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Bob
Mainwaring warned me in advance of your loyal
toast! I just want to reassure you that I will
not take offence; but I'm gently putting you on
notice that after we become a republic you might
want to think about changing that.
It is timely that I speak to you tonight on the
issue of the republic. This Wednesday night the
Prime Minister will at last release the preferred
government position on the republic some 13 months
after the handing down of the Republican
Advisory Committee report. So the government
has had a long time to consider the issues and
I would expect that we will be seeing a renewed
public debate on some of the key issues in the
coming weeks.
But before moving to one of these issues, the
topic for tonight's address being the options
for the appointment of an Australian head of state,
which is after all the prime objective of republicans,
I would like to make a few general observations.
Firstly we should all bear in mind the importance
of not allowing this whole debate to degenerate
into a contest between the different sides of
politics. It is far too important an issue to
become a political football, and to be honest
there is a degree of cynicism in the electorate
towards politics in general.
At the very least, whether Australia become a
republic or not, this whole debate provides us
all with the opportunity, as we approach our centenary
of federation, to take stock of how we have developed
as a nation over the last 100 years.
To the men, and they were all men, who drafted
the constitution late last century, this country
would be unrecognisable today. They attempted
to create a document that would stand the test
of time, that would lay down the basis for a stable
system of representative government and, by and
large they did. Yet they also understood and made
provision for us to change the constitution as
society itself changed over the years. The constitution
was designed to be a living, working document,
and not something carved in stone, carried down
from the mountain on two tablets.
So we should all remember that as we grow and
mature as a nation, it is appropriate to sometime
pause and take stock, see where our best interests
lie and I believe continually engage in a process
of re-evaluating and redefining ourselves, without
turning our backs on our history, but with an
eye always to the future and what is best for
our children and their children.
Yet I think our founding fathers would be very
disappointed to know that so many Australians
are so unaware of our civic systems - the very
systems which guarantee our stability are so much
taken for granted. Indeed an officially conducted
opinion poll in 1988, the year of our bicentenary,
showed that 40% of Australians didn't even know
that Australia has a written constitution.
As republicans we are obviously promoting change.
But we are well aware that we must prove our case
to the majority of Australians. And to do that
we take every opportunity to encourage the raising
of people's awareness of the options and more
importantly, their implications. We believe a
more informed Australia will be in a better position
to judge the options objectively, and be able
to distinguish between what are the real issues
and what are not. People should not be subject
to manipulation from either side in this debate
and their best protection is knowledge, not propaganda,
not hype but objective knowledge.
I believe that in the long term a democracy is
a bit like a marriage. If you want it to work,
you have to work at it. Good communication and
an attitude of goodwill among the participants
is essential. Complacency, apathy and taking for
granted today's stability is a risky strategy
for long term harmony in a marriage and in a democracy.
That's why we are trying to get more and more
people involved in this debate - because while
the high flyers may have put the issue on the
national agenda, this is not Keating's republic,
it's not Turnbull's republic or any other individual's
republic. If we are serious about a republic,
it must be Australia's republic - to borrow a
phrase: a republic OF the people, BY the people,
FOR the people. That is the true essence of a
democracy. Because we are democrats first, republicans
second. It is because we truly believe in democracy
that we want a republic. But if at the end of
the day, the people do not, we will still be at
least partially satisfied. Because at the very
least, this whole process by raising the level
of understanding of important constitutional issues,
will strengthen our democracy.
Now one of those issues, the one I wish to address
tonight is the question is whether the people
directly elect the head of state or whether he/she
should be appointed by some other means. As I
say, by going out into public forums like this
and examining the options, you will be better
placed to evaluate the pro's and con's of the
different positions people are taking on this
issue, and then be better placed therefore to
make up your own mind.
Before we can answer this question, we must ask
the more fundamental question, what role do we
want the head of state to perform and the related
question, what powers do we want the head of state
to exercise?
Once we have an answer to these, the next question
to ask is what are the options for appointment
of head of state and which of these is most conducive
to the role and powers we as a nation have said
that we prefer?
If we want the head of state to perform the kinds
of tasks and exercise the kinds of powers that
the current Governor-General performs and exercises,
then I suggest the best way of achieving this,
that is preserving the status quo (but with an
Australian as head of state) would seem to be
by appointment by parliament as opposed to direct
election by the people.
If we look at the Irish model whereby the head
of state is elected by the people there are a
number of potential consequences which by all
accounts the people of Australia would not wish
our head of state to have, namely a mandate equal
to if not superior to the head of government,
that is the Prime Minister.
