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Lindsay Fox
Address to the Constitutional
Convention
Old Parliament House, Canberra
Wednesday 11 February, 1998
Lindsay Fox is an ARM Delegate
from Victoria
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A couple of months ago, I drove a
B-double truck from Melbourne to Adelaide. It was a Kenworth
truck with 525 horsepower, an 18-speed gearbox, a total length
of 75 feet and a gross tonnage of 72 tonne. I departed from
the Melbourne depot at 5.30 in the morning with my co-driver
- a fellow called David Spencer. We got out on the highway
towards Ballarat and pulled up at Pykes Creek Reservoir. At
Pykes Creek Reservoir there was a little roadhouse. David
said, "We should go in there. It's a good place to eat and
have a cup of coffee." So we pulled up this big rig and stepped
into the roadhouse. In the corner was a little old truck driver
who had been driving up and down the highways of Australia
for the last 30 or 40 years. He was just finishing his bacon
and eggs. He looked. We came in. We sat down. He picked up
his cup of coffee, looked at me and said, "Things must be
tough at Linfox if you've got to be driving." Perception often
overtakes reality.
One of the assets in my business is my
education by practical experience rather than by my having
an academic career. I want to put you people to a test and
also you people up in the gallery. Most of the customers I
deal with start with the letter 'c' - Coles, Coca Cola, CSR,
Caltex, Carlton United, Castrol - and we are currently in
a Constitutional Convention. I would like you to pick up your
right hand and make the letter 'c'. You people in the gallery
as well, because this is for you more than for anyone else.
It is not difficult. Would you please lift your right hand
and make the letter 'c'? Watch me closely. Come on, it is
not hard. Now, touch your chin. Come on. What did I tell you
to do? I told you to touch your chin, but you related to what
you saw and you touched your cheek, not your chin.
We have a huge obligation to try to show
in the simplest manner to the Australian people a story that
they can follow; not about what they need to read but about
what they can see and understand. I came to this Convention
with a view that the Australian people wanted a republic.
This is also my position. To achieve this end, I looked at
what I believed was a simple approach. Firstly, the Queen
to be replaced as head of state by an Australian. Her or his
title could be Governor-General or President. We have now
agreed that 'President' should be the title. Secondly, how
to appoint or dismiss the Governor-General or president to
and from office. In essence, that the Governor-General's job
should be transferred to the office. Thirdly, changing the
Constitution to allow the implementation of that simple change.
If I had a toothache, I would go to a dentist.
If I needed surgery, the first thing I would ask is who the
best surgeon was to take the scalpel and fix what I needed.
Here we have the best constitutional lawyers in the land.
They should be able to come up with the appropriate answer
because, if I were doing these three processes in my own business,
I would have them well and truly covered in a very short period
of time without using 152 people to come up with that outcome.
That means that the issue to resolve is
the appointment or the dismissal of the president. I believe
this would involve a joint sitting of the House of Representatives
and the Senate to elect the head of state. I guess this is
the model most favoured by the Australian Republican Movement.
A candidate would be nominated by the Prime Minister and seconded
by the Leader of the Opposition, possibly after many hundreds
of names were submitted by the public and state and local
governments and organisations, and considered by a special
parliamentary committee. The head of state would need to be
elected by a two-thirds sitting of the parliament and this
would mean that, to become head of state, the nominated person
would need a majority of the representatives of the Australian
people to support him or her.
As for the dismissal, there may be extraordinary
circumstances in which it is necessary for the head of state
to be removed. The favoured ARM position is for removal of
the president by a simple majority of the House of Representatives
on a motion from the Prime Minister. The Prime Minister's
action would need to be presented to a meeting of the House
of Representatives for ratification within 30 days of the
removal of the president. This ensures that the Prime Minister's
action must be ratified by the people's House. This model
deserves our full consideration and it is up to us to choose
the one which best suits the constitutional arrangements.
Let me tell you about the judgment of Solomon
- not my mate Solly Lew, or Solomon Lew, of Coles Myer fame,
but from 1 Kings, chapter 3, verses 16 to 28. Two women were
arguing about the rightful ownership of a child. "Bring me
my sword," said the King. A sword was brought into the King's
presence. "Cut the living child in two," the King said, "and
give half to one and half to the other." The first woman said,
"If it please you, my Lord, give her the child." The other
said, "She will belong to neither of us. Cut him up." Then
the King gave his decision. "Give the child to the first woman
and do not kill him. She is his mother." All Israel came to
hear of the judgment that the King had pronounced and they
held the King in awe, recognising that he possessed divine
wisdom in dispensing justice.
Over the next few days, we need to
act with the wisdom of Solomon and the commitment of the first
woman, who was prepared to give up the child rather than let
him be cut in half. We need to create an outcome in the interests
of all Australian people, and some of us need to take a leaf
from the first woman. Let us go forward with a republic for
Australia and make our two-week commitment well worthwhile.
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