Freedom Of Speech Means Freedom To Boycott

There’s a saying you hear often in libertarian circles – a government big enough to give you everything you want is a government big enough to take everything away.

Consumer and environmental activists ought to start thinking about this too.

On Monday, the new federal parliamentary secretary for agriculture Richard Colbeck told The Australian that the government might ban consumer and environmental activists from launching secondary boycotts.

For example, in 2011 GetUp tried to organise a boycott of companies that were members of the Australian Food and Grocery Council because the council had said Julia Gillard’s carbon tax would increase manufacturing costs.

The issue will be considered in the long-promised review of one of the most complex and problematic pieces of Commonwealth legislation – the Competition and Consumer Act 2010.

The Competition and Consumer Act is a 1,500-page behemoth of regulatory complexity. It empowers Australia’s most imperial regulatory agency, the Australian Competition and Consumer Commission.

First introduced as the Trade Practices Act in 1974, the act has been continuously expanded at the behest of consumer activists in and outside government.

Now it seems this labyrinth act is to be turned against those very same consumer activists. And once again the Australian Government is threatening to drown free political debate in a sea of litigation and prosecution.

The Competition and Consumer Act currently exempts consumer and environment activists from its general ban on secondary boycotts. Colbeck wants to remove that exemption. The ACCC would then be able to take bodies like GetUp to court to stop their campaigns.

There’s a technicality in here: we’re talking about secondary boycotts, not primary boycotts.

A primary boycott is targeted directly at a company which has done something offensive. Don’t like how a biscuit manufacturer operates, so you and your friends stop buying their biscuits? That’s a primary boycott.

By contrast, a secondary boycott targets the biscuit company’s suppliers and consumers. The aim is to punish the offending company by punishing those who the company relies upon.

The classic secondary boycott is the sympathy strike – where unions in other companies down tools in solidarity with aggrieved comrades. Sympathy strikes were endemic in the old heavily-regulated Australian labour market. Both major parties now largely agree that sympathy strikes ought not to be considered legally protected industrial relations action.

People get very agitated by secondary boycotts. You can understand why. They’re indirect. They’re often pretty unfair – secondary boycotts, particularly in the age of social media, can be poorly thought-through, arbitrary, and capricious.

If you’ve spent more than a few minutes on Twitter, then you’ve seen the madness of crowds.

But, as uncontrollable and impulsive as consumer campaigns can be, it would be entirely illiberal to try to suppress them by force of law.

Consumer boycotts – primary or secondary – are a completely legitimate way to express political views. Free markets aren’t just a tool to bring about efficient exchange. They are a dynamic ecosystem of individual preferences about what we want to buy and from whom.

And sometimes those preferences involve ethical judgments about corporate values.

Companies know this. They know values sell. That’s why we’re subjected to flashy social responsibility marketing campaigns. That’s why fair trade coffee exists. That’s why British Petroleum is now “Beyond Petroleum” and its logo is a pretty green sun.

It’s only fair that consumers are lawfully allowed to respond in kind. If that means unwelcome pressure on companies, well, such is capitalism. Consumer preferences can be tough to navigate. Messy as it is, political outrage is part of the push and pull of a free and open society.

I suggested above that consumer activists may have bought this partially on themselves. To stop the Competition and Consumer Act from being absurd on its face, its drafters carved out exemptions for ‘nice’ activists. But doing so leaves the law vulnerable to the charge, made by the Tasmanian Liberal MP Eric Hutchinson here, that there isn’t a level playing field between companies and their activist opponents.

Once we have accepted that the regulatory state ought to control and supervise everything we do in the market, it’s no great leap for that state to control our political expression.

The Coalition’s boycott proposal demonstrates again that the distinction between economic freedom and free speech is not always great. Sometimes the way we spend our money is literally a form of speech. (I’ve argued this before. Take, for instance, the ban on David Hicks profiting from his memoir, or the O’Farrell government’s crackdown on political donations.)

The Abbott Government says it wants to restore freedom of speech in Australia. It has promised to partially repeal Section 18C of the Racial Discrimination Act. This would be a good thing.

But if, at the same time, the new government imposes new restraints on how private civil society organisations can express their views, it will have done nothing to bring the cause of free speech forward.

Teaching The Public Service To Obey Its New Masters

Earlier this year, Tony Abbott promised there would be no “night of the long knives” if he won the election.

Back in 1996, John Howard dumped six departmental heads – one third of the total – immediately on taking his position as prime minister. It was the biggest overhaul of the public service since federation.

Howard’s one fell swoop is now legend. With this act, he took absolute political control of the public service immediately – a public service that had worked for Labor for 13 years.

But his critics claimed the night of the long knives was destabilising. Subsequent opposition leaders have rejected doing anything of the sort. Mark Latham promised no public service upheaval on the eve of the 2004 election. In 2007, Kevin Rudd left things as they were.

Abbott’s promise no doubt was to reinforce that there would be nothing controversial about returning the Coalition to government. Yet the new Prime Minister may end up regretting this promise more than any others.

Like it or not, the Westminster tradition – of a frank and fearless public service dispensing objective and politically neutral advice while unflinchingly obeying the elected government – has always been a self-serving fiction.

The tradition dates back to the British Northcote-Trevelyan Report in 1854. Essentially, the idea is that public servants serve at the pleasure of the monarch, not the elected government. Yet, at the same time, they are supposed to be nothing more than servants of their ministers.

No surprise then that there have been constant complaints throughout Australian history that the public service has pushed its own agenda.

The new government will be deluding itself if it thinks it can just seamlessly slot itself straight into the bureaucratic institutions of the previous government.

John Howard knew this better than any other new prime minister. Howard had been treasurer in Malcolm Fraser’s government two decades before he formed his own government.

Treasury has always been the most powerful department of state. And Treasury has always been the most capable of wielding independent influence over politicians.

The new Treasurer Joe Hockey has been waging a Cold War against his now-department for the last year or so. He is even going to bring in external auditors to scrutinise the methodology behind Treasury forecasts.

