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Truss: Aviation Safety Regulation Review

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Truss: Aviation Safety Regulation Review

Old 4th Jul 2014, 23:52
  #881 (permalink)  
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I keep tellin' ya: A new DAS and a couple of new Board Members, and back to business as usual.
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Old 5th Jul 2014, 07:52
  #882 (permalink)  
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yep... (what Creamie sez)
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Old 5th Jul 2014, 09:26
  #883 (permalink)  
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I second what Creamie said.....little will change boys, better get used to it.

Kharon, no surprise in the rumour that Beaker will stay. He is the perfect servant cos he saves his Masters lots of money.

when CAsA have finished dealing with the colour blind pilots they launch into the left handed pilots
Some good posts old chap but I liked this bit
I reckon it won't be long until they mandate that you have to possess a PHD to fly an aircraft
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Old 5th Jul 2014, 10:02
  #884 (permalink)  
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If Beaker stays, it proves that Truss is senile. Mr Dak appointed him and he should have been booted along with Beaker after his numerous displays of incompetence. Beaker has no issues with the government spending bucket loads on MH 370, yet won't pick up a recorder in a known position and shallow water. It begs the question, why didn't he get the Navy to do it? They'd do it in a nano second, with a decompression chamber onboard. Great practical exercise for them also. No OH&S issues there to keep Heff happy!

Last edited by Jinglie; 5th Jul 2014 at 10:04. Reason: Laughing watching beaker on YouTube!
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Old 5th Jul 2014, 13:27
  #885 (permalink)  
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tony abbot wants australia to be dynamic like america, for the economy to work the way the american one does....

be careful of what you wish for tony. the americans also assassinate people who displease them.

warren truss. is he the most disappointing minister in government....
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Old 8th Jul 2014, 02:36
  #886 (permalink)  
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While waiting for the Miniscule to blink - Part two

Noticed Phearless Phelan has added to the now constant chorus of IOS calls for the miniscule to act and act now..: What next for regulatory reform? – Opinion

Coupla quotes.. (my bold):
Of all the industry disquiet expressed in submissions to the Panel, by far the most frequent and prominent has been the breakdown of the mutual trust and respect that once existed between the regulator and industry.

This situation, unmentioned in previous studies and reports, is observed and discussed with examples in almost all the published submissions, and is further highlighted by the 31% of submitters who requested confidentiality.

It becomes obvious therefore that there are people within the national aviation authority as it stands who are un-equipped and unwilling to be part of essential restructure, and that the whole task will have to be assigned to a newly-formed team, under a newly-appointed director reporting to a newly formed board.

The critical trust deficiency was mentioned only once in the ASRR’s recommendations at item 14, but was expanded on at several points in the Panel’s summary of its deliberations. The recommendation is:

14. The Civil Aviation Safety Authority changes its regulatory philosophy and, together with industry, builds an effective collaborative relationship on a foundation of mutual understanding and respect.
At an early point, as when any major conflict seems to be drawing to a close, it may be necessary to declare a form of “ceasefire” to ensure that the processes of reform are not further clouded by hyperactive over-regulation on the part of individuals or groups. We have in fact already heard reports of harassment that seem to suggest the reopening of old and far from fully healed wounds, and some recent “initiatives” in the medical and airworthiness areas also appear to suggest a scorched earth philosophy. Surely any new regulatory interpretations or enforcement activity should receive close scrutiny for non-compliance with published procedures, due diligence, procedural fairness and the rule of law.
Besides the CVD matter, there is rumour of much vendetta actions going on by certain one time allies of the former DAS and the, still in control , iron ring...

One such case is truly vindictive, as it is against a vocal and very active IOS member on absolutely no legal basis and originally instigated under the former DAS enforcement action (black letter) loophole that allows his stasi lieutenants to run amok when required...

Maybe all this underhanded, murky, rear guard action is a sign of a mortally wounded monster thrashing about in final death throes or maybe not??

But there is one sure fire way to stop this needless blood letting and that is for the miniscule to get off the pot ASAP.. Or pass the baton to someone who will get it sorted...

Can someone please check the miniscule's vitals?? TICK TOCK..
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Old 8th Jul 2014, 21:13
  #887 (permalink)  
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Two lumps or three??

