best aspects of family into the increasingly weird future? The offspring of such an agreement would know they were wanted, where they came from, and that they have the security of at least two parents, rather than one stressed, depressed and broke parent, constantly being persecuted by Centrelink for filling in the forms wrongly. I’d be interested to hear what people think: The target is up, please start shooting.

3. FOLLOWING IN OUR FOOTSTEPS

Know more, care less?

By Meaghan Phillipson

In his keynote speech to the International Democratic Union (IDU) in Washington, Prime Minister John Howard noted with some glee the rise in conservative voting amongst young voters in Australia. For Howard, this shift to the right is resultant of a broader shift by younger voters away from what he terms political party “tribalism” and towards materialistic or aspirational ends that are dependent on party performance rather than party loyalty. An interesting if not slightly self-conceited interpretation of why under-25 Australians are slowly trickling over to the right.

While Howard’s speech concerned itself with the converted, analysis over the voting habits of under-25s is largely punctuated by a belief in negative motives. If young people aren’t too apathetic to vote then they’re voting out of ignorance, insularism or materialistic reasoning. Yet these claims of why young people vote (or don’t vote) the way they do belie the complex nature of voting behaviour and that much of it is actually the result of an increase in awareness.

Judging by the tone of Ryan Heath’s article on the issue, Insulated against ideologies, the young have been captured by cynicism (smh, June 13) it must be a very bleak political landscape that he surveys. For Heath, a quarter of young people don’t participate out of ignorance and the rest are so riddled with mislaid cynicism that they can’t muster enough loyalty to stick with one political party for longer than the latest onslaught of media soundbites from Canberra.

While Heath rightly noted that any swing is cold comfort considering the high level of voter non-participation amongst under-25’s, he somewhat condescendingly used this trend of political disengagement to proffer the conclusion that this is indicative of ignorance amongst young voters. I for one have greater faith in the reasoning behind the actions of voters and non-voters in the under-25 age bracket, of which myself and (I suspect) Ryan Heath is a part of.

Non-participation should not automatically be equated with ignorant indifference but rather can be indicative of a refusal to choose between the major parties, which often don’t even acknowledge let alone represent young people in anything more than symbolic gestures.

Similarly, Heath’s concerns with a higher interest in issue-specific parties does not rightly lead to his conclusion that such groups should be denigrated to the harbingers of doom for liberal democracy. Since when has democracy been definable purely in terms of a straight two-party system? The rise of issue-focused parties and non-government organizations should be perceived as a celebration of a robust democracy that is able to accommodate dissenting views in the face of an increasingly stale and barely dichotomous relationship between the two major parties.

I think the interest in issue-specific political groups and non-participation amongst the young are closely linked as symptoms of a deeper dissatisfaction born of greater awareness rather than ignorance. We are a generation taught to question rather than believe or follow without reason precisely because we grew up watching our parents lose faith in loyalty when retrenchments and mortgage rate hikes dominated the early 90s.

We learnt of the struggle of Aboriginals for reconciliation and justice in school only to later discover the hard-heartedness of a government who could not acknowledge past suffering and, more recently during the last election campaign, we witnessed political opportunism overriding the basic tenet of civic duty, namely the protection of society’s most vulnerable.

On this point, it is important to emphasize that the loss of loyalty during the crash of the early 90s has left an indelible mark on the voting patterns of not only those who witnessed it but also the older generations who experienced it.

In this respect, the absence of “rusted-on” party loyalists is not anything peculiar to the young and should not be portrayed as so – one only needs to look as far as John Howard’s electoral 1996 election coup, in which he won over disaffected “aussie battlers” on a wave of anti-PC sentiment and promises of a brighter economic future.

Ryan Heath is right to worry about the future path of liberal democracy in this country yet this danger does not originate from ignorance or a lack of political passion among young Australians. Rather, the danger lies in the people who are really in most in need of civic education in this country – the members of the two major parties.

For the continued failure to rise above cynical politicking, which no longer passes undetected, and an inability to display compassion and integrity can only threaten to consume grassroots belief in democracy regardless of civic ignorance.

4. FREE TRADE, THE THIRD WAY

Sunrise of the Autocrats

By John Wojdylo

“Proponents of free trade should be outraged.” Indeed. Tim Dunlop’s excellent piece in Free trade: Nice work if you can get it (June 11) summarises much of the problematic side of world trade practice today. I have heard similar stories and points of view from a former US economics adviser and a Japanese economic adviser (who happens to be Australian), whose vantage point outside the U.S. economic dominion gave them a clear view of the brute force that often characterises American economic involvement in Asia.

A common (but not universal) view in Asia of how aid should be managed is to allow benefactor nations leeway to implement their own reforms. In a sense, this respects the “individuality” of the nation. After all, each nation has its own particular hurdles to overcome. Their message was, as long as it is acting responsibly, don’t bully the country into accepting your methods, which work for you in your circumstances. In this sense, this common aspect of Asian thinking is better at protecting individual rights than the reality of Western business practice!

The Americans are not alone, though, and it would be foolish to demonise the United States or the West. (Tim does not do this.) The former Soviet bloc, for example, is full of despotic economic players, and this is a reason why most of those economies are a shambles 12 years after the fall of communism. Perhaps the Americans have merely learned the lessons of the jungle, like everybody else, and wield their power accordingly. (Which doesn’t make it right.) Abuse of economic power is a world-wide epidemic: it has become accepted behaviour to screw weaker parties while bitterly defending one’s self-interest, in hundreds of modern instantiations of the Unequal Treaties. Autocrats do indeed play for keeps.

The EU, for example, is acting more and more dishonourably in expansion negotiations with accession countries. According to the International Herald Tribune (June 13), “Poland has absorbed so many exports from Western Europe that when the trade imbalance is added up for the last decade, Poland has bought about E60 billion more in goods from the EU than the other way around. Western European and American companies now control almost every major bank in the 10 accession countries and are profiting from the higher profit margins that the growing markets offer.

“A key mistake: Kalinowski, Poland’s deputy prime minister, says his country’s all-out rush toward the market economy left Warsaw without its principal bargaining chip – access to its market of 40 million people. `On a general level, as a country we made a mistake,’ he said in a recent interview at his Warsaw office. `We thought that the more we opened our economy the faster we would enter the EU. Now that I am active in the process and speaking with people from Brussels, I realize that without a doubt the only partner they respect is a strong partner’.”

