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The Senate

Do most Australian voters ignore the importance of their vote in the Senate? Webdiarist Ernest William Graham is concerned that they do, and warns in this contribution that this tendency allows the Senate to be used to negate the will of the majority. Thank you, Ernest, for this your second piece for Webdiary. We hope it promotes considerable discussion.

The Senate

Over the last half century at least, the value or otherwise of the Senate has been roundly criticised by both major parties in the House of Representatives - and usually with genuine concern.

The dysfunctional ability of the upper house was very clearly demonstrated in 1975 when a Government, twice elected in three years, was forced into a stalemate by the Senate denying supply.

The government majority of the Senate at that time was altered by two opposition states breaking with convention and appointing their own senators to replace vacancies in their states. These vacancies were created due to one government senator dying and another being appointed as an ambassador.

The result was that a popularly elected government, good or bad, was removed by the Governor-General (who had been appointed by the incumbent government) and the Opposition Leader was installed.

A vote of no confidence in the House of Representatives was presented to the Governor-General and he refused to accept it. Power to the Senate.

I believe that it is important to have a set of rules to which all parties must conform. Further, my understanding is that the original intent of the Constitution was to ensure that the House of Representatives - where each state's federal electorates are different - would have a say in the legislation which may be a disadvantage to their particular State.

Section 7 of the Constitution provides:

The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate.

But until the Parliament of the Commonwealth otherwise provides, the Parliament of the State of Queensland, if that State be an Original State, may make laws dividing the State into divisions and determining the number of senators to be chosen for each division, and in the absence of such provision the State shall be one electorate.

Until the Parliament otherwise provides there shall be six senators for each Original State. The Parliament may make laws increasing or diminishing the number of senators for each State, but so that equal representation of the several Original States shall be maintained and that no Original State shall have less than six senators.

The senators shall be chosen for a term of six years, and the names of the senators chosen for each State shall be certified by the Government to the Governor-General.

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Australia is bleeding.

I watch Parliament on the T/V and I weep for my country.  .I am almost convinced that the suggestion to get rid of the Senate has great value.At this crucial time in our history, it is being used by the Opposition as the Fifth Column was in WW II NE OUBLIE.

 

The Bleeding Senate

Ern, I have to agree with you, it makes you want to cry when you watch an incompetant like Penny Wong flapping around like a fish out of water.

And what did it gain?

Now that the publicity scurrying is temporarily over in the Senate, just what was gained by the delays?

There is no excuse for the opposition which would not be bipartisan if we went to war - real war, and yet they would be traitorous now if we had a Bush/Howard War against Financial Ruin.

In disparaging the Australian capitalists as co-ideologists with the American mob of greedy financiers, I notice that even Barack Obama is losing his prayer for the parties to forget their selfish attitudes in this crisis.

Peter Hartcher in today's SMH writes:

"This must be a time when leaders in both parties put the urgent needs of our nation above our own narrow interests," the President pleaded. Did Obama succeed? Of course not. Democratic congressmen who owe favours to Hollywood studios inserted a tax write-off for the costs of making movies. Another Democratic measure sought to do a favour for just three specific hospitals. A third Democratic measure offered an insurance exemption for tradesmen working on boats, but only ones over 65 feet long. This was a privilege that was evidently too good for the poorer classes of yacht-owners. A fourth would allocate $200 million to lay new lawn on the National Mall in Washington."

Of course we know that Menzies changed the name of his party to "Liberal" to fool voters that he was not a capitalist. However, what sort of people are they?

In America they are called Republicans and in Australia they are called Liberals.

Some dickered re their electorate, while others dickered for the unemployed while, at the same time delaying a package that was intended to reduce the number who will be unemployed.

Every player in this game supported the Government except the Liberals, Greens, Family First and Nick Xenophon.

Big and small business was horrified.

NE OUBLIE.

Ask somebody who cares

Ernest William: "Paul Morrella, you claim to be able to predict issues of interest. Will you please give me your take on the outcome of the Senate's current party orientated deliberations?

I don't "claim" any such thing. I've previously put forward a few market forecasts, which btw happened to be correct.

I've got an opinion on what the current 40b plus stimulus will mean for the Australian economy. I will revise that opinion in line with any changes to the package.

The system and indeed the personalities in which any package comes (or doesn't) about are of minor interest to me. I haven't bothered with an opinion on such things. I don't see any point in changing that course.

What will happen?

Paul Morrella, you claim to be able to predict issues of interest. Will you please give me your take on the outcome of the Senate's current party orientated deliberations?

I would genuinely like to cause this forum to consider the implications of the current set up of the Senate and the method of its election.

I believe that it is easier to vote for a party in Senate elections than it is to vote for a person. Therefore, if the sometimes huge Senate voting sheet only produced the names of the candidates then it may help to reduce the financial powers of the respective parties.

