PM Transcripts

Transcripts from the Prime Ministers of Australia

Howard, John

Period of Service: 11/03/1996 - 03/12/2007
Release Date:
09/04/1998
Release Type:
Interview
Transcript ID:
10804
Released by:
  • Howard, John Winston
TRANSCRIPT OF THE PRIME MINISTER THE HON JOHN HOWARD MP PRESS CONFERENCE PRIME MINISTER’S COURTYARD, PARLIAMENT HOUSE

E&OE...............................................

Good afternoon ladies and gentlemen. I'd like to start by saying

one or two things about the decision of the House of Representatives

to reject the Native Title Amendment Bill as amended by the Senate.

The amendments made by the Senate were completely unacceptable to

the Government. In the end, the Senate did not compromise one iota

on the position it had taken in December of last year. It insisted

on the inclusion of the unacceptable right to negotiate on the unworkable,

even in the eyes of the former Labor Government, and of Father Frank

Brennan, a clause dealing with racial discrimination. It also insisted

on the inclusion of a clause relating to, or rather the exclusion

of a clause, relating to sunset and, of course, it also insisted upon

a registration test that was quite unacceptable to my Government.

The Bill we presented to the Australian community was a fair Bill.

It was a compromise on the legitimate expectations of many people

in the Australian community based on the promises made, and the statements

made by Mr Keating in 1993, that the grant of a valid pastoral lease

extinguished native title. And in those circumstances, the Government

did not believe that it would be fair on those sections of the Australian

community if it were to compromise further. The Government's

fundamental objection to the position taken by the Senate, is that

that position would give to one section of the Australian community

an advantage that is not enjoyed by other sections of the Australian

community. We want to treat all Australians equally. We do not believe

that one group of Australians should have privileges under the law

denied to other sections of the Australian community.

Can I say in relation to the often repeated claim that if the rejection

by the Senate of the Native Title Amendment Bill were to be one of

the pieces of legislation on which I might obtain a double-dissolution

in the future, that that would be a race election. I deny that, and

so far as my own party is concerned, it will not be a race election.

I will not seek to exploit issues of race. I will not seek to use

racist language. I will not seek to drag issues based on race into

an election campaign. It is the proper function of a democracy in

Australia that if the two houses of Parliament cannot agree then it

is open to the Government of the day to resolve that deadlock by first

having a double-dissolution and then presenting the legislation which

was the subject of the disagreement to a joint sitting of the Parliament

after that election. It was put there specifically to allow the people

of Australia to decide in the event that those provisions were invoked

if the two houses were in conflict. And I've always found it

quite extraordinary that in some way the Australian people cannot

be trusted to make a rational decision. It strikes me as a piece of

elite arrogance for people to say that the Australian people cannot

be trusted to make a calm, non-racial judgement on a difficult issue.

I believe that our Bill is fair. I believe it embodies the compromise

that Australian people regard is fair, that is our belief. It is not

based on race. It is based on a bona fide belief in fairness and treating

all Australians equally. And I do reject as elite arrogance, the view

that in some way the Australian people can't be trusted to make

a calm, rational, dispassionate judgement. I believe they can because

I believe the Australian people are overwhelmingly decent, they are

overwhelmingly non-racist and they have overwhelming goodwill to the

indigenous people of Australia. I want to make it very clear that

whatever may be the circumstances of the next election, issues of

race from the Liberal Party will not be allowed to intrude.

May I say just one or two things before I take your questions on the

very important issue of waterfront reform. Reform of the waterfront

is vital for jobs. It is vital for investment. It is vital for the

export industries of Australia. The purpose of waterfront reform is

not some kind of ideological anti-union push, vendetta or crusade.

It has never been the objective of my Government to destroy a particular

union or to destroy unions in general. Unions are a legitimate part

of the fabric of the Australian community but it has always been the

objective of my Government to have a more efficient and a more competitive

waterfront. It has always been our belief that if we could have a

more competitive and a more efficient waterfront, we would create

more jobs, we would boost our exports and we would encourage further

investment. And we believe that the practices of the MUA, year in

and year out over a very long period of time, have hindered that goal

and prevented the obtaining of a more efficient and a more productive

Australian waterfront.