At the negotiating table, power is all that counts. The law of the jungle. Pure utilitarianism, pure unthinking, short-term self-interest. Many – including George Soros – believe that without the current expansion round, the European Union experiment will fail. Europe cannot remain divided into rich and poor countries; it will just fall apart internally from the tensions.

But any sort of long-range thinking has vanished in EU debate these days. Moreover, historical memory has been wiped from the consciousness; all that remains is the bright future of our own prosperity. And the historical debt? How much more expensive would it have been for the West if Poles hadn’t stood up to communism and instigated the fall of the Soviet bloc? If the capitalist economy hadn’t been freed from the chains of the Cold War to pursue its golden calf?

Tim Evans (The Australian, June 11), incoming president and director general of the Centre for the New Europe (a market-oriented think tank in Brussels), is chuffed about the “new dawn”, and is delighted that “the sun is rising no matter how tightly [the reactionaries] close their eyes.” He is referring to the rise of the right across Europe. It is far from coincidence that simultaneously along with the rise of the right, we’re seeing a rise of shameless self-interest across the world.

What a tragedy it would be if the momentum against EU expansion continues gathering pace – the French because they feel their importance in Europe threatened; the Portuguese because they will lose a part of the giant subsidy they get from the EU; the Austrians because they fear that half the population of Poland will emigrate to their boring country; the Irish because a small, vocal fraction of the constituency can be bothered to turn up and vote against the Nice agreement in a referendum that can veto the entire EU-expansion process.

What a tragedy if Poland’s bid – in particular – is rejected or substantially delayed, after the country’s commercial institutions and market have been handed over to western European interests, under false pretences. Another great con job of history against the Polish people.

The pattern is a general one. In negotiations of any sort of business agreement, our debt to the weaker party – whether in recognition of our disruption of their way of life when supplying us with cheap labour; or for their rebellion against our enemy and creating the conditions for our prosperity – is as distant from our minds as yesterday’s news. We look forward, towards the future – our future prosperity.

Tim Dunlop quotes Nobel laureate, Joseph Stiglitz: “The issue that is commonly debated – namely, whether we should be “for” or “against” globalization – is not the salient one. As a practical matter there is no retreating from globalization. The real issue is the conduct of the international economic organizations that steer it.”

This has been obvious for a decade, yet the view has barely penetrated Western media. Simplistic “for” or “against” debate makes for sexier headlines, while perpetuating the dead issue ad infinitum, and guaranteeing more sexy headlines. Globalisation is a reality – the problem is to make the process more just.

After giving plenty of background, Tim writes, “Under such circumstances, free trade agreements are nothing of the sort: they are instruments of power, used by corporations and governments to enforce conditions favourable to the wealthy few, not the dependent many. When they don’t work as intended, the more powerful partner can just choose not to play by the rules.”

The conduct of rich countries – their companies as well as organisations like the World Bank and the IMF (Stiglitz gives the example of the IMF’s behaviour in Ethiopia) – too often smacks of colonialist arrogance. But the word “colonialism” springs to mind only because we’re looking at conduct across national borders (eg German supermarket giants in small Polish towns). The problem is more general than “colonialism”. The will to corporate power, to expansion at all costs – including breaking rules and agreements whenever one can get away with it – begins within national boundaries. This is part of the world view of too many corporate executives and government officials, and gets applied wherever they exert influence. It’s a problem of corporate culture. And a problem of democracy – voters let it happen. How do bad corporations get away with it?

If the issue, as Stiglitz suggests, is the conduct of economic organisations that steer economic activity, then the political-economic problem is how to enforce the agreements. The elements, then, of the solution to the “Third Way” question that we’re discussing in the Webdiary lie not in discovering a new economic theory, but in making better agreements (in the sense of being fairer to the workforce and environment; to the weaker party) and applying the law. The problem is getting the rich countries to lift their game.

Underlying this is the assumption that an open market is desirable. Maybe it’s desirable in some cases – after a nation gets to a certain point in its development, for example – and not others – when a national economy is in its fledgling stages, and too vulnerable to fend for itself in the jungle.

So we get back to the issue of corporate responsibility. Or, in the more general picture, the moral and ethical responsibility of the rich democracies. Relying on the ethics of shareholders, and the hope that shareholders are properly informed, is undoubtedly a recipe for corruption of corporate ethics. Corporate accountability – accountability of executives to the shareholders – is a bad joke if equated to “responsibility to be a good citizen”. However, the law cannot force people to become better ethical and moral human beings. So the problem is, at its core, a moral and ethical one. It is about the moral and ethical state of individuals of our society.

A brief note: there was a business conference (in Melbourne?) a couple of weeks ago, in which the question, “Should companies be forced to play a socially responsible role?” was debated. (I’m paraphrasing, as I don’t have the reference with me.) The “nays” won the day, scoring most points with the business audience through the assertion, “If executives have to factor in altruistic community support, then they will eventually cease to be responsible to their shareholders. And this is bad for accountability, bad for democracy.”

To give just one counterexample out of thousands – it took a major court case before BHP was made accountable for Ok Tedi: shareholders either didn’t know or didn’t care until the consequences of their company’s actions were stuffed in front of their noses and they were forced to watch. Entirely predictable. And a national shame.

Tim Dunlop writes, “It is not adherence to the beauty of neo-liberal prescriptions that matter, but how such agreements allow key governments and corporations to exercise control.” In a purely pragmatic sense, this is true. However, the “beauty of neo-liberalism” plays a great role in giving governments and corporations (through voters and shareholders, respectively) the mandate for striking the agreements.

In Australia, the Liberal Party is in power because it is seen as the best economic manager. Free market, conservative governments around Europe are being elected after proposing radical privatisation, low taxes and free trade – even though what they deliver is often something completely different.

Today, a particular busy reformist and good management image is given great credibility, while anything to do with unions is viewed with cynicism, even though the idea of unionism is certainly partly responsible for our high quality of life. Tim Evans (The Australian, June 11), writes: “Consider continental Europe, long considered a permanent stronghold of the Left. The EU presidency is held by Spain’s Prime Minister, Jose Maria Aznar, whose record of privatisation, deregulation and tax cuts has won his party two elections. In Italy, Silvio Berlusconi – who has pledged to trim taxes and dismantle the boot’s archaic labour laws – now rules with a huge parliamentary majority. Even left-wing journalists believe that he will stay in office for a full five-year term – a rarity in postwar Italy.”