But once the political heat dies down, and the government gets on with the tedious job of governing, Hockey is going to come face to face with the “Treasury view”.

The Treasury view is the institutional economic philosophy that governs Treasury advice. For the first half of the twentieth century, the Treasury view consisted of unflinching support for balanced budgets and low inflation.

After World War II, Treasury was converted to Keynesianism, and the goal of preventing inflation was pushed aside for greater public spending.

The disastrous stagflation that resulted in the 1970s saw Treasury move towards free market economics, with an emphasis on privatisation and market reform. In the 1980s and 1990s, academics were complaining that the public service had been captured by “economic rationalists”.

But there were changes still to come. In their book Shitstorm, Lenore Taylor and David Uren recount how at the end of the Howard years, senior Treasury figures secretly brainstormed a change in how the Australian government should deal with economic downturns. Rather than relying on monetary policy to keep the economy above water, it would immediately enact massive Keynesian stimulus.

When Labor took over in 2007 just before the Global Financial Crisis, this policy revolution had its moment to shine. Treasury’s revived interest in Keynesian activism lined up with the interventionist instincts of Kevin Rudd and Wayne Swan.

Yet the interests of the bureaucracy and the interests of their political masters don’t always line up so neatly.

David Kemp tells a dramatic story about Treasury’s opposition to the decision to devalue the Australian dollar by 17.5 per cent in 1976.

Malcolm Fraser requested Treasury write an economic statement in support of devaluation that he could read in Parliament. Yet the department sent back, churlishly, a bare, useless paragraph. As Kemp says, this was extraordinary. When asked to defend a policy it did not support, Treasury essentially went on strike.

So much for the Westminster ideal.

Still, such a public service strike could not happen today. One reason is introduction of New Public Management – the reorganisation of the public service since the 1980s to make it more efficient, more corporate, and more responsive to its political masters.

Another reason is Howard’s dramatic demonstration of political control in 1996.

The last reason is the rise of ministerial advisors. This dates back from the Whitlam years. Gough Whitlam wanted to avoid being controlled by conservative public sector mandarins, so he brought in his own people as an alternative source of advice.

Political advisors will be particularly important for the Coalition because new ministers – especially those without any previous experience – are vulnerable to capture by their departments.

Neil Brown’s book On the Other Hand ought to be compulsory reading for new Coalition ministers. Brown joined Malcolm Fraser’s ministry at the tail end of the government, and in his book he amusingly documents the experience of being a ministerial trainee up against the permanent, experienced public service.

Brown says the public service divides ministers into good and bad categories. The good ones act on behalf of their department, approve their proposals, and fight for their department to get more money at budget time.

The bad ones are those who believe they are there to control their department, to scrutinise and sometimes reject its policy recommendations, and to do their own reading and thinking.

As Brown wrote, “If a minister is regarded by the public service as bad, he might just be coming close to being what ministers should be.”

Tony Abbott will probably not renovate the upper stories of the public service as his mentor John Howard did. But the first few months of a new government are critical.

If ministers like Joe Hockey don’t push back against the institutional orthodoxies of the public service early on, they may find themselves unable to do so when it counts.

Foreign Investment Is Always A Two-Faced Policy

Julia Gillard was right to say in the Guardian over the weekend that Kevin Rudd’s last-minute criticism of foreign investment during the election was “bizarre” and cheaply populist.

But glass houses, meet stones. Remember Gillard’s attack on the 457 visa scheme? It was announced on her Western Sydney safari as a way to put “Aussie workers first”. It was exactly the same cheap, populist economic nationalism she accuses Kevin Rudd of indulging.

Kevin Rudd’s foreign investment stance was a policy burp expelled in the middle of the Rooty Hill debate.

It stunk. It didn’t fit very well with the wonky image that he had crafted over such a long period. Kevin Rudd is supposed to be cosmopolitan, serious, worldly. Not reactionary, populist, and parochial.

The politics of foreign investment in Australia has been rife with this sort of incongruity.

Australia has always been utterly dependent foreign capital to finance its development.

We’re small, open, and desperate for other people’s money. We have more economic opportunities than capital to service them.

Luckily other countries have been eager to oblige.

But that luck usually goes unnoticed in the foreign investment debate. The developing world would kill to have as much money knocking at its door as Australia does. Poor countries obsess over how to attract foreign investment.

In the first half of the 20th century opposition to foreign investment within was a minority view held mostly by Labor’s far-left base. They were convinced that British financiers controlled the economy.

It was a fringe obsession. Then in the mid-1960s, Arthur Calwell fatefully decided he could make political capital out of opposing foreign capital.

Robert Menzies and his treasurer Harold Holt did all they could to attract British and American money.

But Calwell had let the cat out of the bag. On both sides of politics, the young blood that took over at the end of the 1960s reversed the foreign investment consensus.

In his important 2000 thesis, Christopher Pokarier points out there was a subtle terminological change in government documents around this time. What had been described benignly as “overseas investment” became the faintly more sinister “foreign investment”. (Pokarier’s thesis is available here.)

John Gorton was an economic nationalist. Gorton’s Coalition successor William McMahon introduced the first economy-wide foreign investment restrictions.

Labor’s myth-making industry has cast Gough Whitlam as a cosmopolitan reformer open to the world.

But the central plank of his economic policy was opposition to foreign investment.

Where Labor supporters of the 1930s were angry about British financiers, Whitlam’s intellectual backers were angry about American multinationals. The story was the same – foreign money meant foreign influence – but Whitlam’s supporters told it with a more scholarly and respectable veneer.

Whitlam ditched the outright xenophobia of his forebears and replaced it with the paranoid “it’s time to start buying Australia back”.

His government imposed the political control over foreign investment that we still have today.

When it returned to power in 1983, Labor did a partial reversal, jettisoning economic nationalism for market reform. The big dramatic gesture was Paul Keating’s 1984 decision to allow in foreign banks – those very same foreign banks Labor had railed so long and hard against.

The awkward contortions of today’s Labor on foreign investment represents a clash between Gough Whitlam’s economic nationalism – passionately held by the ALP for decades – and the shock modernisation of the Keating era.