If the voters who are truly interested in the composition of the Senate want to know what they stand for, there are always methods to find out.

I wonder if the Channel Ten news reader will accuse Kevin Rudd of a spending spree when the Federal Government uses taxpayer's funds to help the taxpayers who have suffered so greatly in the devastating fires in Victoria?

Perhaps a good sign is the embarrassed look on Bob Brown's face lately - perhaps he realises that the $950 to some eight million Australians may not be for cutting down trees etc.

NE OUBLIE.

Renewed interest?

I hope that with the beginning of the Parliament 2009 this thread will receive a lot more attention as the dysfunctional and, may I say, unconstitutional manner in which the Senate actually controls our nation.

If we were in a conventional war would the remnants of the Howard "New Order" and their new extreme capitalist leader act in this disgraceful manner?

The emergence of Peter Costello from the back benches only highlights the wobbly behaviour of the opposition for the sake of opposition, and at a time when the entire western world is entering a recession caused by the greed and mismanagement of the US capitalist system.

Does he hope that we have all forgotten his lies and blunders and that the myth of his economic genius still helps his image?

Report from ABC's Mark Simkin, 30 August 2000.

In 1995, the then Opposition unveiled its debt truck, a battered vehicle that trundled around the country advertising Australia's high level of  foreign debt.Opposition leader John Howard and Shadow Treasurer Peter Costello said the debt was an indictment of economic mis-management and a key factor in higher interest rates.

Peter Costello added: "We're pleased to put foreign debt on the agenda in this country because we don't want Australians, bit by bit, to watch their productive assets and their productive capacity go into foreign hands. There's a question of nation identity about this. Do we as a country want to be in hock to the rest of the world?"

(Emphasis added).

At the time of the 1996 election net foreign debt was $193 billion. After the Howard/Costello government had finished with it, it was over $500 billion. Costello put us in hock to the rest of the world.

Without any humility which his political cowardice warranted, he goes on Lateline and claims that the Howard/Costello government gave to Labor an economy free of debt with about a $20 billion surplus.

Could Australia ever trust the lies hiding this man's incompetence? Like his hidden budget deficit and recession in 2001?

Paul Keating is right – all major economies must never again allow the greedy capitalists of Wall Street to cause such an international disaster while lining their own pockets.

The sickening truth about the world economic downturn means that all responsible governments must do everything they can to maintain stability.

That includes the capitalist US Republicans who are causing trouble for the Obama administration, even as the capitalist Turnbull and his "New Order" are doing so in the unconstitutional Senate at this very time.

We have to finally solve this problem for Australia's future. The Liberals and their fellow travellers only care about themselves.

Considering the mess the financial world is currently suffering, a double dissolution may give us a chance to correct the present situation which has the Senate minorities actually running our country and can overrule the Government any time it likes, using any excuse. At least we should call for a sitting of both houses of Parliament and televise the arguments for the public to decide.

The issues facing any western government, including the US and Australia, are too immediate for any latitude in effort caused by petty political squabbling.

Turnbull and his Liberal/National coalition are only using their tactics to destabilise the elected government of our country. That has been shown by the number of times they have agreed with the Rudd/Swan policies and immediately they are put in train, the Turnbull mob cries foul.

Under any circumstances at all, their behaviour is treacherous to our nation and for cheap political gain. The media should shake off their capitalist cloaks and straighten them out.

NE OUBLIE.

Interest

Ern, you really must stop calling it an unconstitutional Senate, it was voted there by the Australian electorate and whilst it did not quite work out the way you and Rudd wanted it to, that's the way it is.

With Rudd and Swan's latest "package", which looks as though it was worked out on the back of a cigarette packet over the weekend, I think we will need the Senate to keep these two honest.

When you look at what they have proposed "Schools will get $14.7 billion to fund everything from general maintenance to the construction of extra science and language laboratories in needy areas.

The money - one third of the Government's $42 billion stimulus package - will have the two-pronged effect of helping schools build new facilities as well as create jobs in the construction industry,a little pay back for their union mates.

Now when you think about how Rudd promised a technical school in every school, how many of these have you actually seen started in your area? Let's not forget broadband to 98% of Australian homes, how's that grand scheme going, Ern?

No, I am afraid by any way you look at it, it is a $115 billion Labor scam, because they do not have a clue what to do.

Then there is his $950.00 handout, that will be used to either pay off existing debt or buy a new Plasma TV made in China. In other words it will do nothing to stimulate the economy.

Unconstitutional?

G'day Alan. Over the years there has been many arguments in the High Court about the literal meaning of the Constitution's wording, but I believe that the original intent and spirit of that document should be adhered to.

It is couched in my layman's terms is such a way to give the Parliament the power to adjust to changes that may be considered necessary in future times.

With very little legal experience, I assume that the normal procedure is to delete any part of a document which no longer has any meaning and that repeal should be recorded.

