Assaults on democracy

There are at least two fundamental requirements for a functioning democracy. In various ways, in recent years, we have seen political parties in Australia attempting to subvert and limit these requirements. This is an assault on democracy itself. It may not be deliberate – political parties, like business entities, will work within the constraints of the law to achieve their ends, and loopholes and aggressive tactics are a part of the game. But dress it up how you may, attempting to coerce the workings of parliament and the electoral choices of a population is anti-democratic even if done within the limitations of the laws of that democracy.

In the business sphere, there is an overarching structure to act as a check and balance. The courts, and above them the legislature, ensure that eventually businesses that exploit loopholes to the detriment of the community can be brought back into line. Through the testing of legislation in the courts, through the drafting of new laws and regulations, there are means to help ensure that the system is fluid and no entities can subvert the intention of the regulations to which all businesses are subject.

Politics has no such overarching structure. The limits on politics are the various parties themselves – where one party oversteps the bounds, the only bodies that can pull them up on it are other political parties. Some of the time this works. And sometimes it does not.

Given untrammelled power – for instance, control of both houses of Parliament – a government can adjust the goalposts in such a way as to benefit their own interests and continued dominance. When the cycle turns, as eventually it must, an incoming government is then able to either take advantage of the changes the previous government has wrought, or to reverse the changes and implement their own.

The Australian constitution holds various aspects of our democracy sacrosanct and to change these requires a referendum. The basic mechanics of elections and parties and the existence of two houses are not in danger. There are plenty of other ways that a political party can act to extend its own hegemony, and any number of ways that the intent of a democracy can be subverted by the details.

Basic requirements for a healthy democracy include the following.

1. A free press

Or more accurately, even and impartial coverage and analysis of the issues. Fundamentally, Australian democracy is about vision. In a hundred policy areas each government has to balance the requirements of the community and the best interests of the country. In order to effectively judge the promised approach of a candidate government to each of these areas, in order to accurately evaluate the needs of Australia’s present and future, clear and informative reporting is needed.

In Australia, the media environment is skewed. Various reports have pointed to the obvious bias in the large majority of Australia’s news media. Against this bias, only the minority Fairfax and the public broadcaster ABC attempt a more balanced view. Readers of this blog will understand that “more balanced”, to the conservatives, reads as “rabid pinko”. A detailed analysis of the relative bias of the ABC vs News Ltd is outside of the scope of this article. What is not, is that the Coalition is currently openly discussing curtailing the ABC’s power to operate in the news arena.

“He said there was a compelling case to consider breaking the ABC into two entities with the traditional television and radio operations protected to ensure services in the bush and regional Australia, while the online news service could be disposed of.” http://www.smh.com.au/federal-politics/political-news/turnbull-defends-abc-but-colleagues-want-to-preach-it-a-lesson-20131203-2yotw.html#ixzz2mS3lekiz

Of course, the Abbott government has form in the area of suppressing balanced information from the populace. In just a short three months in office, they have disbanded information bodies, restricted the information flow out of government, suppressed information on the grounds of “operational matters” despite said information being available to those not unfortunate enough to live in Australia, and continued the active dissemination of misinformation, half-truths and blatant untruths.

2. Robust representation in the Parliament

In a representative democracy, not every member of Parliament is going to belong to or be sympathetic to the government. Those members and senators elected to represent the opposition and independent parties – even those who do not represent a party at all – are not there to warm chairs. They are not elected to become a part of the government machine and uncritically support any intentions of the government of the day. Instead, they are there to be a dissenting voice, and hopefully through negotiation in the interests of the people they represent, to improve proposed legislation through amendments. The operation of the Parliament and Senate in this regard is a deliberate structure to ensure that all new law is viewed through the lens of more than one stakeholder; to ensure that legislation that benefits one group does not act unfairly to the detriment of others.

Both Labor and the Coalition in recent years – and as recently as the current sitting of Parliament – have taken, and are taking, actions to subvert this function. Such actions include scheduling complicated legislation for debate and passage in unfeasibly short timeframes. For examples of this – on both sides – you need look no further than the carbon “tax”. Labor provided a package of legislation running to over 1000 pages to the Parliament with eight days to read, understand, debate and vote on it. In response, the Coalition has given the repeal of the carbon tax – eleven bills, to be discussed together – just three and a half days of debate. It would be bad enough if it were just the “tax” being debated, but tied up in the repeal are dozens of climate bodies, administrative bodies, funding arrangements, and associated clean energy infrastructure.

Arguably, however, the Coalition has been worse in their abuse of the processes of Parliament. During the previous term of government, they brought few amendments to the house, preferring instead to grandstand, disrupt proceedings with continual calls to suspend standing orders, and in most cases in Question Time to ask not one question relating to their own portfolios. This was not effective representation of their constituents. But the worst was yet to come.

In the current term, in addition to electing a clearly partisan speaker to the chair of the House – Bronwyn Bishop, who remains in the party room and is an integral part of the Coalition’s governing body – they have also taken actions that in one fell swoop ensure the failure of any amendments to legislation and disempower any independent voices. The attempt to vote on all proposed amendments as a block ensures that a flaw in one amendment, or contradictory amendments, or an extreme position on behalf of one proposal will knock out all the amendments at once. As Penny Wong stated in parliament, this is procedurally impossible. She might have added, deliberately so – it is a flagrant breach of the intention of amendments. (I am unable to find references online to this abuse of process. If you can provide a link, please leave it in the comments.)

Understandably, governments want to implement their policies. But subverting debate using procedural methods is as much an assault on democracy as is continual sabotage of proceedings using points of order and interjections.

Does anybody even listen to Parliament any more?

The majority of the Australian people remain minimally aware of the vagaries of Parliament and how it operates, far less the way that it is intended to represent the interests of non-governmental political parties. Tony Abbott and some sections of the news media deliberately play to this disaffection as they talk about a “mandate” for the government to implement its policies and report scant, if any, details of the proceedings of legislation through the parliament. Regardless, the details remain critically important. These are our representatives, this is our government, and any attempt to usurp the proper processes of democracy is an assault on everyone’s rights – whether you support the government of the day or not. Accordingly, those who are politically aware and interested need to draw attention to these abuses wherever they may be found. Only by showing that people are watching, and that we care about the concept of democracy as much as about its outcomes, can we avoid permanent and catastrophic debasement of government in Australia.

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