Evans neglects to mention that all the right-wing governments in continental Europe today – apart from the French – were elected following populist, anti-foreigner election campaigns. Most are in power in coalition with right-extremist parties (Italy, Portugal, Austria). They owe their success to deliberately attracting voters with most abhorrent views. The centre-right leaders are deliberately unlocking a Pandora’s Box, for short-term electoral gain.

The irony is that despite the image these governments project – good managers, laissez-faire goals, all the good neoliberalist values – their actions often grossly contradict the image, in keeping with the authoritarian roots of at least the coalition partner. And voters accept the contradiction unquestioningly. Indeed, voters are even happier with government performance when it is merciless and authoritarian.

One example of such an economic contradiction is Costello’s spending spree on Fortress Australia announced in the recent budget: several billion dollars to hermetically seal Australia’s borders. Such a level of government spending ought to be heresy in the neoliberalist religion. But it is accepted by the general public because, as I argued in Rousseau and the Third Way (June 3) good neoliberalist management is a theistic belief, and whether it’s corporate imperialism or nationalism, or pure greed, or a belief in the Christian God, one form mutates into the other with consummate ease, and any one of them crush the individual, and all counterexamples from the “coal-face”. The theistic idea explains why Hitler and Stalin are two sides of the same coin, even though their paths converged from opposite directions. Brute force is given wings by ideology and Utopian visions.

Another example is Austria’s university reforms. Under the explicit and oft repeated slogan of making universities autonomous, the Austrian government is in fact about to impose a regime of control unseen in the history of the Austrian university system (apart from World War Two). The system that produced Ludwig von Mises’s “Austrian economics”, the psychoanalytic school of Freud and others, and an astounding variety of momentous intellectual achievements, is about to be destroyed. In its place, a system will be enforced that promotes pragmatic, short-term gain, and other utilitarian horrors.

More than any other example, the Austrian university reforms show that we are dealing with an ideology that is not interested in winning through fair and free competition; rather, it seeks to impose itself by bludgeoning its way into power. The character of what we’re seeing is that of revolution – “the biggest grab for power since the Russian Revolution”. It has its own momentum, its own logic.

How can governments preach, on the one hand, free competition, while on the other, aggressively carry out programs that completely contradict their professed good management values? Look at the history of the Soviet Union. Intellectual, as well as mundane, corruption (eg possession of vast amounts of personal property) was virtually universal in the elite ranks of the Soviet Union, even though all the elite were devout communists. They preached communism, applied some of its tenets when it benefited them, ignored other tenets when they did not fit their purposes. Communism is what they thought they believed in. But in fact, the words, symbolism and ideology were a ruse for grasping and holding onto power. The “religion” blotted out human compassion, to the tune of 50 million who perished in the Gulag Archipelago.

The world’s “pin-up boy of conservative, open-market politics” (our very own John Howard, no less, according to The Australian’s editorial, June 11) has just assumed chairmanship of the International Democratic Union (IDU). Tim Evans writes: “[Howard’s] speech before the US Government may capture headlines, but the chairmanship of the IDU may shape history. The IDU was founded by Margaret Thatcher and today is home to more than 80 Centre-Right parties from across the Western world. It is the communist Internationale in reverse – and future historians may well conclude that it ultimately had even more impact. Since 1983, the IDU has provided a little-noticed forum for free-market parties to exchange vote-getting strategies, revolutionary policies and organisational know-how. Over the years, visitors to the IDU would often rub elbows with Thatcher, then-vice-president George Bush, Jacques Chirac, now President of France, and many other of the great and the good.”

You can almost see the Pioneers of the open market holding hands at the IDU and singing Vstavai Firma Ogromnaya.

In fact, the impact of communism was to leave 50 million dead in the wastelands of Vorkuta and the basement of Lublyanka. The frightening thing is that Evans – and probably the vast majority of “future-oriented” new capitalists – don’t have a mind to know what might constitute the real impact of one’s actions. But this does not stop them, in the meantime, from deeply desiring to be part of a long march that changes history. To believe in something big and powerful.

How do economic organisations and governments get away with their poor conduct to such an extraordinary degree? It’s because enough voters fall for the image of responsible management, and the dream of economic prosperity for all – but especially for themselves. It’s because people are desperate for something to believe in.

Therefore I cannot agree with Kieron Convery in How many economists does it take to… , who asks me to provide him with an outline for a future and rational answers to all of Australia’s ills. “Give me real, workable solutions that outline what your `certain risks’ are.” I cannot agree that when I propose that one goes beyond theistic constructs, that one considers the individual as the measure of all things, I am giving “glib denunciations and smug-git philosophies.” In fact, I’m arguing against cop-outs like the sort of religion Kieron wants me to give him. It is much harder to live without the brain-deadening crutches of religion.

This does not mean I’m arguing blindly against everything. I am for intelligence, for human dignity. I am for understanding when, for example, interventionism is likely to work or fail – this requires economic knowledge, as well as historical, social, geographical insight.

I am against blanket prescriptions, such as that of Ludwig von Mises, founder of the Austrian school, who railed continuously against government intervention, saying that it amounts to “sabotage” of the economy.

I’m for knowing the limits of theory, and the distance between theory and reality. I do not believe that the tragedy of Australia’s Aborigines can be solved without interventionism; indeed, I believe that laissez-faire policies serve to strengthen the enemies of the Aborigines, which threaten to wipe out the culture within the next decade. On the other hand, I believe that if their culture is to be saved, then at some point, Noel Pearson’s view that Aborigines must learn to respect and help themselves, has to come into play. The Aboriginal tragedy is not going to be solved by a new economic theory: it needs a pragmatic idea and the political will. An economic theory will not stop the mining company K. from funding opposing sides in land rights claims, just to prove its thesis that Mabo is unworkable; nor is it going to stop publicans, pursuing the dream of personal empire, from destroying entire Aboriginal communities. Laws and positivist theories – like Ludwig von Mises’s Theory of Human Action” – will not make people morally and ethically better.

