Wednesday, April 29, 2009

Warmism fading in Australia

By William Kininmonth, a former head of the National Climate Centre and a consultant to the World Meteorological Organisation. Kininmonth agrees that there is a global warming effect but points out reasons why it has to be trivial. The temperature rise across the 20th century was certainly trivial -- about a half of one degree Celsius. It takes acute imaginitis and a lot of statistical jiggery pokery to extrapolate that to a huge rise in the 21st century

The science of global warming is claimed to be too complex for the public to comprehend and judge. We are continually being told to take and act on the advice of the consensus of IPCC experts; the dissenters are no more than paid mouthpieces of industry or worse. Nevertheless, the public and their representatives are showing innate common sense.

The Australian Senate is poised to reject the "cap and trade" legislation designed by the Rudd Government to implement the Orwellian carbon pollution reduction scheme; it is unlikely the US Senate will ratify similar legislation to limit carbon dioxide emissions any time soon, despite the rhetoric of Barack Obama; and the UN's post-Kyoto dreams of global industrial regulation are destined to fail in Copenhagen later this year.

Economist John Quiggin appears so concerned at the direction of events that he claims "mainstream science is on the verge of being overturned by the efforts of a group of dedicated amateurs" (The Australian Financial Review, April 23).

With public perceptions changing so dramatically and quickly it is little wonder Ian Plimer's latest book, Heaven and Earth, Global Warming: The Missing Science, has been received with such enthusiasm and isinto its third print run in as manyweeks. The public is receptive to an expose of the many mythologies and false claims associated with anthropogenic global warming and are welcoming an authoritative description of planet Earth and its ever-changing climate in readable language.

In an interesting slant on logic, Robert Manne, writing in The Weekend Australian last Saturday, takes the position it is not what citizens should believe that is important but who they believe. Needless to say, he favours the UN's IPCC and its so-called consensus over those such as Plimer who question the anthropogenic global warming science.

What is often forgotten is that the UN established the IPCC in 1988 only because of the then raging scientific debate over the veracity of the anthropogenic global warming hypothesis. The debate has continued because the dire predictions violate fundamental scientific laws and the real science cannot be suppressed.

Recognition of the essential flaw in the dangerous global warming hypothesis predates the IPCC and has been there for the world to see in the title of a paper published in 1966 by CSIRO division of meteorological physics former chief Bill Priestley: "The limitation of temperature in hot climates by evaporation."

Seventy per cent of the Earth's surface is made up of ocean and much of the remaining surface is transpiring vegetation. Evaporation and the exchange of latent energy from the surface is a strong constraint to surface temperature rise. It is not rocket science that water from a canvas bag is cool even on the hottest days.

Furthermore, the surface temperatures of the warmest tropical oceans seldom exceed 30C and for millions of years the underlying cold sub-surface waters have provided a powerful thermal buffer to warming. The suggestion of anthropogenic global warming exceeding a tipping point and leading to runaway or irreversible global warming is a violation of conservation of energy principles.

Computer models are the essential tool for prediction of future climate. Since the IPCC fourth assessment, several independent analyses of the characteristics of the various models have been published in the scientific literature. These analyses reveal serious defects. As the Earth warmed during the 1980s and '90s, it was observed that the convective overturning of the tropics (the Hadley circulation) increased. In contrast, the overturning of the computer models is portrayed to decrease as increasing carbon dioxide generates global warming.

Separately it is found that the computer models underspecify (by a factor of three) the important rate of increase of evaporation with projected temperature rise, meaning that the models underspecify rainfall increase and exaggerate the risk of drought. The same evaporation problem causes an exaggeration of the temperature response to carbon dioxide, but the exaggeration is a model failure and not reality.

The greenhouse effect is real, as is the enhancement due to increasing carbon dioxide concentration. However, the likely extent of global temperature rise from a doubling of carbon dioxide is less than 1C. Such warming is well within the envelope of variation experienced during the past 10,000 years and insignificant in the context of glacial cycles during the past million years, when Earth has been predominantly very cold and covered by extensive ice sheets.

Fundamental science has always identified that it is quixotic to attempt regulation of climate through management of carbon dioxide emissions. The pity is that community leaders have been beguiled by the mystery of powerful computers and have failed to critically assess the predictions within the context of Earth's history. Plimer's authoritative book provides the excuse and impetus to re-examine the scientific fundamentals and redress that failure.

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Split in Australian government over Antarctic ice shelf claims

The phony story of an Antarctic ice breakup has now been acknowledged as such -- but not in time to prevent embarrassment

A SPLIT over global warming has emerged in Kevin Rudd's cabinet after it was revealed that a 13-month-old photograph was published this month to support the view that a catastrophic melting of Antarctic ice was imminent. Federal government sources said Climate Change Minister Penny Wong was disappointed with the way her ministerial colleague, Peter Garrett, weighed into the debate about global warming, claiming sea levels could rise by 6m as a result of melting in Antarctica. Senator Wong yesterday pointedly refused to indicate whether she supported Mr Garrett's view.