Certainly experts in the Constitution like Mr. Justice Kirby should be empowered to consider whether or not the intended State based non-party orientated reviewing power of the Senate is being misused by exceeding their limits of power.

In addition, there should be a system, as the 1948 changes by Dr. H.V. Evatt introduced which divides the various States into areas of population. This would possibly reduce the number of Senatorial seats in Tasmania where there is currently six for a ABS population of 498,000 while NSW has the same representation for an ABS population of 6,731,000.

Clearly this refutes any idea of representation based on population.

So, Alan I again quote Section 7 of the Constitution and see if you believe the present Senate is being true to the intent, spirit or legal requirements of the ordinary reading of that document.

Section 7 of the Constitution provides:

The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate.

But until the Parliament of the Commonwealth otherwise provides, the Parliament of the State of Queensland, if that State be an Original State, may make laws dividing the State into divisions and determining the number of senators to be chosen for each division, and in the absence of such provision the State shall be one electorate.

In my view

Further to my belief that the Senate is not structured as intended nor is it functioning as purely States' and Territories representatives.

It is arguable that the Parliament referred to in the first paragraph of the above quote, would be the State Parliament.

The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate.

Conversely, in the second paragraph it is definitely the Parliament of the Commonwealth is obviously the Federal Government.

But until the Parliament of the Commonwealth otherwise provides, the Parliament of the State of Queensland, if that State be an Original State, may make laws dividing the State into divisions and determining the number of senators to be chosen for each division, and in the absence of such provision the State shall be one electorate.

This seems to me to unequically give the overall power to the Parliament of the Commonwealth in deciding whether the States are allowed to determine the number of Senators.

Regardless of the decision of the State Parliament as to the number of Senators required, it appears that they must still ultimately vote - even in the absence of such provision - as one electorate.

The Constitution provides the original States with no less than six Senators in which case, I believe that the Federal Government could be the deciding vote if there was a tie. 

The even number of six for two party politics is rather ridiculous and surely would have been considered by the wise men - or at least by the wise men and women who followed.

The current situation allows for a hostile Senate and has clearly been demonstrated by the present makeup of the greens and the independents.

I also feel that Bob Brown is losing his halo by his new obstructive attitude, probably fostered by his increased representation.

Malcolm Turnbull and his "New Order" remnants are playing petty party politics and the issues are too important to Australia for this to happen.

He and Joe Hockey voted for the original package and now claim that it was a failure, yet the boom in spending before and after Xmas was a record and shows  that they were wrong. But they are still whimpering about it.

NE OUBLIE.

Distorted view

Ern, I can understand your frustration that Labor does not have control of the Senate, but there is a good reason for that. The people do not trust Labor.

You say "I also feel that Bob Brown is losing his halo by his new obstructive attitude." However, you and your Labor mates were quite happy to take the Green preferences, but unhappy when it comes back to bite you.

As for the boom in spending before Xmas, all that did was help manufacturing in countries like China. Take a trip down to Target or Woolies and try and find something that was made in Australia.

No Ern, the sad part about it all is that Rudd is very good at using phrases like "Nation Building" and "Mums and Dads" but the reality is that he does not have a clue what to do, just the old Labor way "Throw money at it".

Ern, do you feel comfortable that Federal Labor is giving $billions to their mates in NSW, the biggest load of dills and crooks we have ever seen?

Sorry about the delay

G'day Alan. I'm a bit slow in answering and that is unforgiveable since only you and I are keeping this thread alive.

The most recent events have been really enlightening regarding the entry of Costello into the equation.

For 12 months he has sat on the back benches and exposed the sour expressions for which he became famous. Now, suddenly, he comes out in support of his leader.

Does he really mean it? Is Merchant Banker Turnbull a victim to the myth that Costello (and not Ken Henry and his staff) was really the great treasurer that the media have anointed him?

The fascinating fact is that we are told, Costello made a speech to the Liberal party room and his effort convinced the wannabe Prime Minister Malcolm Turnbull that they should oppose the entire package. And in both Houses. Who is the government?

Turnbull announced in Parliament that they would oppose the package, even before the all night explanation in the House of Representatives and before the five hours spent by Ken Henry (Costello's previous advisor) trying to educate the dolts in the Senate. Especially the so-called cross benches.

It is damn difficult for you and I to be neutral, Alan, but fair dinkum, can you see what this situation has created for the Australian people of all political persuasions?

1. The minor parties in the Senate can overrule the Federal Government of Australia.

2. If, the Federal government has to modify its package, in any way, after all of the consultations and advice they have worked so hard to compile, just to satisfy the selfish politics of the Liberals; the Nationals and the minor parties, then, it is NOT the package of the Federal Labor Government. That is an indisputable fact.

