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I
move that the Bill be now read a second time.
Introduction
I place before the House today a Bill to provide the
basis for a referendum on whether Australia should become
a republic.
The Prime Minister made a commitment to the Australian
people at the close of the 1998
Constitutional Convention that the Government would
put the Convention's model for an Australian republic
to a referendum in 1999.
The Government aims to meet that commitment by putting
before the Australian people on 6 November the proposal
for constitutional change that I have introduced today.
As a Government, we recognise that the Australian Constitution
has served Australia well. It binds our nation together.
It has established a stable federal framework of government
and endures as the foundation for our democratic institutions.
It is precisely because the Constitution has served
us so well, and proven so durable, that constitutional
change must not be undertaken lightly.
However, as a Government, we recognise that the Constitution
is not immutable, and was never intended to be. As Sir
Robert Menzies recognised, the Constitution is not a
social or political straitjacket inhibiting consideration
of change in a changing world. In providing for its
own alteration in section 128, the Constitution looks
to the future and acknowledges the possibility of change.
It gives the Australian people the right, and the responsibility,
to decide whether there shall be change.
In the referendum procedure, it provides what is arguably
the most rigorously democratic mechanism for constitutional
change to be found in any national constitution. A majority
of electors must vote in favour of change. In addition,
there must be a majority vote in a majority of States.
It might once have been thought that the preamble to
the Imperial Act which originally set out our Constitution,
in referring to a federation under 'the Crown of the
United Kingdom of Great Britain and Ireland', could
preclude a decision by Australians that Australia should
become a republic. However, this is no longer credible.
Similarly, the idea that a republic might be established
by legislation of the United Kingdom Parliament is no
longer credible. It ignores the reality of Australia
as an independent nation.
At the end of the twentieth century, the question whether
Australia should become a republic is one for Australia
and Australians.
The
republic debate and the Constitutional Convention
Whether or not Australia should become a republic has
been the subject of discussion over a number of years.
The Prime Minister recognised this when, in March 1997,
he announced the Government's plan for a Constitutional
Convention. The Prime Minister said that the Convention
would provide an opportunity to involve the Australian
people in discussing whether or not Australia should
become a republic. It would be a forum for all voices
in the debate.
One hundred and fifty two delegates attended the Convention,
which met for ten days here in Canberra, in Old Parliament
House. Half of the delegates were elected
and half were appointed.
The reason for the Convention was quite clear. It was
to provide a forum for discussion about whether or not
our Constitution should be changed to establish an Australian
republic. Three questions were identified for the Convention:
-
whether
or not Australia should become a republic;
-
which
republic model should be put to the electorate to
consider against the status quo; and
-
in
what timeframe and under what circumstances any
change might be considered.
The Government recognised that there are sincerely held
views - in the Parliament and across the broader community
- on both sides of the debate. The Government's objective
was to allow the Convention to explore these views constructively,
in full public view, and to consider which republic
model could be put against the existing constitutional
arrangements at a referendum.
The Prime Minister announced at the time that if clear
support for a particular republic model emerged, that
model would be put to a referendum in 1999. He proposed
that, if the republic model were supported at a referendum,
the new arrangements be in place for the centenary of
Federation on 1 January 2001.
The model which
clearly attracted the greatest support at the Convention
involves a president appointed by a two-thirds majority
of the Commonwealth Parliament. At the close of the
Convention, the Prime Minister made a commitment to
put that model to the people. That commitment was re-stated
in last year's election campaign.
Developing
the referendum legislation
In March this year the Government released exposure
drafts of the referendum legislation relating to the
republic model: the Constitution Alteration (Establishment
of Republic) Bill 1999, which I shall refer to
as the Republic Bill; and the Presidential Nominations
Committee Bill 1999, which I shall refer to as
the Nominations Committee Bill.
In developing the drafts of these Bills, the Government
has been concerned to flesh out the republic model endorsed
by the Convention, but not to go beyond what is necessary
to implement that model.
The Government's aim has been to develop a workable
proposal which has broad support as an appropriate legislative
expression of the Convention model. It was therefore
important to provide the States and Territories, the
Opposition and other political parties, and interested
groups and individuals with an opportunity to have a
say in relation to the development of the proposal.
