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The Foundation for National Renewal |
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The Constitutional Convention of February 1998 |
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A missed opportunity for much-needed reform. |
| Introduction | Delegates | Proceedings | Summaries |
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TRANSCRIPT OF PROCEEDINGS
Mr CARR- Henry Parkes said it all: `One nation, one destiny.' While all that is being said about the capacity of a state to go its own way, to hold onto imperial links, is true, it ought to be registered very firmly that that ought to be deplored. If the Australian people vote in a referendum- a majority of voters in a majority of states- to set us on a republican future, I think any move in any state to avoid the implications of that should and will be frowned upon. Buckingham Palace will resolve the issue as it resolved the issue of imperial honours being awarded in one but no other Australian state. Henry Parkes: `One nation, one destiny.' We are in this together. While the terms of the resolution are precisely as described by Sir James Killen, we ought to view adversely any suggestion, any hint, that one state may hold out against the destiny of this continent. A nation for a continent and a continent for a nation!
Professor BLAINEY- I would not dare have combat with Mr Carr on a matter of history because he is very well informed, but when Henry Parkes said `One nation, one destiny' he had the clear assumption that states rights were paramount unless specifically passed over in the proposed Constitution. He was the king of states righters.
DEPUTY CHAIRMAN- I now propose to put section (8), Implications for the States. Those in favour please indicate; those against. Motion carried.
DEPUTY CHAIRMAN- Inadvertently, in the earlier sheet, `Title of the head of state' was simply dropped out. It is simply a typographical slip. It should read:
(1) Title of the head of state That this Convention notes its earlier indicative vote and resolves that in the event of Australia becoming a republic, the title of the head of state should be "president".
I put that without debate. Those in favour please indicate; those against. Motion carried.
Mr WILLIAMS- It seems unlikely now that there will be a further meeting of the Resolutions Group. Anything is possible, but it seems unlikely. On that basis, could I record my appreciation of the work of the members of that group. I believe the Convention is indebted to them. I particularly mention the work done by the Deputy Chairman, who chaired at sometimes difficult meetings with excellent results. Also, in an environment in which the usual party political barricades have been removed, I commend the interest, diligence and skill of my co-rapporteur, Mr Gareth Evans QC, in his work on that committee. I also mention with approval and gratitude the work of the officers of the Commonwealth Attorney-General's Department who provided input to that committee. In addition, I think the two advisers to the Chairman and Deputy Chairman respectively were also of great assistance. DEPUTY CHAIRMAN- Thank you very much. On behalf of the Resolutions Group, I thank you for your kind words. We should also pay tribute to the work of Mr Peter King, who was the counsel to the Chairman, and the Hon. Howard Nathan, QC, who was my assistant. They helped us get through the work. Before I hand over to the Chairman, there is one other element- that is, there is an `other matters' agenda item about the proposed handling of the ongoing constitutional review process. This is something that both the Chairman and I have agreed we will hold as being within our capacity. I invite Tim Costello to move that the convention grant leave. Assuming that that leave is granted, he will be able to carry the motion that follows.
Reverend TIM COSTELLO- I move:
That the Convention grant leave for the Reverend Tim Costello to move a further resolution proposing a process for review of the changes to the Constitution introduced by any referendum establishing a republic, and associated matters.
This further resolution proposes a process for review of the changes to the Constitution introduced by a referendum establishing a republic. Motion carried.