The thing about market reform is that it leaves little room for politicians with bold nationalistic vision. Nobody is going to win an election calling for more foreign ownership of Australian assets. The Keating legacy is uncomfortable. Labor has not removed Whitlam’s foreign investment controls. Nor has the Coalition.

Barnaby Joyce made headlines last week when he condemned an Indonesian government plan to invest in cattle farms in Australia. As of today, Joyce is now federal Agriculture Minister.

He joins a long National/Country Party tradition of internal Coalition dissent on foreign investment dating back to John McEwen.

But like McEwen before him, Joyce is also a developmentalist – he wants state action to help build up rural areas. As Christopher Pokarier points out, Australian development needs foreign capital. You can’t have one without the other.

The Liberal Party is trying to play both sides of the fence too.

Under Tony Abbott’s new cabinet arrangements, the traditionally National Party-held Trade portfolio is now a Trade and Investment portfolio, and its minister is Andrew Robb, easily one of the most free market Liberals. At his press conference announcement yesterday Tony Abbott made much of the Coalition’s support for foreign investment.

But that support had some caveats – “It’s got to be the right foreign investment, it’s got to be foreign investment which is in our national interest”.

The Coalition comes to office promising a crackdown on foreign investment, not a liberalisation. The government intends to dramatically lower the review threshold for foreign purchases of farmland and to institute a register of foreign farm ownership.

Pro-investment rhetoric is no compensation for anti-investment reform.

The two-faced policy approach we’ve had since Arthur Calwell won’t be gone any time soon.

‘On Track’ For A Surplus? Not Good Enough

Tony Abbott promised the Liberal Party faithful last week that “By the end of a Coalition government’s first term, the budget will be on track to a believable surplus.”

Got that? Not in surplus. On track to surplus.

Given the Coalition’s near-certain victory, Abbott’s surplus expectations management may be the most significant promise of the whole campaign.

Significant not just for this government or the next, but for Australian governments far into the future.

First, the obvious. This is quite a backtrack. As recently as January, Joe Hockey was promising a budget surplus in the first year of government. By April, the promise had been downgraded into a surplus in the first term.

Here’s the new promise: “Within a decade, the budget surplus will be 1 per cent of GDP.” The Coalition is only willing to guarantee a budget surplus by 2023.

Abbott fudged it a few days later by saying “the Government is proposing to bring us back to surplus in 2016/17 and we will do at least as well as the Government”. But there’s a catch. Abbott doesn’t think the government is able to achieve a surplus in 2016-17.

OK, sometimes public finances change. Tax receipts are unpredictable. (Just ask Treasury.) And promises are easy to regret. (Just ask Julia Gillard.)

But the upshot of the revised promise is the Commonwealth budget will have been in deficit for 15 years – more than half of that time under a Coalition government.

This would be the longest stretch of deficits in Australian history. It would be twice the previous record of seven years, incurred after the Recession We Had To Have.

In their classic 1977 book, Democracy in Deficit: the Political Legacy of Lord Keynes, the Nobel laureate James Buchanan and his co-author Richard Wagner argued that democracy systemically favours deficits.

Politicians want to be loved. And voters love services and infrastructure and big bold plans for the future.

But all these things are costly. Politicians have just three unpleasant ways to increase expenditure. They can increase taxes, they can print more money, or they can borrow.

The first is unpopular. The second increases inflation, also unpopular, and hard to do now our central bank is independent. That leaves borrowing.

The great advantage of borrowing is that by the time debt has to be repaid, the government will have changed. The year 2023 would be the Coalition’s fourth consecutive term of government. Even if the Coalition holds power, odds are Prime Minister Abbott and Treasurer Hockey will be on the book tour circuit by then.

Of course, temporary deficits are natural. In any economic downturn, the government’s budget will go into the red. On one side, taxation revenues fall. On the other side, calls on the public dollar increase as workers drop onto unemployment rolls. It would take hasty, herculean cuts to avoid a deficit in those circumstances.

The Keynesian revolution convinced politicians that they should use the government’s budget as a tool to manage the broader economy; that they ought to spend their way out of a recession by propping up aggregate demand.

Hence Kevin Rudd’s stimulus packages of 2008 and 2009.

The adoption of Keynes’ doctrine, Buchanan and Wagner argue, blew a hole through the classical belief that deficits are something to be ashamed of, and ought to be avoided.

To be fair, John Maynard Keynes himself believed that deficits, once incurred, must be quickly repaid. Preparing the British government’s 1944 policy on full employment, Keynes wrote that “the ordinary budget should be balanced at all times”.

Yet enticed by Keynes’ spending recommendations, the norm that budgets need to be quickly returned to balance was thrown away.

In a way, we should be thankful the Coalition made such a song and dance about the deficit over the last few years. Budgets are only balanced when there is political pressure for them to do so.

That’s what makes Tony Abbott’s backtrack so concerning.

Demoralised and in opposition, Labor will hardly be able to criticise the Coalition for the deficit. And economics commentators have spent the last few years trying to convince us that debt is nothing to worry about. The surplus pressure will be off.

If the global economy stays slow for the next few years, as most indicators suggest it will, Joe Hockey won’t be able to rely on growth alone to rebalance the budget.

And if the global economy takes a turn for the worse, a Coalition government is just as likely to try to spend its way out. It’s often forgotten that the Coalition supported the first tranche of Kevin Rudd’s stimulus package. It still supports Keynesian countercyclical spending.

If deficits are not flushed out early, they fester. When George W Bush dropped his government into deficit with tax cuts in 2001, his defenders said it was a temporary measure to simulate the economy. The US would be back into the black once the crisis was over.

Twelve years later and there’s still no light at the end of the tunnel for the United States.

If the Coalition doesn’t return to surplus soon, these may be the economic consequences of Mr Abbott.

A Nanny State On IR Policy Is The Liberal Choice

In politics, sometimes it’s best not to go into detail. This is the lesson Eric Abetz learned after he explained part of the Coalition’s industrial relations policy last Thursday.

