Federal Small Business Minister, Craig Emerson has taken the Federal Government’s spin and smear approach to policy issues to new depths. With a debate raging about the Federal Government’s failure to respond to the needs of small businesses and consumers, Craig Emerson took time out to reflect on the contribution being made to the small business and competition law debate by this author.

Craig Emerson, have I got a deal for you. Photo: Kym Smith

It’s extraordinary that a Federal Minister has the time to reflect on the contribution being made by a particular individual. Surely there are better things the Minister could be doing such as explaining why the Federal Government wasted millions of dollars of taxpayers’ money on a failed GroceryChoice website.

Perhaps the Minister’s time could be better spent explaining why Australia consistently has some of the highest levels of food inflation in the developed world which is pushing up grocery prices for Aussie families.

Then, again, perhaps the Minister could explain how his various window dressing announcements on competition issues will help in real terms all those small businesses, retail tenants and franchisees who have lost their livelihood at the hands of larger businesses acting anti-competitively or unconscionably.

Anyway, the Minister obviously felt the need to spend some time on this author so let’s see what Craig Emerson had to say.

First, the Minister refers to what he describes as the “self professed competition expert Frank Zumbo.” No mention by Craig Emerson of this author’s professorial title from a leading Australian University. Perhaps an oversight as surely the Minister could not be suggesting that the University of New South Wales just hands out professorial titles. No mention, also, of this author’s numerous published articles, as well as citations of this author’s articles by the High Court, Federal Court, Supreme Courts and by numerous parliamentary and other independent reports. Perhaps another oversight?

Next, the Minister is again bursting to tell everyone that this author was “campaigning for Craig Kelly the Liberal candidate for Hughes.” Yes, this author is helping Craig Kelly not just because Kelly is a friend of this author but because Kelly is a successful small business person that would bring considerable real life experience to Federal Parliament. No mention, however, by the Minister of this author’s support for MPs across the political spectrum. No mention of this author’s work previously with Labor personalities such Chris Bowen, Stephen Conroy and now with Tony Piccolo. No mention of this author’s work with Independent Senator Nick Xenophon. Perhaps Craig Emerson should read the Punch more often where all these facts are well known to readers.

The Minister then moves on and considers that “Zumbo is the author of some of the zaniest policies ever to be considered in the Senate.” Now, that’s a bit rich given that the Senate and, ultimately, the Federal Parliament enacted the Birdsville Amendment authored by this author. Surely, the Minister is not suggesting that the Senate is zany for passing the Birdsville Amendment?

Then we see a rant about the Blacktown Amendment also authored by this author outlawing geographic price discrimination, a practice whereby retailers charge a different price for the same product in different stores the same geographic area. Now that’s where the Minister is out of step with the marketplace as ALDI, Coles and Woolworths have all moved to a national uniform pricing policy for many of their products. That’s the same price for the same product across Australia, something that goes even further than the Blacktown Amendment. So is Craig Emerson suggesting that ALDI, Coles and Woolworths are zany for implementing the fundamental principle underlying the Blacktown Amendment?

Then we have the Minister’s apparent dismissal of this author’s support for a general divestiture power that could be used to break up larger companies acting anti-competitively. That outburst is especially surprising as the United States and the United Kingdom already have that power. Surely, the Minister is not suggesting the United States and United Kingdom have got it wrong regarding a general divestiture power?

At this point one has to wonder if Craig Emerson could better spend his time reflecting and correcting his trail of misses and messes. The following is a convenient listing of some of the Minister’s misses and messes.

