INTERRIM REPORT ON THE CONSTITUTIONAL CONVENTION

The Constitutional Convention has now met for five days and after a weekend adjournment will resume on Monday the 9th February1998.

We supported the Constitutional Convention because we believed that it would bring out into the open three main things:

Firstly - the manner in which the politicians are seeking to manipulate and control the Debate.

Secondly - the almost total ignorance that so many people leading the call for a change have of our Constitution. One of the Republican candidates actually stated when elected "Now I suppose I will have to read the Constitution"!

And Thirdly, the difficulty. The extreme difficulty in changing from something that has worked - and worked well - for nearly a century to something that even the Republicans admit they may not get right on the first go. Even the most minimalist of changes being put forward by republicans move away from the Westminster System of The Crown, the Legislature and the Judiciary. It has been pointed out that removal of The Crown, which we believe will be disastrous, will require codification. A word and a meaning most delegates admit is above their heads!

Prime Minister Howard has requested that the Convention present him with a preferred option for a Republic which he can present to the People in a referendum within two years. In his words "The major goal of this convention should be to reach a clear view on which republican model ought to be pitted against present arrangements at a constitutional referendum…..If the people then decide [to support this model], the new arrangements will be in place for the centenary of the inauguration of the Australian Nation on January 1, 2001".`

The current Constitution took some fifty years to evolve and was drafted from public input over a period of more than three years. We question whether a new Constitution could be properly drafted in what will be a matter of months!

The major part of the debate has focussed on three models:

1) A Head of State elected by the People.
2) A Head of State elected by Parliament.}
3) A Head of State appointed by a Council of distinguished Australians.

The Australian Monarchist League believes that there can be no compromise on the role of The Crown. We are opposed to any amendment to the role of The Crown in our Constitution as we are to all Republican options. Current opinion polls are showing an increased support for an elected President, but with 64% stating that the Convention (for which only 45.2% of the electorate voted) is a waste of money.

The League had last month unsuccessfully requested the Chairman of the Convention that the proceedings be along the lines of a Parliamentary Debate.

The Attorney General Daryl Williams and the Shadow Attorney General Gareth Evans - both avowed republicans - are prominent (dare I say dominating) members of the Resolutions Committee which agreed on Wednesday last to a suggestion from the Deputy Chairman Barry Jones that any proposals which gain a 25% vote would be referred for incorporation onto the Agenda. They further agreed that this would take place retroactively with regard to proposals which previously were unable to gain a simple majority.

We believe that the credibility of the Convention has been severely strained with the rules of democracy being thrown out in an indecent haste to justify arriving at some sort of recommendation.

A proposal that legislation be enacted to make the Governor-General the Head of State was moved by Lloyd Waddy on behalf of Australians for Constitutional Monarchy. Whilst we recognize that the Governor-General is our Executive and Operative Head of State, we do not believe that legislation of this nature would be constitutionally sound and furthermore believe that it is a impaired admission on their part of a non existent weakness in our Constitution, however politically displeasing it may momentarily be to some to acknowledge The Queen as our Monarch and Sovereign.

The Convention later moved on to discussion of the Preamble. An item not previously on the Agenda. Republicans have proposed that Australia would continue to be called "Commonwealth of Australia" and that the Head of State would continue to be called "Governor-General" in the Commonwealth and Governor in the States. Most agree that the words "humble relying upon the blessing of Almighty God" will stay, in one form or another.

A proposal to have the Government provide a costing on a Republic was rejected by Republican delegates.

Another issue not on the original Agenda to be discussed this coming week is change of the Flag. An topic important to those against Constitutional change as Republicans publicly deny wanting to change the Flag whilst simultaneously funding competitions and programs for change.

Another factor Republicans have to come to terms with is that Australia is a Federation of States, each of which is an independent entity with separate and differing Constitutions all "united in one indissoluble Federal Commonwealth under the Crown".

Sir Harry Gibbs, former Chief Justice of Australia, has stated "That which was solemnly declared to be indissoluble should not be dissolved without the consent of all the parties to the original compact (that is, all the States). If there is to be a new kind of union - as a republic rather than under the Crown - a referendum to bring about the change should be supported by a majority of electors in every State. The dissent of one State should cause the proposed change to fail".

The Australian Monarchist League delegates, despite the enormous strain, are handling themselves well and are holding the line. Brigadier Alf Garland is affectionately termed together with Bruce Ruxton as the "Old War-horses". We continue to be undivided in our defence of The Crown and our delegates will do their utmost to ensure that our Constitution remains intact - notwithstanding accusations of them being 'outdated' and 'anachronistic" and despite being subjected to insults from other delegates.

What must be realised is that this is not about people walking around in sloganeered T-shirts or singing 'Rule Britannia' and 'Land of Hope and Glory', but about democracy. The democracy and the freedoms Australians benefit from under our current Constitutional arrangements.

However, all in all, nothing concrete has as yet been defined as to how the power, well and ably held in restraint by our present Constitutional arrangements, will continue to be so skillfully controlled by a new document. With just five days to go the Republicans are still trying to reach a political compromise over just the one facet of Constitutional change in the election of a new Head of State.

Philip Benwell MBE
National Chairman
Australian Monarchist League
8th February 1998