3. Therefore it necessarily follows that due to the dysfunctional makeup of the Senate, the undoubted destructive criticism of that package which will come from the media and Turnbull (Costello), Joyce, Brown, Fielding and Xenophon will in fact be on their heads.

It is also a fact that the Rudd/Swan/Tanner stimulus package is like a ship's anchor chain, it is only as strong and reliable as its weakest link.

Our Federal Government was prepared to take the responsibility of their package but now, they are faced with the following dilemma.

If they concede to the demands of the Senate they will be seen as weak, but, at least they can claim that something had to be done and quickly, and they will not in fact be the scapegoat if it fails in any major way.

If they call a meeting of both Parliaments, I think now that it is a WAFTAM (don't ask).

If they want a double dissolution, as I understand it, they have to have more than one knockback by the hostile Senate - so that's out because Rudd realises that it would allow more jobs to go to the wall.

Whatever happens now Alan, there is no doubt that our Federal Government has realised the problem, and are trying to deal with the solution.

And, like the American President who is being opposed by the capitalists whose greed caused this international disaster, their counterparts in Australia (the Liberals) are doing exactly the same thing.

A Senate, whose members acknowledged that their existence is only because of the voters of their respective States and Territories, should vote in accordance with the wishes of their respective State Governments who, after all, were elected by the same people.

WAFTAM

Ern: "... if the Federal government has to modify its package, in any way, after all of the consultations and advice they have worked so hard to compile."

Come on Ern, this package was cobbled together in a couple of days, and Turnbull thinks that it is flawed.

What about Barmy Bob Brown's solution, build bike paths. Now I will agree that the Greens are a WAFTAM.

"A Senate whose members acknowledged that their existence is only because of the voters of their respective States and Territories, should vote in accordance with the wishes of their respective State Governments who, after all, were elected by the same people?"

I don't think the people of NSW and Queensland would agree with anything their incompetent governments would want to do.

Reliable

G'day Alan. I am not surprised that you understood the acronym WOFTAM - seems to apply to our politicians doesn't it?

I believe that there are necessary adjustments as life goes on. I think that with the wisdom of history and technology, we have to make changes to suit the times.

Believe it or not, Alan, I am not that au faux with the State Constitutions and the power or otherwise of the Legislative Assemblies. However, I wonder if the MLAs can override the decisions of the Lower House?

I have a habit of trying to look at the big picture (navy training John Pratt and Alga?) and I therefore believe that Australia is still a work in progress.

Someone once said, "don't languish on the problem, concentrate on the solution" or something like that.

The idea of proportional voting is democratically valid and therefore the methods of deciding Senatorial seats must be wrong.

Party politics is there, Alan, whether we like it or not and I believe that the Constitutional intention for the Senate did not consider that possibility.

We are all convinced that it is a House of Review, but it has become a House of ultimate power.

The very "democratic" claim that each State is entitled to the same numbers of Senators is based on a false premise unless - those Senators vote as one electorate.

Then the legislation passed by the House of Representatives will indeed be reviewed on a State/Territory basis and voted on accordingly.

Forget our political bias, Alan, and keep this thread alive.

Cheers mate.  Ern G.

I think I might prove right

G'day Alan, perhaps a poor analogy, but if I was an expert mechanic and advised you to update the four tyres on your car, and you decided to update only three, then who would you blame if the unchanged tyre caused an accident?

In other words, if the Rudd/Swan/Tanner stimulus vehicle, cobbled over a necessary period of time, and with all of the advice they have received from the experts in the field, was then changed against their advice - they could not by any measure bear the blame for the failure of the changed vehicle.

If the changed stimulus spends more or less or differently, it is not the way it was designed - is it?

Cheers Ern G.

Just out of interest

Ernest William, do you advocate the UN having a larger role in Australia's progression or any other nations for that matter?

A trick question Paul?

 I am not sure what you mean.

What I will say is that I would like to see Australia have a larger role in the UN civilised stategies.

I would like us to have a seat on the Security Council and I would like decisions about crimes against humanity include the United States and their counterpart in the Middle East, the new Israel.

That is what I would like to see.

NE OUBLIE.

Unaccountable people

Ernest I agree with your take on the original reason for the senate, however as with all aspects of our society they have been hijacked by an elitist ideological agenda. People aren't really interested in this subject because it's too hard for them, anything to do with changing the system is hard for those who rely upon an ideological bent for their psychological and social sustenance. So the thought of change is frightening to them, as it would require effort and accountability from them within the society, something most people fear and avoid at all costs, until it's too late.

Even the high court, which is a political weapon of the elite, won't touch any of the unconstitutional system that keeps them in power and control. So we will continue with an unconstitutional senate which represents the elite and not the people of the states. If the senate voted as one bloc for their state, they would take the controlling party line. Which would put the people in an even worse situation then they are today, as chaos would result, or get worse than it already is. Until senators are directly chosen by the people, nothing will change.