- GroceryChoice. This was a major debacle and Craig Emerson was responsible for stopping the re-launch of the GroceryChoice website redesigned by Consumer organisation Choice. This resulted in a waste of millions of taxpayers’ dollars and consumers continue to lack full information on grocery prices and, more dangerously, consumers continue to face higher grocery prices;

- Unfair contract terms legislation. Craig Emerson left Australian small businesses legally stranded by removing them from the legislation, contrary to a decision by fellow Labor Minister Chris Bowen and Federal Cabinet to include small business in the legislation. This denies small businesses legal rights to challenge contracts terms that are excessively one-sided and detrimental to the small business;

- Creeping acquisitions “amendments.” These were window dressing amendments that do nothing to change Australia’s weak competition laws. Craig Emerson’s “amendments” are a completely watered down version of proposals previously considered by Chris Bowen. This failure to increase the ACCC’s power means that larger businesses can continue to destroy competition by making small scale acquisitions over a period of time.  Less competition means higher prices for consumers;

- Gaps in franchising regulation. A failure by Craig Emerson to impose monetary penalties for breaches of the Franchising Code of Conduct. This represents a failure to stop rogue franchisors from breaching a regulation designed to protect franchisees.

In addition to reflecting on his misses and messes, it would be great to see Craig Emerson come down from his ivory tower and meet many more of the struggling Aussie families and small businesses in the Federal Seat of Hughes. A single token visit is just not enough for all those in Hughes who want to hold the Minister accountable for his misses and messes. This author would be very happy to take Craig Emerson for a different kind of spin around the electorate to see the real issues that he should be dealing with. This author would even shout him a coffee!

36 comments

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    • With eyes wide open... says:

      05:45am | 21/07/10

      I know what I would like to give “uncle Arthur” and it isn’t a cup of coffee. Now I am no a supporter of Labor and that is no secret but the one Minister who gives me the real shits is one Craig Emerson. Sorry, on reflection I think it is the lot of them. He is a wind vain and changes his views as often as his underwear. I must admit he can be good value on morning telly for a good laugh. He is a nasty attack dog and I wouldn’t give him the time of day Frank. Wait till after the election and you wont have to bother anyway.

    • T.Chong says:

      06:41am | 21/07/10

      Dear , oh dear Frank, your ego is still bruised because Emmerson didnt recognise all yur diplomas ?- what a dreadful chap.
      If Emmerson didnt reply, ,I’m fairly sure you would be whinging about being ignored.
      Its all about you. Not.

    • JJ says:

      06:01pm | 21/07/10

      It seems to me he’s replying quite appropriately to the cheap shots he received from Craig Emerson on the radio this morning. I say good on him.

    • Press says:

      08:12am | 21/07/10

      Right. Cut away all the froth and what are we left with.

      You’re campaigning for a Liberal Party candidate.

      Time to revise your bio, then. It’s misleading as it stands.

      You’re not an independent voice.

    • Susan says:

      09:05am | 21/07/10

      It’s a free forum, what are you scared of?

    • Press says:

      10:11am | 21/07/10

      Huh? Scared? Pardon? Of what? Of Zumbo? Haw haw haw!

      Get a grip! 

      The guy writes on The Punch all the time.He’s partisan.  He’s got a bio.  Its misleading.

    • Peter says:

      10:37am | 21/07/10

      So what if he’s campaigning for a Liberal candidate? So what if he’s not an independent voice?  What difference does it make? You either agree with his artcicle or you don’t.

    • Press says:

      11:06am | 21/07/10

      It’s all about fair, open, non-misleading commentary.

      It’s called declaring an interest.

      Too hard for you, eh. There’s a surprise.

    • DC says:

      02:56pm | 21/07/10

      @Susan:  Sure, it certainly is a free forum.

      However, I suspect you would be complaining if a Union Rep was on this very forum discussing why Tony Abbott will bring back Work Choices.

      Likewise, Frank Zumbo is hardly an unbiased and independant voice.

      Frank Zumbo states that he *is* campaigning for a Liberal Candidate.

      That’s not to say that he doesn’t make some good points - particularly his sixth paragraph where we find out that Frank is just a little pissed because he didn’t get the recognition that *Frank* thinks he deserves.

      Ultimately, Frank is just a little pissed because Craig Emerson dissed him.

      Frank, you look quite old - but how about you grow up?

    • Aitch B says:

      08:38am | 21/07/10

      Great work, Chongy!

