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 Does that mean he no longer represents the views of the Green Party?)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

 

 

Separating the Truth from the Facts

There was almost a look of horror on Rudy Giuliani‘s face when he realised what he had done in saying “Truth isn’t truth”. His reputation as New York Mayor at its most challenging time, not to say his career as a lawyer, may have been completely undone by this latest pronouncement on behalf of an administration that has increasing difficulty in separating facts from fiction (or “real fakes” from mere “fabrication”?).

“Doh!” Photo Credit: AFP/Getty Images/Saul Loeb

In our post-truth age, one where we have had to accommodate “alternative facts” and “fake news”, language, if not the truth, is usually the first casualty in this war of, and on words themselves.

If one was being charitable, it could be argued that the struggle between “facts” and “truth” is like the difference between structuralism and post-structuralism: so, in the former, words have a finite meaning when used in a particular way or structure; whereas in the latter, the same words can have different meanings depending on the context of the audience.

But rather than critical theory, I think we are actually dealing with a phenomenon I first encountered about 20 years ago, while working in China. A report in the China Daily regarding a constitutional matter that was before the courts said that in order to fully understand the issue, it was “important to separate the truth from the facts…”.

Next week: The party’s over

 

Revolving Doors At The Lodge

Since his unceremonious dumping as leader by his colleagues in the Parliamentary Liberal Party, former Prime Minister Malcolm Turnbull must be wondering why the party that spat him out twice (despite benefiting from his personal donations) accepted his membership in the first place. So adamant were his conservative enemies that Turnbull was “not one of us”, they were willing to sacrifice not only Turnbull’s status as preferred Prime Minister, but also his popular deputy, Julie Bishop, and their own preferred leadership candidate, Peter Dutton.

Turnbull’s farewell speech – image sourced from The Australian

All of which suggests Australian democracy (or at least, the version played out by our political parties) is seriously damaged, if not actually broken.

Turnbull is the fourth sitting Prime Minister to be dumped by his or her own party in less than 10 years (and let’s not forget he himself ousted his predecessor). This latest incident suggests that the problem is not with the electoral system, but with the party system that controls the management and exercise of political power – and with scant regard for the voters who directly elect their constituency representatives.

Here’s why I think party politics are the root cause of Australia’s current leadership malaise:

1. No legal or constitutional basis

Quite simply, political parties are neither mentioned in the Constitution, nor formally defined in any Act of Parliament. Their role in our democracy is entirely by custom and convention – in a way, we tolerate them as a “necessary evil”, because we are led to believe that Parliament cannot function without them. At best, Parliamentary parties operate under a license, one which should not be seen as a right, but as a privilege. And like all such licenses, this privilege should be subject to being revoked at the will of those who granted it – the electorate.

2. If our political parties were treated like corporations….

…. they would likely be hauled before the ACCC every time they broke an electoral promise, for misleading, unconscionable or deceptive conduct. Sure, circumstances can change once governments are elected – but should it be a requirement for governments to re-establish their political mandate before they make a significant u-turn? In fact, political parties are exempt from a number of legal provisions that apply to companies. Political parties may have a paying membership that determines policy, candidate selection and other procedural matters – but they are not directly answerable to the customers they purport to serve: the general electorate.

3. Our elected representatives are not even accountable to their electorates….

…. except at election time. The notion that voters elect parties into power needs to change. Voters elect individual candidates who stand for office. Even if a candidate aligns with a specific political party, there is no binding obligation on them to sit as a member of that party once they are elected. By switching party allegiance, elected representatives who cross the floor are being disrespectful of the same (flawed) party system that saw them selected to stand for election. But they are also disregarding the wishes of their electorate, who may have been convinced or persuaded to vote for them on the basis of their stated party allegiance.

4. Voters are increasingly excluded from choosing their Prime Ministers (and their governments)

Of course, we do not directly elect our Prime Ministers. The parliamentary convention is that the elected member who commands a majority in the house of representatives is invited by the Governor General to form government. The parliamentary custom and practice is that the leader of the parliamentary party that holds most seats becomes the de facto leader of the government, and hence Prime Minister. Increasingly, the largest party bloc may not command a majority. So formal and informal coalitions have to be formed, often between competing political parties, to enable minority government to function. Such alliances may be politically expedient, but they cannot be said to represent the will of the people, if we assume that the electorate is expected to vote along formal party lines. Besides, if the party system is to retain any credibility, shouldn’t voters be entitled to expect that the leaders of the parliamentary parties, which they have (indirectly) elected to lead that party, should continue to lead unless and until they have been voted out by that same electorate?

