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I
last spoke to the National Press Club in July 1982,
a few days before my term as Governor-General came to
an end. Soon afterwards, we - my wife and I - went off
to England in the container ship Botany Bay. We were
going to Oxford, where for the next eight years I was
to be Provost of Oriel, the head of my old College.
Those eight years were filled with interest and activity.
There were problems in the college to be faced and resolved;
there were big tasks, not the least of which was the
raising of 5 million pounds for College needs. For the
second time in our lives, Oxford was a wonderful experience.
There were some special occasions associated with Australia
during those years. One which remains vivid in memory
was the invitation in 1988 to deliver the annual Churchill
Lecture which was held in the historic Guildhall in
London with a large invited audience. That was the year
of Australia's Bicentenary, and I took the occasion
to speak about our country - Australia - as I saw it
at that historic point.
Not long after I arrived in England, I was invited to
assume the Office of Chairman of the British Press Council.
It is a comparatively long established Press Council;
its previous Chairmen had been eminent lawyers, and
I was much honored by the invitation and certainly surprised.
I had no significant Press experience, and certainly
little knowledge of or practical association with the
British Press. So that when I was asked "Why you?".
I could only respond "Why me indeed." It was suggested
that it took and Australian to catch an Australian,
but that isn't really good enough, although to be sure,
that Australian proprietor provided us with a good part
of our business. I served for five years; they were
not easy, and we had to meet the charge of being "toothless
tigers". I think that we served a useful role, and we
attempted to spell out, apply and explore principles
and issues relating to the freedom and responsibility
of the Press in a democratic society.
This surprise appointment was matched by another when
we returned to Melbourne in 1990. The problems which
then beset Fairfax had a wholly unanticipated consequence
for me. Bidders came in quest of the ailing giant, and
I was approached by Conrad Black, the Canadian head
of a bidding syndicate, who asked if I would be Chairman
in the event that his bid was accepted. Once again:
why me? The answer, you are not likely to guess, is
that it had to do with a shared interest in the great
Cardinal Newman who had a long and special connection
with Oriel College. The centenary of his death was commemorated
in 1990. I met Conrad Black at a London party, and we
fell to talking about Newman. Conrad Black is a learned
man, and well read in Newman, and I invited him to special
Oxford events in the Newman celebration, and to look
at out collection of 'Newmania.' So when his syndicate
was successful in the bid for Fairfax, he knew on Australian
and he asked me to be Chairman, and that certainly surprised
me. So Fairfax followed the Press Council in my life;
I was a gamekeeper turned poacher. I was Chairman for
three years, and on the Board for two more. It wasn't
easy, particularly in the early days, but it was a valuable
experience.
I should tell you that one of my early tasks was to
negotiate a Charter of Editorial Independence with the
David Syme and Fairfax journalists. With the assistance
of Greg Taylor, whose knowledge and experience of David
Syme was vast, we negotiated carefully and achieved
what I believe was a good outcome. Agreement with the
Fairfax journalists followed, and I think that I can
say that an issue likely to lead to recurrent industrial
trouble was put to rest.
That is a long time in the past, but my life is still
filled with speeches, with memberships, patronages,
chairmanships, and, as I approach my eightieth birthday
early in October, I report myself happily and fully
employed.
Over a long period, I have been interested in exploring
the role of the Governor-General, and I have written
about it. It happened that I was the biographer of the
first Australian-born Governor-General, Sir Isaac Isaacs,
who held the office from 1931 to 1936. His story is
a great one, but I cannot take time to tell it beyond
saying that there was a great deal of controversy over
his appointment. The appointment was ultimately made
by the reluctant King, George V, on the advice of the
Australian Government. The Australian Government judged
that the time had come for a change, and the Isaacs
case established that the advice on appointment was
that of the government of the country concerned. No
one would now dream of questioning that. Yet at the
time of Isaacs' appointment, the federal opposition,
led by John Latham, complained that the procedure adopted
was a 'profound mistake', which struck a 'heavy blow'
at the very roots of the cherished imperial relationship.
The deputy opposition leader went so far as to declare
that Isaacs' appointment was a demonstration of sheer
partisan violence.' It is a cautionary tale.
Yesterday's radical heterodoxies are today's simple
orthodoxies. Today, it seems to me, we are hearing the
same sort of extreme language, the use of emotive and
violent words to generate a sense of fear as to the
consequences of a republic. There is no more fear from
the proposed republic we are to vote on than there was
to fear in 1930 from the King appointing the Governor-General
of Australia on the advice of the Australian Prime Minister.
The point at issue, in the current debate on an Australian
republic, is whether the time has come for a change
from a constitutional system which incorporates the
monarch - who is the British monarch - to a republic
with an Australian President designated or chosen in
an appropriate way. With us, there has been a constitutional
evolution so that the Governor-General is now invariably
Australian, is appointed by the monarch on the advice
of the Australian Prime Minister, and exercises the
functions and powers of the office to the exclusion
of the monarch herself. It is said that with this evolution
in our institutions, Australia is in practise a republic.
