Ahistorical history on the run: Section 44(i) of the Australian Constitution

Recently there has been a lot of media hyperventilating about federal parliamentarians needing to check their citizenship status and declare they are purely Australian, without any taint of dual-citizenship.[i]  As usual, little of the pitchfork commentary is informed by history.

When the Australian constitution was drafted in the 1890s, allegiance was given to the Crown, not to a territory.  We all shared the status of British subjects, and a person born in Australia could be elected to parliament in Britain, New Zealand, Canada and other places, and vice-versa.  There was no need for renunciations or denunciations of allegiance.  Canadian-born Labor MP King O’Malley, for example, Minister for Home Affairs, a founder of the Commonwealth Bank and of Canberra among other things, could be a member of the federal parliament because he was a British subject, and therefore not the liege of a ‘foreign power’ in breach of Section 44.  There are numerous examples.

A lost world, bigger but now foreignised and forgotten.

Our world was so much bigger then.  Once upon a time, a person born in Australia could work, travel, study and live anywhere the Queen reigned.  Now we are confined to the continental high water mark.  The post-World War Two nationalist victories that are celebrated in orthodox Australian history books now seem like one big own-goal, and we clearly are not living happily ever after.

Certificate of Naturalisation, as used 1955-1970

Post-war nationalism began with the dominions adopting citizenship acts – Canada in 1946, Australia in 1948 and so on.  However, dominion citizens also remained British subjects.  But, that dual-world soon began to shrink.  Australia’s Department of External Affairs changed to Foreign Affairs in 1970.  Britain abandoned the Commonwealth for Europe in 1973.  Australia removed Australian citizens’ British Subject status in 1984.  The High Court ruled in 1999 that Britain (and all other countries) had become ‘foreign powers’ so a dual citizen became, under Section 44, subject to a foreign power.  For this ‘judicial-nationalism’, Section 44 was in interesting divertissement for years.[ii]  Indignant talk of vestigial, archaic, unjust, obscure and antiquated law buttressed the arguments of political nationalists and continued to underpin our shrinking horizons into the early 21st century.

The external becomes weirdly foreign: Canberra Times, 7 November 1970: 1.  Mr McMahon was born in Australia, and so never had to deal with being cast as a ‘foreigner’.  He later became 20th prime minister, following six former PMs born elsewhere in the Empire or Commonwealth and one in a ‘foreign’ country.

Media commentators have blithely advised “just amend s44 by referendum” so that dual-citizens are eligible to be federal parliamentarians.[iii]  It would just be an easy tidying-up.  They appear unaware that we’ve been living through an extended period of foreignising anyone and anything ‘not like us’ (whatever that is).

The chronology continues.  Through the 1990s republican nationalists cast the Queen as an indulgent foreign overlord, in the 2000s Little Australia nationalists cast boat people as invading foreigners, and in the 2010s the list has just gotten fatter and longer.  Foreigners are everywhere, infesting the homeland and now we have a Home Office to root them out and expel them from our pure heart land.  This week the bourgeois nationalists at Fairfax have resurrected the 1990s Queen-as-foreigner motif[iv], while the boofhead nationalists indulged in ugly schadenfreude at the number of federal MPs having to check their nationality.[v]  Today, King O’Malley would either be barred at the gates, locked-up on an (ironically) foreign island or chucked out.

(left to right) The Governor General Lord Denman, Prime Minister Andrew Fisher, Her Excellency Lady Denman and Minister for Home Affairs King O’Malley, at the formal naming and foundation of Canberra. All were born overseas, but none were considered ‘foreigners’. Image, still from NFSA 9382

The only people who seem to have much historical awareness are some letter writers and online commenters, who make the same point as I have in my second paragraph.  Some of them have questioned how New Zealand, Canada or Britain can really be ‘foreign’ cultures to us, ideas that likely smack of subversion for today’s authoritarian nationalists.  Their arguments echo those of CANZUK for creating new ties between Canada, Australia, New Zealand and the United Kingdom.[vi]  Technology now triumphs geography.  But should they be careful?  The new Home Office may already have spots reserved for them in Nauru and Manus.

The Crossroads, Kingston, Norfolk Island with former remote detention facilities in the background. Photo mrbbaskerville 7 June 2009

I think we are at a crossroads.  The old post-1945 nationalism of the Anglophone world is dead, or at least dying, along with its younger Neoliberal sibling.[vii]  It is a time to think differently as the Indo-Pacific returns to centre-stage.  A century ago, the whole British world had to re-invent itself amongst the residues of the Great War, and today, amidst more recent post-war residues spaces for another re-invention are opening.  New histories are needed for new futures.

To continue on as if nothing has changed invites a referendum to change Section 44 (just imagine, for a moment, the No case against ‘foreigners’ sitting in parliament), and more lofty legal interpretations of Section 44 that, effectively, maintain a stalemated nationalism.  Perhaps, instead of assuming Section 44 is the problem, we need to ask ourselves whether we have been so traduced by nationalist-induced fear of the ‘foreign’ that we are forgetting our own histories and foreignising our own past?  How else to explain a centralising, militaristic, authoritarian Home Office?

An old tradition of antipathy to militarised over-reach in British and British-descended cultures – now reduced to a forgotten/foreignised/museumised history in Australia? ‘The Common wealth ruleing with a standing Army‘, Frontispiece to Thomas May’s “Arbitrary Government Display’d, in the tyrannick usurpation of the Rump Parliament”, 1683, British Museum collections

Parliament could define the phrase ‘foreign power’, for Section 44 purposes, to exclude Commonwealth countries.  As well as honouring the original intent, it will also recognise our long, complex and continuing history of multi-generational migration between Commonwealth countries. Most of the reported ‘problems’ of dual-citizenship are intra-Commonwealth, suggesting a foreclosing amnesia about the larger world we once inhabited.[viii]

Perhaps that small change might even lead to reducing vitriol directed at people and things ‘not like us’, now fashionably tarred in high offices and the media as pejoratively ‘foreign’?  If not, I fear the day when all but those with a one hundred percent First Fleet ancestry will be denounced as foreign – and even they will be suspect.

