This Bill does what Bob Carr should have done - CONSULT THE PEOPLE!!
The Office of New South Wales Governor is the foundation stone of our system of democracy - in this the oldest continuous working Parliament of the Commonwealth.This legislation enshrines the right of the people to determine the future shape and structure of their democracy. It requires that any move to either abolish or downgrade the office of Governor or the role of Government House, may not be enacted unless approved by way of referendum of the people of New South Wales.This Bill recognises that we live in one of the finest, most open democracies on this Earth and that fundamental change will require the ultimate test -a test of the will of the people.
Mr President,
Australians have passionately long held their right to assess constitutional change by referendum. However, the State Constitution, as it now stands, is silent on this issue, it is possible for the Office of State Governor to be abolished without direct reference to the people. The Government of the day may of course initiate a referendum proposal of its own will. This one didn't.
This Bill gives the people their guarantee. It allows Parliament to reach a view, in the first instance, but then requires a subsequent referendum before assent may be granted.
This Bill requires legislation before actions taken to abolish the Office of the Governor, alter the Vice Regal Role of the Governor, diminish the Governor's constitutional powers, substantially diminish the general scope of the other functions of the Governor, or to alienate the whole or any part of the Government House as the principle office or the venue for official functions, formerly customarily performed at Government House.
This Bill gives the people of New South Wales their guarantee, rather than just an option that the Government of the day might consult them.
The Office of State Governor is a foundation of our democracy, and the people must enjoy a full decision making power should any change be proposed.
The issue must be put beyond doubt, and the people of New South Wales need to be given an assurance under law that their voice will be heard.
In September last year, the Hon Ian Armstrong MP, Leader of the National Party introduced a similar Bill to this one in the another place, to ensure that the people had the right to decide on the future role and functions of the Governor, but this Government used its numbers to ensure that the Bill was not debated.
I also introduce a Notice of Motion regarding a similar Bill and was unable to proceed as time in the sitting ran out, I wasn't particularly worried as I would be able to continue early this year. Then came this temporary government's deceitful, cringing, undemocratic action of proroguing of Parliament
This has been the Premiers approach to the Governor, non consultation with the people, his Cabinet or the Parliament.
On April 16, 1995, you may remember, he had the press reporting his commitment to a review of the Office of Governor. No detail just a review.
Those reports said the successor to incumbent, Rear Admiral Peter Sinclair, quote "... MIGHT be the last".
Come June 7, the rhetoric was changing. Rear Admiral Sinclair's successor "WOULD be the last".
Along with this shift came an action of deep concern, Mr President - a move to strip the use of "Crown" in State titles such as "Crown Solicitor".
That legislation was the signal - that a sneaky, sleazy, personal elitist republican agenda was underway, not an open populist one supported by the people in open consultation.
The significance, Mr President was in the Carr Labor Governments unilateral action, treating the electorate with contempt.
Where was the mandate?
Can anyone remember this being an issue at the last State election?
In a speech delivered by the Premier on September 14, 1995 on the "Republican Debate Implications for NSW" it read - "accordingly, the months and years ahead, leading, I believe inevitably towards the republic.
When my Government considers the appropriate role, status and appurtenances of the Office of Governor we will be guided by the provisions of the Australian Constitution.
- and the foresight of the Founders.
But on this and all related matters we want to ensure that there is full and informed debate.
We are currently considering mechanisms to encourage the widest public participation in this debate."
What a joke, full and informed debate - the Premiers idea of full and informed debate was to prorogue Parliament to avoid any debate on this issue. To ignore the people of New South Wales.
On the 16th January, the Premier announced that the Governor designate would not take up residence in Government House, and that he would be a part time Governor.
My fears of last year were realised, not only had he attacked the role of the Governor but Government House was now part of the package.
The Premier had no right to dismiss 208 years of history and change the role of the Governor and the functions of the 159 year old Government House without consulting the people.
The Premier placed the incumbent Governor, whom I have met and personally have a great deal of respect for, in a compromising position by keeping him as Head of the Law Reform Commission.
When the Premier was pressed on this issue in a television interview his response was the usual arrogant, "... so what".
Legal advice confirmed that a conflict of interest existed as long as the Governor continued in his capacity as Chairman of the Law Reform Commission. You would have thought that the Premier would have thought about this, but because he didn't consult with is colleagues he blew it. He didn't have the benefit of the Attorney's or Cabinet Office advice which would have indicated the problems he was getting himself into.
When your are an arrogant and ignorant Premier you think you know best. Who can ever forget his performance in the House when asked in Question Time why he did not publish an Exco on Semple to the Government Gazette, he responded with a little jig and said "I made the decision because , I'm the Premier, I'm the Premier".
Barry O'Keefe, Commissioner of ICAC and the NSW Bar Association publicly expressed their concern, about the conflict of interest.