"The impacts of climate change are being seen in many ways, from sea level rise through to extreme weather events," Senator Wong said yesterday. "Climate change is a clear and present danger to our world that demands immediate attention." Senator Wong declined to nominate potential levels to which seas could rise.

At a time when the Rudd Government is battling to salvage its emissions trading scheme, some of Mr Garrett's Labor colleagues were annoyed the Environment Minister used his responsibility for Australia's Antarctic territory to weigh into the climate change debate with exaggerated claims. Mr Garrett claimed the break-up of the Wilkins ice shelf in West Antarctica indicated sea level rises of 6m were possible by the end of the century, and that ice was melting across the continent.

The Environment Minister later sought to distance himself from his comments. A study released last week by the British Antarctic Survey concluded that sea ice around Antarctica had been increasing at a rate of 100,000sqkm a decade since the 1970s. While the Antarctic Peninsula, which includes the Wilkins ice shelf and other parts of West Antarctica were experiencing warmer temperatures, ice had expanded in East Antarctica, which is four times the size of West Antarctica.

British newspaper The Observer this month published prominently a story with a photograph of breaks in the Wilkins shelf. "A huge ice shelf in the Antarctic is in the last stages of collapse and could break up within days in the latest sign of how global warming is thought to be changing the face of the planet," the story began. In March last year, US news agency msn published the same photograph with a similar story that began: "A vast ice shelf hanging on by a thin strip looks to be the next chunk to break off from the Antarctic Peninsula, the latest sign of global warming's impact on Earth's southernmost continent." The photograph was published by numerous other outlets, including The Australian. A spokeswoman for the British Antarctic Survey said the photograph in both stories was taken in March last year.

Nationals Senate leader Barnaby Joyce said the misuse of the photograph and the similar story lines 13 months apart reflected how the Wilkins ice shelf break-up was being recycled annually to fuel global warming concerns. Senator Joyce said Mr Garrett's entry into the debate demonstrated how it was being hijacked by misinformation. "We are on the edge of a possible pandemic that could cause untold misery and people are running around tilting at windmills," he said. Opposition environment spokesman Greg Hunt said Senator Wong should distance herself from Mr Garrett's comments.

Mr Garrett was defended by Australian Conservation Foundation director Don Henry. "The minister is right to raise concerns that melting of our ice caps could lead to that kind of sea level rise," he said.

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Insane Leftist attack on jobs for young people

WHAT madness would make it more expensive to hire those Australians traditionally hit twice as hard during recessions? Answer: that provided by the Industrial Relations Commission under instruction from Julia Gillard.

An extra 34,000 teenagers have become unemployed over the past year, lifting teenage joblessness to 141,400 or 16.4 per cent. The prospect it will rise well over 20 per cent underlines last week’s warning from the Organisation for Economic Cooperation and Development that rolling back John Howard’s Work Choices will make it harder for young Australians to get a foothold in the job market. This, warns the OECD, risks a “build up of a large pool of youth at risk of becoming long-term unemployed”.

But the danger is greater than the OECD’s Paris-based analysts recognise because they haven’t got their heads around the IRC’s award “modernisation” process ordered by Gillard. The OECD’s review of Australia’s school-to-work policies assumes that “modernising” the “tangled web of binding rules” known as the award system will unwind the red tape strangling the job market.

The OECD clearly hasn’t looked at the Fast Food Industry Award that the IRC will impose from the start of 2010. It hasn’t picked up the threat to the youth-employment business model of the fast food industry, from franchise chains such as McDonald’s, Pizza Hut, KFC, Domino’s, Subway and Eagle Boys Pizza to thousands of small business takeaway food outlets.

Since the 1970s this sector has evolved on the edges of the federal award system, based on casual employment and minimal or no evening or weekend penalty rates. But the IRC’s award “modernisation” would force it to pay part-time student workers the sort of high casual loadings and penalty rates that it seeks to standardise across the workforce.

This would reverse the labour market liberalisation that allowed the jobless rate for those aged under 25 to fall to three-decade lows of 8.7 percent by the end of the latest boom. As the OECD notes, Howard’s individual work contracts - or Australian Workplace Agreements - are “likely to have increased the labour market competitiveness of low-skilled youth”.

But these individual contracts are being abolished just as the recession hits young Australians the hardest. Many will be seeking work for the first time just as business decides that the new unfair dismissal rules make it riskier to hire young people with no employment history. And those young people with jobs are likely to be the first to be laid off during the downturn. Firms typically have invested less in training juniors than their more senior staff, who are more expensive to retrench as redundancy pay standards have become more generous.