Phelan –"Also there’s considerable disparity between contributors to the ASRR on key specific issues, much of which is not fully resolved by the Panel’s recommendations, and needs early resolution. A good example (but far from the only one) is the question of whether two-tier or three-tier regulation represents the more effective model, and there are credible and well-regarded supporters for both scenarios."
This paragraph from the recent Phelan offering is (IMO) an important one. Conversations with folk about Part 61 usually invoke "ah, but there is no manual of standards" (MOS). The academic subject matter is way beyond my feeble grasp of 'law', but determined to explore it, I sought advice. AMROBA supports 'three tiers' other learned colleagues do not. So more digging and research, I figured the IOS would be affected by the decisions made, so best we know what it's all about.

Before I get jumped on by 'experts' let me say the following is only my take on what I have been able to glean; I expect Leadsled, Creampuff and the more legally savvy to add more erudite information on an important subject.

A third tier of legislation (by whatever name, Manuals of Standards, Aviation Standards, CAO etc.) which require no less than full parliamentary process for each operational change is a significant impost; but, it is the built in rigidity, the 'inflexibility', which raises objections.

The “Manuals of Standards” (MOS) has been designed in such a way that Australia has, to all intents and purpose, been returned to a third tier structure; this without the benefit of industry consultation, consideration or acceptance. The “manual of standard” terminology was originally used to describe certificates issued under CASR Part 21 such as aircraft TC, STC, APMA, ATSO. etc. It was never intended to meet 'aviation safety standards' specified in 9(1)(c).

Simply put, there is no risk reduction (safety benefit) in the current interpretation of 'third tier' of legislation. Arguably the reverse is true, due to regulator inability to act or respond 'quickly' to rapidly changing aviation circumstance. Indeed, it could be reasonably argued that the inflexibility of three tier regulation increases operational and accidental breech risk levels.

Under the Acts Interpretation Act 1901(Cth), the Legislative Instruments Act 2003 (Cth); and, due process to create/enact/change a legislative instrument, change can take years, while an AC/AMC (*) advisory) can be changed within days of a requirement becoming known.

(*) An incorrect, although commonly made statement is "Advisory Circulars (AC) are not enforceable". This is a complete misrepresentation of the legal position. The preamble to every AC states: “A way but not the only way to comply with Regulation ABC; (the regulation which raises the AC). However "not the only way” clearly releases the operator to 'negotiate' an alternative Acceptable Means of Compliance (ACM) with CASA.

Three tier legislation, modelled on the Canadian system would be acceptable, provided changes the current two-tier regulatory framework evolved to where the third-tier standards are drafted in plain, easy to understand language and Regulations are drafted in a clear succinct style, defining provisions for enabling standards and necessary legislative provisions, including offences.

Third tier ‘standards’; provided as either 'legislation' or Advisory (Acceptable Means of Compliance) - must comply with CASA function under Sec 9 (1)( c) of the Act to develop and promulgate appropriate, clear and concise aviation safety standards. Amending ‘standards’ specified in the regulations to “aviation safety standards” specified in regulations, to be provided in either Operational Specification or as an Instrument. Section 98 5AB of the Act states that a legislative instrument can be issued. An instrument must not prescribe a penalty.

I know; it's a bugger to get your head around it all; but in five years time when everyone is moaning about crappy regulations, I shall smile and say two or three sugars in your tier. So FWIW, have a think about what you would like to happen and have a say......

Handing over to the grown ups..
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Old 8th Jul 2014, 22:50
  #888 (permalink)  
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Here's a complex legal concept: A Frankenstein is a Frankenstein, irrespective of how many 'Tiers' it has.

Every kind of regulatory structure has its advantages and disadvantages.

The problem in my view is not the number of 'Tiers', but that the regulator is building them. The regulator is building the structure that determines the regulator's own role in the structure. And - surprise, surprise - Australia has ended up with a structure that relies on a myriad of approvals, exemptions, certificates, permits, ratings and licences granted at the discretion of the regulator, in return for a fee paid to the regulator.
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Old 8th Jul 2014, 22:54
  #889 (permalink)  
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"provided changes the current two-tier regulatory framework evolved to where the third-tier standards are drafted in plain, easy to understand language and Regulations are drafted in a clear succinct style,"

Unfortunately CAsA are incapable of producing anything that anyone can understand. Whether that is because the people who write the drafts are too inexperienced or incompetent or the lawyers have to much say in the final draft and the whole meaning and intention of the reg. becomes mired in convoluted legal jargon.

Maybe they do it deliberately so their FOI's and AWI's have something to do, driving industry nuts with their various interpretations of what is Kosher or not.