It is for that reason that the Government decided to
release its legislation as exposure drafts for public
comment. And the Government has been very pleased to
receive careful and considered submissions on the exposure
drafts. 111 submissions were received on the legislation
relating to the republic model.
On behalf of the Government, I would like to thank all
of those who contributed their ideas and opinions. Those
contributions have been of real assistance in the process
of refining the referendum proposal and have borne out
the importance of public involvement and consultation.
The Republic Bill and the Nominations Committee Bill
have been revised in light of the submissions received,
and the revised Bills are introduced today.
In developing this legislation, the Government's aim
has been to ensure as far as possible that the Australian
people are presented with a safe, workable proposal
for a republic that continues our traditions of stable,
parliamentary democracy.
The object of the Republic Bill is to give Australia
an Australian head of state who can fit in to our current
arrangements in place of the Queen and her representative
in Australia, the Governor-General.
The Nominations Committee Bill is not a constitutional
amendment but a Bill for an ordinary Commonwealth Act.
It provides in more detail for the establishment and
role of the nominations committee, filling in the very
broad outline provided by the Constitutional Convention.
The Convention resolved that the process for community
consultation and evaluation of nominations is likely
to evolve with experience and is best dealt with by
ordinary legislation or parliamentary resolution.
As this Bill would not alter the Constitution it would
not have to be approved at a referendum. Nonetheless,
it is likely to be of great interest because, in the
event that change to a republic is approved at the referendum,
it would provide the means by which the Australian people
could be involved in selecting a President. I shall
return to the Nominations Committee Bill in my second
reading speech for that Bill.
Public
information activities
The Government proposes to give the Australian people
every chance to understand the proposal on which they
will be asked to vote.
A public education programme scheduled for September
will alert people to the approaching referendum, remind
them of the issues and provide them with balanced information
in an accessible form. Educational material will be
distributed which explains the republic model, the existing
constitutional arrangements, the implications for State
constitutions and the referendum process.
The Government has established an expert panel, chaired
by Sir Ninian Stephen, to provide advice on the educational
material to ensure that it is fair, balanced and accurate.
The Government has also established Yes and No advertising
campaign committees, drawn from delegates to the Constitutional
Convention, to plan and manage robust national advertising
campaigns for and against the republic proposal in the
final weeks leading up to the vote.
In addition, the Australian Electoral Commission will
distribute to all electors Yes and No cases prepared
by Parliamentarians, in accordance with the Referendum
(Machinery Provisions) Act 1984.
The
Republic Bill
I shall now briefly turn to the specific provisions
of the Republic Bill.
The Bill comprises 3 technical clauses and 3 schedules
which follow closely the Convention model. The Bill
would establish Australia as a republic from 1 January
2001, with an Australian citizen as head of state. The
head of state would be called the President.
Schedule 1 would establish the office of President and
entrench elements of a mechanism for choosing the President.
Under this mechanism, a committee would be established
to invite and consider public nominations for President.
The Prime Minister would consider a report from the
committee before putting forward a single nomination
to a joint sitting of both Houses of the Commonwealth
Parliament. The nomination would take effect if seconded
by the leader of the Opposition and approved by a two-thirds
majority of all the members of the Commonwealth Parliament.
The Constitution would require the nominations committee
to be established and operate as provided by the Parliament.
Only Australian citizens qualified to be elected as
members of the Commonwealth Parliament could be President.
A person could not be President if he or she were currently
a member of the Commonwealth Parliament or a State or
Territory legislature, or a member of a political party.
Before taking office, a person chosen as President would
be required to make an oath or affirmation of office.
The President would have the powers, including the reserve
powers, that the Governor-General has now. And the constitutional
conventions that now apply to the exercise of the reserve
powers by the Governor-General would apply to the exercise
of those powers by the President. The President's term
of office would be five years.
The Prime Minister could remove the President by issuing
a written instrument of removal. The grounds for removal
are not specified. The Prime Minister would be required
to seek the approval of the House of Representatives
for that action within 30 days, unless an election were
held and the matter taken directly to the people.
Schedule 2 sets out consequential amendments of the
Constitution that would be required to alter Australia's
system of national government from a constitutional
monarchy to a republic. Many consequential and transitional
issues can be addressed by ordinary legislation or administrative
action. Those that must be dealt with in the Constitution
are set out in Schedule 2. Most of these are concerned
with the removal of monarchical references from the
Constitution. Almost all references to the Queen, the
Governor-General and the Crown would be removed.
