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Australian government rams through Telstra privatisation
By Terry Cook
27 September 2005
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After weeks of political turmoil, the Howard government pushed
legislation (Transition to Full Private Ownership Bill) through
both houses of parliament on September 14-15 authorising the sale
of its remaining 51.8 percent share in the communications corporation
Telstra.
The realisation of this long-held ambition is, however, not
the resounding political triumph the government had expected.
The protracted and messy process, which sparked sharp divisions
in the Liberal-National Party Coalition and an open public clash
with the Telstra board, earned little praise in corporate and
media circles.
After the legislation cleared parliament, the Sydney Morning
Herald declared, for such a political milestone, there
was relatively little fanfare. Earlier commentator Alan
Kohler remarked on ABC Online: Standing in a blizzard of
opinion about Telstra... one conclusion is crystal clearit
has been a disaster for John Howard.
The political tensions surrounding the legislation right up
to the last minute were an expression of the underlying problem
dogging the government. Howard has been under pressure from big
business not only to sell off the highly profitable telecommunications
carrier, but to abolish regulations and subject it to market forces.
At the same time, the privatisation has provoked widespread hostility
from people who recognised that their services will inevitably
suffer.
Opposition to the Telstra sale was reflectedalbeit in
distorted formwithin the parliament. Howard had to agree
to a $3.1 billion dollar package to improve rural services to
placate his National Party allies who faced a backlash in their
electorates. While the legislation easily passed the lower house,
where the government commands a large majority, it cleared the
Senate by only one vote after right-wing Family First Party senator
Steve Fielding decided at the eleventh hour to vote against it.
Even though the government had a majority in both houses (control
of the Senate passed officially to the government on July 1),
it was in unpredictable territory with National Party Senator
Barnaby Joyce wavering. Fearing a last minute hitch, the Coalition
used its numbers to gag debate in both houses so as to ram the
legislation through.
An editorial in the Age on September 16 voiced a certain
nervousness in ruling circles that such methods could engender
further public resentment and make other reforms such
as changes to industrial relations legislation more difficult.
Entitled Contempt for parliamentary scrutiny only adds to
the publics concern, the newspaper questioned the
wisdom of ramming through the Telstra legislation
and warned: This was a telling moment that betrayed the
insincerity of promises not to abuse the governments power
in the Senate.
On the eve of the vote, new assurances were needed to lock
in the vote of Barnaby Joyce as details of the $3.1 billion rural
package were publicised. Federal Treasurer Peter Costello revealed
that $2 billion of the package would not start to flow until after
2008. The distribution of the Telstra sale proceeds, Costello
said, was dependent on the Regional Telecommunications Independent
Review Committee set up to examine every three years the state
of rural telecommunication services.
The comments spooked Joyce who is relying on the package to
salvage some credibility with rural voters. With only days to
go, Joyce again put a question mark over his vote declaring, that
the wording in the Bills has got to be changed and there
are other issues.
Joyces difficulties were compounded by a leaked Telstra
report revealing that the company had massively under-invested
in infrastructure over an extended period. Aging equipment had
not been replaced, 14 percent of all phone lines were faulty and
IT systems were inadequate. The report estimated that an additional
$2 to $3 billion should have been invested over the past three
to five years to provide adequate services.
The report caught the government in another lie. Just months
ago it claimed that it had brought rural and regional services
up to scratchin line with its promises prior
to any Telstra sale. The report, however, clearly showed that
the $3.1 billion package will barely address the past neglect,
let alone provide adequate funding for ongoing improvements into
the future.
Even though he was eventually hauled into line and voted for
the legislation, Joyce declared he was only 65 percent happy
about it. He added nervously: Youve always got
you know, a feeling in the back of your head that maybe theres...
there could be problems in the future.
Big business criticism
Even as he was attempting to ensure that Joyce and Nationals
were on side, Howard confronted criticism from corporate circles
that he was pandering unnecessarily to rural voters and compromising
the perceived benefits for the economy and big business.