Who, if any, are the ‘foreigners’?  Queen Elizabeth II with the Commonwealth’s women prime ministers: from Bangladesh, Sheikh Hasina (left), from Australia, Julia Gillard (second right) and from Trinidad & Tobago, Kamla Persad-Bissessar, during the opening of 2011 CHOGM in Perth, 28 October 2011. Photo credit: John Stillwell/PA Wire

[i] Rosie Lewis, ‘MPs rush to confirm true-blue credentials’, The Australian, 19 July 2017; Tom Minear, ‘Greens Party loses another politician … Greens Senator Ludlum exposed as a Kiwi’, Daily Telegraph, 19 July 2017; Lorraine Finlay, ‘Greens resignations show a need to change dual citizenship requirements’, The Conversation, 19 July 2017; Alle McMahon, ‘Australian politicians born overseas jump to clarify citizenship’, ABC News online, 19 July 2017

[ii] John Kalokerinos, Who May Sit?: An examination of the parliamentary disqualification provisions of the Commonwealth Constitution, Faculty of Law, ANU 2000, https://www.aph.gov.au/binaries/senate/pubs/pops/pop36/kalokerinos.pdf , accessed 20 July 2017

[iii] Prof George Williams, quoted in Amy Remeikis, ‘MPs scramble to confirm citizenship’, Sydney Morning Herald, 20 July 2017: 6; William Bowe, ‘Section 44 is a sticky wicket in need of reform’, Crikey, 19 July 2017; for a somewhat more nuanced article see Adam Gartrell, ‘Allegiance rule is a relic but we’re stuck with it’, Sydney Morning Herald, 19 July 2017: 5;

[iv] Cathy Wilcox, untitled cartoon, Sydney Morning Herald, 20 July 2017: 17

[v] Derryn Hinch, ‘I am not in allegiance to a foreign power and I have proof’, Crikey, 19 July 2017

[vi] CANZUK International, http://www.canzukinternational.com , accessed 20 July 2017

[vii] there are many examples to cite, just two recent being Ross Gittins, ‘History’s pendulum is changing course’, Sydney Morning Herald, 19 July 2017: 18-19, which quotes The Economist magazine “the neo-liberal consensus has collapsed”; Bernard Keane, ‘The surprisingly quick death of neoliberalism in Australia is underway’, Crikey, 21 June 2017

[viii] Of the 222 federal parliamentarians in March 2017, 18 (8%) were born in a Commonwealth country and 6 (0.4%) were born in a ‘foreign’ country: http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/Parliamentary_Handbook/mpsbyplc , accessed 21 July 2017

In Memoriam | Heritage at the Old Kings School, Parramatta 2002-2016

I hesitated to make this post one year ago, but now on the first anniversary it seems an apposite moment.  There are many good people working within the heritage system in New South Wales, often against overwhelming and depressing odds.  This story is part of our patrimony, to be remembered.

The days of ‘Yes Minister’ as an ironic statement from the enduring mandarin Sir Humphrey are long vanished.  In its stead is ‘Yes Minister’ as a statement of deference from a disposable short-term contractor.  The responsibility for the white-anting of public heritage management,  the dissipation of the NSW Crown estate, and the devaluing of heritage conservation as a proper role of the State and governments, has to be shared between those we have elected to high office, and we who elected them.  As one of the elect is reported to have said

The state government houses hundreds of back-office bureaucrats in prime … real estate with stunning views … historic, iconic and centrally located buildings are accessible only to government bureaucrats, with their heritage locked away from the public who own them … inefficient use of real estate … big government is a broken relic of a bygone era … we are to sell land in sites such as Parramatta.

Unwatched, the garden bough shall sway

This memorial notice is but another reflection on the continuing despoliation.

Unwatched, the garden bough shall sway,
The tender blossom flutter down,
Unloved, that beech will gather brown,
This maple burn itself away.[1]

[1] ‘In Memoriam AHH’, Alfred, Lord Tennyson 1849


Friday 22 April 2016 marked the final demise of the New South Wales’ state heritage agency’s life in the Old Kings School in Parramatta.  After just 14 years, and in recent years an alphabet soup of name changes, the once-great NSW Heritage Office has finally been interred in an anonymous office block beyond the railway line, its beautiful historic offices and their parkland setting cast aside as a mere extravagance.

Once was a library …

Once was a Heritage Council chamber …

I joined the NSW Heritage Office in 1997, moving with it to the Old Kings School in Parramatta on 17 December 2002.  The new Office was officially opened on 12 March 2003.  Three days later, Ben Chifley’s House in Bathurst was listed on the State Heritage Register.  I had worked on that listing, and it seemed an auspicious beginning.

It was a time of high hopes in the tardis-like Old Kings School, with its 1832 southern facades and 1906 northern facades encapsulating a fantastic early 21st century interior.  For the first time, there was a dedicated Heritage Library open to heritage professionals and the public, with a professional librarian on staff.  For the first time there was atmospheric Heritage Council Meeting Room from where the Council exercised its stewardship of a growing heritage estate in Australia’s oldest jurisdiction.

Time slows to standing-still on the 1832 facade …

… and the cloister falls silent on the 1906 facade

There were decent work spaces for a dedicated and professional staff of (mainly) young and enthusiastic public heritage officers.  Professional development, heritage education and community outreach were the order of the day.  Heritage had come of age, in that fantastically adapted heritage building that was itself a model and showcase of possible futures.  It was never empty, near quiet, always hosting public and community events, nourishing a living heritage as a part of a whole community.

The date stamp fades into cobwebbed archaeology …

Now, all is abandoned.