Reverend TIM COSTELLO- I move:
This convention has attracted international interest because people overseas have been amazed that politicians and lay people, if I can use that term, have sat together and talked about their Constitution. This Convention has attracted national interest because so many Australians who said, `I don't understand this Constitution' have actually watched the proceedings on the TV, listened to them and read the papers. My soundings from Victoria say that there is extraordinary interest and a huge quantum jump in the level of understanding of what our Constitution means and what it is about. That active citizenship and interest is just fantastic. It represents Australia again seizing the ground we once held certainly back in the 1890s and the first decade of this century, when we were seen to be the social laboratory for democracy and when we were actually leading the world in active citizenship. We have, in my view, that lead again because of this Convention. Therefore, it seems to me that we need to harness that interest. We cannot allow it to dissipate and simply ebb. We need to find a mechanism in which this can actually go on. This is the mechanism we are proposing. It is a mechanism that realises that when and if a republican government comes in, there will need to be some review, just as the founding fathers expected our Constitution to be reviewed. They certainly did not believe it was set in concrete and would be surprised to hear some the sentiments of those who believe it is. We have suggested that two-thirds of the convention be directly elected by the people. Most of us know that this Convention has worked because of election, because through election popular interest was aroused. That is an essential element. Why only two-thirds? At these conventions we do need the opinions of experts, and constitutional lawyers do not seem to have great charisma or the ability to win elections. So we would invite their participation, which has been very useful here. The agenda is to review the operation and effectiveness and to address any other matters, which is a catch-all phrase to allow whatever matters start to arise- and we cannot anticipate them now- to be considered. Finally, it is very important that it starts at a community level. At the grassroots Australians have become interested and excited, and we must cultivate that. Therefore we are suggesting that, within 12 months of the passage of the referendum, if a republic is established, this mechanism starts to move and to carry people with its- hopefully- tidal wave so that it ends up in a very productive convention like this one has been.
Mrs MILNE- I have great pleasure in seconding this motion. When I came to the Convention I expressed my disappointment that the agenda was so narrow. When you talk to people in the community- in saleyards, in church halls or wherever people are- and start asking them what becoming a republic means to them they talk about far more than just the head of state. They talk about the fact that this is a very special moment of redefinition for Australia, that it coincides, by historical convenience, if you like, with the beginning of a new millennium. It is a sign of hope for ordinary Australians that Australia's coming to a republic might also address wider issues of the Constitution, broader issues of reform, that it would address seriously the issue of granting constitutional recognition and rights to indigenous people and to all Australians. They want to talk about how people can get more involved in the political process. The Women's Convention was strongly in favour of broad debate on issues like proportional representation. We were trying to broaden the agenda of this Convention, to look at issues of equality of men and women under the Constitution. It is essential that the huge amount of interest shown around the country in this Convention be harnessed now so that the civic interest that is there, that willingness to participate, can continue with some sort of focus into the next few years so that once we become a republic we can review the effectiveness of republican government and look at issues such as the powers, the environment, for example, and whether or not the Commonwealth- the federal government- should have a head of power on the environment, or whether we should entrench the precautionary principles. I am urging delegates to recognise that we have taken the first step. We are going to move to a republic; I believe that is inevitable. But the quality of life of all Australians in the republic needs to be enhanced by their involvement in changing the Constitution through a national discourse on ways in which we can address the real ills that are in Australian society and that we have to face up to. So I urge you to support not only the success of this Convention but also the recognition that there is a need for an ongoing community consultation process for wider reform.
CHAIRMAN- I understand that there has been notice of a further amendment for which we will need to obtain leave of the Convention. Before I call on Mr Michael Elliott to see whether he wishes to proceed with it, I call on Mr Turnbull. I will then call on Mr Elliott to explain his intended amendment and then he will have to seek leave of the Convention to pursue it.
Mr TURNBULL- The Australian Republican Movement is pleased to support this resolution. Many of us were sceptical about this Convention prior to it being convened. All of us have found it an exciting although often stressful time. To those people who have found their normal mild and equable temperaments- such as mine- occasionally show signs of irritation, I can only give my apologies.
Ms RAYNER- Accepted. Mr TURNBULL- Thanks, Moira. Australian people can never know too much about their Constitution. We can never spend too much time talking about our country, its laws and its development. Ongoing constitutional reform is a profoundly good idea. It may be that the next Convention will meet and resolve that all is well. That is fine. We do not have an argument with that if that is the decision. The critical thing is that we allow this discourse to go on outside of the parliamentary system. I am a great believer in the parliamentary system, but there is a scope for popular involvement. We would not be here today if it had not been for popular movements outside of the parliamentary system, and I think a great deal of benefit can come from this. This is an important move and I believe that anyone who believes that our Constitution should be a living document and believes that it belongs to the people should support it.