Abetz told the Australian that, under an Abbott government, the Fair Work Commission would not approve workplace agreements that raised real wages unless there had been “appropriate discussion and consideration of productivity” (paywall).

Why? So “lazy companies don’t just give wage increases because it’s the easiest thing to do.”

It is one of the founding assumptions of Australia’s system of industrial relations that workers are unable to negotiate with bosses in their own best interest.

Around this paternalistic assumption we have built a superstructure of industrial relations law, tribunals, and controlled wages unique in the developed world.

Now the Coalition seems to think some bosses are just as incapable of looking after their interests. And that a government regulator knows how to run a business better than the business itself.

If true, one wonders how the labour market functions at all.

The Coalition’s policy is patronising, illiberal, and fundamentally anti-market.

Now we know the true legacy of WorkChoices.

The fight over WorkChoices represents the moment the Coalition turned its mind from liberalising industrial relations to regulating it.

More on that in a moment. On Friday poor old Senator Abetz was accused by his colleagues of “freelancing” – that is, speaking only for himself – and advised to avoid interviews for the next few weeks.

But the Coalition’ official workplace policy document does, in fact, say “before an enterprise agreement is approved, the Fair Work Commission will have to be satisfied that the parties have at least discussed productivity as part of their negotiation process.”

If anything, Abetz softened the policy, suggesting Fair Work will only second-guess agreements if they give pay increases above inflation.

That’s how sensitive the Coalition is to the WorkChoices tag – even talking about its own policy is off-message.

Industrial relations has a special place in the Australian political compact. It is Labor’s raison d’etre; the world’s oldest party was born as the political wing of the union movement. Obviously they have a deep interest in wages policy.

In the Liberal Party there have always been free traders and protectionists, conservatives and liberals, fans of both big government and small. But one thing has bound the party together since conception – an antipathy to union power and prominence.

So Labor supporters recount our political history as a contest between employees (labour) and employers (capital). For Liberal supporters our history is a contest between sectional interests (union thugs) and the mainstream (Forgotten People).

Yet eight decades of the Australian Settlement concealed a few subtleties in the Liberal view.

For all that time, being opposed to union power and supporting greater market control over wage price setting was, effectively, synonymous.

When, during the Hawke, Keating, and Howard eras, labour law was slowly liberalised, this equivalence was superficially reinforced. As labour markets became freer, unions declined.

But then Kevin Rudd repealed WorkChoices. Rudd’s move was the first time since the reform era began that a liberalisation – in any sector of the economy – had been reversed. In 2007 Australia hit the market reform wall. This was very disorientating.

(I’ve described WorkChoices here as “liberalisation” because that’s what all sides of politics imagine John Howard’s policy was. In fact it was a complex regulatory takeover of workplace relations by the federal government. Still, perception is what matters.)

Now the Liberal Party has to figure out what its industrial relations priority is: to pursue a free market in labour, or to battle the unions.

Put another way, is Australia’s industrial relations dilemma that it is too highly regulated? Or is the dilemma that unions are too prominent?

After the 2007 defeat, there are many on the Liberal side who say the latter; many who imagine they are fighting a guerrilla war against the union movement. There are hints of this attitude in the Australian article. Abetz says the Coalition’s policy was developed “in response to unions ‘bragging’ that they had secured productivity-free pay increases.”

The Coalition’s solution to such hubris? Increase workplace regulation. If the government has to nanny lazy companies to reduce union power, then so be it.

Never mind that both sides of a mutually beneficial exchange should be “bragging” about the great deal they got.

It’s worth pointing out that unions would exist in a free society. They would have no privileged position in the law, and no coercive power, but, as Friedrich Hayek once wrote, everybody “ought to have the right to join a trade union.”

The dust from WorkChoices has settled. Now that Coalition is preparing to form government again, what does it really want for industrial relations? Labour market freedom, or just defeat of the union movement?

Behold The Dance Of The Travelling Salesmen

On Sunday Tony Abbott announced his government would provide $10 million to upgrade the Brookvale Oval in New South Wales.

As the Coalition’s press release puts it, “Brookvale Oval is the only ground between Sydney Harbour and Gosford that meets NRL standards.” Furthermore, “Only the Coalition can be trusted to deliver the Brookvale Oval upgrade and better sporting facilities for the Northern Beaches.”

Such is the high stakes of federal politics.

Every election carnival has its major attractions – the set-piece debates and the big announcements that consume half a week’s worth of media coverage. Think of Tony Abbott’s corporate tax cut. Or Kevin Rudd’s northern Australia policy.

But in between these major announcements, there’s a whole lot of filler. Stadium revamps. Road extensions. Oval upgrades.

We’ve grown so accustomed to the stream of spending promises that accompany elections, we rarely reflect on how absurd they are.

For these critical few weeks, when Australians decide who is best to lead, the election campaign subordinates the serious task of distributing public revenue to theatrical opportunism.

We hope for the clash of political visions. But we get rival groups of travelling salesmen, each trying to one-up the others’ offer.

The Brookvale Oval promise has received a bit more scrutiny because the ground is already getting its upgrade – Labor’s Anthony Albanese committed to it a few weeks ago. And the money was already allocated in the May budget.

Few of the usual handouts get that sort of attention.

Over the past two weeks, Abbott has announced he would, if elected, provide money for an Antarctic research centre, a Hobart Airport upgrade, a netball centre in Queensland, a sports centre in Penrith (also announced by Albanese earlier), and a recreation centre in Victoria.

Kevin Rudd would like to be elected so he can hand taxpayer cash to a discovery centre in Melbourne’s east, a sports complex in Launceston, a refurbishment of the Hobart Showground, a gymnastics centre in Mackay, and a natural gas research centre.

There’s clear no rhyme or reason to any of these promises. From the outside they seem completely arbitrary; a scatter plot of spending. They’re sometimes handed to marginal seats, but not always. Hopefully they have some internal logic.

But it’s hard to imagine a single vote being swung on whether the Brookvale Oval or Hobart Showground gets federal funding.