The Heritage Library, once an unparalleled collection of unique conservation studies and a source of expert research, now just an empty shell of vacant shelving.  The grand Heritage Council Meeting Room, once resounding with passionate debate, now fallen silent, only the sound of the wind to disturb the funereal gloom, or was that the walls whispering their memories while there was still someone to hear them?

Wandering the grounds of the Old Kings School, gardens bedraggled and overgrown, lawns rank and patchy, piles of pigeon droppings on the sandstone paving, autumn leaves swirling in unkempt nooks and crannies, it’s hard to believe that delegations from interstate and overseas once beat a path to this very place to see and learn the ways of an innovative and dynamic heritage system.

while the State of Things reveals a truth …

The garden wall where the emblem and the name of the NSW Heritage Office once proudly welcomed all, prised from the wall in 2007, just faint scars remaining.  Five short years, a golden age.  After that, nothing was the same.  I resigned in August 2008, my diary till then an endless round of staff farewells.  I thought my work was finished on my once-in-a-lifetime opportunity, the nomination of the Australian Convict Sites for inscription on the World Heritage List.  Luck and a remote Pacific island exile would prove otherwise.

Back in Parramatta, the beauty of ruins, their capacity to provoke the imagination, their embodiment in crumbling decay of the poetry of lives lived and yet to be dreamt.  But the melancholy and pain in the ruin of a great institution, so much so carelessly wasted. The windows of that lovely edifice stare blindly out, hooded as if ashamed of once visioning the shared patrimony of community, history, tradition, continuity, future.

The tender blossom flutter down …

Just 14 years, just 5 years.  The chill winds of the neoliberal revolution blow through the grounds of the Old Kings School.  As I stood in those dusty rooms and neglected grounds on that end-day on 22 April 2016, there are tears in my eyes, stung neither by mote nor impermanence but the tragic irony of mammon’s hand.

My name is Ozymandias, king of kings:

Look on my works, ye Mighty, and despair!’

Nothing beside remains. Round the decay

Of that colossal wreck, boundless and bare

The lone and level sands stretch far away.[1]

[1] ‘Ozymandias’, Percy Bysshe Shelley, 1818


And today, one year later on 22 April 2017, the Old Kings School remains empty and forlorn, a wrecked monument to a monumental wreck.

… and a future marches onwards … Look on my works, Ye mighty, and despair

All photos by mrbbaskerville, 22 April 2016

The Battle for the Commons, Episode No 4353

The never-ending battle for the commons goes on.  It must be one of history’s great continuities.

The beautiful common lake, St Albans Common, NSW. Photo mrbbaskerville 20 January 2017

The beautiful common lake, St Albans Common, New South Wales. Photo mrbbaskerville 20 January 2017

After failing in November 2016 to persuade the NSW Parliament to abolish the commons, the NSW Government is preparing to again try and convince Parliament to do what it so conspicuously refused to do just three months ago.

Black swans on the common lake, St Albans Common. photo mrbbaskerville 20 January 2017

Black swans on the common lake, St Albans Common. photo mrbbaskerville 20 January 2017

Submissions closed on 21 February 2017 for public responses to the latest proposals for ‘reform’ of commons from the NSW Department of Industry’s Crown lands agency.  The Government’s ideas of Crown lands as a just a resource to be monetised is illustrated by this administrative arrangement, and it is difficult not to be cynical about any reasons given for wanting to remove the commons from their commoners.

A mob of cattle being mustered, coming over a crest in Wollombi Road and heading for the bottom yards. photo mrbbaskerville 20 January 2017

A mob of cattle being mustered, coming over a crest in Wollombi Road on St Albans Common and heading for the bottom yards. photo mrbbaskerville 20 January 2017

A commoners’ campaign, lead by the commoners of St Albans Common in the Macdonald Valley, north of Sydney, developed a set of basic principles for the future care and control of commons in New South Wales.  These include:

  • Commons belong to their commoners – they are not Crown land, and their arbitrary confiscation must not be allowed
  • Commons must remain under the care and control of representatives elected by the commoners – not ‘managers’ appointed by the minister
  • Commons legislation must remain as stand-alone legislation – it should not be repealed or otherwise replaced by Crown lands or other legislation
  • The responsibilities of commoners, and their rights of commonage, are of great traditional and historical significance – this should be respected and supported by the State
  • Commoners who have managed their commons sustainably, especially over many generations, should not be arbitrarily penalised because some others haven’t.
The mob going through the gates into the bottom yards, St Albans Common. Photo mrbbaskerville 20 January 2017

The mob meanders through the gates into the bottom yards, St Albans Common. Photo mrbbaskerville 20 January 2017

Commoners watch the mob as it moves into the bottom yards. Photo mrbaskerville 20 January 2017

Commoners and drovers making sure the mob is in the bottom yards, St Albans Common. Photo mrbaskerville 20 January 2017

I made a submission on the Department’s proposals, from the perspective of a historian of commons rather than that of a commoner.  My submission is essentially consistent with the commoners’ principles.  It also calls for the Department to abandon its attempts to abolish the commons, and instead adopt a ‘common-centred’ approach to revitalising the commons, and increasing local community engagement with their commons, especially commons that are claimed to have been neglected, or for which commoners now seem to be unaware of their traditional rights and responsibilities.

Cattle being inspected in the race at the bottom yards, St Albans Common. Photo mrbbaskerville 20 January 2017

Commoners inspecting cattle in the race at the bottom yards, St Albans Common. Photo mrbbaskerville 20 January 2017

My submission can be dowloaded here and the St Albans Common site contains links to the commoner’s submission, and to several other useful resources in the ongoing battle to save the commons of New South Wales from mammon.

