The Metaphorical Glass Jaw

As I get older (maybe not necessarily wiser), I feel that as a society, we are becoming far less tolerant and yet far more sensitive – something of a paradox, possibly linked to a decline in personal resilience and a lack of quality and robustness in public discourse. And for a country that is both a secular state and a liberal democracy (and definitely not a theocracy), there has been a surprising amount of debate in Australia recently, about the need for a new or revised “freedom of religion“.

John Stuart Mill – Image sourced from Wikimedia

Much of the commentary has been prompted by the thoughtless and potentially harmful remarks by a professional sports player, who espouses a particularly fundamentalist strain of Christianity. Because the very public expression of his personal beliefs led to the termination of his employment, this has been interpreted as a curtailment of the player’s freedom of religion.

Without getting too legalistic (and there is an administrative review pending), the player’s public statements were out of line with the social values and civil rights espoused by his employer – to the extent that they could bring this particular sporting code into disrepute. It was also a repeat incident. At the very least, these comments could have led to a reduction in the employer’s revenue from sponsors or spectators. (And let’s consider that his comments drew so much attention because he had the privilege of a public platform, one which came as a result of his employment status and his professional profile.)

According to this player’s particular creed, his human-constructed belief system permits, condones and even encourages the use of language that bullies and belittles people who don’t adhere to his own views on sexuality, lifestyle choices or even “belief” itself. While much has been said about the homophobic nature of the said player’s tweet, let’s not forget he also targeted atheists in the same context, simply because they are non-believers.

As I frequently tell customer call centres, who often like to blame the “system” for their own organisation’s failings, a system is only as reliable as the people who design and run it. So, if being an adherent to a particular belief system means you have to hold and profess abhorrent views, especially those that are out of step with civil society, then clearly there is something at fault at the heart of that mechanism.

I recently heard a speech by a retired judge on human rights and civil liberties. He referred to an aphorism attributed to John Stuart Mill, in connection with his treatise “On Liberty”, and the harm principle:

“Your Liberty To Swing Your Fist Ends Just Where My Nose Begins”

In other words, you may be free to say what you like, but Isaiah Berlin’s concept of negative freedom means that (despite Voltaire’s standpoint in defence of free speech) even your verbal punches are not permitted to interfere with or harm someone else’s rights – yet alone instill in them a fear for their personal safety and human dignity.

Nowadays, some might say that too many people are prone to having a metaphorical glass jaw – that they take offence too easily, and seek to find malicious intent in any views or comments that they find objectionable or that do not accord with their own world view. Equally, people can (metaphorically) stick their jaw out, seeking to provoke a reaction by drawing attention to themselves, so that they can claim “foul” when they bang up against a countervailing fist. The boundary between personal rights and freedom of expression is becoming increasingly blurred.

When it comes to calls for the special protection (and even promotion) of religious freedoms, I have something of a problem. Quite apart from the entrenched social prejudices inherent in many organised religions, it seems incongruous that such institutions can claim tax benefits as charitable bodies, and receive public funding while enjoying exemptions from certain anti-discrimination laws.

Although we don’t have a law against heresy in Australia, we still have blasphemy laws in most States. Even though they are rarely invoked, the fact that they exist reinforces the notion that far from needing a “freedom of religion”, religious beliefs are somehow already seen to be above the law. Surely, in a multi-cultural, secular and pluralistic society, religious beliefs will have to take their chances alongside (and rub up against) the rest of human constructs and natural systems – science, history, psychology, philosophy, politics, sociology.

Next week: Startup Vic’s Health Tech & Med Tech Pitch Night

 

 

 

 

Brexit Blues

Reading the latest coverage of the Brexit farce combined with the inter-related Conservative leadership contest, I am reminded of Oscar Wilde’s description of fox hunting:

“The unspeakable in pursuit of the uneatable”

Whichever candidate wins the Tory leadership race and, as a consequence, becomes the next UK Prime Minister, they will inevitably fail to deliver a satisfactory Brexit solution, simply because there is no consensus position.

But the underlying cause for this impasse is a series of flawed processes:

First, the promise made by previous Prime Minister David Cameron to hold a referendum on EU membership was flawed, if not highly disingenuous – because from the start, there were no terms of reference. Cameron chose to make it part of his manifesto pledge ahead of the 2015 general election campaign. Even at the time it felt like a desperate ploy to appease the mainly right-wing and Eurosceptic faction of the Conservative party. Despite being generally in favour of the UK remaining within the EU (but with “looser ties”), Cameron probably never expected that he would have to deliver on his referendum promise let alone lead the Brexit negotiations. Behind in the polls, the Tories were expected to lose the election. Instead, they won, but with a much reduced majority – which should have been the first warning sign that all was not going to be plain sailing with Cameron’s EU referendum pledge.