Inconvenient truth

G'day Alga. Unfortunately you are right about the uninterested attitude of the majority of our people.

I still believe that the "party line" was never intended to be in control of the individual State interests in the Senate.

If I am wrong then, the Senate is merely an extension of the House of Representatives and therefore should be absorbed by the proportional electorates of the Lower House.

This would eliminate the review objective in the Constitution and that would be that. Cost would be less. Fieldings and Barnaby Joyces would never be elected as a Federal representative in the House of Representatives.

Proportional voting was introduced by H.V. Evatt in 1948. A worthy objective, but why doesn’t that apply to the Senate?

When a State like Tasmania [bless their souls] has as many Senators as New South Wales then there is something wrong with the number of citizens of individual States who can shape the future of a nation, in spite of the nationally elected representatives of all States.

When the Howard "New Order" was defeated at the last election I threw out most of the files that I had collected on their ministerial misdemeanours.

One in particular was relevant to my argument on the Senate in that it was a vote on a "Ministerial Accountability" Bill, which I believe was submitted by Bob Brown and it was defeated on party lines.

The names of the yays and nays were listed along with the States they represented, and the result was very enlightening.

If you or perhaps someone like Marilyn Shepherd could use your expertise to find that on the net I would be most grateful.

While our Federal government is trying to deal with the world financial crisis, we have an unstable opposition, opposing for the sake of opposing, and I believe that, when Parliament resumes, the petty self-interested behaviour of the Senate will be as sick as it has been for decades.

Wouldn't it be nice if the Federal government of the people was entitled to govern within the boundaries of their mandate provided, and provided only, that they (the House of Reps) do not use their power in a manner which would disadvantage the smaller States?

This would surely be a way of protecting the rights of the States – when their population reduces or expands or whatever?

Can you, or Marilyn, or any other Webdiary contributor help to find that example of which State Senators were for or against Ministerial Accountability?

Cheers Shipmate, Ern G

Why do States have rights?

Good morning Ernest,

"Wouldn't it be nice if the Federal government of the people was entitled to govern within the boundaries of their mandate provided, and provided only, that they (the House of Reps) do not use their power in a manner which would disadvantage the smaller States?

This would surely be a way of protecting the rights of the States – when their population reduces or expands or whatever?"

Why do States have rights? People have rights, not states. These lines on a map were drawn up over a century ago and are now quite meaningless.

Why should the people who live on a small island to our south have more say or rights than the people who live in the far north of Australia?

Why don't we draw another line across the tropic of Capricorn and call it North Australia?

No, states are relics of the past, we can't afford them and they discriminate against those of us who live thousands of kilometres away from any capital, state or federal.

Again people have rights, not states. People have responsibilities, states do not. Does Tasmania have responsibilities to Queensland? I don't think so.

Mate, we are all Australians. All states do is give politicians an opportunity to argue for a larger share of our commonwealth than they deserve. 

If we are going to keep the federal system including states it should be a living system - one that grows with Australia and a system the allows for more states as the population moves north. Otherwise the people of the north are under-represented. 

Delayed answer

John: "Why do States have rights? People have rights, not states. These lines on a map were drawn" up over a century ago and are now quite meaningless. Why should the people who live on a small island to our south have more say or rights than the people who live in the far north of Australia?"

I could be sarcastic and quote how many times the Howard government made the first part of the first sentence a lost cause - and this will remain until we have a Bill of Rights.

Secondly, I see no reason why our Constitution could not serve us well if we were to treat it as the American Constitution has been treated since they succeeded in their Revolution. Especially when it appears, (I hope) that Australia will eventually become a Republic.

I have dealt with the second part of the above quote in my post of 5 February.

I certainly agree that proportional voting is most important, in particular with the intent of the Senate.

The founding fathers may well have considered that an island continent like Australia may well need a political build up which would be able to handle a large increase in population over time.

You should know, John, stability in the armed services is based on the strict use of channels which eventually deals with problems in a timely manner.

I believe that we have the channels of political need already available as our population and of cause the necessary infra-structure required, builds us into a much larger nation.

As Bob Hawke once said "We must populate or perish".

And we will need the present structure to deal with that but, in a manner which meets the needs of the nation - not just a relative handful of wannabe Senators whose State Rights are the last thing they care about.

Cheers mate.

A consideration is nearing

I understand the lack of interest in this subject due to the media exposure of so many national and international problems - so I will just thank those who considered the subject worthwhile, especially the editors of Webdiary.

Just as a parting note, any genuine concerned voter should consider seriously any reported reviews of this contemporary Senate.

We, the Australian people, deserve to have a popularly elected House of Representatives, nationally voted for to govern our country based of a proportional population agenda, without any unnecessary interference.

But, and I keep repeating this obvious fact, since each State has more or less Federal seats, what is to protect those States with less population?