The Settlers Arms, in the nearby village of St Albans. Photo mrbbaskerville 20 January 2017

The Settlers Arms, in the nearby village of St Albans. Photo mrbbaskerville 20 January 2017

A Scotch Thistle in flower - one of the more exotic inhabitants of St Albans Common. Photo mrbbaskerville 20 January 2017

A Scotch Thistle in flower – one of the more exotic inhabitants of St Albans Common. Photo mrbbaskerville 20 January 2017

Sullivans Bight, one of the many little vales that edge the flats of St Albans Common. Photo mrbbaskerville 20 January 2017

Sullivans Bight, with post and rail fence of the old weaner’s yard, one of the many little vales that edge the flats of St Albans Common. Photo mrbbaskerville 20 January 2017

Old quarry along Wollombi Road, in St Albans Common. Photo mrbaskerville 20 January 2017

Old quarry along Wollombi Road, a landscape record of one of the multiple historic and contemporary uses of St Albans Common. Photo mrbaskerville 20 January 2017

Koalas, kangaroos and wombats - a sign of some of the natural inhabitants along Wollombi Road in St Albans Common. Photo mrbaskerville 20 January 2017

Koalas, kangaroos and wombats – a sign of some of the natural inhabitants whose environment is conserved along Wollombi Road in St Albans Common. Photo mrbaskerville 20 January 2017

St Albans Commons, cared for by its commoners since 1824, granted to its commoners in 1853, a place of historical, traditional and cultural significance that must, and will, survive and thrive long into the future. Photo mrbbaskerville, 20 January 2017

St Albans Commons, cared for by its commoners since 1824, granted to its commoners in 1853, a place of historical, traditional and contemporary cultural significance.  The common and its commoners will continue to survive and thrive long into the future, while transitory governments come and go. Photo mrbbaskerville, 20 January 2017

Historic Reserve Trusts & Boards Abolished, Commons Almost Go Same Way

The NSW Government’s new Crown Land Management Act 2016 came into force on 14 November.  This new Act repealed the Crown Lands Act 1989 and a number of other Acts such as the Trustees of Schools of Arts Enabling Act 1902, the Western Lands Act 1901, the Hay Irrigation Act 1902 and the Orange Show Ground Act 1897, as well as the regulations and by-laws made under these Acts.  The mainstream media failed to cover any of these fundamental changes.

One Act slated for repeal was the Commons Management Act 1989, legislation with roots going right back to the first commons established by Governor King on 11 August 1804 and the historic Epitome of the Existing Laws respecting Commons drawn-up by Judge Advocate Richard Atkins in Sydney in January 1805.  This was the first ‘charter’ of common rights created in Australia, linking the new commons here with the customs and practices of their ancient predecessors and with a future in which local people – commoners – would share and manage resources for their mutual benefit as communities.  Wherever they came from, however they arrived, their shared interests as local commoners were what mattered.  About half the first trustees appointed in 1805 were ex-convicts.

Following determined representations by the community in St Albans and the commoners of St Alban’s Common to all State MPs in all parties, all references to commons and the Commons Act were removed from the Bill by parliament.

One effect of the new Crown Lands legislation is to abolish or otherwise fundamentally change existing community bodies managing various Crown reserves.  This includes many boards and trustees.  In their place, the Minister may appoint a ‘land manager’, which could be a local council, a ministerial corporation, the head of a government agency or the existing reserve trust or board, among others, at the Minister’s discretion.  The Minister may sell, lease, exchange, transfer or otherwise dispose of such Crown land.

Another effect of the new Act is that many old and historic local community-based institutions have been abolished or transformed.  About 700 local reserves are (or were) controlled by local trusts.  For example, the 119-year old Orange Showground Trust will be replaced by Orange City Council as Orange Showground Land Manager. On the other hand, five reserve trusts are designated ‘special reserve trusts’ and appear to be exempt from the new Act, such as the 150-year old succession of trustees for Wagga Wagga Racecourse Reserve, and the 133-year old succession of trustees for the Hawkesbury Racecourse Trust, as well as all Crown cemetery trusts.  Apart from these few, the whole concept of local community trusteeship has been discarded in favour of management processes subject to the Minister.

The law locks up the man or woman

Who steals the goose from off the common

But leaves the greater villain loose

Who steals the common from the goose.

Folk rhyme, 18th century

The quick action of the St Albans Commoners means that all commoners still retain control of their commons.  St Albans Common is one of the ‘old commons’, established in 1824, under the control of the trustees chosen by the commoners.  It is the oldest common still continually managed by its commoners as trustees, formalised in an 1853 Deed.  At 163-years old, the commoner’s Trust is older than any other form of self-governance in NSW and Australia, older than the parliament (160 years) which almost abolished it without a second thought, older than any local council, and equal in age to the Supreme Court of NSW.  Only the Governor and the Crown itself predate the St Albans Commoners as continuing historic institutions in New South Wales.  Commons and their trustees are just as significant to our shared heritage.

A politician realizes the significance of a common. Windsor & Richmond Gazette, 26 January 1917, page 8

A politician realizes the significance of a common. ‘St Albans Common’, Windsor & Richmond Gazette, 26 January 1917, page 8

However, the late change in the Bill does not mean commons are safe.  They will be considered again in 2017 when further amendments to the Act will be made.  The abolition of Commons Trusts has only been ‘deferred’ (Second Reading speech, Hon Niall Blair MLC, 8 November, and Kevin Andrews MLA for Tamworth, 9 November), so all commoners, whatever their common, need to remain alert.  In the debate, Clayton Barr MLA for Cessnock noted that the ‘deferral’ only occurred because commoners

“…came bearing arms against the changes … they were repulsed … they took up arms – their pens and keyboards – they were successful and should be congratulated for dragging the Government to agree to an amendment … at the eleventh hour

(Legislative Assembly, Second Reading Debate, 9 November).

