Novak Djokovic has won a battle with the Australian government after a court quashed the decision to cancel his visa – but he may still yet lose the war.
No sooner had federal circuit judge Anthony Kelly revealed the home affairs minister had agreed to settle the case, than the Australian government’s counsel warned the immigration minister could still decide to use a personal power to cancel Djokovic’s visa anew.
That means that Alex Hawke, one of the closest political allies of prime minister Scott Morrison, now has a momentous political decision to make: let Djokovic stay and play for a record 21st grand slam singles title; or deport him, which comes with a hefty three-year ban from re-entering Australia.
The harsh border policies that have allowed Australian governments to detain asylum seekers indefinitely are now being directed at one unvaccinated man, who happens to be the world’s No 1 ranked male tennis player.
Djokovic obtained an exemption on the basis he had recently contracted Covid-19, which the judge noted had satisfied a qualified physician and an independent panel set up by the Victorian government.
But a delegate of the home affairs minister cancelled his visa on the basis the tennis star might pose a risk to public health. The government argues recently having Covid by itself does not justify an exemption, because Djokovic has recovered.
In a hearing on Monday the federal circuit court heard procedural complaints about that decision. After a lengthy afternoon adjournment the government agreed to roll over but warned the nuclear option is still on the table.
To exercise the personal power, Hawke will have to be satisfied: there is a ground to cancel the visa, in this case the alleged threat to public health; that Djokovic hasn’t dissuaded him of this; and that it is “in the public interest to cancel the visa”.
Immigration law professor Mary Crock told said the Migration Act gives the minister “god-like powers” to cancel visas and if “they really decide to … the power is there”.
Crock said only one ground needs to be made out to cancel a visa, natural justice rules do not apply to the decision, and the idea of “public interest” is a broad one that could fit the current scenario.
“Everything that has gone before can be disregarded – it is set up precisely for this situation, to come in and cancel a visa anyway.
“The politics behind this is enormous … If the visa is cancelled under this provision – you’re excluded for three years,” she said. “Australia would be at risk of losing the Australian Open. ”
Crock said such a cancellation is “not common” and would “definitely end up in court again” – this time to answer the substantive question of whether an unvaccinated person poses a risk.
Amid a surging wave of Omicron cases, the idea one unvaccinated person could pose a threat seems ludicrous – but the Migration Act is built to allow the government to deport first and ponder proportionality later.
The architecture Australian governments designed to deter unlawful arrivals and reverse lawful ones at the drop of a hat may now be directed at the man vying to become recognised as the greatest ever male tennis player.
The Morrison government has already tried once to crack this walnut with the proverbial sledgehammer, the only question now is whether they’re desperate enough to prove “rules are rules” by having another swing. – Guardian
Dad’s army musters in the Dáil to repel the Russian threat
Rear admiral Gerry Craughwell is all set to swash his buckle and take to the high seas in defence of Mother Ireland.
Who’s with him?
The Independent Senator is no stranger to military manoeuvres. He joined the British army when he was a nipper before returning home to his native Galway to join the Irish Army, serving with the first infantry battalion based in Renmore Barracks before handing in his sergeant’s stripes in 1980.
But you never forget your training. And now, says Gerry, it is time to take the fight to Vladimir Putin by dispatching a crack force from Leinster House to scare the living daylights out of the Russian fleet on its way to play war games next week off the coast of Cork.
He says members of the raiding squad should be drawn from the elite corps known as the Oireachtas Joint Committee on Foreign Affairs and Defence, nominally under the command of captain Charlie Flanagan but, presumably, led on this occasion by rear admiral Craughwell for operational purposes.
“In my view, the issue of the Russian fleet being off the southwest coast of this country in the next few weeks carrying out an exercise is something that we must monitor,” he told the Seanad on Thursday.
“We must send a Naval Service vessel to the southwest with members of the Joint Oireachtas Committee on Foreign Affairs and Defence observing what’s going on there.”
If the highly armed flotilla does not leave Ireland’s exclusive economic zone in the Atlantic, rear admiral Craughwell will detonate Simon Coveney and bore them all to kingdom come
Imagine the scene: the rear admiral in his cocked hat, standing on the prow of LE Kildare Street, chest puffed out and gold-buttoned arm aloft, waving his fist at Russia’s gunboats.
And behind him, standing strong and proud, the highly trained and fearless members of the joint committee eyeballing the terrified sailors who fear Craughwell’s elite force is concealing a terrifying secret weapon brought specially from Cork specially for this dangerous mission.
If the highly armed flotilla does not leave Ireland’s exclusive economic zone in the Atlantic, rear admiral Craughwell will detonate Simon Coveney and bore them all to Kingdom come.