We should distinguish these promises from another group of similarly forgettable announcements meant to reinforce specific messages. Does anybody remember Abbott’s pledge in 2010 to set up an “Office of Due Diligence” in the prime ministers’ department, to vet new spending programs? Of course not. It wasn’t a serious policy suggestion: it was promised solely to remind voters that Labor was wasting taxpayers’ money.

The challenge for any opposition is to convert their core argument – the government is terrible – into deliverable policy. Much policy devised during an election campaign is like this.

Different again are the big, headline-grabbing infrastructure spends. Take Abbott’s promise to put $7 billion into the Bruce Highway in Queensland or $1.5 billion into the East West Link in Melbourne. At least these are subjected to some public debate, and even – occasionally – a cost-benefit analysis to demonstrate they are actually worth doing.

In 2008 the Labor government created an independent body, Infrastructure Australia, to scrutinise such spending. The idea was to avoid pork barrelling. A lovely thought. But the Coalition feels no need to abide by the body’s recommendations. And Labor ignores them when convenient. (The Parramatta to Epping Rail Link in Sydney, a last minute pledge of Julia Gillard in the 2010 election, was never favoured by Infrastructure Australia.)

Anyway, minor showground renovations are well below the threshold for Infrastructure Australia, which only looks at “projects of national significance”.

That is, it only looks at things the federal government should be doing.

If upgrading the only ground between Sydney Harbour and Gosford that meets NRL standards is a desirable use taxpayers’ money, perhaps it could be paid for by state or local governments, whose citizens will directly benefit.

But then federal politicians wouldn’t be able to claim credit.

The purpose of the pork barrel road show is impressionistic rather than specific. It is spending as white noise – designed to give a potential voters a feeling that a Labor or Coalition government will be generous with federal funding. Not generous anywhere particular, but everywhere.

Tony Abbott says he would like to be considered an “infrastructure prime minister”. He’s promising “cranes over cities” like so many storks around a watering hole.

The sociologist Thorstein Veblen coined the term “conspicuous consumption” to describe consumption that was valued for the impression it left on others, rather than the utility it bought the consumer.

So much of what passes for policy during an election campaign is conspicuous investment – not important for its own sake, but to demonstrate how freely money would flow under the next government.

After all, if Brookvale Oval gets its funding, who knows? Maybe your pet project could be next.

Scare Campaigns Aside, GST On Food Is A No-Brainer

Let us thank Kevin Rudd for reminding voters that “great big new tax” scare campaigns are a bipartisan affair.

The sole hook for Labor’s claim that the Coalition will increase the GST is Joe Hockey’s promise to conduct a review of Australia’s taxation system that would include the GST within its terms of reference. (Kevin Rudd’s Henry Tax Review specifically excluded the GST.)

From that, Rudd has concluded that the price of Vegemite will rise 50 cents under the Coalition.

Pretty deceitful, but such is politics. And let’s not be precious. Recall the often farcical tabling of electricity bills by the Coalition in the last parliament. When a politician wants to make an argument – right or wrong – they’ll stretch the truth to breaking point. Whatever works.

But the carbon tax has nothing on the GST. The GST is the great bogey-tax of our generation.

Thirty-eight years after it was first formally proposed in Australia, the GST still retains its power to spook the political class.

In 1972 William McMahon’s government commissioned the first full-scale review of the Australian taxation system since the Great Depression. The review, chaired by NSW Judge Kenneth Asprey, concluded that the key to a simple and efficient tax system was a broad-based tax applied uniformly to all goods and services.

By the time Asprey’s report was released, it was 1975 and the prime minister’s name was Gough Whitlam. The only tax reform Labor was interested in was that which might suppress Australia’s skyrocketing inflation.

Malcolm Fraser’s cabinet toyed occasionally with a goods and services tax, but ultimately left it alone. Paul Keating proposed a GST which was then scuttled by Bob Hawke. John Hewson put it officially back on the political agenda, but an opportunistic Keating tore it down again when he tore Hewson down. And John Howard had to denounce the GST before he could introduce it. By comparison, introducing the carbon tax was a cakewalk.

No surprise our politicians don’t want to revisit all that pain.

But any self-respecting tax review has to include the GST. And any review would conclude that broadening the GST’s base – that is, applying the GST to food – is a no-brainer. Excluding food increases the GST’s complexity and reduces its efficiency.

The argument that a GST on food would disproportionately hurt the poor is misconstrued. Yes, the smaller your income, the more you’re likely to spend on food as a proportion of your income. But the food exemption doesn’t just make food cheaper for the poor. It makes food cheaper for everyone. There are much more targeted better ways to help people on lower incomes – direct welfare payments, for instance, or varying the income tax schedule.

If you were a benevolent dictator designing a tax system from scratch, the GST would apply to all consumption goods and services. The ideal system might even set the GST higher than 10 per cent. There are a lot of inefficient, complex taxes that target production which could be replaced by a simple GST that targets consumption.

(This is important. Free marketeers tend to favour GST reform not because they love taxes but because the GST should replace more distortionary ways of raising government revenue. Any GST tax change ought to be revenue neutral. Hopefully the Coalition remembers this in government.)

Of course there is no benevolent dictator, and we wouldn’t want one.

Policy thought experiments like this are an economists’ fallacy. They assume the best policy can be modelled on a computer or detailed in a white paper and then imported holus-bolus into a nation’s legislative framework. The world doesn’t work like that. The elegant, uniform, and broad-based consumption tax envisaged by the Asprey review was shredded when it came into contact with the Australian Democrats.

One of the current furphies is the idea that Tony Abbott couldn’t change the GST even if he wanted to – it would need to be renegotiated with the states. This is wrong, at least on the face of it. The GST is a Commonwealth law, and a Commonwealth law can be changed by the Commonwealth parliament whenever it likes.

But there appears to be an evolving political norm that would compel the Commonwealth to negotiate to change the GST, even though it technically does not have to do so.

Such a constraint is a good thing. The GST is, after all, supposed to be the states’ tax.

