So as I write this post the premier of Victoria, Daniel Andrews, is proposing to extended the deceleration of a state of emergency in this state by another 12 months. While the principal is sound the bigger question is is it the right thing to do?
In theory yes it probably is the right thing to do- fundamentally we don’t know how long the virus will be around for and we went the “authorities” to be able to respond in a way that is strong and is the best course of action for the public.
HOWEVER!!
The details of being in a constant state of emergency is quite troubling and is very anti democratic; frankly if you ask me this is how despots and dictators start; no need to worry about Donald Trump in the United States when we have our own wannabe dictators in Australia!
The biggest problem I have with it is that it consigns powers onto the police minister (currently Lisa Neville) that allows them to veto or override any legislation that is determent to the governments response to the state of emergency. This one power is probably one of the most anti democratic and authoritarian hiding in plain sight! Say what you want, but this is the most dangerous power you could possibly place upon an individual- WHO ISN’T EVEN THE LEADER OF THE STATE OR THEIR POLITICAL PARTY!
As crazy as this hypothetical is I’m about to pose it is all too feasible; what’s stopping her from doing away all pieces of legislation so we end up in a totalitarian society where her word is Gods?
In theory nothing is. And this power is converted into an INDIVIDUAL- never mind an echo chamber of individuals! Handing that much power to an individual is frankly bonkers- I mean it’s bonkers whatever way you look at it but if you at least had it used by some sort of “council” at least you are not at the whim of one person. Yes the problem with a committee is you end up with group think/echo chamber/ whatever you want to call it, but there is in theory at least some sort of check in balance for a potential despot
This leads to another vital point in my opinion- where is the sunset clause? Answer; there isn’t any!
in recent times we’ve seen fairly draconian pieces of legislation enacted by the Federal Government in the name of “national security” (urgh!), but these at the very least have some sort of check and/or balance in them- be they of a judicial or legislative nature. Often these are provided for by a so called “sunset” clause- that is the legislation automatically stops being legislation after a certain time frame .
But where is the sunset clause in Andrews’ 12 month state of emergency deceleration? No where to be seen! No matter what side of the political divide you fall on (most of us are ALP or Liberal Party and this is what I am referring to [apologies to my readers who aren’t!]), this must start ringing alarm bells in your head; after all where is the harm in having a sunset clause which provides a finite end to this situation? There literally isn’t- if the situation is different in a year you address it then or close to the time frame when the declaration is set to expire!
For all the individuals out there saying there is no need to have a sunset clause because the ALP is “above board”- I shall respectfully disagree. They are essentially Liberal Party Lite, on the opposite side of the same coin as the Libs, with just as many dishonesty and morally repugnant behaviour as the Libs. In recent times we’ve had branch stacking by both sides (what a surprise- NOT!). Andrews refusing to answer any questions over the botched hotel quarantine response and my personal favourite Andrews saying he’s done the right thing by “sacking” a minister for homophobic, sexist and foul behaviour despite the fact said minister is known for such behaviour and Andrews in the past saying he’s a good guy!
And let me pose this question; why are you afraid of having checks and balances in place for most “hot topic”pieces of legislation? Checks and balances ensure that democracy itself is safeguarded from being misused!
The opinion is out on how good an extended declaration of state of emergency is going to be in Victoria; at the very least it has the potential of being very dangerous to the state of democracy!
EDIT- 12:12P.M 25 August
So it appears the legislation has been blocked in the upper house of Victoria by the opposition and the cross benches.
And wouldn’t you know? The reason for blocking it is a lack of oversight.
The big question now is what will the Government do to get their way; will their negotiate and allow a sunset clause or other form of oversight to their legislation or will they belittle the members of the Senate for not bowing down and instantly approving?
My gut instinct is that they will complain like they normally do that things didn’t go their way!