This is serious.
The Naval Service must also provide search-and-rescue back-up for the fishermen who are “taking their lives into their hands by sailing their trawlers into a live firing exercise area”, the rear admiral also informed the Seanad.
“I’ve been involved in live firing events myself down through my career and I can tell you that when we start to fire live ammunition, there is no guarantee that there won’t be an accident.”
He said the Minister for Defence (secret weapon Simon Coveney) must be apprised immediately of the situation.
In the meantime, we understand members of the elite joint committee are training in the pond outside Government Buildings. They have been issued with inflatable armbands and camouflage galoshes and are ready to scramble at a moment’s notice.
Should things turn nasty corporal Bernard Durkan, fresh from his famous victory in the Battle of Lotto Balls, will command the troops in the ground offensive. Tactical genius Bernard, who was mentioned in Dáil dispatches on Thursday, will bring all his experience to the role.
Major Jim O’Callaghan of Fianna Fáil asked Coveney to look at the mandatory age of retirement for members of the Defence Forces as some of them leave “because they know they will have to retire between 56 and 60. At that age, many people are just getting into their prime.”
He then looked to his left.
“Deputy Durkan here beside me, could you imagine if there was a requirement in politics that people had to retire between 56 and 60? We’d lose some of the best wisdom we have in the house.”
Sergeant Kieran O’Donnell (FG) agreed. “Bernard still hasn’t reached his prime.”
“Obviously, I entirely agree with my colleague’s remarks,” replied the great campaigner.
Minister for Defence Coveney, clearly wrestling with the image of Bernard (76) in combat fatigues, bayonet fixed and going over the top, tried to address O’Callaghan’s point.
“On the image of deputy Durkan being in the Defence Forces . . . eh, eh, I, em, eh, eh, while absolutely, em, the retirement age issues are something, eh, that we have been considering and . . .”
He decided not to think about it.
RTÉ’s New Year’s Eve turkey
Kerry TD Brendan Griffin had some tough questions for RTÉ’s director general Dee Forbes and chairwoman Moya Doherty at this week’s meeting of the Committee on Tourism, Culture, Arts, Sport and Media.
Why hasn’t RTÉ brought back The Den and why was the New Year’s Eve show so awful this year?
He said the committee complained about last year’s effort and this year “we had an awful debacle of a New Year’s television celebration again. What has RTÉ got against New Year’s Eve?
The one great white hope we had was the return of The Den and for some reason that didn’t come back in 2021… It was one of the most positive developments in RTÉ
“Last year they got the tone wrong and this year they managed to get the time wrong. I mean, you’ve one job, that’s the 10-second countdown, and I’d say CNN were nearly welcoming in the New Year before RTÉ were this year, it was so far behind. Simple things like that really resonate with people.”
Turning to childrens’ programmes, he said: “The one great white hope we had in recent times was the return of The Den and for some reason that didn’t come back in 2021 . . . It was one of the most positive developments in RTÉ across the boards.”
What happened? “I think it was a huge mistake” not just for the children “but for the big kids amongst us who enjoyed it as well”.
Griffin said he was raising the matter because the number of parents who contacted him about The Den not returning “was not insignificant”.
As for New Year’s Eve next time out, “Could ye not just focus this year? You’ve got 11 months to work on it and just get it right for the arrival of 2023, please.”
Fianna Fáil Senator Malcolm Byrne suggested Griffin had so many scripted one-liners that maybe RTÉ might get him to present the show next year.
Paschal’s Ulysses odyssey
As it is, there are barely enough hours in the day to cram in all the eating, lounging, thinking, telly, tea, whingeing, scratching, scrolling and playing with the dog.
And here’s the Minister for Finance and president of the Eurogroup of finance ministers, hosting another literary event between running his department, writing reviews, going to football matches, chairing history symposiums, working through his library of music albums and adding to his extensive bobblehead superhero figurine collection.
Just where does Paschal Donohoe find the time?
You’d be inclined to hate him, if he wasn’t, well, so flippin’ Paschally.
This thought occurred on Monday night when he popped up at the virtual launch of yet another book about the book Ulysses, which is in the news because it was first published 100 years ago. The Minister was in conversation with Dan Mulhall, whose book Ulysses: A Reader’s Odyssey is hitting the shops just in time for the centenary next week.
Publisher New Island Books says it is “an essential introduction for all readers seeking to navigate Joyce’s notoriously impenetrable masterpiece”.
Dan also happens to be our Ambassador to the US, so it was a transatlantic Q&A, with the Minister in Dublin and the ambassador in Washington.
Paschal said his “great Covid project of 2021” was to read the book (which, naturally, he has).