As it is it is impossible for anyone including the major airlines, with all their resources and money to be "In Compliance" with Australian regulations.

We can aspire to, and to the best of our ability with available resources attempt to, but at the end of the day "compliance" is still contained in the opinion of whatever FOI or AWI you happen to be confronted with on the day. Every CP or chief engineers lament.

For gods sake Mr Miniscule swallow your pride, admit because of indifference and inaction CAsA is a corrupt clusterf..k and get on with what must happen if there is any hope for the industry.

The solution is staring you in the face, just across the ditch.

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Old 9th Jul 2014, 05:48
  #890 (permalink)  
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For those who have managed to stay awake during the intermission– Australian Flying – have published a bit of news.

Although rumour has it things may be 'buoyed' up with an announcement.
Conversely there is still a skeleton at the feast – Sandilands - Plane talking remains, as do all, unimpressed with ATSB. Perhaps we could petition the minuscule to give aviation to AMSA, they seem to be a calm, competent crew with their act together. Dolan is just an embarrassment.

Toot toot.

Last edited by Kharon; 9th Jul 2014 at 05:58. Reason: Choccy frog for K
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Old 9th Jul 2014, 22:52
  #891 (permalink)  
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The DAS handicap. (1.5 miles over fences).

ProAviation - With the departure of the present CEO imminent, surely it would be timely now for the Minister to name without further delay the new CASA board and also the new CEO, who will face a daunting challenge on Monday September 1.
I expect the 'new' board will be part of the interview panel the final candidates ; I just wonder what the 'head-hunter' brief is and who scripted it. Seems to me that 'who' is left in the running at the final furlong marker will have been decided at the starting gate. Lets take a moment to consider how the handicappers decide which horses may run in a particular race. The Jockey club handicappers are obliged to ensure that the entrants are as evenly matched as possible; the ultimate art would be to have a dozen horses so close together at the finish you could throw a blanket over 'em. Honest, scrupulous folk, who make the napsters job tough...

In our little race for the DAS cup, the selection criteria have been published but the handicapper gets the first look in; sets the field as it were. There is no way of knowing how the handicapper is intending to select which pony gets a day out and which is sent back to stables.

Imagine, if you were asked some weighted questions, mixed with the banal; "Could you continue and complete the fine work started by McComic?". How would you answer a question like that; or, "Do you believe the executive team is rock solid?"; or, Do you feel Alan Hawke is an ideal chairman?".

To slow down fast horses, the handicapper "puts the weights up"; a crooked handicapper can, by simply 'weighting' a horse, affect the outcome of a race. No one is the wiser, least of all the mug punter who just lost his shirt, betting on the 'wrong' nag. Tricky business this 'orse racin'. The Jockey club rightly frown on such practice, but I wonder if the murky Machiavellian crowd have such scruples. Time will tell.....But if we get a clone, rather than a reformer, time to start manning the lifeboats.

Phelan - Of course reform is still several giant steps away, because it can only work when the new regulator’s new board and new management all accept that there exist obstructions that will take a cathartic change of corporate mindset to remove. The retraining or removal of the obstructionists will also be vital and should not be underestimated, because the philosophies that created the present system are still extant.

Last edited by Kharon; 9th Jul 2014 at 22:57. Reason: Some days are diamonds, some not so...
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Old 10th Jul 2014, 00:06
  #892 (permalink)  
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Squirrels in cages.

DN asks some good questions, what's with all the secret squirrel bullshit? It is also interesting that two days before one of the RAAA directors gets appointed (with no fanfare) to the CAsA board that RAAA come out fighting on the fuel excise levy to be made more equitable or be scrapped entirely? RAAA calls for fairer deal for regionals

Need to push the DAS military aspirant to the side as not being acceptable to the industry (i.e. stick to the ASRR CV requirements for DAS), we all know who the other aspirant is and he is our pick!

09 Jul 2014 - Doug Nancarrow

It seemed rather strange to see the name of the new CASA board deputy chairman on the CASA website without any formal announcement drawing attention to such a momentous appointment. And momentous it indeed it, with regional sector professional Jeff Boyd getting the nod for that role.

It’s hard to understand why we’re being drip fed the new CASA board member names, but if they are of the same calibre as Jeff Boyd then we’re off to a very good start.

There’s still no consensus out there about the new Director of Safety, but I know of a couple of people who were invited to be interviewed and either of them would make an excellent DAS.