We have always said that we would reform industrial relations generally

and that specifically, we would endeavour to change the law to allow

reforms to be obtained on the Australian waterfront. And I want the

events of the past few days to be seen against the background of that

long commitment. It is not some kind of latter day knee jerk reaction

to a particular set of circumstances. It represents an element of

our longstanding commitment to a more efficient waterfront because

we believe Australia will benefit, and the national economic interest

of Australia via more jobs, more exports and more investment will

benefit from the more efficient waterfront.

It must be remembered that the Maritime Union of Australia set out

to destroy Patricks. The Maritime Union of Australia behaved in an

irresponsible, uncooperative, belligerent way to Patricks, and indeed,

over the years that has been a fair description of its behaviour.

The leadership of the Maritime Union of Australia has been out of

step with the interests of the members of that union. The unionists

have not been well served by the behaviour of their leaders.

I believe that the national economic interest of this country requires

a more productive waterfront. It requires the sort of reforms that

have been achieved in other countries, and I say to the rank and file

of the trade union movement throughout Australia, our quarrel is not

with you, our quarrel is not with unionisms, our quarrel is not with

unionists, our quarrel is with unproductive, anti-competitive work

practices which have hindered the creation of jobs in Australia, have

deterred investment and have damaged the export performance of our

nation. And it was the elimination of those practices and the alteration

of the industrial climate in which those practices are allowed to

occur, that has been the objective of my Government since it has been

elected more than two years ago, and in relation to myself and my

Party, has been a single-minded industrial relations objective for

more than a decade.

JOURNALIST:

Prime Minister, is the logic of what you were saying earlier to us

about a double-dissolution that you must call such an election before

the end of October?

PRIME MINISTER:

Well you can't have a double-dissolution unless the Parliament

is dissolved before the 29th of October. But let me say immediately

that I am not going to speculate about when, or if, such advice might

be tendered to the Governor General. I simply make the obvious legal

point that if I were minded to advise a double-dissolution, then I

would have to advise it in sufficient time for the dissolution to

be granted by the 29th of October. The timing of the election after

the granting of the double-dissolution would, of course, be a matter

for the Government but if there is to be a double-dissolution, and

I make no comment about that, other than to acknowledge, of course,

that a number of triggers now exist for such an outcome. If there

is to be a double-dissolution then the Parliament itself must be dissolved

by not later than the 29th of October this year.

JOURNALIST:

Prime Minister, if I may, two of your predecessors, and I'm thinking

of Malcolm Fraser and Bob Hawke here, had double-dissolutions but

didn't follow them with a joint sitting. Following on what you

said earlier, if you want to have Wik resolved in the way in which

you do, that is really your only option isn't it?

PRIME MINISTER:

Well it would be a strange circumstance to have a double dissolution

inter alia on the basis of the rejection of the native title legislation,

win that double dissolution and then not have a joint sitting. I can't

imagine myself doing that.

JOURNALIST:

[Inaudible]...placed on giving certainty to the stakeholders, how

can you justify possibly delaying it twelve months before the people

decide?

PRIME MINISTER:

Well, I can't. If there's to be a double dissolution I've

got to tender advice to His Excellency well before the 29th of October.

JOURNALIST:

[Inaudible]

PRIME MINISTER:

Well, that is not my fault. I mean, we could have had the certainty

last night, we could have had it this morning, if the Senate had passed

the legislation.

JOURNALIST:

Is a double dissolution election your only option now, Mr Howard,

or is possible you could have a bill that just covered the contentious

issues brought in after a half Senate election.

PRIME MINISTER:

It is the only one, according to my advice, yes.

JOURNALIST:

If you go to the polls [inaudible] if you use Wik as one of the double

dissolution triggers, will you guarantee Australians that hold free-hold

title, that their backyards are safe?

PRIME MINISTER:

Well, I will guarantee the Australian community the proper legal consequences

of the legislation that we're putting forward.

JOURNALIST:

Mr Howard, you said that the Maritime Union had served its members

badly...

PRIME MINISTER:

The leadership of the Maritime Union, yes.

JOURNALIST:

And that the Government wasn't anti-unionist as such. But do

you concede that some of the people who have lost their jobs will

be innocents in this, that not all those people are, in your terms,

guilty of the work practices that are undesirable and so on, some

are victims of the union leadership?

PRIME MINISTER:

What I'm saying, Michelle, is that the ordinary members of the

union have been badly let down by their leadership. That's what

I'm saying and...