“I have a copy of Ulysses which has been in my home for at least two decades and I only had, I guess, the courage to pick it up last year and to begin delving into the extraordinary world that is Ulysses and the extraordinary mind and art that Joyce had to offer.”
He wished he had had a copy of Dan Mulhall’s book to guide him through some of the more difficult passages, because he found the opening chapters “tricky enough. I really had to concentrate and persist at it, to build up a little bit of momentum until I met Leopold and Molly.”
The author’s pragmatic advice to people who get bogged down in some of the more puzzling parts is to simply skip on to the next bit and maybe return later.
“I’m approaching this and I’m talking to you here this evening as a very general reader, somebody who is at the very early stages of trying to understand all that Ulysses has to offer,” explained Paschal.
Mulhall was more than delighted to fill him in further, even managing to get in a reference to the last words of the book and their relevance to the Brexit situation today.
“Yes,” chirruped Paschal, because he’s read the book.
Music-head Paschal has had more than one Covid project on the go. In an interview last year he said he had set himself the goal of listening to all of Bob Dylan’s albums
“The last three words are ‘Trieste, Zurich and Paris’,”declared Dan, pointing to the significance of Joyce going to the trouble of writing down that his novel was written in three different European cities at a time of great conflict and change.
Even “the humble reader like myself” can discover the layers and depths in Joyce’s great work, said the president of the Eurogroup, quoting from a “lovely essay” by Anne Enright which he read in the New York Review of Books last year. “Ulysses invites meaning then throws it back at you, multiplied.”
And, as a Ulysses novice, he hailed the veteran diplomat’s book as “a compass to help us on the changing journey that each read offers”.
Mind you, music-head Paschal – a regular reviewer on these pages – has had more than one Covid project on the go. In an interview last year he said he had set himself the goal of listening to all of Bob Dylan’s albums. He must have achieved it because he is now moving on to The Beatles.
Where does he find the time?
A real beaut
Maybe Dan Mulhall’s next literary explainer might be a guide to interpreting and understanding the complex and sometimes baffling world of the parliamentary written reply.
Here’s one from this week in response to a question to the Minister for Finance by Fianna Fáil TD Cathal Crowe, who asked why the beauty industry is subject to a VAT rate of 13.5 per cent while the hairdressing sector pays a 9 per cent rate and if this anomaly can be rectified.
“The VAT rates applying in Ireland are subject to the requirements of EU VAT law with which Irish VAT law must comply. While hairdressing services apply the 9 per cent rate from 1 November 2020, services consisting of the care of the human body, including beauticians, are subject to the 13.5 per cent rate,” it stated.
“This arises from the fact that many of the goods and services to which Ireland applies a reduced rate of VAT, including services related to care of the human body, have their basis under an EU derogation that provides that as Ireland applied a reduced rate to these items on 1 January 1991, we are entitled to continue applying that reduced ate to those items. However, this is conditional on the rate being no less than 12 per cent. These are known as ‘parked’ items, and are provided for under Article 118 of the EU VAT directive. As the services provided by beauticians are part of these parked items, it is not possible for Ireland to apply the rate of 9 per cent to them.”
With this sort of stuff emanating from Paschal’s department, it’s no wonder he was able to finish Ulysses in under a year.
Rule number one of ‘Fight Club’ in China: The police always win | USA
The first rule of Fight Club in China is that the police always beat the criminals. The second rule is that buildings are not demolished. And the third is that if the ending is considered unsuitable, change it.
David Fincher’s 1999 cult film, which was shown just once in Chinese theaters during an edition of the Shanghai Film Festival, is now available on tech giant Tencent’s streaming services in China. But with a different outcome. Warning this article contains spoilers.
In the original, the narrator, played by Edward Norton, has just “killed” his imaginary alter ego, Tyler Durden, played by Brad Pitt, and watches the explosion of several nearby buildings with his girlfriend Maria, played by Helena Bonham-Carter. The anarchist revolution advocated by Durden is underway.
In Tencent’s version, on the other hand, there are no explosions and no scenes of Tyler and Maria holding hands as they watch the destruction. Instead, the screen turns black and writing appears, explaining that the police “arrested all the criminals, successfully preventing the bomb from exploding.” According to this alternative ending, Durden is sent to a psychiatric hospital, from which he is released in 2012. Screenshots of the new ending went viral last weekend in China, with comments mocking the changes. Although the film was shown just briefly in movie theaters, many fans have been able to watch pirated versions of the original over the past two decades, and considered the ending one of the film’s fortes.