And we know from experience that a tax unconstrained by norms or rules can become a monster.

One of the major taxes that the GST replaced – the wholesale sales tax – was introduced by James Scullin’s Labor government in 1930.

The wholesale sales tax was originally levied on a selected range of goods at a uniform rate of 2.5 per cent. But by 1940 the government had hiked the tax to more than 8 per cent, varied the selection of goods, and introduced multiple rates. The rate and the schedule changed repeatedly over subsequent decades. Scullin’s simple wholesale sales tax became a complex behemoth that the federal government couldn’t stop tinkering with.

The GST has so far avoided this fate in large part due to the trauma involved in implementing it.

Maybe we should also thank Kevin Rudd for ensuring the GST remains a toxic tax.

Not The Time To Convince Us Of Economic Prowess

What a terrible time to call an election.

Kevin Rudd went to the Governor-General just 48 hours after his government released the appalling Economic Statement on Friday.

The media cycle moves along quickly in an election, so let’s recap. Turns out, since the May Budget, this year’s deficit has leapt from $18 billion to $30 billion. And projected unemployment has gone from 5.75 per cent to 6.25 per cent.

Those are major revisions. May wasn’t very long ago. (You can read the Economic Statement for yourself here.)

Some of the budget shortfall will be bridged by new taxes. If the revised projections are accurate, unemployment will be higher than it was during the Global Financial Crisis, which peaked at 6.1 per cent in March 2009.

Rudd didn’t deliver the bad news himself. His Treasurer Chris Bowen and his Finance Minister Penny Wong were left to carry the can.

Every election is about the economy. Even the 2001 election – after both Tampa and September 11 – Howard spent the most time in his official policy speech talking about economic issues. (This wasn’t as strange as it seems in retrospect: recall a great worry around the world about the economic consequences of the terrorist attack.)

Rudd knows this. A focus on the economy is his master plan. He wants to make Tony Abbott look like an economic lightweight. He’d like to be known as the smartest, most serious person in the room. In his National Press Club address, he joked about wanting to show more graphs. He probably planned the jokes well in advance. Where Julia Gillard talked about moving forward, he talks about Chinese demand for resources.

So why did he leave the dire Economic Statement hanging? After all, it’s not the only bad news. Economic data released yesterday means there could be as many as two interest rate cuts during the election campaign.

I argued in the Drum last month that while Rudd enjoys talking about future challenges, he hasn’t come up with any policy solutions.

All we have heard from Rudd is a half-hearted imitation of some of the themes of 2007 – he wants Australia to be a country that makes things, and the car industry can look forward to a few hundred million more in subsidies.

It’s hard not to conclude that the Prime Minister’s economic seriousness is purely for show – it is a marketing pitch rather than a strategic plan.

Rudd is no cleanskin. It was his spending decisions in late 2008 and early 2009 that made the budget as grim as it is in 2013. Those decisions are why he is introducing an “efficiency dividend” on the public service. They are why he’s introducing a tax for the bank deposit guarantee – a guarantee he himself introduced.

With the surplus further out of reach, and the national economy looking more stagnant by the day, Rudd has started to rely on some of the old talking points of the previous leadership team.

We even heard that hackneyed Gillard catchphrase “cuts to the bone” in his election announcement speech on Sunday.

Easily the most inept regurgitated talking point is the boast is that Australia has a triple-A credit ratings from all three major credit agencies. We hear it all the time. The triple-A rating is presented as the definitive proof of the government’s economic prowess.

Of course, a triple-A rating is better than the opposite. But if you find the ratings agency argument compelling, well, I’ve got some subprime mortgages I’d like to sell you.

This legally protected trio of ratings agencies must take a big part of the responsibility for the Global Financial Crisis.

Happily for Australia, most of the academic evidence suggests the agencies are better at rating countries than they were at rating mortgage backed securities. Yet few industries have had their reputation as battered in the last few years as the ratings agencies. Labor couldn’t have found a less convincing talking point if they tried. No surprise it was originally Wayne Swan’s.

This is odd because in many ways Rudd wants to be less the anti-Gillard as the anti-Swan. The new prime minister is determined to level with voters about the economic challenges Australia faces, rather than rely on the sort of hands-over-the-ears optimism that characterised the former Treasurer’s tenure.

But the Prime Minister has spent so much time rushing from issue to issue – boats, Eddie Obeid, carbon tax – that he hasn’t put enough work into his basic economic credibility.

One National Press Club speech and a few graphs won’t do it. And an election campaign is not a great time to try to prove you can control the nation’s finances.

The Case for No

With Mikayla Novak

Make that three times. One of the happy casualties of Kevin Rudd’s decision to go to an election one week before Julia Gillard’s preferred date of September 14 is the referendum to recognise local government in the Australian Constitution. Local government recognition was defeated at a referendum in 1974. It was defeated again in 1988. Now it has been abandoned in 2013.

Let’s hope this is the last time this terrible idea gets up.

Anthony Albanese, the Commonwealth Minister for Local Government, was eager to point out that the change to the constitution proposed was only 17 words. The referendum to recognise local government would have amended Section 96 to read:

96 Financial assistance to States and local government bodies.

During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any State, or to any local government body formed by a law of a State, on such terms and conditions as the Parliament thinks fit.

Local governments and their peak lobbies said this was a minor, technical change. Albanese has described it as ‘modest’ and ‘sensible’. Julia Gillard said it simply ‘reflect[ed] modern reality’. The Lord Mayor of Sydney, Clover Moore said it ought to be ‘non-contentious’.

It was anything but. The change to Section 96 was one of the most significant, dangerous, and consequential constitutional amendments ever proposed. It would have completely unbalanced Australia’s system of government. It would have freed the Commonwealth from any spending constraint. It would have unleashed local government fiscal recklessness. And it would have eliminated the checks and balances embedded in a federal constitution.

The referendum may not be going ahead — thank goodness — but it was a brief window into one of the most deep-seated problems of Australia’s constitution, and a reminder of how the biggest power grabs are dressed up as minor housekeeping.

