Tony Abbott and Dyson Heydon: twins born a generation apart?

THE circumstantial evidence is overwhelming — and a little bit creepy. Tony Abbott and Dyson Heydon could be twins born a generation apart.

THE circumstantial evidence is overwhelming — Tony Abbott and Dyson Heydon could be twins born a generation apart. But that alone might not be enough to force Mr Heydon to stand down as head of the trade union royal commission, a decision he must makeon Friday.

Labor and the ACTU want him gone, claiming he created the apprehension of bias by initially accepting an invitation to speak at a Liberal Party function.

Mr Heydon pulled out when it became clear it was also a fundraiser held while the royal commission was still running, and it would be difficult to condemn him for not attending a political event.

But there also is a union-based concern Mr Heydon is doing the bidding of Prime Minister Abbott, the man who used his “captain’s pick” to give him the royal commissionioner’s job.

Certainly a stack of evidence indicates the two are close despite their 14-year age difference, and have been for years.

Spot the difference ... Tony Abbott.

Dyson Heydon.

OVERSEAS BIRTH

Abbott London, 1957; Heydon Ottawa, 1943.

SPORTSMEN

Abbott Rugby union and boxing; Heydon cricket, including stint as 12th man in the Prime Minister’s Eleven, 1964.

LAW DEGREES

Abbott Sydney University (Law School dean Dyson Hayden), Oxford University

Heydon Sydney University, Oxford University.

RHODES SCHOLARS

Abbott 1980; Heydon 1964 (he was also on the panel which approved Abbott’s selection).

THE LIBERAL PARTY

Abbott advised party leader John Hewson, elected Liberal MP; Heydon’s father was private secretary to Robert Menzies in his first period as Prime Minister.

MONARCHISTS

Abbott headed Australians for a Constitutional Monarchy in the 1999 referendum campaign and Heydon provided legal advice.

ON THE RUDD GOVERNMENT

Abbott’s verdict: “The most incompetent government in Australian history”;

Heydon’s: It did “non-substantive things like make speeches and appoint committees and hold summits and so forth”.

THE ROYAL COMMISSION

Abbott creates inquiry into trades unions; Heydon accepts role as royal commissioner.

Of course, none of the above is evidence of bias in Mr Heydon’s work as an academic, or as a High Court judge, nor as a royal commissioner.

Prominent legal practitioners are not cultural and political eunuchs. They take part in community activities like other intelligent people and express views outside the courts in which they work.

The only important question is whether they allow their viewpoints to colour their administration of the law and any decision they make within a court or tribunal.

There is no concrete proposition Mr Heydon has applied a political bias to his work. He is widely regarded for the integrity that has marked his career.

His royal commission has angered trades unions, but that’s not the same as bias. And should he step down it is likely the inquiry itself would continue.

Removing Mr Heydon would not erase royal commission findings now or in

the future.

Opposition Leader Bill Shorten today foreshadowed a Heydon-less royal commission might roll on.

“If they find another royal commissioner, yes,” he told reporters. “My point though is Tony Abbott — and you know and I know and millions of Australians know — it is wrong for a royal commissioner investigating the political rivals to accept an invitation to a Liberal fundraiser.

“That is not what we expect for impartiality of judges and commissioners. No matter how distinguished and honourable, it was wrong to agree to attend Liberal party events when you stand in judgment of the Liberal party’s political rivals.”

The search could soon be on for a political eunuch.

Originally published as Tony Abbott and Dyson Heydon: twins born a generation apart?