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The great Tasmanian Catholic warrior Brian Harradine did wonderful work in the Senate, the chamber Paul Keating described as 'unrepresentative swill'. He successfully negotiated significant improvements to the lamentable Howard Aboriginal land rights package. Seven years after the Wik debate, Democrats deputy leader Andrew Bartlett said: 'The agreement he reached on the Wik legislation was one of the few cases I would point to where John Howard was bested in negotiations'.
The most insidious outcome of the WA Senate election is the bargaining power it has delivered to Clive Palmer, the Queensland mining magnate who dominates the party on which he has bestowed his name. He massively outspent all his rivals, raising yet again the question of whether limits should be placed on private financing of political campaigns. It is a question that, because of his newfound clout, will not be answered anytime soon.
'Three decades on, Queensland once again has a premier who finds some political advantage in skewing the balance between law and order, impugning the integrity and vocation of the legal profession. He has described defence lawyers as hired guns.' Professor Frank Brennan SJ addresses the Queensland Law Society Dinner, 30 years on from his book Too Much Order with Too Little Law.
The Prime Minister's Closing the Gap speech to Federal Parliament last Wednesday was a finely crafted piece of work that failed to hit the spot. It seems that 'Closing the Gap' is the Government's Indigenous policy. Yet it can be seen as a justification for getting out the big stick to achieve short term gains that will look good on the Government's own political report card.
The US Supreme Court and our newly installed Prime Minister have put their weight behind legal recognition of same sex marriage. In California alone there are already 40,000 children who are being brought up by same sex couples. In this debate we need to be mindful of the wellbeing and dignity of these children as well as the unknown number in future who will be created in a test tube.
The Education Minister Christopher Pyne has spun the latest developments on education funding reforms as having saved Gonski and achieved what Labor could not. But it is an achievement derived from surrendering oversight of how the money will be spent. If public schools continue to be the losers in the battle for funds, the reversals of the past fortnight will be remembered as the start of a slow burn for the Abbott Government.
Federal Education Minister Christopher Pyne is correct in saying that the Gonski scheme is a mess, but culpably wrong to use that fact to ditch the whole idea. The Gonski mess shows few of the actors concerned in a good light, and some, including Pyne himself, in a very poor one. Pyne's contribution to this debacle was to act as spoiler from the day the Gonski report was released. In that role he has so far adopted no less than four positions.
'There have been innumerable post-mortems and words of advice as to how the party with new structures, election rules, and policies can pick itself up, dust off, and win the next election. Sadly some of those post-mortems have come with more coatings of spite and loathing. It is no part of my role in the public square as a Catholic priest to offer such advice.' Frank Brennan's address to the Bathurst Panthers Club, 2 November 2013.
'The Church should not give any appearance of hiding behind the corporate veil. Justice demands that present church leaders agree to satisfy any judgment debt against their predecessors or their deceased predecessors' estates when there is an allegation of past failure to supervise or adequately investigate a sexual predator in the ranks. Any damages should be paid from church assets.' Frank Brennan addresses the Australian Lawyers Alliance Conference, Rydges Lakeside, Canberra, 26 October 2013.
After a successful federal election the Nationals are nestled in a comfortable governing relationship as the junior partner of the Liberals. They can laugh at all those critics who for so long have predicted their demise. But they are out of sight. They could make an important contribution to the diversity of the Australian party system, but although the surface picture looks rosy it is at the cost of greatly diminished independence.
Full text from Frank Brennan's lecture 'Law teachers as gatekeepers of law, public morality and human rights: Equipping our students for moral argument in a pluralistic legal environment' at the Australian Law Teachers Association Annual Conference 2013.
How clever of you to choose the day of the federal election for me to offer these reflections. I come amongst you, not as a publisher or journalist but as an advocate in the public square animated by my own religious tradition as a Jesuit and Catholic priest engaged on human rights issues in a robustly pluralistic democratic society.
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