I’m arguing for a sort of street-wise intelligence that doesn’t pin its hopes on some master theory. (Keynesian as well as Austrian, and other, schools can give insights into economics. I want to know the strengths and weaknesses of various formulations.)

I’m for narrowing the distance between my vision of how things are and reality. If I implement an economic plan, I want to know the details of its consequences at ground level, at the coal-face. I want to be alert to injustice caused by my plan – and injustice is inevitable in the implementation of every public policy – I want to understand how I can alter the implementation to minimise the injustice.

I want to maximise prosperity for individuals, including myself, while minimising the misery I add to the world. But causing misery is sometimes necessary.

And herein, possibly, lies the criterion that sets conservative open-market reformers apart from social-democratic open-market reformers. Open market conservatives implement their market reforms in great swathes of destruction, as if believing that the neoliberalist Utopia is already a reality – as if living the dream of God – and they pay scant attention to the view from the coal-face. The master plan takes precedence over the misery it causes; knowledge of misery makes no impression, it is rationalised away, never to be felt again, never to add to the foundation of moral experience. The wheels grind on, regardless of the skulls being crushed in the name of democracy. The conscience is obliterated by belief in God.

Social-democrats have the vision of the open market Utopia in mind, look up at it as a distant goal, while trying to keep their feet on the ground. Their conscience – insofar as it is not obliterated by leftist theism – is still sensitive to the misery they cause. They implement reforms in gentler steps, trying to hang on to social justice. In trying to remain aware of the view at the coal-face, they drag their feet and appear bumbling. They’re condemned by those who believe that power – in fact, the plausible facade of power – is more important than ethical and moral good.

Here is what part of the Third Way must be, if the Third Way is to meaningfully differentiate itself from neoliberalism: the essential difference lies in the implementation of measures that are supposed to make society head towards the open market Utopia. Believers in the Third Way have to accept that different mixes of interventionism and open market policy are desirable, depending on national circumstances. The Third Way must hold that it can be desirable that the open market Utopia is never be realised, even in “advanced” societies. Different national circumstances (historical, cultural, geographical) allow for different optimal end states. The Third Way is about keeping the feet on the ground while reaching for the open market Utopia.

The model is a fallible construct; its implementation must emerge from below. The purely metaphorical picture I imagine is that the Third Way reform process is like a blanket of mist that rises gradually from the ground upwards, then disperses. In contrast, neoliberalists act as if their model can be implemented without taking immediate human concerns into account; as if the social fabric does not exist so it is meaningless to claim it is being torn to shreds. Sometimes they try to patch things up later. The model is God, and God’s will is to be enforced from above.

None of this is supposed to answer whether the open market Utopia is a desirable goal.

Finally, returning to mundane matters – but it is actually part of the bigger picture I have been trying to present – I want to address Gerard Jackson’s reply in How many economists does it take to… to my comments apropos his article published in an Internet magazine called the “New Australian”.

In my article, I was concerned with exposing pitfalls of economic theism. I had written, “The economic model becomes an ideal in the true sense of the word, itself sealed off from reality, apart from humanity and individuals’ lives – it becomes a deity. [The economist’s] faith is then theism.”

I cautioned against believing in the infallibility of one’s economic methodological prescriptions, lest a great distance arise between the conclusions of the model and the human reality. In particular, I was concerned that the vehemence of Gerard Jackson’s piece, in expressing his belief to the effect that “interventionism has caused Singapore’s economy to be a failure”, could not be justified, on two grounds:

1) Jackson had failed to consider Singapore’s broader historical and geographical context, therefore his model lacked realism;

2) as lynchpin of his rebuttal of another author, Jackson had assumed as an inviolable economic truth a statement (“savings fuel investment”) that is clearly false under certain circumstances. “Savings fuel investment; … They are economic facts”, wrote Jackson.

None of Jackson’s reply requires me to change my position. My charge of economic theism requires no retraction. He still has little idea of Singapore’s (and Hong Kong’s, for that matter) history, society or geography – the close-up view from ground-level, the view at the coal-face, a concerned interest in the destiny of a people, rather than a hodge-podge of context-free facts and statistics gleaned from cursory reading.

I only address the point about “savings fuel investment” in a small amount of detail, since this is a direct economics issue. I firmly believe it’s important that the general public not by cocooned from professional-level debate done at a generally understandable level – we have too much compartmentalization of knowledge in the media and society already; the intelligent layperson ought to be given the means and opportunity to form their own point of view.

I’m concerned with identifying theism, which includes models and conceptions that are “sealed off” from reality because one or another belief obliterates the process of information acquisition. But this does not imply a view with no perspective, where anything goes: one has to learn how to judge what’s important, what gets you closer rather than further. The challenge, when understanding a society and a people as an outsider, is to form a view, decrease the distance between conception and reality, to strive to see things from ground level, while also discerning the principles.

Regarding Jackson’s view that “Malaya, of which Singapore was, a part, was saved from General Peng’s barbarism by British, Australian and New Zealand troops”, all I can say is that he has his geography wrong by about 5,000km, as General Peng Dehuai commanded Chinese communist forces in Korea during the Korean War, not in Malaya. There was no “Korean War” in Malaya. Moreover – perhaps this is what he somehow meant – there were no Chinese forces fighting the Allies during World War II – they were on our side, remember? They weren’t all commies back then.

As for the heroism of Australian and British forces “saving Singapore”, Mr. Jackson has forgotten the most humiliating defeat in Australia’s military history, the fall of Singapore. Or perhaps Mr. Jackson somehow construes the fall of Singapore as “saving Singapore from General Peng’s barbarism”, so that, “In other words, it was because of the British that Lee survived to implement his interventionist policies.” The British returned to Singapore only after the Japanese surrendered, in September, 1945 – the Singaporeans were abandoned in 1942 to bear the brunt of Japanese atrocities alone. They did; and understood that they could not rely on others: they knew their destiny was in their own hands. This is why social stability and fair distribution of prosperity is a high priority in Singapore. Independence shapes the mentality fundamentally – as does being a colonial or religious subject.

