Read The Times Australia

Daily Bulletin

Grattan on Friday: Government's plan for a veto over university agreements is a step too far

  • Written by: Michelle Grattan, Professorial Fellow, University of Canberra
The Conversation

Scott Morrison and Dan Andrews don’t have a lot in common – but they are both as bold as brass when it comes to grabbing for power. As we saw this week.

Morrison announced a plan to obtain the right of veto over all agreements with foreign governments – read, the Chinese government – concluded or proposed by Australia’s state, territory and local governments and public universities.

For his part, Andrews made a bid for Victoria’s sweeping state-of-emergency legislation to be extended for another year after it expires in mid-September.

The prime minister can be confident of winning Senate support for his plan. Anthony Albanese doesn’t want a fight over anything involving national security. But Andrews quickly received enough signals from the Victorian upper house to begin a retreat to a less ambitious position.

Morrison works around gaps in his formal power to acquire more, as well as using to the maximum what power the system provides him.

Thus his creation of the national cabinet was designed to put him into the strongest possible position during the pandemic, when the states actually hold most of the formal constitutional power.

He subsequently made that body permanent, replacing the Council of Australian Governments. He likely thought this would augment future federal clout, although watching how the premiers are now behaving, that seems optimistic.

At a news conference on Thursday Morrison showed no inclination to try to legislate to override the resistance by various states to his push for internal borders to be as open as possible. He referred to this as a constitutionally grey area. Given how frustrated he is, probably all that’s held him back is lack of federal power and the fact border restrictions are so politically popular.

But neither the constitution nor public sentiment is a check on his push to be the cop on the beat monitoring state and other public entities’ agreements with foreign governments. External affairs is a clear area of federal responsibility. And Australians have become increasingly critical of China.

Under the Morrison plan, all existing agreements would have to be registered with the federal government; they would be scrutinised and the foreign minister would strike down any considered against the national interest.

Read more: Morrison government set to target Victorian 'belt and road' agreement under sweeping new legislation

The government has put forward two questions as the test for agreements, whether now in force or prospective. Does the arrangement adversely affect Australia’s foreign relations? Is the arrangement inconsistent with Australian foreign policy?

In particular, Victoria’s sign-up to China’s Belt and Road Initiative is in Morrison’s sights. He won’t publicly confirm this but his views about it are fully on the record.

The federal government – already angry with Andrews over the unrelated issue of Victoria’s second COVID wave – will have no hesitation in making the state’s agreement an early casualty of the new veto.

Andrews was visibly provoked by the announcement, saying Morrison would “no doubt very soon be able to list the full range of other free trade agreements and other markets that we’ll be sending Victorian products to. I look forward to that.”

Is the Morrison legislation warranted?

When it comes to arrangements the states have, there is a strong case. State and territory policies should be aligned with federal policy on matters of foreign relations and national security.

This is especially so as China has become much more assertive in targeting the internal affairs of other countries. Just as Australia is increasingly wary about Chinese investment in the nation’s critical infrastructure, so it can justifiably be more cautious about state governments’ arrangements with China.

Probably the same goes for agreements local governments make, although they are likely less important.

Read more: Explainer: can the federal government control the ability of states to sign deals with foreign governments?

Universities, however, are another matter, or should be. That is despite the fact their agreements can be both important and potentially compromising for the national interest.

According to government sources, research agreements overwhelmingly would not be affected, because these are usually with other universities. Confucius Institutes, however, would fall under the legislation’s provisions.

Universities have done themselves and Australia no good by, in many cases, becoming too dependent on foreign, especially Chinese, students. The pandemic has meant they are now paying the price – literally, with big losses of revenue. Similarly, they can be too easily seduced into arrangements that pose risks for their independence.

But while that might seem to back the government’s case for the final say on agreements, the counter argument – academic independence – carries more weight.

The government should advise and warn, and have regular consultations about these matters, a process that has already begun. But it goes a step too far in seizing this proposed power to dictate to these institutions.

The Group of Eight, which represents the leading research-intensive universities, on Thursday expressed concern “at the danger that – in the name of security – Australia may be inadvertently threatening the very democratic principles it holds dear”.

The Go8 said the legislation “as it relates to universities may not be proportionate to risk, may lead to over-regulation and could undermine the good work that has been undertaken between universities and the government” on the issue of countering foreign interference in the sector.

In the circumstances in which we’re living, almost nothing governments do seems surprising.

But Andrews’ plan for a 12-month extension of the emergency legislation did cause some sharp intakes of breath.

Read more: Explainer: why is the Victorian government extending the state of emergency, and is it justified?

The extraordinary measures in force in Victoria are necessary to deal with this once-in-a-century health crisis (though there can be argument about the detail and the lack of flexibility).

A Roy Morgan Snap SMS survey asking about six of Victoria’s current restrictions found strong support for five (there was division over whether Melburnians should be able to visit immediate family – 43% said yes, 57% said no).

While it is good people are co-operating with measures to fight the virus, these suspend what are usually regarded as fundamental liberties. Hopefully the extreme restrictions will go soon, but Victoria’s course over coming months remains problematic, making it crucial to have constant parliamentary scrutiny of what’s being done, how power is being exercised.

Extending the legislation for six months would be the longest time that would be reasonable; three months would be much preferable.

In a crisis leaders are impatient of scrutiny; indeed they use the situation to deflect attempts to hold them to account. Andrews has done this whenever he can (often hiding behind his inquiry into the hotel quarantine breach).

Federally, having parliament sitting this week was useful for putting heat on the federal government over the disaster in aged care.

Accountability must not become a second-order priority in this pandemic.

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more https://theconversation.com/grattan-on-friday-governments-plan-for-a-veto-over-university-agreements-is-a-step-too-far-145200

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How to Set a Budget Before Bidding at Auction

Placing a bid at an online art auction is an exciting way to discover rare paintings, home content...

Does a Modern James Bond Exist?

Image Credit: MysteryShot What the Movies Get Right About Private Investigators There are a few mov...

How Australian Businesses Can Effectively Manage Tax Audits and Disputes

Managing a small business in Australia is inherently challenging, but recent shifts in regulatory ...

From Coastal Calm to Classic Comfort: The Right Carpet for Every Style of Home

Carpet is often chosen near the end of a room makeover, after the walls, furniture, and lighting h...

How to Add a Heart to a Photo in Seconds

Visual storytelling has rapidly evolved in the digital age, transforming how we share our daily expe...

Why Small-Denomination Physical Gold is Becoming the Ultimate Defensive Asset

In a landscape of lingering macroeconomic uncertainty and rising domestic living costs, everyday i...

Why Your Feet Spread During Running and What That Means for Shoe Fit

The trainers felt brilliant in the shop. You walked around, bounced on your toes, checked the mirror...

How to Vet and Hire the Right Property Expert in the Australian Market

Navigating the Australian real estate market has become a highly strategic exercise. Recent nation...

Moving From Australia to Wellington: The Practical Settling-In Checklist

Wellington has a lot going for it. It's compact, walkable and full of cafes, with a harbour that r...