Such dynamics explain the OECD’s quantification of how young workers have been hit hardest in previous recessions. For every one percentage point softening of annual economic growth, the jobless rate for those aged 25 to 54 years has risen 0.87 percentage points. But at the same time, the jobless rate for those aged 15 to 24 years has increased 2.03 percentage points. That means the youth jobless rate rises 2.3 percentage points for every one percentage point increase in the adult rate.

The priority should be to retain the flexibility that allows young people to get a foothold in the job market. Most young Australians get their first job while at high school or university, often through the sort of evening and weekend casual work provided by fast food businesses. Some disparage such jobs as dead-end hamburger-flipping. Yet the OECD says casual and part-time work in Australia is typically a “stepping stone” to better-paid careers. Moreover, the frequent resort to part-time work does not mean that Australian uni students graduate any later.

Until now the fast food business has grown up under less onerous state awards or tailored enterprise deals for franchise chains, which even facilitate the direct payment of union dues. These are based on flexible rostering of a casual workforce mostly aged in its teens or early 20s with no, or minimal, penalty rates.

But the IRC’s new Fast Food Industry Award imposes a national 25 per cent penalty rate for casuals plus an extra 25 per cent for work on weekday evenings and Saturdays. An extra 75 percent applies on Sundays. Casuals working public holidays will have to be paid a 275 percent loading on their normal hourly rate.

And the IRC ropes store managers into the award penalty rates and work rules on the basis that managerial classifications are included in other “retail” awards. The IRC offers no reason why penalty rates should apply at all for student workers during the very times they are most available to work: in the evenings and on weekends.

Amid the argy-bargy, the increased costs may be phased in. But this merely concedes the breaking of Gillard’s undertaking that award modernisation would not impose extra costs on employing labour. It will still stifle the business model that is one of the biggest employers of young Australians.

Against the howls of the shop assistants’ union, Gillard has allowed franchise chains such as McDonald’s, Pizza Hut and KFC scope to have their own enterprise awards “modernised”. But not until Fair Work Australia - as the IRC is to be rebadged - determines whether such awards would “lessen the competitiveness” of rival fast food operators. So Fair Work Australia will consult with “other businesses in the same industry” to make sure one franchise doesn’t get a supposedly unfair competitive edge from the way it organises its workforce. Regrettably, some business lobbies even support such levelling of the playing field, as they term it, against competition.

Gillard is not deaf to the fast food sector’s complaints over its new award, but is limited by the IRC process she has unleashed. She retorts that no business person has ever told her that “this nation’s economic prosperity should be based on ripping off young Australians”. That class warfare rhetoric would be more digestible if she allowed genuine scrutiny - say by the Productivity Commission - to ensure that Labor’s job market “modernisation” does not deny young Australians a work choice.

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Why the lenient sentences for egregious criminals?

I documented long ago how great the gap is between what the courts deliver and what the public want. Nothing seems to have changed. Note the latest episode: "A driver who veered onto the wrong side of the road and killed a motorcyclist while tuning his car radio has walked free from court". I think many will see no reason why negligence causing death should be treated any differently from murder yet the courts are completely indulgent of such episodes

I reckon the judiciary has a magisterial disdain for what you and I believe is justice. They certainly talk the talk. Judge Felicity Hampel thundered at stalker and nasty child pornographer Ross Andrew Sargent that he was predatory, and his secret toilet videos were a gross violation of the women and girls he filmed - then slashed his jail sentence to two months.

Judge Margaret Rizkalla had similarly harsh words for Matthew James Vernon, one of Victoria's worst sexual offenders. He raped an 11-year-old he was babysitting, and the poor girl had Vernon's child, an unimaginable physical and psychological trauma. "The complainant is now torn between the world of being a mother and the world of being a child,'' Rizkalla observed. "It cannot be overlooked, but the child will be a constant reminder (of Vernon's shocking and selfish crime),'' she said sternly - before sentencing him to a fraction of the decades he could have received.

Judge Roland Leckie was on to serial killer Peter Dupas's shortcomings 25 years ago. Sentencing Dupas in 1985 for a knife-wielding rape - and knowing his violently dark past - he told the convicted man, "there is a strong possibility of your reoffending'', and then let him serve relatively light sentences, concurrently, as well. Tragically, Nostradamus had nothing on the prescient Leckie. So far there's been lots of talking, but not much walking.

Last week there was more talk around killer-driver Brett Franklin, whose sentence for claiming the lives of sisters Glenda Thomson and Michelle Hurst, and seriously injuring Glenda's daughter Tara, has been reduced on appeal to just 5 years. It was a lenient sentence to begin with. The work of young, drunk, irresponsible drivers is one of the bigger issues in the community.