Also, a long tour through Hong Kong’s New Territories – its deserted beaches, plains and national parks with often gently undulating hills – would cure Mr. Jackson of the belief that there is little room in Hong Kong suitable for housing. It was only in the last couple of decades or so (especially after the electrified railway was built) that the New Territories – which themselves have a land area of over 700 sq. m., compared to Singapore’s 638 – were settled, and now 3 million people (half of Hong Kong’s population) live there. And one can still visit secluded beaches and empty plains – and a national park comprising 60% of the land area of Hong Kong.

The overriding reason for Hong Kong’s immense population density is urban planning, together with people’s desire to live (and consume) in the city. It is certainly not an excuse for Hong Kong’s home ownership rate (55%) to be half of that of Singapore (a staggering 93%). Moreover, as Mr. Jackson points out, the average size of living quarters in Hong Kong is about 7 sq. m., compared to about 23 sq. m. in Singapore. The reason is pure and simple: the Singapore government cared more for Singaporeans’ quality of life than the British did for their colonial subjects.

Now to the main point. A streak of dour contrarianism is evident in Mr. Jackson’s alternative view of economics, which, though seemingly well-developed, rejects as “bilge” elementary definitions that the corporate world takes for granted. The term, “recession”, is used officially in the U.S. to denote two consecutive quarterly decreases in GDP. Looking at the 1990 figures, the annual change in GDP was, respectively: 19 (2nd quarter), -29 (3rd), -63 (4th), -31 (1st, 1991), 27 (2nd). Two decreases in a row happened twice in 1990-1991. So that was officially the U.S. recession of 1990-1991.

Mr Jackson may claim to have deeper insight into economic workings, but to reject out of hand a completely standard view accepted as an official definition by the vast majority of professionals in the area smacks of stubborn and petty contrarianism.

But this would no doubt explain his passionate embrace of the libertarian cult guru Ludwig von Mises – and of his disciples – who, from his Austrian (and later American) vantage point, in all ignorance of Asian culture, blindly denounced government interventionism as “sabotage of the economy”, even when it is clearly the best option for fledgling economies as well as more developed ones when the circumstances demand it.

More important than just working definitions are dynamic relationships that might cause a recession. These are often open to interpretation. What is indisputable, though, is that “consumer confidence” crashed during this period – and Jackson agrees that consumer confidence crashes signal recessions (“In any case, if an increase in saving were the cause then consumption would have been hit first, followed by the higher stages”). Let’s have a look at the figures, and see if they support Jackson’s view. For the same time period as above, the consumer confidence index reads: 105, 90, 61, 65, 77. In the standard model – it seems to capture at least a grain of truth – savings is defined in such a way that lower consumer confidence, at the same disposable income, means more savings. (“Consumer confidence” is gauged in the U.S. from a monthly survey of 5,000 households. There has been some debate as to the usefulness of the concept – see the IHT, June 10.) In any case, Americans indeed saved more during the Gulf War – and through mechanisms that are fairly well known, this – as far as economic analysis can be certain of anything – led to an economic slowdown, and worse.

That Jackson has a broader – perhaps even deeper – definition or explanation of “recession” than that held by most of the rest of the world may well be commendable, but before he rudely rejects fairly well-known stories, he’d be better advised to check his facts.

***

5. JUST DREAMING

Ten home improvements

By Roland Killick, Sydney

Following Tim Dunlop’s suggestion and Tony Scanlan’s imperative (see Free trade: Nice work if you can get it) , I made a list of “10 things we should think about to improve the way things are”. Obviously there are many supporting events which would need to occur in order to make these practical, and perhaps identifying them is more interesting than arguing the merits of each.

(1) Start an “Indian Ocean Alliance” to change the “United Nations System of National Accounts”. For example: http://unstats.un.org/unsd/sna1993/introduction=.asp

Assets Definition: “Assets are entities that must be owned by some unit, or units, and from which economic benefits are derived by their owner(s) by holding or using them over a period of time.” (Paragraph 1.26).

Change the definition to “Assets are entities which, if they were absent or destroyed, would require human labour to restore or replace.”

John Wojdylo in Rousseau and the Third Way (June 3) reminded us that economics of whatever colour or numerical order is an artifice. Based on mathematical foundations no doubt, but with human choices at the core of them. We can therefore change them to produce different outcomes. (Hope for Africa?)

(2) Create an “Australian People’s Institute” to advise us all on which cultural values have been neglected in the framing of our Constitution and Laws, particularly in respect of those held by Australians who do not share a Western, Christian background. And furthermore, to suggest changes to the Laws to make them compatible with these different values.

(3) Empower members of the “Order of Australia” [AC, AO] to appoint and dismiss judges and senior officers in the Armed Forces. Remove this right from Parliament.

(4) Develop a “Citizens Concord”, being an individual agreement between the State and an individual, whereby the individual agrees to certain duties, (like avoidance of sedition or masquerading as another) and in return receives certain privileges, (like freedom of speech or a legally protected identity) Have a special concord for children, and another for guests.

(5) Make all voting accountable, (no secret ballots.) If we don’t like the bullying and stand-over tactics (as demonstrated in Parliament) make all voting private.

(6) Scrap the role of Governor-General. Appoint the GG of each State in turn, (or say the PM, a man, and a woman,) to act for 5 years as “Grand Steward(s) of Australia”. Limit the role to protecting the land and peoples of Australia, as well as representational activities. Better still, do as the English did, and invite a foreign, penniless princeling to be King (but not hereditary please).

(7) Describe a way to identify National Assets (such as roads or the telecommunications infrastructure) and promote legislation to protect them. Also to limit the charging of them to cost recovery from all beneficiaries without invoking the silly “user pays” mantra.

(8) Recognise that the rearing of a socially adept and emotionally secure generation to secure our future is probably the most important Public Service job in the country. Establish a Department, with management structures and training programmes and meetings for which one parent in a family can work, receiving a decent wage, at home, raising their children.

(9) Scrap the HSC altogether. At 16 make all children go walkabout in the Bush learning traditional skills and to do without modern technology for a year.

(10) Limit the total number, (or maybe the density,) of people at offices and work sites in one city to 50,000.

PS: Here’s a book for all Webdiary economists. “The crisis of Vision in Modern Economic Thought” Robert Heilbroner / William Milberg Cambridge University Press 1995

6. RIGHT OF REPLY

John Quiggin, Australian Research Council Senior Fellow, Faculty of Economics and Commerce, Australian National University

Aaron Oakley wrote: “Why is it that people with little understanding of economics like Tim Dunlop feel free to give economic advice? Perhaps he should also be telling brain surgeons how to do their jobs.” (For those who give two hoots, May 10).