Second, the referendum question put to the electorate in 2016 was itself flawed. Cameron had originally talked about renegotiating the UK’s terms of EU membership, much like Margaret Thatcher had done with some considerable success in the 1980s. There was certainly no mention at all in Cameron’s January 2013 speech of a “No-deal Brexit”. However, the referendum question put to the voters was a stark, binary choice between “Remain” or “Leave”. As some have argued, the design of the referendum should have been enough to render it invalid: both because the voters were not given enough reliable data upon which to make an informed decision; and because there was no explanation or guidance as to what type of “Leave” (or “Remain”) outcome the government and Parliament would be obliged or expected to negotiate and implement. Simply put, the people did not and could not know what they were actually voting for (or against). I am not suggesting that the voters were ignorant, rather they were largely ill- or under-informed (although some would argue they were actually misinformed).

Third, the respective Leave and Remain campaigns in the 2016 referendum were both equally flawed. The Leave campaign was totally silent on their proposed terms of withdrawal (I certainly don’t recall the terms “Hard Brexit” or “No-deal Brexit” being used), and their “policy” was predicated on the magic number of “£350m a week“. And the Remain campaign failed to galvanize bipartisan support, and was totally hindered by the Labour leadership’s equivocation and ambivalence towards the EU (which has only deepened as Jeremy Corbyn refuses to confirm what his policy actually is).

Finally, the Parliamentary process to implement Brexit was flawed from the start. Cameron jumped ship and ending up passing the poisoned chalice to Theresa May. The latter had supported Remain, but now had to lead the UK’s withdrawal from the EU. However, rather than trying to build consensus and broker a truly bipartisan solution (this is not, after all, a simple, one-dimensional party political issue), May proved to be a stubborn, inflexible and thick-skinned operator. Now, there are threats to prorogue Parliament in the event that MPs vote against a No-Deal or Hard Brexit, if a negotiated agreement cannot be achieved by the October 31 deadline. May’s negotiation tactics have only resulted in deeply entrenched and highly polarised positions, while she ended up painting herself into a corner. Good luck to her successor, because if nothing else, Brexit is casting division and national malaise across the UK.

Next week: Pitch X’s Winter Solstice

 

Postscript on the Federal Election

Well, what just happened there? In a Federal election that was Labor’s to lose (based on all the published opinion polls), the opposition ended up conceding defeat within just a few hours of the ballot closing. Despite the negative national swing away from the Coalition, Labor suffered an even greater negative swing.

Although populist parties gained votes at the expense of the two major parties, they failed to pick up any seats – rather, Labor lost too many seats. The Greens held on to their one seat, while the balance held by other minor parties also remained the same. All of which enabled the Coalition to form majority government. Sure, there were some significant variations in each State (and the Coalition will have to rely on minority parties in the Senate), but overall Labor was the biggest loser.

Yet it was still a pretty close outcome, and as I expected, the deciding factor was Queensland (and Adani).

A key problem for Labor was that rather than beating up “the big end of town”, and advocating a form of class war (thru the implied politics of envy), it should have found a way to help the working population adapt to the reality of a changing economy. Plus, instead of just imposing a carbon tax, it should have offered more incentives to decarbonise.

Equally, during the campaign there was no discussion by either major party on the need for structural economic reforms around competition, productivity and the tangible outcomes of public services.

Labor has since pretty much abandoned key fiscal policies it took to the electorate, with its new leader claiming that the party must appeal to “aspirational Australians” (whatever that means). For me, this implies that people need to feel incentivised to contribute more, while also feeling they are able to keep more of what they earn, through their additional efforts. In fact, the new shadow finance minister has commented on the lack of productivity gains (reflected in large part by wage stagnation?). Whereas, the previous Labor leadership talked endlessly about “ordinary Australians” (whatever that means).

The re-elected Prime Minister, meanwhile, credited “quiet Australians” (whatever that means) for the Coalition’s success.

Somewhat worryingly, the Prime Minister described his win as a “miracle”, and has made a significant personal statement through his own churchgoing habits, while a former Labor Prime Minister said his party needed to “reconnect with people of faith”. The sacking of a leading sportsman for making bigoted comments on social media (because his religion wanted him to say those things) has led to a prominent Coalition senator to seek an administrative review of the decision, on the grounds that expressing religious views cannot be cause for dismissal. The consequence of such a position is that “religious freedoms” effectively protect hate speech. And there was I thinking that we lived in a secular country…

Both major parties have to overcome continuing and significant internal divisions in the wake of their respective election results. Labor’s factionalism has already been on display again with the way its uncontested leadership contest was stitched up in more murky back room deals. And the Coalition’s more conservative members from Queensland will be expecting huge rewards for having delivered the party a surprise win.

Whether or not Australia’s Federal poll result was another example of the populist trend that was started by the Brexit referendum, confirmed with Trump’s success, and now extended following the EU elections, is open to debate. But it’s clear that traditional assumptions concerning the western democratic process have been subverted, in large part by the arrogance and complacency of the very same political parties that have hitherto underpinned them, that were also forged by them, but which now appear willing to undermine them.