What issue, if any, would demand the Senate to exercise interference ? Federal issues which do not specifically disadvantage a particular State should not have any concern for their State elected Senate representatives.

We have six States, and with the NT and the ACT (two each) are reorientated by 76 voters in the Senate! Fair dinkum.

Soon, the Federal government of Australia, faced with the most horrendous financial downturn of any of our Governments since 1929, will be accused by the now dysfunctional Senate of behaving, in no matter what they do, of inappropriately solving a national issue!

Did the people of Western Australia vote for the Queensland Senators?

And did the Western Australian voters expect the Senators of Queensland to protect the rights of Western Australia government voters?

I'm getting carried away but, if anyone reads this opinion, just take a sincere. logical and reasonable look at the Senate Committees and the Senate themselves in the near future.

The government of a people is what they deserve.

NE OUBLIE.

think forward not back

Ernie old son, you didn't reply to any of my points, are you a lawyer or a just a supporter of the status quo. Check out how the Swiss operate, they have referendums for any important issue, they also have common sense approaches to many things our political system can’t handle.

Why support or try to rework something which has failed, or try to replace it with similar systems which are also failing. We don't want a return to how the senate operated, but a new system which empowers people and not disenfranchises them putting all the power in the hands of a bunch of nincompoops.

We need a political system without parties and we can do away with the senate in both federal and state jurisdiction, when we have fully accountable governments and bureaucracies, backed up by criminal law. In my opinion just about all those serving in governments Australia wide should be charged with misrepresentation, fraud and deception as they are all elected under false pretences and corrupt voting procedures. Let’s take the debate forward, not backwards as seems the case on most occasions.

Why do people always look back clinging to the past and steer clear of viewable change? Must be the ideological programming and indoctrination they seem so reluctant to give up to become free, responsible thinkers and doers.

Strong beliefs

G'day Alga, it was unintentionally ignorant of me not to reply to your opinions for which I apologise.

However, I do believe that the original intention for the Senate was really simple and straightforward - and, if supported by the Parliament could be reasonably easy to revisit within the terms of the Constitution.

Without knowing the situation in Switzerland first hand, I would imagine that so many referendums, while being a strong indication of the will of the people, would be extremely expensive, and could be just as corrupted by the incumbent government as the Howard government was in the Republican isssue.

When we look back at history, you are right in your preference in that the original "democracies", upon whose Senates we crafted our own, there were no parties but independent, wealthy nobles.

Nevertheless, history tells us that cliques eventually formed to do the numbers, just as parties do today.

It is hard to disagree with your comment: "In my opinion just about all those serving in governments Australia wide should be charged with misrepresentation, fraud and deception as they are all elected under false pretences and corrupt voting procedures".

My opinion of big business is a field in which the greatest deceiver prospers and the honest man goes broke.  Therefore I agree with the import of your opinion since just as surely as deception is the cornerstone of commercial businesses so too does it apply to politics.

But what can be done when the media decides what we will be fed and like all animals we are what we are fed? Truth is at a premium when the business of selling news is just as deceptive and corruptly persuasive as any other commercial enterprise.

Struth mate, I am starting to rave on.

I still believe that at least we can improve the Senate situation if we could raise enough support for your way, mine or something better than the status quo.

Let's hope so.

Cheers Ern G.

The role of the Senate is.....

... absolutely beyond belief.

Why have a Senate in the first place?

Why did the framers of the Constitution include a Senate?

There is no real comparison between the original Australian Senate and the House of Lords or the American Senate.

The total and uncomplicated reason must have been for the smaller States to be protected from being unfairly treated by those much larger States which had several more Federal seats at their disposal?

I believe that there must be a simple way to return to the real function of the Senate - the one State vote for the protection of that State.

IMHO I believe that the changes made - protected by the seemingly limitless ability of the Senate unless the Parliament otherwise decides - has virtually created another House in competition with the House of Representatives and, in many cases, has the same power as the popularly elected Federal government. Fair dinkum.

Does this mean that the State elected Senators really run the country?

Can it be changed? Certainly by the Constitution if the Parliament agrees.

If not, we may hopefully have a referendum, (but not with Howard's "Republic" methods), to learn the feelings of the people who surely should be fed up with the unruly and sometimes childish behaviour of the wannabe politicians in the Senate.

If any Webdiary contributors are in doubt, consider that at 78 years of age, and still trying to fairly understand many things, I could be elected to the Senate if I received the top billing of the ticket of one of the major parties!

How scary is that?

NE OUBLIE.

Remove the cause

Ernest I would agree senators must vote as one and in agreement, but who has the power to change the current situation or make them directly elected, instead of indirectly through parties and preferences. However we face one presently insurmountable problem, the strangle hold the legal profession has over all aspects of our lives. The first step to having equality and justice in our parliaments and courts, is to remove the legal profession and their methodology, rewrite everything in plain understandable Australian and remove the right of technical semantic defence.