It is clear from reading the debates that the Commoners of St Albans played a key role in saving the commons (see, for example, speech by David Shoebridge MLC, 8 November).  The commoners continued a very long tradition of upholding their rights, and their actions today recall those of the commoners of the Field of Mars Common and Ham Common in the 1860s and 70s and many other commoners over the years who fought valiantly, but often unsuccessfully, against enclosure and privatisation of their commons.  Eternal vigilance is the real price of commonage.

Commoners have a long history of fighting to defend their commons. 'Field of Mars Common', Sydney Morning Herald, 4 April 1862, page 5

Commoners have a long history of fighting to defend their commons. ‘Field of Mars Common’, Sydney Morning Herald, 4 April 1862, page 5

Are you a trustee or member of a reserve trust?  Are you aware of the impacts of the new Crown lands legislation on you, the Crown reserve that you steward, or your local community?  Has your reserve, its trust or its board been in existence for many years?  Do you know its history?  Is it embedded in the traditions of your community?  Do you know where its records and archives are (the new Crown land managers are specifically not ‘government agencies’, and so will not be subject to the State Records Act 1998)?  Do you know if it is being abolished?  Is your reserve listed on your local council’s LEP or the State Heritage Register as a heritage item?  Are you a commoner worried about the future of your common and commonage rights?  Do you know if you are a commoner of your local common?  Do you know where your common is (or perhaps, used to be)?

Commons are a part of our shared histories as communities, and they are also part of our present and future.  Commons were the first places where people had to work out how to live together in a new place, how to share resources so that all could benefit, and how to care for and look after a sustainable local environment that could support them all now and into succeeding generations.  Some succeeded, some didn’t, but that is part of our ‘common history’ from which we can learn so much about communal endeavour and ways for people to live and work together.  Conservation of historic institutions such as commoners and their trustees goes hand-in-hand with the conservation of environments and natural resources.  The ‘tragedy of the commons’ is never inevitable.

Commoners were not always successful in keeping their commons out of the clutches of the enclosers and privatisers. 'Sydney Common Estate', Evening News (Sydney), 17 October 1881, page 3

Commoners were not always successful in keeping their commons out of the clutches of the enclosers and privatisers. ‘Sydney Common Estate’, Evening News (Sydney), 17 October 1881, page 3

The new Act has only just been passed, and the fate of the ‘deferred’ commons and the ‘special reserve trusts’ has yet to be decided by your parliamentarians.  Instead of waiting to see what might happen, you can begin making inquiries now with your local council, Lands Office or State MPs.  Ask your MPs which way their vote was cast on this legislation, what they said in the debates, and which way they will vote for commons in the future.  Remind them to keep you informed of what they will do when commons next come before parliament.  Let them know you’ll be watching.  Don’t let them forget that historic, learned ways of local stewardship of local environments are central to continuing community traditions, living local economies and healthy local communities.  They must not be quietly stolen away.

Sometimes, a politician had to admit that a common was important, even if a public servant had to be the whipping boy. Windsor and Richmond Gazette, 23 February 1917, page 4

Sometimes, a politician had to admit that a common was important, even if a public servant had to be the whipping boy. Windsor & Richmond Gazette, 23 February 1917, page 4

Some Useful Resources

 Some useful words:

  • Common: land over which rights of common may be exercised without personally owning the land.
  • Commonage: generic term for rights of common, such as grazing, wood gathering, camping, mushrooming, collecting clay and fishing.
  • Commoner: a person with rights of common, usually defined by residence near a common.
  • Tragedy of the commons: an economic theory claiming commoners only act in their self-interest and will inevitably destroy their shared resources, but which ignores the reality of commoners managing their shared resources prudently and cooperatively without any need for enclosure or privatisation.
Commons management in action, by the trustees elected by the commoners. Windsor & Richmond Gazette, 12 September 1908, page 16

Commons management in action, by the trustees elected by the commoners. Windsor & Richmond Gazette, 12 September 1908, page 16

Do NOT Boycott the Census

Crikey today published an article calling for Australians to boycott the census to be held on 9 August this year (Bernard Keane: ‘The 2016 Census is a high threat to your privacy – boycott it’, https://www.crikey.com.au, behind a paywall).  I submitted a response to the article, and reproduce it below for non-Crikey subscribers.  I urge people: DO NOT boycott the census.  Instead, take this opportunity to be counted as a citizen, and to be part of the common legacy we bequest to future generations.

Dear Crikey,

I am saddened to read your ‘boycott the census’ call.

Every citizen and resident has a right and a responsibility to be counted in the census.  We had a constitutional referendum in 1967, after a long campaign, to finally stop the exclusion of Aboriginal people from being counted.  In doing so we finally began treating Indigenous people as fellow citizens and equals.

Every same-sex couple has been able to exercise a right to have their relationship recognised since the 2011 census provided for our relationships to be officially recorded.  Despite the obstructionism of Christianists, the existence of our relationships can no longer be denied, thanks to the census, and our named census forms will one day be a monument to our relationships.

I have, since the 2001 census, always agreed to my named census form being retained and archived for access by researchers 99 years later, especially family historians.  It is one of the few bequests I can make.  I have also come to know many of my ancestors in ways otherwise impossible through the named census forms that were retained in the past, and I am thankful for that legacy.

By the way, such named forms are only available in Australia for the early colonial period.  Your claim that that citizens “provide copious, highly personal detail of themselves for indefinite retention and use by governments … is longstanding tradition in Australia” is nonsense, as any understanding of the history of censuses and their destruction in Australia will show.  The campaigns by historians for retaining named census forms in the 1980s and 90s was constantly attacked by officious ‘we know what’s good for you’ types, and unfortunately your crusade seems to adopt the same tone and language.

source: http://slwa.wa.gov.au/find/guides/family_history/australia/western_australia/census

Named census form, York District, Western Australia 1859 – should such historical records be destroyed for ‘privacy’? Source: http://slwa.wa.gov.au/find/guides/family_history/australia/western_australia/census 

I have enjoyed being a Crikey reader for some years now, but the semi-hysterical nature of the article smacks of a personal crusade rather than the informed opinion that has been one of Crikey’s strengths.  Claims of “sinister uses” and “targets” and “every Australian will be tracked down” and “forced to upload extensive personal information” is too melodramatic for me to take seriously.  Should I expect Keanu Reeves/Neo to come knocking?