Next week: The Finnies

 

 

Pre-election Musings

At the time of publication, Australia is four days out from a General Election. At the time of writing, I have submitted my postal vote, as I will be overseas on polling day (May 18). I am certainly not going to call the result or predict the outcome, except to say it will probably be far closer than most people would have expected, maybe even a hung Parliament, with an even more fractious Senate. But I have to say that this has probably been the most difficult ballot I have had to complete.

Image sourced from The Donkey Vote

For one thing, I can’t see why either of the major parties deserve my vote. Plus, in my own constituency for the lower house, the ALP candidate has been disendorsed, so as a result, I have been denied the option of voting for the official opposition. (More on this disendorsement later.) (Meanwhile the only Green Party MP who sits in the lower house and who represents my constituency, labelled himself an “independent voice”. Does that mean he no longer represents the views of the Green Party?)

Why do I feel this way about the two major parties?

First, neither party leader inspires me – they are purely products of their political organisations and their respective factions, and display very few leadership qualities other than they probably know how to stitch together half-baked policy deals in their party meeting back rooms. I doubt they have ever had an original idea, and certainly not since they became the leaders of their particular factions, let alone leaders of their parties.

Second, both parties have simply been sloshing around tax payers’ cash – funding here, pork barrels there, sleights of hand all over the place. I agree that most areas of public services and infrastructure demand a rethink on their current funding models, and some deserve more money. But from what I have been able to glean so far, most of these funding commitments and/or budget re-allocations are mostly about headline amounts, and not measurable outcomes, assuming they have been properly costed in the first place.

Third, despite all the money on offer, there have been few, if any, announcements on more fundamental issues of economic and structural reform such as competition policy, productivity measures, innovation, startups, etc. Yes, there have been some financial and tax incentives thrown out to small businesses who take on more staff, or who invest in new equipment, but these are just the usual tweaks. And there has been very little debate about the need to review the design, delivery, quality and accountability of public sector services.

Fourth, and the one main thing that the major parties have in common, is that the only policy levers they seem willing to push/pull are continued fiddling about with tax rates, superannuation and industrial relations. All of which is counterproductive, as it just means the focus is on winners and losers, and the resulting class-war based “politics of envy” and crass take-downs of the “big end of town”.

So let’s talk about jobs.

Much of the money ear-marked for particular industries or service sectors is intended to support job creation. Where are most people employed in Australia? By industry category, the top sectors are: Health Care; Retail; Construction; Professional, Scientific and Technical Services; and Education. Most of which are destined to be the recipients of tax payer-funded largesse after the election. And while I agree that Health, Education and Public Infrastructure need to be adequately and properly resourced, innovation and the high-tech jobs of the future will more likely come from the Professional, Scientific and Technical Services sector. (And $3m for a “Blockchain Academy” is woefully inadequate for long-term thinking and vision.)

But as should be obvious to anyone, industries don’t create jobs, companies do. And most people in Australia (70% of the working population) are employed by small to medium-sized businesses. Of the nearly 2.2m registered businesses, 60% have zero employees (mostly they are owner-operated sole traders, including self-employed tradespeople), more than a quarter of businesses employ fewer than 5 people, nearly 10% of businesses employ between 5 and 20 people, 2.4% employ between 20 and 200 people, and only 0.2% of businesses (c. 3,800 companies) employ more than 200 people. In addition, only 100,000 businesses have an annual turnover of $2m or more. Welcome to the long tail of the Australian economy.

As for the election outcome itself, it will largely be determined by swing voters in marginal seats. Five of the 10 most marginal seats are in Queensland. And with the Adani mine project being such a divisive topic, this one item could determine who takes government. And even if Labor wins a majority in the House of Representatives, the Senate will be even more split between minor parties, and whoever wins government will find it difficult to navigate the upper chamber. In my own state of Victoria, there are something like 30 party groupings and around 80 individual candidates standing for just 6 seats. Trying to research the minor parties and their candidates or their labyrinthine preference deals is virtually impossible, which cannot be healthy for the democratic process under the proportional representation system of the single transferable vote model.

The real issue, though, is that with 3-year Federal Parliaments, parties are in perpetual campaigning mode. There is very little long-term thinking or vision, while short-term compromises are the order of the day. All of which results in either total inertia when it comes to making any real structural change, or constant policy tweaking to keep ahead in the polls. All hot air and no momentum.

Finally, coming back to the disendorsed Labor candidate for the lower house in my constituency of Melbourne. The party was forced to act (albeit somewhat reluctantly and almost equivocally) when the candidate’s social media past caught up with him. At first, the party and its Leadership suggested that the 29-year old candidate should be forgiven his indiscretions because he was “only” 22 at the time said offensive remarks were posted. I think that argument is total hogwash. If you are not going to be held responsible or accountable for the consequences of your actions at the age of 22, then you should not have the right to vote, get married, have children, stand for election, serve on a jury, sign a contract or take out a mortgage because clearly you have not fully developed as a mature adult, and your capacity to think and make important decisions is obviously impaired, such that you cannot be relied upon to exercise reasonable judgement.

Next week: Trends in LegalTech