Publication: The Australian
Authors: Ian McLachlan, Andrew Robb and Donald McGauchie
On May 30, 2011, Australians were horrified by images of brutality toward Australian cattle in an abattoir in Indonesia. As farmers ourselves, we were disgusted by these practices, and ashamed for our industry.
Following that incident, Australia redoubled efforts to increase accountability and transparency. Today we demand the same standards of live exporters and destination countries as we expect at home.
The disgust we all felt prompted then Labor government agriculture minister Joe Ludwig to respond, issuing a control order banning live Australian cattle exports to 12 specific abattoirs in Indonesia within 72 hours.
But that wasn’t the end of the issue. Five days later the minister issued a second order blanket-banning all live exports to Indonesia. The minister’s first order was an understandable and measured response. It included exceptions where exporters could demonstrate a “closed-loop” system that maintained Australian government standards from paddock to abattoir.
The second order was a disaster. It destroyed businesses, families and communities – including those who had done the work to build these closed-loop systems.
Apparently recognising the awful impact, exactly one month later Ludwig issued a third control order. This decision gave his department secretary discretion to grant licences to exporters that could maintain standards and demonstrate a closed loop.
The farming community did not know what affected the minister’s thinking over that month. We didn’t know what pressure he was under or what advice he was responding to. But when we saw the impact on our community, we supported court proceedings brought by leading Australian cattle farmers the Brett family.
Our intent was to have the courts examine whether the minister’s decisions were lawful, what level of exposure we might have in the future, and whether the damage to our community could be made good. Nine years later, on June 2, Justice Rares of the Federal Court ruled Ludwig’s second control order was illegal.
More than anything this judgment states publicly that it was not within the government’s power to damage our community in that way, under those circumstances. Just as most Australians were horrified by the inhumane treatment of our animals in May 2011, so too would most Australians understand the court’s decision in 2020.
The minister had, and ministers continue to have, every right to shut down trade that breaches Australian standards. We can never turn a blind eye to the treatment of our animals by those to whom we export. That is why the court made no suggestion that either the minister’s first order or his final order were beyond the government’s power.
Unfortunately, the finding by Justice Rares isn’t the end of the matter for our farming community. Sometime between now and July 27 we will know if the Coalition government will appeal the decision against the former Labor government’s actions. Again, we don’t know what advice the Attorney-General is receiving or who is offering that advice.
The government has suggested that damages awarded by Justice Rares will be paid – consistent with public statements by the Coalition at the time and since. The government also appears to be suggesting these damages will be paid even if the Attorney-General successfully appeals the court’s decision. It is an extraordinary position to take: acknowledging the minister committed a wrong that requires compensation, while simultaneously arguing the minister’s decision was entirely valid.
In opposition, members of the Coalition rightly castigated Ludwig for his actions. But the Coalition is now in government, and no government voluntarily gives up power.
At a time when our governments are battling enormous challenges on multiple fronts, it is understandable that not much attention is being given to this issue. But our community is paying attention – because we have no choice. If the court’s decision does not stand, we will continue to face exposure to imperious government intervention in export markets, without any protection for those who do the right thing. It would leave our ability to operate in doubt. While the compensation is important, it doesn’t come close to what Justice Rares provided in his public statement that under these very specific and limited circumstances, the minister’s power does not reach that far.
It can be difficult for those in power to admit when they are wrong. This is particularly true when those with power are hidden from the public. We don’t know what advice the Attorney-General is getting. But we assume it comes from similar sources as those who supported the original blanket ban. We know many Coalition MPs, and even some cabinet ministers, agree with Justice Rares’s finding that Ludwig’s actions were wrong. The Labor Party has acknowledged the court’s decision and is prepared to move on.
The Senate recently passed a motion – supported by Coalition MPs, including Trade Minister Simon Birmingham and three of his cabinet colleagues – urging the government not to appeal the court’s decision.
The Australian Farmers’ Fighting Fund was set up by the National Farmers Federation in 1985 to deal with rural matters of national importance, matters that could not be handled by individual players alone. This is just such a matter.
We have been told by many growers that they would see any further challenge to the Federal Court decision as an act of betrayal by the Coalition government.
The government should accept the court’s decision, so the Brett family, our industry and the wider farming community in Australia can finally move on.
Ian McLachlan, Andrew Robb and Donald McGauchie are foundation members of the Australian Farmers’ Fighting Fund.