Your claim that the census form contains “copious, highly personal detail” sounds like a claim made by someone who has never actually filled-in a census form.  For ‘copious, highly personal detail’, try filling in an income protection insurance application, especially the questions about your sex life.  The amount of personal information collected and misused by private corporations outweighs the alleged abuses you claim of census data.  I don’t remember you ever calling for a boycott of the incessant gathering and trading in other people’s personal data by private corporations, with their ever-increasing surveillance of us all for their own private commercial gain.  Indeed, in this article you seem to regard them and their “higher standards” as exemplars to be emulated.  I don’t even recall you ever calling for a boycott of Commonwealth agencies such as Centrelink or the ATO because of the vast amounts of personal data they amass – far more than any census form will ever record.

A whole collection of named census or muster forms, published for all to see.  Source: http://www.sl.nsw.gov.au/blogs/musters-and-lists-new-south-wales-and-norfolk-island-1800-1802

A whole collection of named census or muster forms, published for all to see. Should this be banned?  Source: http://www.sl.nsw.gov.au/blogs/musters-and-lists-new-south-wales-and-norfolk-island-1800-1802

As a citizen I chose to participate in the census.  As a consumer I choose to emulate your example, but to boycott the census-haters.  Sadly, that means boycotting Crikey by the only means I know how, returning each daily edition to sender, un-opened, and eventually not renewing my subscription.  It pains me to do this, and I will certainly miss my daily read, but I cannot support boycotting the census and in doing so surrendering my own citizenship, because that is all your boycott really achieves.  As a citizen I have a responsibility to be counted, and a right to have my named census form retained and archived as a permanent historical record of my continuing citizenship.  That is the right I chose to exercise.

The annual Australia Day Wars: this year’s winners

The phrase ‘a modern Australia’ is constantly used by some parts of the political class, implying any disagreement could only come from the most troglodyte of citizens. Allain de Botton wrote in The News: A User’s Manual (2014, page 11) “Societies become modern, the philosopher Hegel suggested, when news replaces religion as out central source of guidance and touchstone of authority … The news knows how to render its own mechanics almost invisible and therefore hard to question. It speaks to us in a natural, unaccented voice, without reference to its own assumption-laden perspective. It fails to report that it does not merely report on the world, but is instead constantly at work crafting a new planet in our minds in line with its own highly distinctive priorities.”

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With that in mind, the last two Australia Days, in 2015 and 2016, have witnessed pitched battles through the media, each of which could be conceptualized as surrogate battles between republicans and monarchists for control of the day. Battles, this is, fought within the political class (in which I include the media), to which the general public have largely been bewildered onlookers.

The signal event in each year was the Australian knighthood conferred on Prince Philip in 2015, and the Australian of the Year Award conferred on recently retired Lieutenant General David Morrison in 2016. There were other events and debates, but these two dominated the media coverage and are similar enough to allow for comparisons to be made.

In this post, I compare and analyse press coverage of the two battles to see if any winners or losers can be detected, and our bewilderment assuaged.

I collected items in the ‘mainstream’ media (Sydney Morning Herald representing Fairfax, Daily Telegraph and The Australian representing Murdoch, and Crikey, an independent online news outlet), published between 26 and 30 January in 2015 and 2016. The items include reporting, opinion pieces, and letters from readers, totaling 390 items in 2015 and 207 in 2016.

In order to remain consistent with the language of the 1999 referendum, items categorized as ‘Yes’ means they are supportive of a republic, ‘No’ means they are opposed to a republic, or supportive of the monarchy (not necessarily synonyms), and ‘Other’ means related to the issue, but without explicit or reasonably implicit alignment with either side. Typically, ‘Other’ items relate to the national flag, gender issues and/or commentary on personal characteristics or physical attributes. This category also includes Indigenous issues, which appear to have received much less media attention than before 2015.

This post does not pretend to be a scientific survey or analysis, and these results are presented here for interest and discussion rather than as proof of any particular argument.

Some analysis

  1. Inverse relationships between media writing and popular writing

In 2015, reporting/opinion writing was 55% for a republic, 45% against; readers writing was 46% for a republic, 54% against. The reader writing was almost an exact replication of the referendum result 16 years earlier, suggesting there had been no change in public opinion over that long period.

In 2016, reporting/opinion writing was 62.5% for a republic, 37.5% against; reader writing was 39.5% for a republic, 61.5% against. They were diametrically opposite of each other, suggesting a strong polarization over the previous 12 months, and a strong disconnection between media and reader points of view. Overall, there was a consistent ratio of about 1 media article produced for every four readers letters published.

  1. Honours and honour attacked each time:

In 2015, knighthoods per se, Prince Phillip personally, and Abbott as initiator of the knighthood, were all attacked as ridiculous for their ideological (monarchical) purity, especially among media writers.

In 2016, Australian of the Year Awards per se, Lt Gen Morrison personally, Turnbull as a ‘manipulator’, were all attacked as betraying an ideological (republican) position, especially among media writers.

In both years, reader writing did not necessarily follow the media line, but over the five-day period, tended to become more consistent with it. Whether that reflects the selection processes used in each media house for publishing readers letters, or the patterns in all letters received, is not able to be determined.

  1. Surprise factor each time

In 2015, the knighthood was announced on Australia Day, with no warning. It was a complete surprise. There was some preceding news from Opposition leader Bill Shorten about starting a republic debate the day before, but no obvious connection between the two events.

