Wednesday, 12 August 2020

Clive Palmer - Sticking my neck out

As I type (13th of August) the so called nicknamed "Clive Palmer Bill" has passed the Lower House of the WA Parliament. I didn't watch all of it intently but I did watch some of it.

I'm not a Clive supporter. There may well be 2 sides you can choose from to support on this but there's a dozen aspects that this opens up.

I'm very uncomfortable that a bill like this was required at all. Only reason I'm even likely to become even slightly comfortable with it
 is...well to be honest I'm still looking to see how I can support such a bill. Can't find a reason to support this bill.

It targets Clive Palmer based on the idea he is a threat to WA. 
BUT...it's still potentially dangerous in intent & in action as a precedent.

I'm not the shadow of Lawyer's bootlace so it's untrained thought here...I'm not sure we should be dissolving a person's right of law to pursue through the courts. It prevents Mr Palmer from taking the WA Government to court whether the WA Government is in the wrong or not. That's a strikingly dangerous jump. (Understatement on over reach)

There's only one reason why I'd be comfortable & I'm not sure it's enough to get me over the line to supporting this bill. I'm hoping there is very heavy Legislative Council scrutiny of the advice driving this bill and whatever sunset clause is put in it. As it names Mr Palmer, any transferees past or present, his companies etc it is very much targeting him and only him (and his interests) This is THE Clive Palmer Bill. So perhaps THAT is the Sunset Clause. 

The concern is we need not only a serious push for Upper House oversight, but later after its all over full scrutiny. Nope even with that I'm still thinking it's a very bad idea taking away someone's natural rights under law.

The danger not explored here is this opens the door to this type of legislation where we can legislate away the rights of anyone. We're entering a VERY dangerous place. By all means the government can state this is large & unique threat however there is no mention what is stopping this being applied to others of a not so large, not so unique threat. Where is the prescriptive cut off line?

Legislating away a persons legal right to damages is probably a way bigger milestone bill than Voluntary Assisted Dying ever was. No...correction, it is certain not probably.

So yes I am all about protecting Australia or in this case Western Australia. I am largely disappointed that some rules, laws penalties were not enforced without fear nor favour during this State of Emergency some of which set Palmer on his course of a Constitional Challenge and now this latest claim. He is a unique challenge to WA and required very unique (and I hope a...) one off resolution.

Yes I think the McGowan government and Mr Quigley should have been able to prevent it getting to this point but alas, here we are.

Don't be over joyed just yet. Once passed, it isn't over. The likely result is a High Court challenge and as we know, Mr Palmer has never been afraid, indeed possibly been very keen to launch legal action.
Expect discussion using the phrase Sovereign Risk & Over Reach to pop up regularly

Now this is central to a consitutional democracy's rights and it is a pivotal moment in Australian legislation. As huge as it is I'll be sitting with the stopwatch to see how much time is devoted to this on ABC's Political Programme "Insiders" on Sunday. I'm thinking close to 8 minutes, maybe 12 minutes tops...actually I'll be surprised if it snares a total of 5 minutes. It's WA afterall & a Victorian or NSW state election would take up half a programme.

Wait n see. 
In any case, the bill has to pass the Upper House & probably go to an urgent committee, soaking up more time but at least some explanations.

Like the COVID situation, the fat lady hasn't sung, she's not even in her dressing room, she's at home & won't be leaving for the theatre for a very long time.

I think those that voted in favour of the Bill will regret it dearly. This is politically toxic and will probably result in a number of political scalps.

Late Edit - (Sept 2nd 2020) -  I did tell one MP I know (after it passed the Lower & Upper House,
 "I'm not in Parliament but I would have voted against this very very dangerous Bill"

Late Edit - (Nov 6th 2020) - An MP has told me it was rammed through with such urgency with opposition MPs told about it "just as Mr Quigly was presenting it in the Lower House. Even though it now turns out the Government had been working on this action for at least 3 months. The West Austrlian went into full Attack mode to demonise & mock Mr Palmer so public support gathered around the Act in the weeks that followed it ascension. Love or hate Mr Palmer this is a very uncomfortable spot WA is in having passed a Act that effectively removes all legal avenues on a contract & removes all Freedom of Information access afterwards. Its a dark day of dangerous over reach. I'm not a Palmer supporter at all, but he needs to win this case for proper natural justice for all of us. So again  "I'm not in Parliament but I would have voted against this very very dangerous Bill"

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