This being so, the opponents of the republic argue that
we have achieved the substance of independence within
the existing framework of government and that it serves
no national interest to go further, risking community
divisions without compensating benefit.
Now this was an argument which commended itself to me
at the time at which I gave the Churchill Lecture in
London's Guildhall in 1988, the year of the Australian
bicentennial. In that year, a Constitutional Commission
appointed by Mr Hawke as Prime Minister in 1985, made
no recommendation for a constitutional change to a republican
form of government for Australia, judging that there
was not sufficient support within Australia for such
a change.
Since then, and within a few years of that time, there
has occurred what has been described as a "sea change"
and Sir Ninian Stephen said in 1991 that the issue of
Australia becoming a republic "was engaging the attention
of the Australian people more than any time in the past".
The Prime Minister, Mr Keating, was a strong advocate
of an Australian republic and he stated government policy
in a powerful speech mid-1995. The argument has been
formulated in a recent address by the distinguished
Australian conductor Simone Young. She said:
"I
cannot stand by without adding my voice to the call
to have trust in ourselves and finally take the step
to have an Australian head of state. It may not seem
terribly important to some people here, but as an Australian
who spends many months in other countries, I find myself
constantly defending our independence and identity from
the assertion that Australia is still essentially a
British outpost. Yes, our sportsmen and women are admired
and envied, our artists and musicians appreciated and
celebrated, our excellence in the field of scientific
research applauded - but as long as the Queen of England
is also the Queen of Australia we will not be considered
an independent land. It is really as simple as that.
It has nothing to do with our historic ties to Great
Britain - they exist and cannot be erased; in fact it
has nothing to do with a like or dislike for England.
I am in fact an anglophile and have chosen to make my
home there; it is simply a question of whether we have
enough trust in ourselves to change one of the outward
signs that expresses our identity to the world. I fear
that this historic opportunity may be lost - an opportunity
to become symbolically that which we have been in reality
for many years. Some may claim that such symbols are
unimportant but these are the symbols that strangers
recognise us by!"
This seems to me very well stated and highly compelling.
It is not only by such symbols that others know us.
It is by such symbols that we know ourselves. I believe
that a distinctly Australian President can more effectively
represent Australia to itself and to others than is
possible under our system of monarchy.
In September 1997, I gave an address at Georgetown,
Washington D.C., entitled One Hundred Years a Nation:
Australia looks to 200, in the course of which I said
that I had come to believe that the symbolic change
to a republic should be made and that it was a matter
of importance for an independent Australia to state
simply and unambiguously our national status in constitutional
terms. We would retain our parliamentary system unimpaired.
We would have a Head of State who was an Australian
citizen and resident who is exclusively ours and who
fully and unequivocally symbolises our nation.
I further developed my thinking in the Hawke Lecture,
given in Adelaide three months ago, and I would like
to draw on some of what I said there.
The arguments for direct election of the President of
an Australian republic continue to be resisted. I would
like to persuade supporters of direct election that
they are wrong and that if they want a republic, they
should support this referendum. Proponents of the direct
election - whose integrity I respect - say frequently,
and with emphasis, that they do not want a 'politician'
as President of Australia. Yet the method of election
proposed in the referendum begins with the public nomination
process and ends with the requirement that the person
nominated by the Prime Minister have bi-partisan support
from at least two thirds of the Parliament. Further,
present members of Parliament and members of political
parties are specifically excluded. It is a system deliberately
designed to bring forward a non-partisan President.
Contrast this with the situation under direct popular
election. Nothing that I have so far heard persuades
me that direct popular election would mean other than
a divisive campaign, involving candidates endorsed and
funded by the major political parties and appealing
for support from one or another pressure group. That
system would seem to guarantee the emergence of a contentious
political figure, the very creature that the direct
election advocates say they do not want. It would also
very likely ensure that the non-partisan figures, who
have recently held the office of Governor-General, would
disappear from consideration. For myself, I can safely
say - as I have said before - that whilst I would have
been willing to allow my name to go forward with bi-partisan
support to a joint sitting of Parliament, I would not
have agreed to become a national political player, puffing
my own merits and appealing for party support.
The misunderstandings at the heart of the argument for
direct election of the President are, I think, not unconnected
with widespread misconceptions concerning the role of
the President. As the powers proposed for the President
are to be the same as those exercised by the Governor-General;
perhaps I can speak with some experience of the subject.
It should be said emphatically - that the Office of
Governor-General or the Office of President in an Australian
republic - is neither a rubber stamp nor a mere ceremonial
ornament. The occupier of the Office must work long
hours, and will be required to master a very broad range
of materials, reflecting the unique nature of the Office.
