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PM's bovver boy tactics hurt leadership revival

Anyone with the slightest understanding of politics must realise Professor Gillian Triggs is the architect of her own misfortune.

The head of the Human Rights Commission, neatly described on these pages last week by Andrew Probyn as a "lady socialist", mistakes her government position as an opportunity for political activism.

Triggs' job is not judicial, so she has no immunity from criticism, not that judges should have anyway.

She is in no way a political sacred cow. Neither is the HRC.

The commission's role is essentially advisory, particularly in relation to a series of non-binding international conventions to which Australia is a party.

As her predecessor, Catherine Branson - also a Labor appointee - explained in 2010: "Under Australian law, ratification of an international treaty does not, of itself, incorporate that treaty into Australian law."

And to flesh out the toothless-tiger nature of the HRC's work, Branson added: "For reasons which relate to the terms of the Australian Constitution, the commission does not have the power to enforce decisions, or to make binding recommendations about a complaint."

While the HRC has often been a thorn in the side of governments of both persuasions, wiser presidents than Triggs have found ways of encouraging adherence to the conventions without being overtly political.

The timing and content of her recent report on the thorny issue of asylum seeker children in detention - a practice begun by the Keating Labor government in the 90s and turned into a crisis by Kevin Rudd and Julia Gillard after 2007 - was blatantly partisan.

Triggs could hardly escape criticism when she chose to sit on her hands after being appointed in 2012 as the number of children behind the wire soared to a staggering 1992 in July 2013, having been zero when the Liberals lost power.

When she decided towards the end of 2013 to hold an inquiry, months after the coalition was returned, the flow of asylum seeker boats had stopped and the number of children in detention was already down to 1028 on the HRC's own estimation.

By the time the report came out last month it was under 200.

So no one should have any sympathy for Triggs' position.

But the full frontal attack on her by Tony Abbott and Attorney-General George Brandis says more about them than Triggs and exposes this Government's innate flaws.

Simply put, the Prime Minister and many of his ministers have been unable to get out of an Opposition mindset.

Consequently, Abbott can't rid himself of his bovver boy reputation because he refuses to change his political behaviour.

He unleashed his latest attack on Triggs within days of his promise that good government was starting, having told his party room his behaviour would change.

Abbott had been gunning for Triggs since early January, attacking her then for what he called a "bizarre ruling" on compensation payable to a convicted killer, but knowing the inquiry report was imminent.

It should be obvious to Abbott and his advisers that continuing such a display of blue-tie bullying would undermine the strategy to put his leadership back on track.

No one expects Abbott to become a lamb, but there were legitimate expectations that he would become more prime ministerial after the partyroom revolt.

Despite the obvious frustrations of dealing with a hostile Senate, there is no excuse for the feral behaviour towards Triggs, especially coming from two leadership positions that demand a level of statesmanlike behaviour.

Abbott supporters can take whatever comfort they want from the latest slightly improved losing position in the opinion polls, but they don't change what we all know about the PM. Readers with long memories might remember Abbott calling for a "kinder, gentler polity" back in 2010.

Having just lost the election against Gillard, he was once again in trouble with the political flotsam on the crossbenches and was trying to hose them down as Labor formed a minority government.

"I think we can have a kinder, gentler polity," Abbott told the ABC's 7.30. "I think we can be a more collegial polity than we've been. I think that the spirit of Parliament has been needlessly confrontational, especially over the last three years."

The gentlest soul might not be able to deliver that pledge from Opposition, but would have a good opportunity in government.

Brandis was within his rights to dispute Triggs' dodgy report. A reformed Abbott would have stayed out of it. As the old saying goes: Why keep a dog and bark yourself?

No one should have any sympathy for Triggs' position.