In a similar vein, Telstra management mounted an aggressive
campaign to demand an end to government restrictions on its operations.
Telstra CEO Sol Trujillo and his deputy Phil Burgess called for
an end to regulations that inhibit Telstra from using its monopoly
of national phone line infrastructure to maintain a competitive
edge over its rivals.
Burgess remarked that without reregulation he would not recommend
Telstra shares to his mother. Trujillo chimed in by declaring
that government regulations cost the telco $850 million a year,
sending the companys shares to two-year lows. In fact, Telstra
share value has fallen more than 14.5 percent since Trujillo took
over earlier this year, wiping out more than $9 billion from the
companys market capitalisation.
Howard retaliated by stating that executives should talk
up the companys interests, not talk them downa
view he said he intended to put directly to the Telstra board.
But his remarks only landed the government in more hot water.
Sensitive to recent scandals involving the manipulation of share
prices, Forbes.com warned that Howards remarks were
a green light for executives to be liberal with the truth.
An editorial in the Australian Financial Review declared:
Just when you thought the Telstra farce could not sink any
lower, along comes the prime minister urging the carriers
new American management to flout the Corporations Act.
The rebukes came in the wake of another revelation: that Telstra
management had briefed the government, but not other shareholders,
on August 11 that the company needed to borrow heavily to pay
its dividends. Howard denied that the government had kept the
information secret to avoid a further fall in share prices, claiming
that it would have been illegal to make any public disclosure.
He declared rather unconvincingly that it was up to Telstra,
not the government, to inform the market of its financial details.
The Australian Securities and Investments Commission announced
it would investigate the circumstances surrounding the briefing
and the proposed method of funding the dividend. Corporate lawyers
warned that by failing to inform all stockholders Telstra could
be in breach of continuous disclosure rules with penalties of
$1 million for a company and $200,000 for individuals. Jail
terms could accompany serious breaches.
Even with the privatisation legislation passed, the Telstra
sale could continue to be a millstone around the governments
neck. Speaking on ABC radio, Howard confirmed that share prices
would determine the timing of the public share float and also
determine whether we sell them (Telstra shares) in one lump or
in stages. With share prices hovering around $4.29well
below the value needed to realise the governments $30 billion
price tagits preferred deadline of next October is looking
increasingly unlikely.
Sections of big business have become increasingly impatient
with any further delays. On September 17, News.com.au warned
Howard that with more than a decade of political wrangling
out of the way, it was time to start warming up the
markets for the sale. What was needed, the web site stated,
were major job cuts, cost savings, asset sales and more
effective capital spending ... It is estimated that up to
10,000 jobs could be destroyed in the lead up to the final share
float.
The government is also under pressure to push ahead with other
aspects of its economic restructuring agenda regardless of the
political consequences. An article in the September 19 issue of
the Australian slammed Howard for dithering on workplace
reform for taking months to come to grips with a planned
remodeling of Australias industrial relations system.
But as the Telstra debacle demonstrates all to well, the demands
for the unfettered operation of the market inevitably come into
conflict with the social needs of ordinary working people. Two
decades of reforms have provoked deep suspicion and
hostility towards both the Coalition and the Labor opposition
and their attempts to carry out the demands of big business. Even
though Howard effectively faced no opposition from Labour over
Telstra, the discontent was reflected in the governments
own ranks.
Howard confronts similar political dilemmas over his proposed
industrial relations laws, plans to slash welfare and contentious
changes to media ownership regulations. Ironically, only a few
short months after its crowning achievementwinning control
of the Senate to clear the way for the economic reform agendathe
government is increasingly divided and looks decidedly fragile.
See Also:
Telstra salea political minefield
for the Australian government
[6 September 2005]
Australia: some plain truths
about the fight against Howard's IR laws
[6 August 2005]
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