Thus it is that the Office is the focus for constant
meetings and functions, which reflect the remarkable
diversity of groups and individuals in our society.
As well as providing opportunities for recognition and
dialogue, the President can act as a non-partisan focus
of unity, especially at times when society is driven
by political discord. That was certainly my experience
of the Office of the Governor-General.
There are also the essential constitutional roles of
the Governor-General or President. I do not wish to
speak at length now about these duties and powers, subject
as they are to the conventions of our Constitution,
and exercised nearly always on ministerial advice. Suffice
to say that these roles are crucial to the workings
of our system of government, may involve such matters
as the dissolution of Parliament and the appointment
of ministries, and include the discretionary reserve'
powers.
But in my experience the most important - and the most
moving - aspect of the Office was the opportunity for
daily communication with so many different Australians.
I think that I have said enough to make it clear that
the holder of the Office of President will face a formidable
range of duties, requiring the fullest exercise of intellectual
capacities, fact and judgement, and a quite exceptional
ability to relate to people at many different levels
of society. I have every confidence that the processed
mode of election of a President by at least two-thirds
of the Parliament will encourage the emergence of someone
with those essential qualities. However, I am much less
certain that such a person will be found by direct popular
election. An individual elected to the office of President
with a turbulent political campaign may well not be
conspicuous for qualities of reflection, empathy and
restraint.
The very means of gaining office may in fact, encourage
the President - who will then be the only public office
holder with direct democratic legitimacy - to expand
the powers of the Office in such a way as to rival the
Prime Minister and the Parliament. We do not know what
the end result might be of such a change in our constitutional
balance, but there is no doubt that it could create,
at the least, a most undesirable element of instability
in what has hitherto been a remarkably stable system.
Those who presently support the direct election model
on the ground that will not produce 'just another politician'
might consider the likely consequences, which may be
rather different from what they imagine.
Those who wish to see an Australian republic have the
opportunity to endorse a system that should ensure the
election of a non-partisan figure. A process which requires
that the Presidential nomination be moved by the Prime
Minister, seconded by the Leader of the Opposition,
and approved by at least two-thirds of the Parliament
is surely much better than the existing system, where
there is a constraint on the Prime Minister choosing
the Governor-General, and then advising the Queen of
that choice. I therefore support the Constitutional
Convention's proposal that the President be elected
by two-thirds of a joint sitting of the two Houses of
federal Parliament. This is the proposal which will
be put to the people in November this year, and I believe,
as I have said before - that it can be safely recommended
to our fellow citizens as giving us an Australian head
of state without radical change to our parliamentary
system. I agree with the Attorney-General, Daryl Williams,
who says that this is "a safe, workable proposal for
a republic and continues our tradition of stable parliamentary
democracy."
There is also a formulation proposal for dismissing
a President. In my Washington lecture, I argued that
issues of procedure for appointment and removal are
not necessarily identical in my view, the President
should have a fixed term, which may very reasonably
and properly be brought to an earlier end by showing
of physical and mental incapacity to perform, or by
proof of serious misconduct or misbehaviour. It would
be necessary to establish an appropriate body to determine
such questions. Although I favour developing such a
procedure, I would not regard the proposed mode of removal
of a President as so objectionable as to lead me to
vote down the whole proposal for a republic.
Indeed, I believe the proposed procedure is no worse
than, and probably better than, the current system in
which the Queen may remove the Governor-General on the
advice of the Prime Minister. As things stand, the Prime
Minister is under no obligation to explain such an act
to Parliament, or to ascertain that he or she, retains
Parliamentary support.
Likewise, I would respectfully ask of those who say
that they will vote against the whole proposal, unless
there is a direct election for the President, to reconsider.
They are people who support a republic; to bring it
down and maintain the status quo seems to me to be the
wrong course, and I would ask them to think again.
Then there is an area of possible confusion. I have
great difficulty in understanding the point of the Parliament
put by monarchists that the Governor-General is, under
the existing constitutional arrangements, our 'real'
Head of State, saving that the Queen has become the
'symbolic' Head of State. I find it very difficult to
say what that argument is designed to achieve. I t appears
to assign to a monarch a very subordinate position which
fits strangely with opposition in the establishment
of a republican structure. If the monarchists then are
unwilling or unable to address the central question
of the monarchists continuation as our Head of State,
then there cause must be seen to be gone by default.
What is the case for a constitutional monarchy if you
are reluctant to mention the Queen?
I have come to the conclusion that a republic is appropriate
for Australia, and I therefore have given my support
to it. It is an argument on the appropriate status for
contemporary Australia, a judgement which acknowledges
that the monarchy has served us well. I now believe
that the time has come, in the evolution of Australia's
independent national identity, for us to have a truly
Australian constitutional Head of State.
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