As we all know this dictatorial style of leadership, this out of step Premier was responsible, in part for the 7.5% swing against Labor in the Federal election. The electorate and his very own Members told him so. Back-bench MP's demanded to see the Premier and express their anger at his dictatorial style. No doubt Mary Easson (Federal MP for Lowe who lost to Paul Zammitt) would have a few words to add.
Caucus leaked like a sieve. Labor Members were flat out distancing themselves from their Premier. "Caucus rebukes Carr on Governor" (Daily Telegraph 8/2/96) the Telegraph reported that the Premier had been castigated by his colleagues, Carr's only defence was that he had cleared it with his Federal Colleagues - not his own.
In order to pacify these Back-benchers Carr has now recruited a staffer to liaise with them, - he cannot do it himself. He has put on a damage control team - what a job, mission impossible as long as they have Bob for a boss.
Polls conducted showed that he had no support for the changes from the people.
Bob Carr's plan was to make the Governor the invisible man, but when 15,00 people turned up outside Parliament House in January, 1996 he realised he made a dreadful mistake.
The demonstration of 15,000 people was not just a protest of monarchists but republicans, and concerned citizens of New South Wales. The people came to express their anger at the way the Premier had implemented a decision of this magnitude without reference to them.
The National Party is just like the community in general - within its Membership there are supporters of the Monarchy, of the Constitutional Monarchy, people who believe in an inevitable Republic and Republicans themselves.
The majority of the National Party believe the constitutional monarchy is a rich and practical heritage and we uphold the Westminister system of parliamentary democracy with laws decided by our elected representatives. I strongly support this system of checks and balances.
The role of Governor is not just about his constitutional obligations but the other functions that the position performs. The ceremonial and civic duties are on integral role.
As Hugh Mackay puts it:
"Civic symbols are the things we use to reassure ourselves about our history, our heritage, our identity and our distinctive place in the world".
By changing the symbols Carr is assuming the inevitability of a Republic, and that these changes will make it easier to change the structures further down the track. The message for Bob is that the people want a say in this process, they want to be part of the debate, not on the receiving end of defiant, arrogant decision making.
The Governor acts as the custodian to our constitution. Bills passed by the Parliament cannot become law until they are given assent to by the Governor. The Governor does this on advice of Executive Council, but should never be interpreted as a rubber stamping operation. As Rear Admiral Peter Sinclair confirmed in a speech on 23rd January, 1996 that tense constitutional situations reinforced his view that the Governors role is an integral part of Government in New South Wales and fundamental to the preservation of democratic processes and conventions.
The role of Governor provides the incumbent with unequalled opportunities in getting to know the community. The people of New South Wales do not always want politicians performing ceremonial and civil tasks, they would prefer to have someone above politics. The Governor's position can be seen as a shield between the public and politicians as Mike Steketee put it in the Australian on 20/1/96.
Headlines such as:
"Democracy in Danger - Governor" (Telegraph Mirror 3/2/96)
"Secrecy over Governor attacked" (Sydney Morning Herald 4/1/96)
"Abandoning generations of tradition the NSW Governor moves address" (Telegraph Mirror 17/1/96)
"Governor crisis - Premier moves to block debate" (Telegraph Mirror 26/1/96)
"Carr slaps NSW in face" (The Land 18/1/96)
"Arrogance rules as Carr guts the Governorship" (Sunday Telegraph 21/1/96)
"There's more to democracy than having the numbers" (Australian 29/1/96)
Combined with the attack from the National and Liberal Parties forced Carr into a backdown, the new portrait gallery concept was abandoned and Mr Samuels, himself decided not to continue in his position at the Law Reform Commission.
However, we still have a vacant Government House and a Governor so under resourced that he cannot maintain the patronages and the extensive consultation across the community that former Governors have been able to do. I was disappointed to learn that the Governor was unable to accept patronage of the Port Macquarie Historical Society, since its inception 40 years ago the Society has enjoyed the patronage of the Governor of New South Wales.
The abandonment of Government House for functions of protocol, such as receiving foreign diplomats and visiting dignitaries is one of concern.
The position of the current Office of the Governor in the Chief Secretaries Building is also most inconvenient for visitors and dignitaries. There is no parking and visitors are forced to use the antiquated lift.
It is an embarrassment for the Premier State of Australia to have its diplomatic and other visitors of importance subjected to such informal and belittling treatment, when there is a substantial and significant structure, ready made for the role, just down the road at Government House.
This Bill ensure that any further plan to undermine the position of the Governor cannot happen without consulting the people of New South Wales.
The National/Liberal Coalition have committed to reinstating the Governor in the Governors Vice-Regal residence when we are returned to Government.
Any plans by the Government to alienate the land or the house will be thwarted.
I urge all Honourable Members of this House to demonstrate their commitment to the democratic process on this fundamental issue of the structure of democratic government.
The people of New South Wales deserve to be heard, by referendum.
I commend the Bill to the House.