      You pick up on one paragraph where Zumbo provides evidence against Emerson’s ‘self professed’ claim and bag him for it. Never mind the underlying thread of the article…. that’s not important to you. And I suspect that as soon as you read that he supports a federal Liberal candidate you decided to rail against him personally.

    • T.Chong says:

      09:36am | 21/07/10

      Damn straight AitchB. Read the article carefully. Frank moans and groans about not being suitably deffered to all thru-at least half dozen times
      .As Press has noted, he is about as neutral as Simon, or Sophie , or Scotty or Bronny, or most other authors who appear on Punch.
      A Right of center site - no probs, but if you put a story (or comment ) up, then you are fair game..Bouquets and buckets all round. You wouldnt wnt a site only for syncophants , would you Aitch.?

    • Dennis says:

      09:44am | 21/07/10

      Craig Emerson HAS TO BE one of the most arrogant of all our present national pollies and I find thoroughly objectionable.  If he attacks you Zumbo, take it as a compliment!

    • Iva Tarbell says:

      08:51pm | 22/07/10

      Dennis, close but no cigar - Emerson IS the most arrogant of all our present national pollies,

    • AdamC says:

      09:59am | 21/07/10

      I have generally disagreed with a lot of what ‘the author’ has had to say about competition policy, but that pales into insignificance when compared to the myriad ‘misses and messes’ of Craig Emerson.

      Having said that, I feel sorry for the man. His problem is that, while Emerson himself is in favour of competition, his superiors in the industry portfolios, notably Kim Carr, are stridently against it. As such, it is no surprise that, despite his seemingly genuine committment to it, Emerson has failed competely to deliver on competition isues.

      And, Press and T Chong, I am a partisan too, but that doesn’t mean I am not allowed to say something relevant about the article. Give it a go, rather than just spraying insults at the author.

    • rory macneil says:

      10:13am | 21/07/10

      Well spoken Zumbo; but we will never hear anything of the same from Kerry and Tony will we?

    • Infense says:

      11:49am | 21/07/10

      What a hilarious exercise in self-promotion.

      Poor Franky has to huff and puff in the most bombastic and pretentious of manners to defend his clearly conflicted position.

      Surely a professor should have enough maturity and intelligence to appreciate that if you dish it out you must expect some return fire.

      Perhaps the University of New South Wales should be more careful with whom it hands professorial titles to in the future.

    • Sirro says:

      11:58am | 21/07/10

      Amazing that the lefties constantly bleat on about Tony Abbott being phoney etc etc.

      Emerson and his partner in spin Paul Howes have happily been lying to the Australian public over the past six months whenever they can get their ugly mugs on TV.
      It really is bordering on disgraceful that they and most of the other wasters on the Labor Party’s front bench have no real policies or achievements after 2.5 years in gvernment. It seems the only thing they are interested in is keeping power.
      Times up Labor ..the people just aren’t that stupid.

    • Passing Wind says:

      12:17pm | 21/07/10

      you only have to go shopping to know that what Craig Emerson has achieved for the average shopper is zilch. He spends so much time doing his song and dance act and bad mouthing the opposition it’s a wonder he gets past Parliament steps to clock on.
      Just check the cost of living over the past 3 years before jumping on the bandstand.
      You don’t have to be Liberal/Labor/ Green or independent to see the result of this governments ineptitude. You just have to be a shopper. Male or female.

    • TheRealDave says:

      04:02pm | 21/07/10

      What has ANY politician ever done for the ‘average shopper’.

      Yes, thats right - nada

    • DC says:

      12:57pm | 21/07/10

      Can’t we discuss Bruce Billson, the Opposition Small Business spokesman as well?

      Let’s see, what was it that Bruce Billson said?

      Oh, that’s right:

      “Tony Abbott has made it clear, and it’s my firm view, providing improved unfair dismissal relief for small business needs to be a part of the policy that we seek to get the approval of the Australian people.”

      Bruce Billson said that in an interview with Smart Business, back in February.

      He lied.

      And so did Tony Abbott:

      “...the policies that we take to the next election will provide for individual agreements”.