The Government does not regard the Bill as an opportunity
to generally tidy up the Constitution.Spent provisions
of the Constitution would be altered or removed only
where they refer specifically to the monarchical system
of government.
Schedule 3 would add a schedule to the Constitution
setting out provisions aimed at facilitating the transition
from constitutional monarchy to republic with minimum
disruption to existing institutions and arrangements.
The new schedule to the Constitution would make provision
to ensure the continuity of existing institutions; and
the continuity of legislative, executive and judicial
action undertaken before the transition to a republic.
It would make provision for choosing the first President
before the commencement of any republic on 1 January
2001; and for enacting legislation in the transitional
period, so that the first President could take office
immediately on the commencement of the republic.
It would also make provision to put beyond doubt that
transition to a republic would not jeopardise the continuity
of the Federation or the co-ordinated operation of the
Australian system of law. Provision has also been included
to ensure that the constitutional conventions relating
to the exercise of the reserve powers are not stopped
from evolving in the way that has been possible since
Federation.
Commonwealth/State
co-ordination
A significant practical issue in any change will be
co-ordination between change at the Commonwealth and
State levels. Change to a republican form of government
would involve State constitutional arrangements, and
in some cases a State referendum would be required.In
others, the State government may decide that a referendum
should be held, even though it is not required.
The Constitutional Convention resolved that, while it
would be desirable for any republican arrangements to
commence simultaneously in the Commonwealth and all
the States, not all States may wish or be able to move
to a republic within the Commonwealth's timeframe.
On that basis, the Convention resolved that the Government
should consider whether specific provision would be
required to enable States to retain their current constitutional
arrangements following any change at the Commonwealth
level. The Convention was of the view that the Commonwealth
should not dictate State Constitutional arrangements
in the event that the Australian people voted for a
republic. It recommended that a referendum be held first
on whether the Commonwealth should adopt a republican
form of government, and that the States then make any
necessary arrangements for change at State level.
The Republic Bill would not force the States to change.
But the Government is firmly of the view that, if change
is endorsed at the referendum, it would be best for
change to occur simultaneously in the Commonwealth and
all States. The Prime Minister has written to all Premiers
seeking their firm agreement that, should the Australian
people vote for change to a republican form of government,
their governments will do everything within their power
to facilitate simultaneous change at Commonwealth and
State levels.
Provisions in Schedule 3 of the Bill - which were settled
only after considering closely State comments and concerns
- would ensure that no State would be confronted by
technical barriers if and when it sought to change in
accordance with its own constitutional requirements.
In particular, these provisions would give the Commonwealth
Parliament a 'fall back' power to amend the Australia
Acts to rule out any argument that those Acts entrench
Crown links at the State level.
This is not intended to allow Commonwealth legislation
to directly affect the State links or change the processes
a State would follow to amend its constitution. Instead,
it would merely ensure that the States could proceed
with confidence in their own processes for considering
change. The Commonwealth would not need to rely on this
power if all the States were to pass legislation under
the Australia Acts requesting the necessary amendment.
The States have indicated that the latter is their preferred
approach and that they aim to enact request legislation
by the end of July.
Consideration will be given to removing the fall back
power altogether if all the States are able to pass
that legislation by the time the Republic Bill is finally
debated. But unless all States have enacted suitable
request legislation by that time, the fall back provision
must be retained. Without it, the risk is that if one
State fails to secure passage of its request legislation
the Commonwealth would be unable to amend the Australia
Acts for the benefit of any State.
Conclusion
The Government's aim is, as far as possible, to present
the Australian people with a republic model of government
which is consistent with the outcomes of the Constitutional
Convention and is a workable proposal that continues
our tradition of stable parliamentary democracy.
It is already a matter of public record that sitting
Liberal Party members will be allowed a conscience vote
in the referendum. Some members of the Government are
likely to vote against change at the referendum and
others are likely to vote for it.
The Government is united, however, in its commitment
to let the Australian people vote on the issue. We are
confident that the proposed legislation is a fair and
effective expression of the Convention's model, and
an appropriate basis for the question that will go to
the Australian people.
I commend the Bill to the House.
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