The same Aaron Oakley took violent offence when I pointed out that most of the thousands of `scientists’ touted by The New Australian and others as sceptics on the subject of global warming were totally unqualified to comment and that, of the few who had relevant qualifications, the majority were affiliated with right-wing thinktanks and/or paid consultants for the fossil-fuel industry. His diatribe is at newausProfessor Quiggin’s green McCarthyism. Apparently it’s OK to comment from a position of ignorance as long as you agree with Oakley.

More threads in SIEV-X caper

Hi. Brendon Hammer’s evidence went by the board last week, as did Webdiary, when I got tied up writing news on SIEV-X for the Herald. The story is gaining momentum but, as many of you have remarked, it’s very complicated and very incremental.

Some have asked what I think really happened. David Eastwood writes:

“It’s f…ing hard to follow the threads of this SIEV-X caper. Perhaps there’s something clever your on-line wonks could do with technology and graphics that makes it easier to digest for those of us in the non-verbal neuro-linguistic zone?

Am I to understand that by negligence, incompetence or worse, my government and/or public service and/or armed forces may have contributed to the death of 350-odd wretched souls?

“We’re not at war, so it’s not a war crime. International waters, so I guess we’re not liable by international convention as such, but the “law of the sea” as I understand it (I am at times a mariner of sorts) does require all ships aware of an impending disaster within reach to render assistance if possible, at least by convention if not by letter.

“I’m not aware of too many international precedents for this. The routine Bangladeshi and Philippine ferry capsize disasters are usually human error or neglect by commercial enterprises, albeit poorly regulated.

“Outside war, how many other governments (using that term broadly) are complicit in this way?”

David, I don’t know where all this will lead, and I’ve given up constructing theories because the tale twists in mighty strange ways. The story is at the stage where the facts are emerging bit by bit, document by document, testimony by testimony. “The matrix of evidence”, as one lawyer on the inquiry puts it, has to be in place before theories can take shape. The contradictions are legion but their meaning is still moot.

For me, the saddest disclosure last week was that the vessel the children overboard inquiry dubbed SIEV-X (X is for unknown) actually did have a name. The minutes of the Prime Minister’s people smuggling task force I wrote about last week show that defence named it SIEV-8 on October 22, two days after it sank, with the tragic annotation, “Not spotted yet, missing, grossly overcrowded, no jetsam spotted, no reports from relatives”.

After it sank, defence removed its name, and transferred it to another boat on the way. The return to anonymity of SIEV-X makes the evidence of incoming navy chief Admiral Chris Ritchie that “it is not a SIEV (Suspected Illegal Entry Vessel) as far as we are concerned” rather flippant, to say the least.

The Weblog Zarook has compiled a comprehensive archive on SIEV-X from the drownings to the inquiry evidence, and Weblogger Marg Hutton is constantly updating it. She’s produced a fantastic resource for those of you interested in the saga. http://zarook.com/SIEVX/

TODAY’S ISSUE

1. My news story today on the latest developments.

2. Possible and actual references to SIEV-X in the PM’s people smuggling task force minutes.

3. A piece by Tony Kevin, the bloke who first raised questions about what we knew of SIEV-X before the tragedy, on the implications of the latest developments.

4. Reader comments from Nicholas Crouch and Mary Dagmar Davies.

***

Here, there, wherever

By Margo Kingston

The government yesterday backtracked on its claim that 353 asylum seekers on mystery boat SIEV-X drowned in Indonesian waters, outside the range of the comprehensive defence force aerial surveillance of international waters between Indonesia and Christmas Island.

Defence minister Robert Hill reversed his position less than two days after telling the Herald he stood by his March assurance that “all indications” were that SIEV-X sank in the vicinity of the Sunda Strait in Indonesian waters. Asked yesterday if “you still maintain that boat was in Indonesian waters”, Senator Hill said, “We – well we don’t know exactly where it sank – what we do is that we didn’t have a capability to assist it because we didn’t know where it was”.

The backflip exposes the Prime Minister to charges that he misled voters during the election campaign on October 24 – the day after Australian Federal Police intelligence said SIEV-X sank in international waters – that “it sank in Indonesian waters – it had nothing to do with the actions of the Australian Government”.

Senator Hill’s reversal leaves Admiral Geoffrey Smith, the head of the defence force search, interception and return operation ordered by the government after Tampa, with yet more questions to answer on the tragedy. He told the inquiry last month that SIEV-X “foundered in the Sunda Straight”, after retracting his evidence that the navy knew nothing of SIEV-X either before it sank on October 19 or when Indonesian fishing boats rescued survivors on October 20.

In his letter of retraction, he admitted he had done nothing to search for SIEV-X after intelligence reports on October 18 and 19 that it was reported to have departed for Christmas Island and on October 20 that it was grossly overcrowded. On October 18, defence briefed the Prime Minister’s people smuggling task force that two boats were expected at Christmas Island with “some risk of vessels in poor condition and rescue at sea”.

A spokeswoman for the defence force said the navy would respond to Senator Hill’s remarks this afternoon.

Coastwatch chief Admiral Marcus Bonser has told the inquiry there was no need for a special search and rescue mission for SIEV-X because “a comprehensive surveillance pattern was in place doing nothing but looking for those boats.” But Admiral Smith’s retraction letter said that on October 19 he had pulled back aerial surveillance much closer to Christmas Island.

Speaking on the Nine Network’s Sunday program, Senator Hill appeared to withdraw his ban on the head of the defence force children overboard inquiry task force, Admiral Raydon Gates, giving evidence on Friday on his review of all intelligence the navy received on SIEV-X before it sank. Last week he banned Admiral Gates giving evidence as scheduled.

Senator Hill said he would now ban Admiral Gates giving evidence only on alleged witness tampering of a defence force witness by Dr Brendon Hammer, a senior office in the Prime Minister’s department. Admiral Gates made the allegation of witness tampering in a memo to Senator Hill on April 29.

***

2. THE PM’S TASK FORCE MINUTES

Thursday, October 18:

Further Prospective arrivals

Intelligence re 2 boats with total 600 PUAs (possible unauthorised arrivals) expected at Christmas (Island), with one possibly arriving today … Some risk of vessels in poor condition and rescue at sea. No confirmed sightings by Coastwatch, but multisource information with high confidence level.

