The media approach to the continuing section 44 fiasco is morphing from jeremiad to jihad.
After weeks of long lamentations over the failure of Australian politicians to “just do their paperwork” and high-minded declarations about the “highest law in the land”, we’re now moving to the “for god’s sake, do something!” stage where that something is an audit of existing MPs and senators — whatever that may mean.
The demand comes complete with those usual villains standing in the way of righteousness, summed up in The Daily Telegraph’s Friday front page screaming “CONE OF CONNIVERS” over a photo of Turnbull and Shorten.
Now, look, I enjoy a good political crisis as much as the next person — particularly if that next person is also a journalist. A good crisis sells papers — or draws eyeballs, as we should say now.
It’s been entertaining as all get-out to watch self-righteous politicians slipping and sliding on constitutional banana skins to the hilarious dubbed line, “And the High Court will so hold!”
That’s before we get to the hypocrisy of a government demanding respect for 20th century refugees given its record on refugees in the 21st century.
The hysteria over section 44 among journalists and politicians is the farce of the revival of nativism that has shaped so much of media and political discourse in Australia over the past 20 years. Meanwhile, the tragedy is being played out on Manus Island.
Unlike Manus, though, no one has died. In fact, nothing has happened in the Australian parliament — ever — that would have happened differently if section 44 had been more rigorously applied from the very start back in January 1, 1901.
In all this, have we lost all sense of just how offensive it is to demand that people born overseas (or with parents born overseas) prove that they really, truly, are Australians? Have we forgotten where birtherism ended up in the United States? Do we miss the implication that what we seem to be really saying is, “prove you’re Australian like us”?
The case involving Environment Minister Josh Frydenberg on Friday was the nadir. When Prime Minister Turnbull gets all het up in his barrister’s manner, it’s always hard to distinguish between genuine and confected outrage, but he was right to call it out. And the glee with which the right of the Liberal Party embraced it should give pause to those who think this is anything other than grubby internal party politics.
The country managed its way around section 44 for most of its first century by simply ignoring it. It’s clear now that two or three prime ministers and any number of senior ministers were never eligible to sit in the parliament. And there’s a certain satisfying schadenfreude that the first successful candidate to be unseated was from the very nativist One Nation after its success at the 1998 election. Satisfying, because it was the emergence of One Nation — and the political response to it by the Howard Liberal Party — that entrenched nativism as the political consensus position, reinforced out of the combined outcome of the 1999 Republic referendum and the 2001 Tampa incident. It’s corollary — “the Lindsay test” — conflates what nativism permits to be politically achievable with what is morally right.
Although it’s a malleable concept, in the Australian context, nativism technically means the prioritisation of the interests of the Australian-born or bred (preferably at some remove of British descent) over others, whether those others are Indigenous or of non-European descent. Of course, nativists rarely embrace the term; they prefer “nationalists” or “patriots”, or just “true blue”. They stand for Straya or, perhaps, One Nation — with or without capitalisation.
Section 44 is fundamentally undemocratic because it restricts who voters can choose to represent them. It was because our forefathers, in the grip of 19th-century nativism, were fearful that voters, left to their own devices, may not always chose MPs of good British stock.
Yet lack of political will to change the constitution for anything demands we accept that a constitution drafted back in the 1890s is perfectly formed.
It’s not. Bits of it are nuts. And this is one of those bits. Want proof of what voters think? On the two occasions where MPs have lost their seats under section 44, both were subsequently re-elected with increased majorities.
Barnaby Joyce seems set to be the third.
s44 won’t change, because it needs to be changed by referendum. There will always be a ‘no’ case run by idiots championing ‘patriotism’ or some-such – 50% of us will never get on board.
So our pollies just need to do their homework properly – regardless of how stupid that may seem. This idea that Josh Frydenberg is the straw that broke the camel’s back is nonsense. Like everyone else who was caught out, this was his own oversight. The fact that his mum was a Hungarian Jew does not change that and Turnbull turning beetroot about the holocaust is worse than pathetic. Does Turnbull still think his angry blustering is a good look after the mess he made with his ‘they shall so hold’ stupidity?
Yeah, forgotten in all this is the simple fact that the line of s44 they all fell to is a contrivance aimed at immigrants of all kinds. I can understand people not caring about fixing it because bugger the gits, but I’m yet to hear a compelling case for keeping s44 as is.
There’s no good reason for keeping it as is (in my opinion) but I think it’s unlikely to change simply because it’s a Constitutional issue and there will be a vigorous no campaign.
Security.
Actual security, not the BS “on-water-matters” type.
Reps and Senators regularly get briefings that are subject to various clearance levels (and are free to seek almost any sort of briefing – usually of the “no pens, no paper” type).
Remember when DPS used CCTV to monitor Faulkner (to find out who was briefing him and stop said briefings); and the sh*tstorm that followed? It’s taken that seriously.
We don’t want that sort of access given to just anyone – I couldn’t get into the army without an ASIO check, because foreign parents (and I didn’t have a job that required a clearance).
“Morphing from jeremiad to jihad?” No it isn’t, Christopher. Not one of the people involved in the outing of dual citizens is Muslim and when people with a Christian background launch a compaign you can call it a crusade if you like, not a jihad. Crikey, you’re not bigots. Stop using the word jihad to refer to a campaign you disapprove of. If it’s ISIS, they pretend their illegitimate war is a jihad so you could be forgiven for echoing them.
I asked weeks ago how the honking media would behave if one of our Jewish mp’s was caught in this – so Warren doesn’t disappoint when he decides it’s a frigging jihad.
A jihad is nothing more than a personal struggle against being a bad person, it’s nothing to do with the frigging constitution.
I don’t believe in the dual nationality concept – if somebody chooses to live permanently in Oz (for whatever reasons) they should be willing to commit 100%.
As for providing proof of their singular nationality to Parliament, is it any more demanding than filling out a passport application? If a political candidate finds the paperwork process too taxing then they are not fit for office.
Rubbish, we expect to be able to keep Australian citizenship if we are citizens of other nations so why not if we are here.
Marilyn, you’re absolutely entitled to be a dual citizen. Just not if you are elected to the Federal Parliament. It’s a question of our elected Parliamentarians not having conflicted loyalties. I don’t think there are any politicians arguing they should be allowed to be citizens of a foreign country – the problem is that s44 extends to the right to become a citizen of a foreign country even though that right has never been sought or taken up.
You can have conflicted loyalties while not being a dual national.
Draco, absolutely you can.
It means giving up freedom of movement and working rights etc in another country. Why should anyone have to give that up?
They don’t have to give it up. Nor do they have to stand for election to the Federal Parliament. Barring an unlikely change to the Constitution, they will have to decide which is more important to them. It seems most were/are prepared to renounce their right to be citizens of another country – they just didn’t get around to doing it properly.
Totally agree. Obviously these people should check before they complete the application form. No wonder this country is in a mess if our MPs can’t even complete an application form without stuffing up.
Australia needs a citizen’s assembly to rewrite our Constitution and a referendum to enact a new one. In addition to abolishing s44, we need a bill of rights and a restructure of the electoral system to make it more democratic, in place of the 2 horse race we currently endure that bores most of the electorate into apathy.
I confess to harbouring no few reservations about whether such – shall we say substantial – changes to the Commwealth Constitution would negotiate the section 128 process in all its glory and rigour.
Of 44 attempts since 1901 (many of them on relatively benign matters), 8 have successfully satisfied all of section 128’s requirements, so we’re currently batting at slightly better than 18%.