September,
2006 Issue : Queensland Constitutional Amendment Bill
G'day from the Sentinel Team
In
this update we take a brief look at the Labor party's
bill proposing
Amendments
to Queensland's Constitution,
which is before Parliament ... this may well become
law if Labor win the election.
The
ALP have made it clear that their intention is to remove
the Queensland Governor's authority to
dismiss the elected Premier
or government.
Festival
of Light Australia (FOLA) are amongst the many concerned
groups and individuals who have expressed their concerns
to Peter Beattie and to the Governor. They tell
us that the change to section 34 of the Bill, "has
the potential to prevent the Governor from exercising
her reserve powers in the event of a constitutional
crisis."
Equally
concerning is the fact that "apart
from 3-yearly elections, the Governor is the only
check on the abuse of political power in Queensland
, because we don't have an upper house."
A
PDF copy of FOLA's letter to the government can
be found on the front page of Link-Zone.
Questionnaire
to Candidates
Festival
of Light have also sent a list
of 10 questions to all QLD election candidates. The
questions address current issues of concern to Christians
and Queensland society.
You
can download a copy of this PDF from the front page
of Link-Zone.
QUESTION
9 asks candidates their views on QLD Constitutional
amendments:
Since
Queensland lacks a Legislative Council, the reserve
powers of the Governor provide the only check on the
abuse of power by a Queensland Premier. The Constitutional
Amendment Bill which could be re-introduced after
the 2006 election, would cast doubt on the validity
of the reserve powers of the Governor to dismiss a
Minister or Premier and would remove the obligation
of parliamentary representatives and judges to declare
allegiance to the Crown.
Responses
to these questions are being uploaded daily ... as soon
as they are received
Visit the FOLA
WEBSITEto find out the response of your
local candidates.
We
also suggest you download
a copy of the questionnaire and ask candidates yourselves
... responses will help ascertain how close the candidates
are to Christian values, providing a useful guide for
voting on Saturday.
More
thoughts on the constitutional amendments below.
Under
His Banner
Bev Holmes-Brown
NOTE:
Incidentally, the Coalition has Scored
10 on the FOLA questionnaire, which is an
indication of their TOTAL AGREEMENT
with the views expressed. They have also indicated to
FOLA, in writing, that they want the Governor to keep
reserve powers and will not run with this amendment
if elected.
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.
“At
Federal level we have a vastly improved situation,
because any changes to the constitution must be
approved by the people through a referendum,”
Prof Flint said.
“I
fear this situation will distance Queensland from
best constitutional practice,” he said. Adjunct
Associate Professor of Law at Bond University,
David Field (left), said: “I think this is
a serious state of affairs.”
“What
happens if the government misbehaves; what is
the mechanism for controlling and moderating the
actions of the state premier?
Independent
member for Gladstone, Liz Cunningham, said
she was concerned about the possible erosion of
the power of the governor.
“I believe he [Mr Beattie] is endeavouring to
undermine the governor’s independence.
“That is a concern. It’s a change that isn’t entrenched,
so legally he can do it, but morally I think it
is wrong,” Ms Cunningham.
“I think it is morally corrupt. It’s Peter Beattie
being Peter Beattie, believing that he is able
to do what he wants irrespective of what the public
wants,” she said.
“He’s changing the role of the governor to a very
subjective role, where she has to be directed
by the Premier. This should of concern for the
public of Queensland. “He’s ensuring in spite
of how bad the government gets the governor will
lack the power to be able to do anything.
“The
fact is, the situation will arise where we will
see situations like Health happening, and the
governor of the day maybe persuaded that things
have deteriorated out of control, but will be
powerless to act,” Ms Cunningham said.
Lecturer
in Political Science at the University of the
Sunshine Coast, Scott Prasser, said the proposed
amendments potentially gave more power to executive
government.
“The problem is there are circumstances where
the governor must act without the advice of the
Premier or the Prime Minister. That’s a convention,”
Dr Prasser said.
“There
are situations like when the governor intervened
in the dying days of the Bjelke Petersen era,
where the governor is to assess the issues.
“The
great thing about a governor in our system is
a final umpire when the political system gets
stuck, and on occasion it does,” he said.
STATELINE:
Constitution Concerns
Broadcast: 16/09/2005
Reporter: DEA CLARK
(WE
have excerpted sections for your interest, please
visit the source
for full context)
Dea Clark: Since 1867, the Queensland constitution
has provided the framework by which our system
of Government operates .... Now the Beattie Government
wants to make an amendment to section 34 dealing
with the reserve powers of the Governor. It's
got a few people worried.
HARRY
EVANS, CLERK OF THE SENATE: I think it would
be better to leave it alone because the new provision
is not clear
DR
NICHOLOAS ARONEY, CONSTITUTIONAL LAW EXPERT:
The proposed amendments do threaten that balance
somewhat in subtle ways but I think in significant
ways.
Dea
Clark: Section 34 currently states " Ministers
hold office at the pleasure of the Governor, who’s
not subject to direction by any person and is
not limited as to the Governor's source of advice."
Under the proposed changes the wording would read
"The ministers hold office at the pleasure of
the Governor, who must, in accordance with constitutional
conventions, act on the advice of the Premier."
As it stands, the Governor does, in fact, act
on the advice of the Premier, on the appointment
and sacking of ministers. It's the convention.
But there are a few circumstances where the Governor
can act independently exercising their reserve
powers.