CHAIRMAN- I call on Mr Mike Elliott to briefly explain the purpose of his amendment to this proposal and then he will have to seek leave of the Convention before he can put it.
Mr ELLIOTT- By way of brief explanation as to why I am seeking leave to move this amendment, I would ask you to note that the contents of this amendment emerge from a working party that was established by this Convention on its first day. There are also several matters within it which were raised by other working parties, which I feel have, so far, fallen through the cracks in this Convention. I would like the opportunity to argue this case further and not, at this stage, to argue the merits of the particular items within it.
CHAIRMAN- Is leave given by the Convention for Mr Elliott to proceed in introducing his amendment? Leave granted.
Mr ELLIOTT- I move:
Insert at end of paragraph e(11): "Including
the role of the three tiers of government; the rights and
responsibilities of citizenship; whether the Commonwealth should
have an environment power; the system of governance and
proportional representation; whether the mechanism for
constitutional change should be altered; constitutional aspects
of indigenous reconciliation; equal representation of women and
men in parliament; and ways to better involve people in the
political process." As I said, in seeking leave, the items contained within my amendment are all items which were raised within a working party which was established by this Convention on day one. There were a number of delegates who were, in fact, elected on platforms that went beyond just the questions of the republic. On day one they were obviously very keen to discuss those, but it was made very clear that the opportunity was not going to be there in any detailed sense. It seems to me that, having established the working party, it would be very wrong of us to not at least give some consideration to the matters that were raised by it. Several of these items were also raised by other working groups and, as I said in my introduction, I think they have fallen through the cracks so far. Let us just look at a couple of these items. I ask people at this stage to recognise that I am not asking for constitutional change. What I am asking for is that these issues be considered by a constitutional convention. They are all issues that are being raised very strongly within the public, and they deserve attention whether or not you agree that a change is necessary. That is all that I ask you to acknowledge: to acknowledge that there is significant concern about these issues within the public. Let us take some examples. There are the three tiers of government. There have been several attempts within this Convention to have `local government', for instance, inserted within the preamble or at some other point within the Constitution. The issues surrounding local government do deserve further attention. As a member of a state parliament, I have become gravely concerned about the impact of the current revenue raising arrangements within Australia. They are issues which deserve to be addressed, and addressed within a constitutional context. Really, we cannot delay that consideration much longer. Mr Chairman, while the question of indigenous occupation is now going to be raised within the context of the preamble, this Convention also decided that the preamble should have no legal force whatsoever. There are many people, I think, at this Convention who would argue that there are issues surrounding the indigenous people of Australia that should be contained within the Constitution proper. Again, those issues deserve to be given thorough and prompt attention. And, if we are to establish a constitutional convention beyond this one, they are some of the issues that really must be addressed as a matter of priority. Mr Chairman, it is not my intention to go through each of these issues individually; there may be members of this Convention who would like to do that. I simply say to you that each of these issues is important to a significant number of Australians and that they deserve the attention of a future constitutional convention.
CHAIRMAN- I understand the amendment is seconded by Ms Catherine Moore. Do you wish to second the motion, Ms Moore?
Ms MOORE- Yes. I am one of those people who were elected to this Convention on a broad platform, and I welcome this amendment. This is not an exhaustive list; it is merely the beginning of some suggestions that we are putting to a group or a series of groups to take out into the community for community consultation. That is what we are on about, and that is what I hope people will support today. To the people who are
afraid of constitutional reform, I say: please be part of the
process because, if you believe in the Constitution as it is, it
is up to you to get out into the community and argue to keep it
as it is. But there are others of us who want to see it broadened
so that it encompasses some of the things that we have
highlighted during this Convention as being important in a move
towards a democratic nation, whether or not that nation be a
republic. ·=============== Last updated: 21 October 2000 | |||
