Rita Panahi: Handing Dan Andrews further far-reaching powers is a dangerous move
The last thing we need is for Dan Andrews to have more power, but given the calibre of the crossbench that’s precisely what we’re likely to get.
Rita Panahi
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The last thing this state needs is for Dan Andrews to have more dictatorial powers.
Sadly, given the calibre of some of the quislings on the cross benches in the upper house, that’s precisely what he’s likely to have.
No sensible person could look at the catastrophe that has unfolded in Victoria over the past 18 months – the unprecedented societal and economic harm that comes with the world’s longest lockdown – and advocate sweeping new powers for the premier.
So draconian are elements of the Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021 before the Victorian parliament the Chinese Communist Party would be quietly envious.
Those who “intentionally and recklessly” breach health orders would face up to two years in jail plus fines of more than $90,000 for individuals and over $450,000 for corporations.
Let’s not forget some of the absurd public health orders we’ve seen in the past three months alone, including playground and skate park bans, bathroom bans in golf clubs and the outdoor mask mandate which will only be lifted on Friday.
Under the legislation the premier can declare a pandemic and enforce lockdown measures even if there isn’t an outbreak in the state. He could then extend the pandemic declaration in three-month increments for as long as he considers it necessary.
The legislation states “a pandemic order may apply to, differentiate between or vary in its application to persons or classes of person identified by one of the more of the following – their characteristics, attributes or circumstances”.
The government claims this dubious wording relates to implementation of vaccine passports but one does not need to be a legal scholar to see how else it could be used and misused.
President of the Victorian Bar, Christopher Blanden QC, has warned the bill will give the Andrews government “unlimited power to rule the state by decree, for effectively an indefinite period, and without effective judicial or parliamentary oversight”.
“That doesn’t add up to good democracy in my book,” he said. “It’s quite disgraceful really … if the Stasi had these powers, they would still be in force.”
Former Victorian academic and now DC-based faculty member of the Center for Global Health Science and Security, Alexandra Phelan, was similarly scathing.
“As a pandemic law expert, I’m telling you now: these laws will undermine public health and make Victorians less safe from future pandemics,” she wrote.
None of that is likely to stop the government’s three little helpers; the Reason Party’s Fiona Patten, the Greens’ Samantha Ratnam and the Animal Justice Party’s Andy Meddick voting with Labor.
Everything that has happened in this state, the draconian rules, the destructive lockdowns, the illiberal, illogical restrictions and the lack of transparency has been made possible thanks to these three MPs who have rubber-stamped Andrews’ legislative wishlist.
On Wednesday Patten said: “I’m still looking over the bill, but it is a vast improvement on the state of emergency. These laws would be the most transparent in Australia, with all health advice released. This is exactly what many have been asking for.”
Ratnam on Wednesday was promoting “eco-friendly period products in public schools” but on Tuesday she was doing her best to sell the new legislation on social media and facing an almighty backlash.
“These new laws mean that there will be no more state of emergency for Covid. Thank you @MartinFoleyMP for working with us for several months to make sure the new laws better protect disadvantaged Victorians and increase transparency and accountability,” she tweeted.
“These new, fairer laws show the importance of having people like the Greens in parliament, negotiating with the government to get better outcomes for our community.”
Ratnam emphasised there would be an “independent oversight committee” but forgot to mention they would have no veto powers and would only be able to review government decisions.
Where are the human rights lawyers and the civil libertarians? Covid has shown so many of these normally loud agitators to be useless cowards.
When their activism was needed most they were missing, or worse, cheering as people’s rights and liberties were trampled upon by authorities.
There are only two positive aspects to this bill: in replacing the current state of emergency framework, it moves dictatorial powers from unelected health bureaucrats to elected representatives such as the premier and health minister, and it will make health advice public.
Premier Andrews has demonstrated again and again he is unfit to lead this state and cannot be trusted with further far-reaching powers.
The shameful manner in which he has mismanaged the Covid-19 crisis, from his gaslighting about 4000 missing ICU beds to his selective amnesia during the Coate inquiry, shows his government needs maximum scrutiny, not the ability to rule by executive fiat.
Read related topics:Daniel Andrews