"We will catch you,'' warned Assistant Commissioner for Traffic Ken Lay on television and in billboards across the state over Christmas. And in Franklin's case they did get their man, if the young bloke can ever be called one. Franklin had previously lost his licence for speeding. On the night he killed Glenda and Michelle in a TAC ad come to life, he was about three times over the legal limit and friends begged him not to drive. Franklin knew better and, showing off doing burnouts and fish-tailing, his V8 lost control.

His original sentence would have seen him behind bars for only seven years, not much when you plead guilty to charges that could see you cop 20 years each on the two main counts - and you have form. Franklin also pleaded guilty to two charges of negligently causing serious injury. Now things get interesting, Judge John Smallwood complaining that the five-year maximum sentence for this too low.

That was a coincidence. Six days earlier Judge Joe Gullaci had dealt with a Brendon James Healey. Healey, driving drunk, had hit and almost killed Jordynne Wilkie, 6, along with her mother, grandmother and great-grandmother. JUDGE Gullaci said it had been a miracle that Healey, who jumped bail and fled overseas, had not wiped out four generations of the same family. He also commented that the five-year maximum sentence for negligently causing serious injury was inadequate - but then gave Healey a minimum sentence of four years when the bloke pleaded guilty to four of the offences, and why don't we chuck in speeding, skipping bail and exceeding .05 for bad measure?

Attorney-General Rob Hulls was listening. As shadow attorney-general he had pledged he would review sentencing laws, aware that we wanted tough penalties for serious offenders. In 2007, Hulls wrote to the Sentencing Advisory Council seeking advice on the maximum penalty for negligently causing serious injury, later doubling it from five years to 10. The Government was "committed to ensuring that adequate maximum sentences are in place'' he was reported saying at the time.

But that's just talk. You can increase as many maximum sentences as you like, but if the judiciary won't apply them, or anything getting near to them, then it's just legislation taking up shelf space. According to figures compiled by the Sentencing Advisory Council, the number of people jailed after being convicted in the higher courts of causing injury intentionally or recklessly is extraordinarily low, about one in five. Another one in four receives a ``wholly suspended sentence'' - ie, they walk. MANY others get community-based orders. Gee, I can feel that soggy lettuce thrashing the backs of my legs right now.

So what about the more serious culpable driving - you've killed someone and it's your fault? The Sentencing Advisory Council says of those convicted of this between 2001 and 2006: "Imprisonment terms ranged from one year to 12 years and three months, while the median length of imprisonment was five years.'' That should break your heart. More than 100 drivers have killed more than 100 of us for a median penalty of five years' jail. The worst offender received about 60 per cent of the possible maximum. That's why you might not be safe on the roads. If a bunch of those drivers was serving the 20 years behind bars, the Brett Franklins and Brendon Healeys of this world might think twice. We should be outraged. To the maximum. It's time to help judges see things our way

THERE are few more acute moments in the life of a democracy than when one person sits in judgment on another. It is a burdensome responsibility in which those we appoint must rise above any petty reactions of the aggrieved and look beyond simple biblical punishments that remain popular, but are these days mostly meted out drunkenly in pubs. We no longer take an eye for an eye, but we have turned the other cheek too far.

Our judiciary acts without prejudice or bias, and is objective. But our judges and magistrates go easy on lawbreakers and, I believe, are failing us with sentences that do not reflect community attitudes and that too often are well short of what their authors expected. Too often, criminals receive quite light sentences, appeal them, and are further rewarded with even lighter sentences. The Sunday Herald Sun reported earlier this month that our Court of Appeals had slashed 116 years of jail time off killers, rapists and drug dealers in the past 16 months. Those precedents further damage our faith in the system because they become part of "current sentencing practices''.

I would like to see every judge and magistrate's performance recorded and constantly updated. We should be able to look up their sentencing records. Legal fraternity insiders know the hanging judges and those who go easy - so why can't we? Why doesn't every sentencing decision record what percentage of the possible maximum has just been delivered? It would shock many people to know how infrequently a robust sentence is handed down. Each of those percentage figures should be filed against a name. Soon, an insightful profile of the sentencing inclinations of judges would emerge and we could deal with any anomalies.

We have a right to know the judges whose decisions are most regularly challenged in the Appeals Court. We have a right to know which judges' have the most decision overturned. Let's put an end to concurrent sentences. They are not sentences at all.

LET'S have no time off for good behaviour. Add time for bad behaviour, and plenty of it.

Finally, given how out of touch so may magistrates and judges seem to be, let's learn from the successful Operation Beacon, in which all operational police, more than 8000 of them, were retrained throughout 1994 after a series of unnecessary shooting deaths sparked public uproar. Almost immediately, the shootings stopped and the reputation of Victoria Police recovered.

We need an Operation Beacon for the Victorian judiciary in which every magistrate and judge is "retrained'' - familiarised once more with the contours of common thought, the great aggregates of opinion held by the society in which they work. Judicial life is privileged, exclusive and too often isolated. We can fix that. We should.

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