Parliament can give us a short cut to a republic

by Robert Murray
smh.com.au, 29 Nov 2001

Delegates gathering at Corowa this weekend for the next round of republic skirmishing could consider an easier way of doing it than the long grind of constitutional amendment.

The short cut would be for the Commonwealth Parliament to simply pass a law declaring the Governor-General the Australian head of state. Each Governor-General's appointment would probably still require endorsement from the Queen as a final symbolic act, but this simple legislative change would take us from 80 per cent de facto republic we have today to a 90 per cent republic.

It would allow an eventual change to a full republic through amendment of the Constitution, but would take the "foreign head of state" heat out of the debate and leave the way clear for discussion of the best way to appoint a fully republican head of state.

A similar system could apply for state governors.

The plethora of proposals before the Corowa People's Conference of some 450 delegates, starting on Saturday, assumes constitutional change to a full republic.

But none leaps out as a way to overcome the low priority the public give to the issue, confirmed recently with the re-election of an anti-republic Prime Minister. Nor are there proposed solutions for the stubborn cleavage between those who support direct as against parliamentary election of the head of state.

The conference is looking at a "process for resolving the head of state issue" rather than new "models". The thrust of the proposals is towards all-party committees of the federal and state parliaments investigating and recommending on whether there should be "separation" from the monarchy and the best way to accomplish it. This strategy is considered most likely to produce a system acceptable to both sides of politics.

But whether these or any other proposals get the blessing of the conference, the road to a republic looks like being increasingly long and tedious. This is why a short cut is needed.

If legislation is changed to make the Governor-General head of state, the office could be strengthened and "naturalised" by making it law that the appointment must be endorsed by a stipulated council of former senior office holders, such as former governors-general, governors and judges. This is the "McGarvie model", which has also been advocated as the least radical and safest way of appointing and dismissing a republican head of state.

Either way, the Prime Minister would continue to select the nominee, as has been the practice for more than 70 years and is envisaged by all but the direct electionists. By law this council would also have responsibility for dismissing the Governor-General, at the request of the Prime Minister.

Another simple step towards a republic would be to replace the present outmoded Queen's Birthday holiday with a Commonwealth Day on May 9, the date of the first meeting of the federal parliament in 1901. The few official functions remaining for the Queen's Birthday could be transferred to that date. The 99 per cent of Australians who above all want a public holiday would probably have better weather than in mid-June.

These changes follow the pattern of a century of evolutionary adaptation of the Constitution in accordance with practical needs, but avoid the pattern of failure in attempts to change it drastically by referendum.

A comfortable majority of Australians would welcome it, if opinion polls are a guide. These show a big majority for an Australian head of state, a slender majority favouring a republic, but huge and continuing disagreement over whether the head of state should be popularly elected or chosen by a two-thirds majority of Parliament.

Once the "foreign head of state" issue is settled, a calmer, concentrated debate can begin on whether there should be a further step to a full republic and, if so, whether the McGarvie model is enough for final selection of the head of state or should be replaced by either popular or parliamentary election.

A parliamentary committee would be a better way of handling this difficult question than the wide-ranging academic and public debate we have had so far.

Robert Murray is a Melbourne writer and delegate to the Corowa people's conference.