Other issues

Status report to be prepared for PM on above issues

Friday, October 19

Current state of play

Coastwatch advised 2000 still linked to boats, next boat to CI (Christmas Island) could be 250

Christmas Island

New vessel 60+ N miles NE of CI carrying 100+. Likely to reach contiguous zone in 8-10 hours. (HMAS) Arunta boarding in 1.5 hours and (HMAS) Warramunga may be asked to attempt return, but 2.5 days to get back to CI.

Other issues

Status report to be prepared for PM.

Saturday, October 20

Further arrivals

Second boat expected at Christmas tomorrow. If arrives, assessment to be made whether possible to return (the) larger vessel. Arunta to relieve possible overcrowding … Need to consider how to handle 2 boats – simultaneous or sequential returns – noting return will take 48 hours at 4 knots?

Sunday, October 21

Other issues

Check Defence P3 is maintaining surveillance over Christmas Island.

Monday, October 22

SIEV 8

Not spotted yet, missing, grossly overloaded, no jetsam spotted, no reports from relatives.

Tuesday, October 23

Indonesia

Detailed report from 19 yo Afghani male survivor – reports sunk vessel departed 0130 hours 18/10 with 421 on board, including 70 children. Stopped near Karakatu group of Islands at 0900 where 24 left vessel. 397 still on board. At 1400 on 19/10 vessel was taking water out of sight of land. Sank very quickly but resurfaced. About 120 people on surface. 7000 litres of fuel escaped? Seas rough. Only 70 ifejackets – none worked. 19-20 hours in water from 1500 on Friday 19/10 till rescued by 2 fishing vessels around 1100 on Saturday, 20/10. One fishing vessel rescued 44 people; another rescued 5 – 4 deceased and 1 survivor. 41 adults and 3 children survived, 352 drowned. Survivors taken to Jakarta – being cared for by IOM (International Organisation for Migration) at Bogor outside Jakarta. Vessel likely to have been in international waters south of Java. (Margo: Task force member Katrina Edwards says this report was from the AFP.)

Wednesday, November 1

Other

Post (Australia’s Jakarta office) advises that Quassy (the people smuggler who organised the SIEV-X voyage) is likely to only be charged with immigration offences in relation to drownings as he was not in charge of the vessel.

***

3. THE WHISTLEBLOWER

Tony Kevin in Canberra

Last week’s public release of sanitised People Smuggling Task Force (PST) summary minutes from 28 August to 9 November takes to a new level of credibility and urgency my queries since March about what the Australian border protection system knew about the sinking of SIEV-X, and why no effective safety of life at sea action was ever taken to try to save the 400 people on this grossly overloaded vessel.

More than 300 people drowned when SIEV X sank on 19 October more than 30 miles south of Java in international waters, bound for Christmas Island, with an Australian navy frigate only 4 hours sailing time away.

What later became known as SIEV-X was discussed in PST on 18, 19, 20, 22, and 23 October (and probably also on 25 October: there is a large blacked-out section in that days minutes, I would guess on SIEV X). It was even given a number in the series – SIEV-8 , a number later transferred to another vessel that did arrive. SIEV-X just vanished from the record until the release of the task force minutes.

On 18 October, it was one of two boats expected at Christmas Island (SIEV 6 was the other it arrived on 19 October) . On 19 October it was forecast it might have 250 on board. On 20 October it was entered as expected to arrive the next day. On 22 October, there is this spine-chilling minute entry: “SIEV 8 not spotted yet, missing, grossly overloaded, no jetsam spotted, no reports from relatives”. On 23 October, there is a detailed summary from an Afghani survivor account (presumably to an Australian embassy official in Indonesia, suggested by Katrina Edwards in her testimony to be from AFP) which ends with the key sentence “vessel likely to have been in international waters south of Java”.

This means that all member agencies in the PST are implicated in a systematic cover-up of Australian official knowledge of SIEV X, that has been going on in the Senate Committee since Senators asked the first questions in early April. This is hugely important, even for people and there are unfortunately many who care nothing for the lost lives of 353 asylum-seekers.

What we are also seeing here is a serious systemic failure of our Westminster system of checks and balances in governance. The Executive, supported by a few senior officials who seem to put their personal career interest ahead of the public interest in truth and respect for Parliament, has been during the past 10 weeks cynically kicking sand in the face of the Senate Committee system of public scrutiny and accountability. This matters, and to a much wider constituency than the refugee human rights constituency .

It is not just that officials have given incorrect evidence about what Operation Relex knew about SIEV-X. We have gone from “We knew nothing” in April, to “We had too many confusing reports to draw any firm conclusions from” in May and June.

Senators have also been seriously misled about how the general boat interception system operated; what surveillance there was to find or to try to find SIEV-X; and where SIEV X sank.

It is a complex and laborious to trawl through 1500 pages of transcripts to find the lies and inconsistencies. But here goes an effort at summary.

According to Operation Relex chief Admiral Geoffrey Smith in April, we had a three-stage layered system of intelligence reports from Indonesia triggering air surveillance in “windows” where boats might appear, up to as close as 30 miles from Indonesia, which is within range of where SIEV X sank.

But incoming navy chief Admiral Chris Ritchie on completely contradicts this in his evidence on June 4. He says intelligence reports did not trigger air surveillance. Air surveillance was not close to Indonesia, but was in regular broad sweeps of “funnels” much further south, nearer destination points. So there was no way SIEV-X could be tracked it never got far enough.

They can’t both be right. My money is on Smith – he was not under pressure at the time, but proudly explaining how well Operation Relex had worked. Ritchie on 4 June was very much under pressure.

Ritchie’s version is also undermined by that telling PST minute entry on 22 October, which suggests that RAAF Orions were looking for the boat or its wreckage. Why is this still being hidden? Are we still trying to claim that we knew nothing to confirm SIEV-X’s existence till we heard on CNN that it had sank? The PST minutes have sold that pass.

And here is the third leg of the failed cover-up, the claim that SIEV X sank in Indonesian waters. This starts with the Prime Minister on 24 October assuring the media “This boat sank in Indonesian waters” (subtext: so we are in no way responsible).