Could it be that a certain military gentleman is the front runner? How would industry react to yet another ex-military person at the top of the regulatory hierarchy?

Let’s hope we have all the pieces of the ‘new’ CASA in place asap so that industry knows what it’s in for and can get on with the job.
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Old 10th Jul 2014, 02:36
  #893 (permalink)  
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A matter of privilege.

Senator Xenophon has found one of three who have felt the hot breath of 'revenge' for being a witness or participating in the Truss WLR.

This is serious stuff; anyone who has been 'touched inappropriately' after daring to criticise or bear witness should contact the 'good' Senators a.s.a.p.

A matter of privilege.

Don't be shy....They are interested.
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Old 10th Jul 2014, 15:28
  #894 (permalink)  
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The ex-military bit is actually irrelevant - it will always get down to the character of the person.

A person who has the required attributes of honesty, integrity and a total embrace of procedural fairness will make the right decisions on the current facts and issues - not some perception of historical bias.
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Old 10th Jul 2014, 20:19
  #895 (permalink)  
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IOS: Hawke to butt out of selecting new DAS.

Phearless Phelan article - CASA hiring transparency lost in obfuscation highlights the IOS dismay with the rumour that Hawke & Red (M&M) have stacked the deck in favour of another agreeable Muppet to fill the DAS shoes, coupla quotes:

Ken Cannane Executive Director AMROBA:

“We’ve raised the issue with the Minister of our concerns of the involvement of the current CASA board in the selection of the new people, because we see that the CASA board oversaw the industry and the development of the seriously negative issues that have been raised by the ASRR review. If Mr Hawke is going to be there, the remainder of the board should be involved with the selection as well, not just the Chairman.

“Before selections are made for the CEO, I think the Minister needs to be transparent now and either tell the industry he supports the review and its findings, or that he rejects them. If he supports them, it means that the CASA board should then be selecting a person who can implement the review, not a person who is going to continue on in the direction John McCormick has taken.”
Paul Tyrell CEO RAAA:

“The RAAA would welcome the recommendations of the ASRR being implemented as soon as possible. It is essential that the incoming CASA board members play a leading role in the appointment of the new CASA CEO. To do otherwise would make a mockery of the recent review. The new CEO must display a strong cost reflex in that he should exercise stringent control over CASA costs just as all modern aviation businesses must also do if they are to survive.”
miniscule harden up mate or get off the pot and let Barnaby take it to the Hawke!

TICK..TOCK miniscule.
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Old 10th Jul 2014, 21:20
  #896 (permalink)  
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The Transparency Cup.

LL - this is why I like Mrdak where I can see the blighter; it's always easier to track a known quantity if you can follow a well defined trail. You can see from the Sarcs post above, neither Cannane, Tyrell or Phelan are fooled by the false trail. You can most easily imagine the conversation between the murky Machiavellian (MM) and Minuscule (M). A fairy tale, to be spun and woven into a Willyleaks form guide commentary.

M: "Erm, do we really need a horse race then?, must we have one? it's such a fuss"

MM: "Yers Minister, unfortunately we do".

M: "Oh dear, what's to be done, what's the procedure?"

MM: "Don't worry Sir, I have done this sort of thing before and if you allow, I'll take care of the whole dangerous event. The thing is fraught with political peril and the mob of punters at the gates will be howling for your blood if we don't; why don't you just relax and let me handle it".

M: "Oh, thank you. You have been a good and faithful servant and I would be most obliged if you could manage this insignificant, annoying detail for me. Now, where's my Ovaltine and Tim Tams?

MM scampers off to the kitchen to make the Ovaltine and while waiting for the kettle to boil. whips out the trusty mobile and rings one of his mates – a handicapper. "Meet me for lunch, usual place, we have a race to organise".

From lunch time onwards the betting selection is under the Machiavellian thumb. Above the surface to the punters, it looks ordered, open and transparent and so it is; in fact the whole thing, this faux race is flawlessly stage managed. MM whistles while he works knowing that his handpicked handicappers will knobble the rest of the field, before the off. Weighed down by loaded saddles, the runners will all slow down, allowing the lightweight MM fancy to win, by a length, ridden hands and heels. The punters loose their shirts, but then that's the nature of gambling; the only winners are the man who arranged the thing, the men who fixed the thing and those "in the know" who bet on the result.

The Jockey Club would not be impressed if they knew; but, as this was a private event, they don't signify.