“When a director comes to present his film in China, people will ask: director, why is your film so avant-garde that it completely dispenses with audiovisual language, ending it instead with just a poster and a story about respecting the law? Is it a satire on censorship in your country? And the director will answer: What? I filmed that?” wrote one user of Weibo, the Chinese version of Twitter. “Probably everyone in Ocean’s Eleven would also get arrested. And the whole Godfather family, too,” scoffed another. “But the ending was great! A bunch of foreigners in a terrible situation setting off terrorist bombs – a perfect scene to encourage [Chinese] nationalism,” joked another.
It is unclear whether it was Tencent or the film’s original producers who made the changes. On the Chinese movie review platform Douban, the original film is rated nine out of 10 and has 744,000 comments.
China currently has a flourishing movie market, one in which just over 30 foreign films are released on the big screen each year. In fact, it overtook the US market for the first time in 2020, due in part to a quicker recovery from the pandemic. And, according to research portal researchandmarkets.com, it is expected to gross $16.5 billion by 2026, annual growth of 30.1%, with respect to the $3.4 billion in 2020.
Within this market, Fight Club is not the only Hollywood movie to be changed. In 2019, scenes from Bohemian Rhapsody that alluded to Freddie Mercury’s homosexuality were carefully cut out in the Chinese version. While same-sex relationships are not illegal in the world’s second-largest economy, it is considered a sensitive issue and scenes portraying it are often, but not always, removed. Theoretically, they have been banned on television and also on streaming platforms since 2017.
Lord of War (2005) endured a similar fate to that of Fight Club. In its original version, the main character, an arms dealer played by Nicholas Cage, manages to escape prison and resume business. The film alludes to the fact that the five permanent members of the UN Security Council – the US, the United Kingdom, France, Russia and China – are the planet’s main arms dealers. But the version for the Chinese market, which is half an hour shorter than the international version, removes the original ending and replaces it with a text stating that the Cage “confessed to all the crimes of which he was officially accused during the trial, and was sentenced to life imprisonment.”
High Court orders man to repay €30,000 awarded over fall on slippery tiles
The High Court has ordered a man who fell on slippery tiles on the porch of his rented council home to pay back €30,000 he received in part compensation.
Mr Justice John Jordan also ordered solicitors who acted for Thomas Keegan (53) to repay €20,000 received in part payment of fees.
The judge made the order in relation to monies paid by Sligo County Council as a condition of being allowed to appeal a €105,000 award made by the High Court in 2017 to Mr Keegan over the accident at his home at McNeill Drive, Cranmore, Co Sligo.
Mr Keegan, who previously worked as a paver, had claimed the slippiness of the terracotta tiling originally installed in the porch, as well as the angle of the porch to face the prevailing wind and rain in Sligo, created a particular hazard.
In 2017, the court found the council was liable and there was no contributory negligence on Mr Keegan’s part.
However, the council was permitted to appeal on the basis of paying €50,000, including the monies to Mr Keegan’s solicitors on his behalf.
Failed to prove
The Court of Appeal (CoA) ordered a retrial and, earlier this month, Mr Justice Jordan found that the plaintiff had failed to prove the council was “in any way responsible” for the accident. He also found it “artificial” for Mr Keegan to suggest he was a visitor to his home, which he rented and occupied.
The case came back before Mr Justice Jordan on Friday for the matter of costs in relation to the second High Court hearing.
Peter Bland SC, for the council, argued his client was entitled to those costs but he had no objection to a stay in the event of another appeal to the CoA. He sought the repayment of the €30,000 for Mr Keegan and the €20,000 for his solicitors given the outcome had been overturned.
John Finlay SC, for Mr Keegan, said he could not oppose the costs order or an order for the return of the monies.
Mr Justice Jordan granted the council its costs for the retrial with the exception of one day’s costs related to the evidence of an expert introduced by the council “who made a difference” to the case.
It was unfortunate the council did not engage this expert at an initial stage in the case and Mr Keegan might have been spared all of this time and expense that followed, he said.
He also ordered the return of the monies paid out but noted that if the council had difficulties with that money being paid as a condition of it being allowed to appeal, it could have appealed that matter itself but it did not.
The court heard the accident occurred on November 18th, 2013, when Mr Keegan was returning home sometime after 5pm after visiting a number of pubs in which he had consumed five pints of Guinness.
He suffered a significant injury to his left ankle, with X-rays revealing a fracture to his left distal tibia and fibula.
The council did not argue the consumption of this level of drink was an act of contributory negligence but argued it as a factor in regard to Mr Keegan’s duty to take reasonable care for his own safety and in his conflicting accounts of how the accident occurred.
Having heard expert evidence, Mr Justice Jordan was satisfied the unglazed tiles did not pose a danger.
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