Yet on 23 October, the people smuggling task force had an Australian Federal Police report that the boat was likely to have been in international waters south of Java.. Media at the time (Australian, ABC, and others) reported that same location.

The false claim that it sank in Indonesian waters was sustained through to 22 May. Tell the lie often enough, it might be believed. It was in Navy’s April testimony, in Senator Hill’s March letter to Mr Crean, and still in Smith’s letter of clarification of 22 May. Only Bonser tried to encompass the range of truth, when he testified that it could have sunk anywhere between the Sunda Strait and 80 miles south of Java which, he also said, was in Operation Relex’s air surveillance zone.

The cover-up is falling apart the cover-up about what the Australian system knew about SIEV-X before and after it sank, about what air surveillance was tasked to look for it, and about where it probably sank.

The last big question now is why was there no attempt at effective search and rescue action when there might have still been time to save lives?

Every other question I have asked about what we knew about SIEV X has been shown to be well-founded. This last, biggest, one will too.

It will happen a lot faster and less painfully for Navy if senior officials stop trying to protect what should not in honour be protected. If there was political interference here let’s get it out in the open now, for the sake of the good name and morale of our Navy and our country.

***

4. READERS COMMENTS

Nicholas Crouch

Margo, I am generally a fan of your Webdiary and consider myself to be pro-refugee, but the focus you have been putting on the kids overboard inquiry is just way overdone. You seem to be obsessed with this matter, and even though I find the conduct of Howard, Reith etc disgusting, I am no longer reading your web diary posts, as they are the sort of thing that only some sort of hardcore left-wing political junky could find interesting.

If there is a big development in the enquiry then by all means cover it, but this endless prattling on about SIEV-X, and all the rest of it is getting me to the point where if something better does not appear soon, I may just stop checking the Webdiary altogether. And that is something I seriously don’t want to happen as I have enjoyed the Webdiary immensely in the past.

I was looking forward to hearing you and the Webdiarist’s views on what Bob Brown had to say about Telstra last week, but evidently you are ignoring big political issues of the day in favour of commentary on even the most insignificant of testimony at the Senate hearing. Can you please lay off the refugee stuff for a while – I know there was some stuff on the Third Way a couple of times, but you have to admit you are very engrossed in the kids overboard. I have the feeling that you are one of the few people who are – even amongst those of us who are pro-refugee.

Margo: You’re right – I am engrossed. I’m writing SIEV-X news for the paper now, and using the Webdiary to explore the material in greater depth. This is a plus of the net. I haven’t got time to do anything else at the moment. I take your point completely, and recognise that I’m losing Webdiary readers. I believe this story is important, not only in finding out what really happened, but in exposing the current workings of power by this government, the pressure it has put on the defence force, the public service and the future of parliamentary accountability for Government actions.

I’ve noted you email address, and will let you know when I can return Webdiary to its usual program. I’m sure many others feel the same way – let me know if you do and I’ll do the same. I hope some people will persist in the journey to unravelling this mystery.

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Mary Dagmar Davies

 

My father was a Naval Officer, as was the man I loved and still love, and in my opinion Mike Carlton’s article `Smearing Navy Latest Sport for Axegrinders’ (See Battle lines drawn, June 9) was way off target. Like Mike Carlton I have known people in many branches of the service and been a guest in their homes and in the wardrooms of ships and shore stations here, in Singapore, Malta and the UK. I have experienced the tradition, dignity and glamorous power of the Navy which has my lifelong and steadfast loyalty. I also know terrible things can happen to exceptionally fine people when governments interfere with the operational procedures of the Navy. Even very senior officers can beguiled into behaving unbecomingly, cruelly, and destructively while believing they are acting in the best tradition of the service.

Margo’s question `What is going on in the Navy?’ is fair enough when Commander Norman Banks RAN, the Captain of HMS Adelaide, has to put his career on the line in a press conference and then to the Senate Inquiry in order to defend the truth that no children were thrown into the sea.

The Captain and his crew accomplished one of the most successful rescues in Maritime history their bravery and valour should have been acclaimed by Government, the Department of Defence and the Australian people. But instead his ship to shore signals were first misinterpreted, then misrepresented and then disregarded as the `children overboard’ lie became central to the boarder protection component of the election campaign.

Admiral Barrie and others were prepared let Commander Banks hang out to dry, just as their predecessors had let the blameless Captain John Robertson RAN hang out to dry during the Voyager Royal Commission. Had it not been for Air Vice-Marshall Houston RAAF (who told Reith straight no children were thrown overboard) another distinguished RAN officer could have been destroyed in the `best tradition of the service’. While, as Carlton says, the `RAN officer corps is imbued with the traditions of integrity and duty’ it seems this ‘funny old fashioned stuff’ is not shared by superior officers influenced by political imperative.

Retired Vice-Admiral Sir Richard Peek said in November 2001, just prior to the election, that under the Government’s current rules the services are completely muzzled and treated rather in the way the German population was treated by Dr Geobbels in World War II. So how could personnel from many ranks speak openly to Mike Carlton, who is such a high profile member of the press and who has publicly attacked the government’s stand on Asylum Seekers? Harking back to another quaint tradition, was Mike Carlton press-ganged?

Questions about Siev-X must be asked. Former Ambassador Kevin cannot be dismissed as someone promoting conspiracy theories. Until very recently he was entrusted to head the Australian Diplomatic Mission in some of it’s most sensitive and volatile posts. And government must be prevented from interfering in the Navy’s operational procedures because the Navy has big and dangerous toys and sometimes people can die.

During WWll Winston Churchill, wishing to impress his new ally Stalin, personally planned Fleet Air Arm strikes from aircraft carriers in the North Sea. The Royal Navy suffered appalling losses of aircrew. Orders remained after the element of surprise was gone. Aware of the risk an entire squadron took off and never returned … they ceased to exist. The oldest airman was 22, he was the only married man, and his wife was pregnant. His child was born three months after his death. I am that child.

The terror of a slow and painful death in violent and treacherous seas is not outside of my imagination. Every life is equal and every life should be acknowledged. I did not know the 353 of Siev-X but I grieve for them. I did not know my father but I grieve for him.

I am proud to be the daughter of that officer and proud of the Navy in which he served. I believe had he lived he would demand to know what happened to the people of Siev-X.