The constitution may seem well written, but the legal profession wrote it and has abused it ever since, enabling them to control the direction and freedoms of societies. We have a weird situation in Tasmania: more than one person is elected in every electorate and they all come from different parties, meaning the electorate is fractured, disenfranchised and doesn't have a chance to be heard. As always the party system get the benefits of this approach.

The legal profession writes the rules, laws and legislation of the Senate, as they do for everything in life. They write them in ways which only benefit them in any eventuality with power and money, they write them so only they can understand them. Consider this, lawyers have the last say in all things to do with any law, they prosecute, defend and are the judges, they control every court from the lowest to the highest, in common and commercial law. They are probably the biggest majority in politics and use academic and illusionary knowledge to hood wink people in to false impressions of what they are saying. They deny what everyone understands is their meaning by using semantic technicalities, and dismiss any form of challenge to their power with more semantic babble and threats. Yet their knowledge of life and any subject relating to the operation of societies is minimal and in most cases non existent.

So the dilemma for the people is, no matter which way they turn, they get screwed. Look at the bureaucracy, they use legal and nonsensical jargon in the same way, they babble on yet never say anything unless it advantages them or their vested interests.

We have to change our entire system, or nothing will change for the positive. The Senate should be the house of review so as to protect the states. Each state senator should vote as one block together, to that end. But then we have the situation of all members of parliament voting in undemocratic and deceptive ways, as they vote as a party and not as representatives of those who elected them. So we the people are faced with a completely corrupt system of government and law system, which represents the legal profession and those they support. Lawyers are the most ethically corrupt profession there is, as they justify their support of the most vile situations in commercial, common and constitutional law all the way to the top by claiming impartiality, whilst they are the opposite.

To get justice in the Senate, we have to remove the cause, the legal professional. Which in reality does nothing for anyone but themselves and those who support them the most, to the detriment of the people. There is nothing logical in any of our political systems they all just place power in the hands of the corrupt party system. Remove all political parties and everything associated with them, then we may get people who can do the job properly and a system we can begin to trust and shape as an intelligent and evolving race. Not just a toy for the elite to use and abuse at their perverse ideological leisure.

The disaster of single point reasoning

The Constitution shows why the Senate and in fact both houses of parliament aren't doing their job for the people or a viable future. It states "directly chosen by the people of the State”, not directly chosen by a party and indirectly chosen by the forced two party preferred corrupt voting system.

Alan Curran, I agree with you, but do you concede that your faction of the lib/lab coalition is as corrupt and deceitful as labour along with the other hangers on? I once thought the greens may bring some sense into the future, but as you say they are a basket case, What else can you expect from a bunch of academics and bureaucrats, especially when you see the country wide result of them being in control of dwindling services and methodology.

Getting rid of the states would be the biggest disaster ever to happen to Australia, just as getting rid of the Senate would be another step towards total dictatorship by the wealthy elite. If we had a system with a 22nd century approach, empowering the people to take action through a referendum style government and made all working for the public, owning or running busionesses totally accountable for their actions and outcomes, we may get somewhere.

Keep the Senate, the states and local government. Otherwise you'll remove the final vestige of people’s individuality and feelings of community, which is disappearing as the ideologically controlled become more obsessed with the dying bigger picture. They forget the bigger picture came about by the work of the small and independent communities, it can't exist without them and we are seeing the results. Our social biodiversity is being destroyed, as is ecological biodiversity. There's only one outcome from this drive to single point control and reasoning.

Not far apart mate

G'day Alga, great to have you on board regarding a problem that most of our citizens don't care about, even during elections.

You say: "The Constitution shows why the Senate and in fact both houses of parliament aren't doing their job for the people or a viable future. It states "directly chosen by the people of the State”, not directly chosen by a party and indirectly chosen by the forced two party preferred corrupt voting system."

I couldn't agree more. You seem to be completely unbiased and have a determined independent mind so, for you to see the first of many question marks in the Senate section of the Constitution; I can genuinely argue that yours is an independent assessment.

I don't know your profession, Alga, but for myself, I usually interpret things in the manner I read them. Laws are sometimes damned difficult to grasp except that most of them are written in the negative.

My first request was for someone qualified to tell me what the following quote meant literally. Section 7 of the Constitution reads:

The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate.

If we piecemeal these paragraphs (which sometimes can skew the meaning) we may better understand what was intended and I agree with Alan that it appears to be well written.

This paragraph means to me that the Senate (a Federal body) shall be composed of senators for each State, directly chosen by the people of the State voting, until the Parliament otherwise decides – as one Electorate. (Emphasis added).

One Electorate! One voice!

This means to me that while they may have allegiances, they are nevertheless bound by the majority.

And, unless the Parliament otherwise decides – the State Senators so elected can only vote as one vote!