We must remember that the individual Prime Minister
owes his or her position to the election by his
or her party machine (the federal Labour caucus
or the Parliamentary Liberal Party - for example
that might only be 50 or 60 votes out of double
that number) - a very unrepresentative process,
indeed undemocratic if we define democratic as
best representing the will of the majority of
Australian voters.
Indeed the Prime Minister's very position in parliament
is the result of only the votes of a majority
of electors in their own electorate - and that
might only be 50 or 60 thousand voters. If you
add both those figures together, that is the number
in the electoral majority and the number in the
caucus majority, you get a number infinitesimally
smaller than the number representing a clear majority
of Australian voters across the entire Australian
electorate which is what a head of state by election
would achieve. Indeed on these calculations there
are senators with a greater numerical mandate
than the Prime Minister!
And yet look at the powers the Prime Minister
has. As head of government and chair of the cabinet,
he or she wields a potentially vast power - the
power to appoint other ministers of state, to
greatly influence every aspect of domestic and
foreign policy, to raise taxes, to call elections,
to declare war.
Now a head of state who could point to a majority
of Australian electors (say 3 million) as his/her
power base would command a significant moral authority
and democratic mandate greater than the Prime
Minister, any individual Minister, any individual
MP, any state premier, indeed a mandate greater
than the entire Federal Cabinet collectively -
and in fact would only be matched, and in some
situations not even then, by the entire government
- backbenchers, cabinet AND Prime Minister!
That is one mandate!
Now of course we could say that having a mandate
is one thing, but a mandate to do what?
The government has a mandate to govern, to make
laws for all Australians, whether they voted for
the government at the last election or not.
At present, the Governor-General has by virtue
of his constitutionally defined powers at least,
less power - particularly when we take into account
the conventions which limit the exercise of his/her
powers and require him/her to act only on the
advice of the Prime Minister. Yet in relation
to his/her reserve powers, there are instances
e.g. in 1975, where he is not bound to follow
prime ministerial advice and can trigger a constitutional
crisis.
At least, under our present system of government
the people voice is ultimately heard with the
dissolution of parliament culminating in a fresh
election.
Nevertheless the powers are there - and with the
benefit of a popular mandate, a future Governor-General
may feel less constrained by convention, (particularly
when we remember that conventions are unwritten
and in the case of those pertaining to reserve
powers, discretionary) - to go beyond their limits.
Indeed while those who argue for the retention
of unwritten conventions on the basis that they
provide flexibility for coping with previously
unforeseen circumstances, the question is well
put, how do we tell the difference between the
legitimate extension of an existing convention
to deal with a new situation, as opposed to a
breach of convention.
Some argue that conventions should be committed
to paper to avoid this kind of problem. While
I don't wish to pursue that question here, I simply
make the point that we must be very careful in
how much scope we provide the head of state for
`lawmaking' particularly when it is not our intention
to extend their powers beyond that which they
currently exercise.
So while the concept of a popularly elected has
has some superficial appeal to the notion of democratic
rule, we must be careful that we don't inadvertently
give rise to undemocratic consequences.
In fact I suggest that the present system whereby
the Prime Minister alone appoints the Governor-General
may in some ways be a safer one to popular election
since that mandate problem is avoided. It is interesting
that there has been very little debate in recent
times as to this inherently undemocratic method
of appointment, and the scope for abuse it provides.
It can certainly raise questions about the perception
if not the reality of jobs for the boys, and repayment
of past favours.
I don't know that prime ministerial appointment
is therefore an optimal solution. Indeed in the
post mortem of the 1975 debacle, and I use that
term advisedly, given the turmoil and division
those events created in Australian society, questions
were raised about how much Sir John Kerr's actions
were the product of panic and a pre-emptive strike
against Whitlam, before Whitlam could dismiss
Kerr. Given the seriousness of the events, one
would have thought a better checking system would
give rise to a more considered and perhaps democratically
acceptable solution to the gridlock that the Governor-General
found himself in.
It is for these types of reasons that the appointment
of a head of state by the vote of a say a 2/3
majority of parliament has more attraction. The
advantages are threefold:
-
It
is at least an indirect democratic appointment,
since it is our elected representatives, to
whom we must remember, we have delegated the
task to make laws on our behalf.
-
Presumably,
appointment by this method would also mean
dismissal by a similar 2/3 vote, thereby alleviating
the risk of a head of state acting hastily
for fear of a potentially arbitrary dismissal
by one person (as it now stands, it is the
Queen who actually appoints and dismisses
the Governor-General, but by convention she
is bound to act on advice of the Prime Minister).