Phil Hurst, Executive Director of the Agricultural Aviation Association of Australia (AAAA), says: “The process that we support is the one that is been outlined any number of times. It is that there should be a clean sweep of the CASA board. There should then be widespread consultation with industry for the appointments to that board. I understand that Jeff Boyd has already been appointed to the board as Deputy Chairman and we fully support his appointment because he is coming from industry and that’s exactly the sort of appointment that we welcome.

“I think that whoever takes the reins at CASA, they must have the trust of industry. That’s the critical issue and with the best will in the world, it’s very difficult for industry to trust people that have never operated in a commercial environment.

My concern with the lack of transparency in all this is that anything that happens in the current environment is likely to be tainted. If the powers that be don’t understand the importance of transparency in this process, which will set the direction for CASA for the next however many years, then clearly we’ve got more work to do.”

Last edited by Kharon; 10th Jul 2014 at 21:40. Reason: My bolding
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Old 10th Jul 2014, 22:04
  #897 (permalink)  
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Kharon, I think the race is over and we've lost our shirts.

The new board members are what is known as window dressing - to give the appearance of change. The new DAS, I predict, will be a female, preferably lesbian. That way further industry complaints can be written off as misogynous, sexist homophobic rants.

Ideally she should be what we call in management a "process Queen" - knows nothing about the industry at all, but fervently believes she can manage Aviation regulation by following "process". She will also market herself and be marketed as a "change agent".

Of course she will be ground down and fail in this, but not before the Minister, Mrdak and the Iron ring have secured their retirements.

Last edited by Sunfish; 10th Jul 2014 at 22:21.
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Old 10th Jul 2014, 22:16
  #898 (permalink)  
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Or, to put that another way; the Fine Cotton affair was a boy scout organised, amateur hour lash up compared to the silken smooth, well rehearsed operation we are witnessing. I wonder who Xenophon has in his gun sight; I hear a whisper that the embattled Hawke has been throwing some weight about, probably a reaction to electricity, or was it water; no matter -I forget which one.

ProAviation has been told that the Dr Hawke wrote to one industry association refuting its submission to the ASRR, and that the organisation rejected what it believed to be “bullying” on his part and brought the matter to Minister Truss’s attention.

Last edited by Kharon; 12th Jul 2014 at 23:20.
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Old 12th Jul 2014, 01:51
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If you are willing to accept Mrdak then you also have to accept Beaker. Both are career bureaucrats who really have no particular interest in the departments they run but are very interested in deflecting criticism and avoiding responsibility. The proof of that is despite the weight of evidence of incompetence, as determined by the Senate report, Beaker is still in the job as head of the ATSB. He only has one boss and that is Mrdak and Mrdak is well pleased with Beaker's performance. The only person to get the boot is McCormick. Probably Mrdak needed to offer one head on a stick and a non-career public servant was the prime candidate.
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Old 12th Jul 2014, 12:05
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Out of office - please leave a message

Herr Skull is off overseas at the moment, enjoying the fruits of the taxpayer trough for one last time prior to his long anticipated, and somewhat overdue departure next month. Perhaps he is being interviewed for an ICAO position while he is abroad? Maybe he is collecting rare species of butterfly, or perhaps he is providing free aviation education to some third world country? (Sorry, I forgot, he already does that here!).

And while the cats away, the mice will play. And play they are. Much jockeying for positions higher up the toilet chain is going on, in fact it is almost frantic! Terry is smugly hobbling around the corridors of Spamberra, ego primed, as he contemplates what he sees as the next most suitable DAS - his good old self! Now how he intends to hold down such a coveted position while dabbling in I.T and maintaining a current A380 endo I really don't know! Forget CVD, will cataracts, incontinence and a pea size heart pass one of Dr Pooshans infallible medical standards?

Oh the internal shenanigans are well under way. Flyingfiend is aligning himself behind the bearded Philosopher, Messrs Boyd, Campbell, Peter a-ferret-a-day, and others are trying to shore up votes and support. Even the wascaly wabbit Wodger believes he is in for a sturdy promotion when the organisational deck chairs are rearranged over the coming months!

I've been stocking up on beer and popcorn for a few weeks now, waiting for the show to really begin. It's time to take my seat as the starters bell is about to be rung. C'mon Minister Truss, we have saved you a front row seat on the top deck of the Styx Houseboat, to watch the game unfold. Please come join us

'Tick Tock as the house of cards begins to rock'
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