    • Denis Quigly says:

      01:10pm | 21/07/10

      Never talk to or drink with lawn bowlers, golfers, small businessmen and Frank Zumbo.  They will bore you to death.

    • Ross says:

      01:51pm | 21/07/10

      I thought a successful small business was a large one.

    • Nigel Catchlove says:

      02:50pm | 21/07/10

      You put that in writing?  The vast majority of small businesses want to remain small - it’s a lifestyle choice.  Not every newsagent wants to run a shopping centre and not every vineyard owner wants to run Hardy’s.

    • Soames says:

      03:50pm | 21/07/10

      Regardless of the complaints of this author, Mr Emerson, one feels, is one of the more dislikeable politicians of either party, simply because of his personality, to talk over his opponent to make a political point, of which one would question is his own,  or one which he has been given the task to perform. One feels this person is of limited and decreasing value politically, although wishing him the best otherwise.

    • Wombat says:

      06:10pm | 21/07/10

      That line at the bottom of the article should read: “Zumbo: The competition crusader… for hire.” Those who employ Frank can expect him to give them favourable press. Those who won’t employ him, or even worse ridicule him, can expect to be the focus of the attack in Frank’s next article.

      And while Frank likes to crap on about spin, he is a master at it himself. Every article is full of spin for his political masters and deliberately misleading statements. That’s why Frank’s articles are always big on sweeping generalisations but very small on facts and statistics to back up his claims.

      Frank says: “Perhaps the Minister’s time could be better spent explaining why Australia consistently has some of the highest levels of food inflation in the developed world which is pushing up grocery prices for Aussie families.”

      Since Frank is using this supposed fact to launch an attack on the current Minister for Small Business, perhaps he could have told us what the current levels of food inflation are.

      From today’s Herald, under the headline “Woolworths to reveal big slowdown in growth”:

      “Grocery outlets are also being hurt by lower food inflation, as it restricts them in passing on rises in other costs to the consumer.”

      Looks like somebody is being deliberately misleading here. Maybe we can check with the Australian Bureau of Statistics:

      http://www.abs.gov.au/ausstats/abs@.nsf/mf/6401.0

      March Quarter 2009 to March Quarter 2010: Rise in food prices is 0.7%.

      That’s why Frank doesn’t give you the statistics. He is trying to mislead you into believing the exact opposite.

      It’s amazing that the Punch continues to post Frank’s self-serving rubbish.

    • Iva Tarbell says:

      08:47pm | 22/07/10

      Settle down Wombat, you don’t always have to the slowest in the animal kingdom, but sadly you fallen into old habits by being failing to appreciate that it’s a plain and irrefutable fact that Australia consistently has some of the highest levels of food inflation in the developed world – and this is pushing up grocery prices for Aussie families. (and the growth in supermarket sales in Australia).

      Go an have look at the OECD website and learn something new – and you’ll find that what Frank has saying is correct;

      “Australia consistently has some of the highest levels of food inflation in the developed world”

      Now Wombat – Frank is trying to stick up for people like you who are continually getting ripped off when they shop for groceries. Why don’t you just thank him and get on your slow merry way.

    • Terry Smith says:

      07:22pm | 21/07/10

      Professorial titles lost any status or credibility the day Clive Palmer was given one. I’d say they are more of a liability an you’re better off if others omit using them, Frankie-boy.

    • DD Ball says:

      01:34am | 22/07/10

      None of the ALP in office have been able to stand up for common values. They all come across as poll watchers. They are divided from the top down. They don’t know what their policies are, what they are trying to achieve or who is leading them. Under those extraordinary circumstances, Craig may be seen to be doing a bang up job

    • TreyN says:

      09:41am | 22/07/10

      So you have formally entered the political fray by endorsing an opposition candidate, but then you dont really want to play.

      Diddums

    • Iva Tarbell says:

      08:35pm | 22/07/10

      Emerson -  what a joke.

      If that’s the best competition minister that Labor can give us, God help us.

      Another reason why Labor has to go.

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