This would be consistent with the principle of those being elected for the State and by the State – must speak as one, for the State.

I would further argue, on logic and reasoning alone, and in the absence of any other Constitutional objection, that the number of State Senators must, after election, caucus to come to an agreed position for their State on any review they must undertake – this includes Senate inquiries where one person from each State could form the Committee which would be more likely to recognise it’s universal obligations.

Of course their united vote, if it is an original State, will be recorded as six identical votes in the Senate Chamber on any issue. I also argue that the Constitution does not allow them to abstain from so voting because they are bound by the majority.

In the case of a three all – a motion should be put to the group in the positive, so that a final three all vote would negate the motion so put and the alternative would be the accepted position of their group.

The result of that form of voting in the Senate would, I believe, stop any stage performances and be a true reflection of the wishes of their State.

Senators being elected as independents would naturally be bound by the same Constitutional obligations.

What do you think, Alga?

Two party system and the Senate

Ernest, I believe the Senate has been destroyed by the two party system we have inherited. Most Senators vote along party lines and have little loyalty to the states they are meant to represent. It becomes a house of review only when a minor party holds the balance of power.

I have a little protest with my vote by voting for a minor party more often than not.

It is hard to see why a small state such as Tasmania has as many Senators as NSW or Queensland. It doesn't seem to be very democratic if you believe in one man one vote.

The Senate has probably passed its use by date. Then again I would get rid of states altogether if I had my way.

Maybe a Senator should represent shires rather than states. 

That would seem fairer to us that live so far away from state capitals.

I think there is a lot of waste in having seven or eight police, health and education departments for a small population such as ours.

My vote get rid of the Senate and get rid of the states.

Cheers and Happy New Year, John

And a Happy New Year to you

G'day John, I agree that the party system has bastardised the Senate along with its intended duty in the political arena.

However, rather than remove the Senate, or the States, I believe that in the future as we prosper and expand and our population increases, then both State authorities and the Senate will be more important than ever.

The current system of State elections seems satisfactory from a parochial party point of view. We see smaller parties rising to the occasion and having some influence in State politics.

However, the power in the Senate, sometimes in the hands of just one person, is nothing short of ridiculous. Even though Barnaby Joyce and Mr. headline Fielding are technically party orientated, they appear to be able to be bought by favors to their States as indeed was Senator Harradine of Tassie.

So I believe that the Constitutional standing, rights and obligations of the State members of the Senate should be thoroughly and legally scrutinised and, if necessary, changed for the better by a referendum.

The current system is surely just unworkable, John, for any democratic federal vote to be consistent with the true will of the people.

However, the States must have proportionate members in the House of Review to give some protection to their States.

I would go further though in supporting your idea of lesser governance in reducing the costs to taxpayers by eliminating the State Legislative Assemblies and reducing the number of Councils.

Cheers Mate, Ern G.

Debate

Ernest William, your concerns regarding the Senate are based on reality and I believe genuine concern.

However, as you know, in politics all sides play their own game. I am sure you know in your heart that if Rudd Labor could gain control of the Senate by some underhanded method, they would do it in a flash and to hell with convention.
Throw into that mix the idiot Greens, a party that is a complete waste of time and money, that is a front for Labor, and it becomes a circus.

Maybe Keating was right after all.

Point take Alan

G'day Alan. You are right of course in your assumption that all parties in the Senate will take advantage of their position of power - just take Family First Fielding for example.  A headline hunter as useless as Barnaby Joyce, just more votes in the Senate that can be bought by favors or other incentives.

But, doesn't that prove the point that the Senate as it is currently functioning(not necessarily how it should be functioning) is just a mess being abused by the worst type of advantage politicing - almost as bad as the US?

So, since we agree on the political abuse of the Senate as it stands, what do you think about the true meaning of the Constitutional wording?

Cheers Ern G.

Political abuse

G'day Ern, I am sorry about the Senate but it really is a basket case. However, it is better than nothing.

All politicians say one thing in opposition and another when in power. When Labor were in opposition they whinged about Question Time and promised some reform. Now that they are in government things are as bad as ever, with Albanese being one of the worst offenders.

As for the true meaning of the Constitution, I honestly have not read it properly. It bored me to tears with its mumbo jumbo. However, I will say it seems to be well written.

What a better indication

Thank you to Webdiary for allowing me to raise this subject as a worthy article for debate.

But - look at the interest. Are my concerns based on reality?

I am sure that there are many other issues which are considered more important in the current national and international arenas.

Perhaps my timing was out, but I will contribute to the thread that I have been allowed to create so that it won't be an entire waste.

I still think that each State would gain by a stronger, non party orientated and more parochial voice in a Senate that I believe was established solely to protect their interests.

In saying this, I believe that none of the parties (or aspirants) who continually complain about the Senate will support such a debate.

NE OUBLIE.

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