DR
NICHOLAS ARONEY: When a premier loses the
support of parliament the premier is expected
to resign, to tender his or her resignation to
the governor. But there's always that possibility
and it rarely occurs but it can occur what if
the premier refuses to resign.
Q U E E N S L A N D ’ S Constitution is quite
unlike the document that became the Constitution
of the Commonwealth of Australia at the time of
Federation in 1901.
The national Constitution was drafted, debated,
amended and wrangled over for years before being
fi nally voted on by the people at referendums
in all the states in the lead up to Federation.
It can only be changed by a majority of the people
and a majority of the states at a referendum.
On the other hand, Queensland’s Constitution has
been the product of a range of formal legal documents,
including letters patent from the Monarch (which
have been amended and replaced over the years),
and Acts of the British (and later) Australian
Parliaments that have recognised the separate
existence of Queensland and the other states,
and changes that have occurred in the relationship
between Australia and Great Britain since Federation.
There is no document produced by, and voted on,
by the people as is the case with the Commonwealth
Constitution. After many years of consolidation
by committee, the Beattie government sought to
incorporate the various bits and pieces that represented
the Queensland Constitution into a single document
in 2001. But as with any other piece of legislation
it can be amended by a vote on the floor of the
Legislative Assembly.
Only “entrenched” constitutional matters (such
as moves to either reintroduce an Upper House
or abolish the post of Governor) require a referendum
of the people to be held before they can be implemented.
Queensland’s
Upper House was abolished in 1922.
The
Legislative Council at the time was hardly a model
of democracy since its members were not elected
they were appointed (by the Governor at the behest
of the government) for life.
Since
conservative governments had dominated the parliament
in its early years, the make-up of the Legislative
Council was conservative, and antagonistic toward
Labor when it gained power in 1915. The Labor
government sought to do away with the problem
altogether. However, a referendum on the question
of abolishing the Council (rather than reforming
it) was held in 1917 was overwhelmingly defeated.
Not
to be deterred, a few years later the Theodore
Labor government took the opportunity in the absence
of the Governor to appoint the Speaker of the
House as Lieutenant Governor. He then appointed
sufficient new members of the Council to ensure
a Labor majority in the Upper House on the condition
that they vote themselves out of existence.
The
“Suicide Squad” did as it was bid and on March
23, 1922, and the Legislative Council ceased to
exist. Labor lost government briefly in 1929 and
there were suggestions that an Upper House might
be reintroduced.
When
it gained power again in the early 1930s, Labor
passed an Act which established that an Upper
House could only be reintroduced in Queensland
by a referendum of the people.
No
government since has been seriously inclined to
embrace such a proposal – a reinvigorated Upper
House might be an inconvenience if it were to
act as a House of Review.
A
suggestion that the Borbidge government in the
late 1990s might hold such a referendum did not
materialise.
Bill
Muehlenberg kindly allows us to reproduce his articles
within Link-Zone. I must say, however, that the same
articles are also on his own website, alongside forums
and other great resources. We recommend you pay this
site a visit: http://www.billmuehlenberg.com/
Here are some links to articles that we believe are
particularly poignant at this time:
The
Case for Christian Social Involvement "Many
Christians have set up a false dichotomy between spirituality
and earthly activity, between the church and this world,
between the Kingdom of God and the kingdom of men. As
a result we are seeing society becoming further and
further corrupted and secularised. The church is losing
battle after battle with the world, and it is largely
our own fault. We have opted out of our responsibility
to be salt and light in the world. " Read
More
Why
Bother?
"... using questions
and comments as a launching pad, I want to ask (and
answer) some general questions. Is it worth while to
be fighting the culture wars? Or should believers be
spending their time in other ways? Are we just missing
the real point of being a believer as we seek to be
salt and light? Is not evangelism our calling, and not
to seek for social transformation?" Read
More
Fuzzy
thinking, mushy moralising
? "There
is an enormous amount of sloppy thinking around these
days. Especially when it comes to issues of morality.
Many of our supposed experts and elites are in fact
totally out at sea when it comes to clear thinking and
moral clarity. The examples appears on a daily basis."
Read
More
What
Are Sentinels ? :
Dictionary.com
describes a "Sentinel" as one
that keeps guard. The french and latin roots speak of vigilance and
combine the words "watching" and "feeling" in
their description.
I think of "Sentinels" as being those the Lord positions
in specific areas to Guard over Community, National and Governmental
issues needing Prayer.
Disclaimer
:
DISCLAIMER
: Prayer
points included in Sentinels are intended for the mailing list recipients
only - we do not automatically have permission for this information
to be added to a website.
Prayer
alerts are created in good faith and Sentinels is careful to be
sensitive to the various groups requirements and instructions, giving
full attribution to contributors. They do not always represent the
opinions or beliefs of Link-Zone and are rather, a resource that
promotes prayer. i
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About GOD
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The Christian Community for people seeking the truth about God,
Jesus Christ,
the Bible, and the meaning of life.
“At
Federal level we have a vastly improved situation,
because any changes to the constitution must be
approved by the people through a referendum,”
Prof Flint said. 
Independent
member for Gladstone, Liz Cunningham, said
she was concerned about the possible erosion of
the power of the governor.
Lecturer
in Political Science at the University of the
Sunshine Coast, Scott Prasser, said the proposed
amendments potentially gave more power to executive
government.
Bill
Muehlenberg kindly allows us to reproduce his articles
within Link-Zone. I must say, however, that the same
articles are also on his own website, alongside forums
and other great resources. We recommend you pay this
site a visit: 