In a republic without a Queen, there may be
no practical difference except perhaps a time
element, which may make it more important
that the decision to dismiss be one of consensus.
-
The
mandate problem is largely overcome because
the head of state's power base is at least
one step away from the people themselves,
and a 2/3 majority of both houses is more
likely to represent a greater range of political
values than say a 51 per cent direct majority
of electors would give - this also has implications
for the type of person we are likely to get
as head of state, an issue to which I will
now briefly turn.
Australians
when asked in the polls what kind of person they
would want as head of state are fairly united
in at least one regard - they don't want a politician
in the job!
Whether this is a statement about politicians,
or about the job, I'm not sure, but I suspect
it's the former.
This is an interesting observation when we consider
that if you ask people what they think of the
present Governor-General, most will tell you he's
doing a pretty good job, or at least not a bad
one. In fact we have had 4 ex politicians as Governor-General
since Federation, and by all accounts they all
performed competently. I suspect that if you asked
many Australians living today (politics aside)
who they remember as a not so good Governor-General,
Sir John Kerr, and ex Supreme Court chief justice
would not rate as highly. I make no statement
about Sir John himself, but only to illustrate
the apparent logical inconsistency underlying
the opinions that many Australians seem to hold
in this debate. Part of the problem may be an
apathy to look further into the issues before
forming an opinion. Part may be selective coverage
of issues by the media.
I should mention while I'm on this point that
the major task confronting the republican movement
is the teasing out of inconsistencies like these
and reflecting them back to the public. It is
remarkable how when you do this that people become
a lot more receptive to the republican position
in general, and more willing to change or at least
moderate their opinions on specific issues.
Not that I'm saying that we should have a politician
as head of state - this is simply an observation
on how some people think.
And on that point, while many people I've spoken
to tell me, almost as a reflex action that `OF
COURSE the people should elect the head of state',
popular election is actually far more more likely
to deliver a politician or at least an ex politician
into the job. By the way, I should tell you I've
noticed that if you refer to the head of state
as `president' the popular election response is
all the more vehement. I have a theory that this
may actually have something to do with a subconscious
influence of US or French style of appointment,
yet the US system of government is so fundamentally
different in terms of the powers of their president
that the two systems are really not comparable
at all. I find that when I refer to our head of
state as simply `head of state`, the insistence
on popular election seems to mellow. We can in
fact call our head of state anything we want:
Governor-General, top banana, boss cockey, the
possibilities are endless... in fact it could
be a good competition question.
Getting back to the issue of how to keep a politician
out of the job, if that's what we want to do,
we have to bear in mind a number of realities:
-
political
parties are experts at promoting candidates,
playing the media, doing all the things that
need to be done to get people popularly elected;
they would also be the ones most likely (unless
Kerry Packer wants to have a run) to have
the funds to wage a US style presidential
campaign; and who are they likely to be putting
up ? ... well you can bet it won't be a retired
opera singer.
-
there
is also the observation that non political
figure may be less willing to expose themselves
to a campaign for popular election, and so
we may be deprived of some top prospects by
insisting on this method of appointment. As
I wrote in reply to `the statue' affair, the
present Queen were she an Australian living
in Australia would make an outstanding head
of state. But I couldn't see her running the
electoral gauntlet.
I
am not saying that I don't think a politician
couldn't make an effective, honest and inspiring
head of state. Indeed Constitutional lawyer Michael
Stokes made the observation at our Hobart seminar
on this very question , that if Sir John Kerr
had been a ex politician, he may have had the
political savvy to stonewall both Fraser and Whitlam
into negotiating a way out of the bind they were
in, knowing that as supply was running out the
intractability of their positions may have given
way to a compromise. But we'll never know the
answer to that one.
What I am saying is that if the people of Australia
truly want a head of state who has no political
past, perhaps popular election is not the best
way to go.
In closing, I must emphasise this. The republican
movement generally favours the appointment of
a head of state by the parliamentary route, it
being the best means of achieving a head of state
with the kinds and extent of powers closest to
what we have now.
But if after listening to all the arguments, and
understanding the implications of the various
options, Australians, from an informed position,
still want to elect the head of state, then we
will happily go along with that. It will simply
mean that the constitutional powers will need
to be far more clearly defined and limited in
accordance with the role and the powers that we
as Australians wish to confer on our first truly
Australian head of state.
Thank
you.
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