The uncertain place of local government

There is one small way the advocates of a local government referendum are right: councils are strange beasts: they’re half state government departments, half autonomous democratic governments in their own right.

The development of Australian local government by colonial governments was among the many institutional innovations enacted during the nineteenth century.

Town trusts were established throughout Western Australia in 1838 primarily for the management and funding of roads. This was followed shortly thereafter by the first elected municipal council in Australia, established in Adelaide in 1840, and similar bodies in Sydney and Melbourne two years later.

By the late nineteenth century local government bodies were widespread and, notwithstanding interstate variations, they were generally responsible for a myriad of functions and activities, such as roads, tramways and other public transport, water supply and sanitation, gas facilities and other local infrastructures.

In some jurisdictions, local governments during the colonial era were responsible for the provision of local schooling, care for orphans and the sick, cultural and recreation services including libraries and public gardens, and even the control of prostitution. Some of these functions have been maintained to this day, whilst others such as direct provision of infrastructure services have been allocated to the states or devolved to the private sector.

While the division of powers in a federated Australia were central to the discussions at the Constitutional Conventions of the 1890s, local governments were largely overlooked due to the understanding that local governments were, and remain to this day, the legal and administrative responsibility of individual states. There was little by way of direct financial relationships between the commonwealth and the states for most of the twentieth century, although tied roads grant funding to the states had an indirect effect on local road works, and councils had some involvement in the growing post war preoccupation with regional planning by commonwealth and state governments.

The size and scope of local government services significantly expanded during the 1970s, as the Whitlam government initiated a direct commonwealth local funding relationship which provided grants funding, bypassing the states, for programs including senior citizens’ centres, leisure facilities, urban transport and tourism.

The ratcheted federal funding to councils reflected Gough Whitlam’s own perception that ‘there are few aspects of our environment or our development, our culture or our welfare which can be adequately tackled without involving local government.’

And, he ought to have added, ‘without sidelining state governments’. Whitlam’s agenda was highly political: local government financial recognition was a vehicle for the traditional Labor Party hostility to the states. Canberra felt that the federal structure of government was a roadblock to its grand plans for bigger government and social reform.

Voters felt otherwise. When Whitlam put the question of local government recognition to a referendum in May 1974, the No case won. While the Fraser government abstained from some of the more interventionist aspects of Whitlam’s intrusion into local affairs, the general architecture of Whitlam era commonwealth funding arrangements to councils and shires remains to this day.

The constitution allows the Commonwealth to fund local government two separate ways. Section 51 gives the federal government power to make policy and spend money in thirty-two separate areas — such as the administration of the postal and telecommunications networks, immigration, banking, weights and measures. Section 51 was designed to neatly divide up the roles and responsibilities of government between the Commonwealth and the states. The Commonwealth can give whatever money it wants to whoever it likes if it is acting in one of the areas allocated to it by Section 51.

The other way is through Section 96, which allows the Commonwealth to pass money to local governments through state governments. Section 96 was added to the constitution at the last minute. It has no international precedent in other constitutions. And it has completely undermined the clean divisions of Section 51. Section 96 currently allows the federal government to pay state governments to do whatever the Commonwealth cannot, and allows them to impose tight terms and conditions on that funding.

This broad section is how the Commonwealth is now involved in education, health and housing. It is Section 96 that is to blame for the ‘blame game’ — the confusion of roles and responsibilities in Australian public policy.

In other words, Section 96 should be scrapped, not expanded. Adding local government to the mix would supercharge this terrible constitutional provision. The Commonwealth would be able to completely bypass the states. Unlike state governments, local governments have no stake in the division of roles in the constitution. They have no powers to protect. They’re also easier to bully: it would be much simpler for Canberra to manipulate and control 565 small councils than six well-funded states jealously protecting their sovereignty.

Local governments fantasise that Commonwealth money would be liberating. This is only half-true. Local governments would be financially empowered, but they would also be tools of Commonwealth policy.

There is a desperate hunger in Canberra for more control over every area of public policy. During his first term as prime minister, Kevin Rudd even said the Commonwealth should assume responsibility for urban planning — the quintessential local and state government role. Given the steady centralisation of power over the last hundred years, aided in no small part by Section 96, it is virtually a certainty that every local government policy will be eventually decided in Canberra, far from the local communities they effect. But the last thing we want is Commonwealth bureaucrats deciding local rubbish and recycling policies.

Unleashing local government recklessness

The current system has one distinct benefit: state supervision of local government has kept councils from soaking ratepayers.

Since the late 1970s the New South Wales state government has maintained a ‘rate pegging’ system, which sets the maximum percentage increase to general revenue, including municipal rates and some user charges, for councils.

Other states have also employed rate pegging in the past, such as Victoria and South Australia during the 1990s.

Several interrelated reasons have been put forward in support of pegging the growth rate in rates. These include the desire to constrain cost of living increases faced by rate paying households, and the prevention of fiscal
exploitation by local governments in setting rates which finance monopoly goods and services.

Efficiency arguments in favour of rate pegging could also be posed, in the sense that constraints on municipal rate increases may encourage councils to finance goods and services through user charges, ensuring that the costs of council outputs are more closely aligned with their underlying demands.

While NSW councils are permitted under rate pegging to formally seek rate increases above the statutory limit, the system has succeeded in constraining the growth in municipal rates revenue compared with most other states.

Since the introduction of the GST, municipal rates revenue in NSW have grown in nominal terms by an average of 4.3 per cent per annum, the lowest growth of all states and the NT and below the national average growth for rate revenue of 6.8 per cent per annum.

The NSW municipal rates regime also generally fares well against other states with regard to other indicators of tax burden. In 2011-12 councils and shires in NSW collected $473 in rates per head of population, the lowest of all jurisdictions except the Northern Territory. NSW rate collections, as a share of gross domestic product, stood at 0.8 per cent in the same year, which was higher than only Western Australia and the NT.

Local governments have long resented constraints imposed upon their abilities to raise additional revenue from municipal rates, with some councils arguing that it prevents them from meeting infrastructure requirements, and other additional service demands placed upon them, resulting from population growth.