In 2016, Morrison’s statement committing to republic when accepting the Australian of the Year Award announced on Australia Day eve was a complete surprise. It had a more obvious precursor in the ARM release of 7/8ths of first ministers declaring support for a republic earlier in the day.

  1. Gender issue each time:

In 2015, there were attempts to blame Peta Credlin for either encouraging or not discouraging the royal knighthood, so moving attention away from PM Tony Abbott, and discouraging attention on the merits of the knighthood.

In 2016, Catherine McGregor was castigated for saying Morrison was a ‘conventional’ appointment, so moving attention away from the Australia Day committee, and discouraging attention on Morrison’s republic commentary.

Blaming Credlin was less successful in drawing attention away from the decision maker than disparaging McGregor, whose transgender status attracted more personal attacks. The archetypal Lucretia Borgia and Mata Hari figures were, it seems, quite consciously constructed by media writers, and as such they tell us more about the writers than the two women or their supposed nefarious influences. It was perhaps an unconscious parody in this context that Crikey titled its single editorial piece ‘Time to grow some republican balls’.

  1. Media writing patterns

In 2015, Fairfax published ‘Yes’ articles every day (7 ‘Yes’ over the period, 1 ‘No’); Murdoch was more sporadic, with 3 ‘Yes’ and 2 ‘No’ articles over the period; and Crikey carried neither Yes nor No articles, but 7 ‘Other’ articles.

In 2016, Fairfax again published ‘Yes’ articles every day (13 ‘Yes’ over the period, and 1 ‘No’); Murdoch was again sporadic, with 6 ‘Yes’ (all on two days), and 8 ‘No’ across all days; Crikey carried 1 ‘Yes’ article and 0 ‘No’ articles.

Comparing 2015 and 2016, Fairfax producing multiple ‘Yes’ articles both years, and a token ‘No’ article; Murdoch was more sporadic in coverage, with a larger volume in 2016 compared to 2015, but ‘Yes’ and ‘No’ roughly balanced until the final day in the period (30 January) when ‘No’ took the lead; Crikey produced nothing in 2015, one editorial only in 2016.

These patterns suggest Fairfax writers are committed and enthusiastic republicans, as are its readers (ARM Chair Peter FitzSimons says he’s a ‘Fairfax man’, and Fairfax sponsored a NSW Australian of the Year entrant); Murdoch sees its readers as more aligned to monarchy, but has to balance that with its owner’s republican sentiments (and it tends to use more cartoons and satire, less wordy arguments); Crikey aligns with the Fairfax position, but doesn’t really seem to regard republicans v. monarchists as a core interest of its readers.

  1. Letter writing patterns

In 2015, Fairfax published letters every day, 9 ‘Yes’, 11 ‘No’ and 30 ‘Other’ letters; Murdoch also published every day, 21 ‘Yes’, 38 ‘No’, 64 ‘Other’ letters; and Crikey also published every day, 17 ‘Yes’, 7 ‘No’, and 63 ‘Other’ letters.

In 2016, Fairfax again published every day, 12 ‘Yes’, 10 ‘No’, 22 ‘Other’ letters; Murdoch again published every day, 8 ‘Yes’, 56 ‘No’, 26 ‘Other’ letters; Crikey also published every day, 4 ‘Yes’, 7 ‘No’, 10 ‘Other’ letters.

Comparing 2015 and 2016, Fairfax published a similar volume of letters, roughly balanced between ‘Yes’ and ‘No’, but with ‘Other’ topics higher; Murdoch published a larger volume in both years, but with a dramatic increase in ‘No’ and decrease in ‘Yes’ and ‘Other’ letters in 2016; Crikey published a low volume of letters, with ‘Yes’ and ‘Other’ falling, while ‘No’ remained steady.

These patterns suggest Fairfax letter writers are ‘rusted on’ to Fairfax, talking to each other, and perhaps avoiding direct confrontation through ‘Other’ topics; Murdoch letter writers may have been unsure in 2015, but in 2016 were firmly in the ‘No’ camp; and Crikey letter writers counter-intuitively switched from ‘Yes’ to ‘No’, but only because of fall in ‘Yes’ letters rather then rise in ‘No’. It is also worth noting that the two media in which letter writers changed views, Crikey and Murdoch, have more continental audiences (although no letters from WA, NT or Tasmania were published), while Fairfax letter writers’ addresses are mainly in the southeastern capitals. This would not be an auspicious sign for any advocate of constitutional change.

  1. The ‘Other’ category counts items that relate to the issue, more or less directly, but without explicit or reasonably implicit alignment with either side.

In 2015, the other issues were changing the flag, desirability of a republic, role of Credlin and her gender (cast as a scheming femme fatale controlling an implicitly de-masculinised and effete Abbott), the credibility of knighthoods, abolition of knighthoods, personal attacks on Prince Philip, and warnings of Abbott’s impending doom if he didn’t focus on ‘proper’ political issues such as the economy.

In 2016, the other issues were changing the flag, demands for a republic, conflation of demands for another republic referendum with equal marriage and Aboriginal recognition referenda, role of the Australia Day committee, credibility of Australian of the Year awards, personal attacks on Morrison, Turnbull’s ‘breaking hearts’ and treachery (implicitly a hollow man chasing power), complaining about Australian of the Year recipients hectoring and lecturing people with trendy ‘politically correct’ views, and sniping about gender issues (McGregor was cast as a hysterical queen undermining the sound republican Morrison).

Some conclusions

The most critical conclusion is probably that popular opinion moved strongly towards the monarchy between Australia Day 2015 and 2016, and even more emphatically after Australia Day 2016. Views hadn’t really changed much since 1999, but the public battle over Prince Philip’s Australian knighthood had a polarizing effect with the letter-writing public noticeably cleaving to the monarchist position.