5. Voters are not even consulted when Prime Ministers are rolled mid-term

Since Prime Ministers are not directly elected, voters have also been excluded from the process when political parties choose to roll their own Prime Minister (and effectively change the government without having to call a general election). Do the party factions who seek a leadership change bother to directly consult their paid-up local party members, or their own party voters, or the local constituents they purport to represent (regardless of which way they voted at the previous election)? To me, this represents a huge fraud on the population – and the party system is at the heart of this “madness”.

6. The failure of (party) political leadership

During the 2013 general election I commented on the lack of public support for the then leaders of both major political parties – part of what I saw as a broader failure of leadership across multiple public institutions that claim to represent our interests. Regardless of their party allegiances, the electorate seems increasingly disillusioned, if not repelled, by the party back-stabbing, treachery and disloyalty. The result is, we are poorly served by our elected representatives and the governments they form along supposed party lines.

7. Politics is not binary….

…. but the party system forces us to think this way. On most party-driven policy questions, the answer cannot be reduced to “for” and “against” – there are just too many shades of grey. This is especially true of the key policy area that seems to have brought down the last four Prime Ministers – climate change, energy and the environment.

First, Kevin Rudd abandoned the ETS, a decision which he later regretted. He claimed that the main actors in his own demise were the ones who agitated for this policy u-turn.

Second, Julia Gillard avowed that she would not introduce a carbon tax – and the electorate never forgave her for her later u-turn, resulting in her being dumped by Rudd.

Third, Malcolm Turnbull was unhappy at the direction Tony Abbot was taking the Liberal Party on climate change.

Fourth, Turnbull came a cropper on energy policy (linked to climate change), even though he had decided to capitulate to the right-wing views in his own government and Party.

You have to think that something as important as climate change demands a bipartisan solution – but the party system just keeps getting in the way.

8. “Power, corruption & lies”

Finally, in recent years we have seen a litany of corruption and other cases involving our major (and some minor) parties, and the factions within – a further cause of the lack of public trust and respect for parties, politicians and power-brokers. Add to this mix the relatively small numbers of directly paid-up members of political parties, issues of party funding and campaign donations, the party stuff-ups on disqualification due to dual citizenship, and the ongoing saga of MP’s expenses, a key conclusion is that the political party system is not conducive to modern democracy or the electoral, parliamentary and government processes. And while it is sometimes said that we get the type of governments we deserve, I don’t think any member of the general electorate would say they voted for the current situation.

Next week: Separating the Truth from the Facts

 

MoMA comes to Melbourne

For its current “Winter Masterpieces”, Melbourne’s NGV International gallery is displaying around 200 works from MoMA’s permanent collection. And a finely selected, and well-curated exhibition it is. But this focus on the received canon of mainly 20th century European art has the inevitable effect of sidelining other eras/schools – and perhaps overlooks the importance of Australia’s own art movements.

Roy Lichtenstein (American 1923–97): “Drowning girl” (1963 – oil and synthetic polymer paint on canvas, 171.6 x 169.5 cm); The Museum of Modern Art, New York – Philip Johnson Fund (by exchange) and gift of Mr. and Mrs. Bagley Wright, 1971
© Estate of Roy Lichtenstein/Licensed by Copyright Agency, 2018

The NGV International display presents the work in a broad chronological sequence, but specifically collated by reference to key movements, themes and styles. It also takes in print-making, photography, industrial design, graphics and illustration, not just painting and sculpture.

Even though I have visited MoMA many times, and seen the bulk of these works in their usual setting (as well as when they have been on loan to other galleries), there were still some surprises – like Meret Oppenheim’s “Red Head, Blue Body”, which I don’t recall seeing before. And Salvador Dali’s “The Persistence of Memory” always feels like it is much smaller than the ubiquitous reproductions and posters imply.

Of course, one of the benefits of presenting a survey of modern art like this is that it affords us the opportunity to re-assess and re-calibrate the works within a contemporary context. Both to find new meaning, and to compensate for the over-familiarity that many of these images convey. While at times, we have to separate the artists’ lives and times from the legacy of their work – the changing conventions and social mores of our contemporary society cannot always be used to judge the behaviours, values or common prejudices that were acceptable 100, 50 or even 25 years ago.

Meanwhile, over at NGV Australia, there is a reconstruction of the exhibition that marked the opening of the gallery’s new building in 1968. In “The Field Revisited”, we have a fascinating opportunity to experience a slice of Australian art that feels over-looked and under-appreciated – ironic, given that at the time, this exhibition revealed the cutting-edge nature of young artists working in Australia, and divided opinion among established artists and the art establishment. “Where are the gum trees, where are the shearers, where are the landscapes, where are the figurative images?” might have been the refrain in response to this startling collection of bold colours, geometric designs, psychedelic undertones, modern materials, and unorthodox framing.

The fact that far more people are flocking to see the MoMA collection (and it is worth seeing), than are visiting the re-casting of The Field sadly confirms that Australia’s cultural cringe is alive and well….

Next week: Modern travel is not quite rubbish, but….