Approval of the referendum proposal for financial recognition of local governments in the Australian Constitution would formally provide councils and shires with access to revenues forcibly acquired from federal taxpayers. Unprecedented access to the federal funding tap would diminish the effectiveness of state rate pegging initiatives, as the relative share of commonwealth grants in the total local government revenue mix inevitably increases over time.

Unleashing the Commonwealth

The local government referendum is one part of a much broader attempt by the Commonwealth government to free itself from constitutional checks and balances.

One obscure piece of legislation passed by the parliament last year was the Financial Framework Legislation Amendment (No.3) Bill. This bland sounding law was in fact a complete abrogation of the parliament’s duties to scrutinise government spending.

The bill purports to gives the Commonwealth power to spend on more than four hundred separate areas — everything from United Nations contributions to subsidising political party apparatus — without having to ask the parliament for permission ever again.

It’s no exaggeration to say that revolutions have been fought over the question of whether parliament can scrutinise the executive’s spending. But this Australian parliament — with complete, bipartisan support, mind you — has willingly and happily tossed away that responsibility.

The Australian Constitution serves as the enduring ‘rule book’ framing the nature and scope of collective action to be undertaken by the federal government. In doing this it aspires to provide people with a sufficient degree of certainty to go about their daily lives, without undue fear of arbitrary fiscal and regulatory exploitation by politicians and bureaucrats based in Canberra.

The Commonwealth government is also more distant from the locus of political decision making in local and regional areas, and is thus more prone to significant errors as demonstrated by numerous policy failures over the past few years.

It is for these reasons that proposals to shift the constitutional goalposts in favour of greater control and political prestige for Canberra have rightly been resisted in the past. But the Financial Framework Bill has already allowed the executive to bypass parliamentary scrutiny on its spending.

Local government recognition is no small matter. It would have completely, irreversibly, and destructively rewritten Australia’s constitutional settlement. Will we be asked to revisit it a fourth time? Unless the federal government stops wanting to accumulate power and unbalance the federation, almost definitely.

Politicians Are Powerless Over Australia’s Economy

Australia is a very small country with a very open economy. These facts are sometimes easy to forget.

No matter what they say during the upcoming election campaign, neither Kevin Rudd nor Tony Abbott will have much control over Australia’s economic fortunes in the next term of government.

Wrapping up his National Press Club address earlier this month, Kevin Rudd said Labor governments “manage transitions … sketch the future … harness the energy and ambition of our people” and “put the changes in place that best secures our future.”

Tony Abbott has used the same sort of hyperbole. A Coalition victory would immediately trigger prosperity.

Such boldness is par for the course at election time. But it is a confidence trick.

The fate of the Australian economy – the big ups and downs of the economic cycle – will be determined by global conditions, not domestic ones.

No-one knows this better than the workers at Holden and Ford, for whom global exchange rates are more important than any subsidy or tariff our elected representatives can devise.

This has always been so.

A sudden increase in the cost of bank lending in London caused our first true depression – the largely forgotten Depression of the 1840s. We suffered along with the rest of the British Empire.

Our better-remembered second depression occurred in the 1890s. What little modern Australians know of the Depression of the 1890s is perhaps the housing boom in Melbourne which preceded bank failures and unemployment.

But the Australian episode is only part of a story that encompasses the near collapse of the London-based Barings Bank, sovereign debt crises in Latin America and the Mediterranean, a gold panic in New York, and a mining market collapse in South Africa. Our trouble – as traumatic as it was – was just one crisis among many.

The Great Depression was even more clearly imported. No way were we going to avoid suffering from the stock market crash of October 1929 or the collapse of world trade.

Historically our good times correspond with good times in the global economy too.

We boomed in the 1950s and 1960s along with everyone else. We suffered stagflation in the 1970s along with everyone else.

And the recession we had to have?

Well, that recession had to be had by the United States, Canada, New Zealand, the United Kingdom, and Japan as well.

This all makes sense. Australia is tiny. Overseas there are cities with more people than our entire country. We’re almost entirely dependent on imports for consumption and exports for economic growth. And we need foreign capital for investment. A small country highly integrated into the global economy is going to be very sensitive to international crises.

Yet for each of these historical episodes there exists a cottage industry trying to explain the unique Australian factors that caused them. The 1840s Depression is blamed on problems in the Australian wool industry. The 1890s Depression is blamed on reckless Australian banks. The depth of the Great Depression in Australia is blamed on our obsession with balanced budgets.

It goes on. We’ve all heard Paul Keating blamed for the recession of the early 1990s and John Howard credited for the subsequent growth.

If there is growth or recession in the next term Abbott or Rudd will take the blame or credit. They probably won’t deserve either.

In the past I’ve mentioned research that suggests political success is more about dumb luck than virtue or competence. In truth Rudd or Abbott will win government then cross their fingers.

But political debate struggles with powerlessness. Voters like to assign blame and give credit for things that are actually outside any domestic politicians’ control.

Kevin Rudd rightly points out the global financial crisis dumped a bucket on Labor’s first term. The policy agenda of any party would have been drowned out by the global consequences of America’s subprime collapse.

But then he claims his decision to artificially stimulate the economy was responsible for Australia’s relative endurance.

Not, for instance, Chinese demand for West Australian minerals.

In other words, Rudd believes the disease was entirely foreign, but the cure was entirely domestic.

Yet even if you are a card-carrying Keynesian – that is, you believe the government can and should spend more to boost the economy in a downturn – it is just as plausible that China’s enormous stimulus package in 2008 is responsible for our prosperity, rather than Labor’s smattering of insulation and community projects.

Australia spent around $90 billion to stimulate its economy. Sounds like a lot? Well, China spent over half a trillion dollars. And nearly three quarters of that spending went towards the infrastructure whose raw materials we supply.

Our politicians pretend they can steer the economy like a ship. But we have a very small ship and it’s a very big ocean. During an election, it pays to remember our economic future is determined by the wind, not the sails.