The political class (in which I include the mainstream media) has moved decisively over the past twelve months towards a republic, while popular views have moved just as decisively towards the monarchy, suggesting a strong disconnection between the political class and the public. Some of this polarizing may come from a revival of the old, remembered divisions leading up to the 1999 referendum that people either do not want, or want to delay, re-visiting.   Such a conclusion is consistent with the trend in polling on the issue. Even the self-selecting Sydney Morning Herald readers’ panel, which on 30 January 2015 voted 72% for a republic and 20% against, had evolved by 30 January 2016 to 59% for a republic referendum now, 22% for waiting until the Queen dies to hold a referendum (who may vote Yes or No) and 14% supporting monarchy.

In both cases, these battles originated in the Prime Ministers’ Office. The knighthood was a personal decision of PM Abbott. The Australian of the Year Award was a decision of a body located in the Prime Ministers’ Office of PM Turnbull. In neither instance was the decision made within the traditional honours system, located within the Governor General’s household, of which the Order of Australia is the best-known component. The cumulative effect of the two battles has probably undermined public respect for the honours system generally through a perception of a blatant politicization of honours processes and outcomes. It is a clear illustration of why all honours must be kept separate from partisan politics.

In terms of the tone of the media coverage, the republican-aligned press was clearly surprised by the reaction in 2016. It did not recognize any near-identical flip side of 2015 reactions. The derisory responses to Prince Philip’s knighthood appear to have set the rules and tone for the counter-response to Morrison’s Australian of the Year Award. For example, in 2015 a Fairfax write described Prince Philip as “Phil the Greek … the most mocked and least useful member of the royal family who is not currently accused of sex orgies with teenagers”. In 2016, a Murdoch writer described Morrison as having a “…fierce, almost jihadist fanaticism in his eyes, the tightened facial muscles, what might be taken to be self-righteous vindictiveness lurking in his delivery”. Similarly, Abbott was mocked as a Quixote-like medieval knight, and Turnbull was derided as a Benedict Arnold-like traitor. Prince Phillip and Morrison, Abbott and Turnbull have had their defenders among the letter writers, many of who seemed repulsed by such insights into the vulgarity of political class thinking. The characterizations are demeaning and their purpose remains obscure (to outsiders, at least), but 2015 seems to have set a template for 2016.

The attacks on Credlin in 2015 and McGregor in 2016 point to a propensity to attribute the cause for perceived ‘failures’ by men in this matter (Abbott, Prince Phillip, Turnbull, Morrison) to cunning, sexually threatening women. This points to the primal emotions involved in issues around monarchy, identity and honour, emotions that go way beyond any black-letter legalism.

The ‘surprise factor’ is evident in both years. Making surprise announcements, especially on an “it’s done, get over it” basis, concerning identities, monarchy, honours and symbols will produce very negative reactions. This indicates the level of deep emotion involved, and the need for proposals for change to be preceded by long lead times with lots of public foregrounding and open discussion. Such changes cannot be airily cast as ‘simple’ constitutional matters. The surprise story of the premier’s ‘declaration’, released on the morning of Australia Day-eve, probably antagonized the monarchists and primed them for outrage that evening. It had vanished from the media coverage by the 27th (possibly to the quite relief of some first ministers), replaced by accusations of Turnbull’s betrayal of the cause, suggesting the declaration had a contrary effect to that intended.

Aboriginal leader Noel Pearson, speaking to the National Press Club, reportedly separated Aboriginal constitutional recognition from republican issues, for which he was attacked as an apologist for Abbott. But there is no necessary connection, in the letter writers, between supporting monarchism and opposition to equal marriage, gender equality, Aboriginal recognition, flag changes or honours (despite some cranky Colonel Blimp letters). One Murdoch opinion writer referred to ‘jingo bandana republicanism’, a label illustrated by the response to McGregor’s critique of Morrison’s appointment: she was attacked by Fairfax republicans and Murdoch conservatives alike as the political class closed ranks around what this analysis suggests is regarded as ‘its’ cause. As FitzSimons said, “Morrison is one of ours”.

Opinion pieces on the last day of the survey were consistent in each media house: Fairfax writers defended the Australian of the Year awards, saying they should not be debased, and blamed ‘nostalgic’ monarchist reactionaries for the conflict; Murdoch writers all professed their true republicanism, but said the time is not yet right to pursue republicanism, it must wait for a while, and blamed FitzSimons for blokey impatience. The Sydney Morning Herald editorialized “The Herald knows the selection board will look closely at the 2016 process…” with all the confidence of an insider.

One final thought around the labeling of republican and monarchist among the media writers. It’s a labeling that harks back to the 1990s and its divisiveness. All the Murdoch writers professed their republicanism, all the Fairfax writers stuck to their stated editorial policy of republicanism. The only professed monarchists were among the letter writers. This whole analysis could be based upon a false binary of republican v. monarchist, when really the battles have been between republican factions (minimalists, direct electionists, jingo bandanistas) seeking to appropriate Australia Day to their cause. But, that’s an issue for another post.

So, who won the battle in 2016?

It could be said, in the annual Australia Day Wars, that the 2015 Battle of Philip was won by the red bandanas, the 2016 Battle of Morrison was won by the gold crowns. The battlefields have both been within the honours system, displaying an iconoclastic disregard for its integrity. The question now is on what grounds will the 2017 be battle fought, who will ‘win’, how will it be reported, who will report it, and will the Australian honours system be further demeaned by crude politicization?

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Paris will never sink

The Great Arms of the City of Paris have told many stories since 1358, but perhaps most importantly of all, a story of continuity over 650 years of troubles and dramatic changes.

The motto of the city, Fluctuat nec mergitur, is usually translated into English as ‘She is tossed by the waves, but does not sink’, or in French ‘Est battu par les flots mais jamais ne sombre’.  Its a story of resilience, and a perfect reminder that however gloomy and scary the times may seem now, a great city always rises again.

See and reflect upon the Arms of one of the world’s great cities.  We are all in that boat.  Paris will never sink.

Paris Coat of Arms