JOURNALIST:

[Inaudible]

PRIME MINISTER:

Well, you asked me the question and I'll answer in the way I

think fit. The situation is that the ordinary members have been badly

let down by their leadership. It is an inevitable consequence of a

bargaining monopoly that has been held, enjoyed, exercised and ruthlessly

used by the wharfies, the Maritime Union of Australia, over a long

period of time.

And what has changed is that in March of 1996 a government was elected

with a mandate to break that monopoly. And it has always been my argument

- and you can look back over speeches and comments I've made

over a period of 10 or 15 years - that one of the maladies of Australia's

industrial relations system was the bargaining monopoly held by registered

unions. And our objection is not with unions. It has never been with

unions. Our objection has been to the fact that under the old law

unions had privileged positions, monopoly bargaining positions, which

they often used in a way that ill-served the interests of their members.

JOURNALIST:

Mr Howard, could I just clarify - you mentioned about splitting the

Wik legislation. Does that mean to get the Wik legislation, to get

it through and to get it resolved, you're locked into a double

dissolution plan or you're still holding open the option of a

regular election with a half Senate election?

PRIME MINISTER:

No, what I'm saying is this, that I'm not speculating about

when and in what form the next election will be. However, I acknowledge

that there are three double dissolution triggers available and I'm

simply not going to say any more than that. And, quite plainly, when

one thinks about the next election you've got to remember that

we have a couple of significant events which are yet to occur. We

have a Federal budget on the 12th of May and we have the unveiling

of the Government's plans for taxation reform, which I've

indicated will take place before the next election. So there's

quite a lot of policy water to flow under the political bridge before

the next election takes place. But, look, I am simply not going to

be drawn, no matter how you phrase the question or how you put it,

I'm simply not going to be drawn as to speculation on the form

of the election or when it might occur, except to acknowledge that

if it is to be a double I've got to meet the 29th of October

and if I am to get the Wik legislation through, given the obdurate

attitude that the Senate has taken, then I have no alternative other

than to give certain advice.

JOURNALIST:

Prime Minister, are you giving undertakings that we will see your

tax plan before the election is called or during the election campaign?

PRIME MINISTER:

I repeat the undertaking I made in August of last year which, to the

best of my conscientious recollection and belief, without having refreshed

my memory on it before coming to this press conference, was that we

would unveil it in sufficient time to allow the electorate to make

a proper judgement on it.

JOURNALIST:

Mr Howard, the general belief is that your position in the Senate

is likely to be much worse under a double dissolution election. Obviously

you've taken this into account. Do you believe that will be the

case?

PRIME MINISTER:

Well, there is a possibility that it could be. But whether it will

be will depend on the voters. And I naturally don't concede anything.

We have now, what, five times six, one times five and two times one,

as far as the representation from the various jurisdictions is concerned.

Now, it depends on what happens. It will depend upon the mood in the

electorate, it will depend upon the attitude of voters and it will

depend upon the behaviour of different parties, particularly the smaller

parties. But, at the end of the day, you are elected to do things

and to govern and to implement commitments you've made. We made

a commitment to make the Native Title Act more workable. It

is plainly unworkable. It was plainly necessary to respond to the

High Court decision in Wik. We've done that. The Senate has rejected

it. So if the issue is to be resolved then it may be necessary to

have a double dissolution. But I have not made any decision on that

and I won't be speculating about, if and when, beyond what I've

already said.

JOURNALIST:

What happens in the Senate, Mr Howard, will also depend on what the

Liberal Party does about One Nation preferences. Are you any closer

to finding out a position on that, given what you've said about

race elections today?

PRIME MINISTER:

Well, what I've said about race elections today is quite unrelated

to the question of distribution of preferences. I mean, the question...

JOURNALIST:

No it's not.

PRIME MINISTER:

Yes, it is - quite unrelated. The issue of whether or not something

is fought on the basis of race depends upon the attitude taken, the

words uttered and the use made of political differences in relation

to race. And, look, the answer to that question is that it will be

determined, as I said a year ago, probably 15 months ago, it will

be determined by the State organisations of the Party closer to the

election, which has long been the practice.

JOURNALIST:

How close did you come to a compromise with Senator Harradine or do

you think, in retrospect, it was never on?

PRIME MINISTER:

Well, we were always ready to embrace a different way of achieving

the objectives we wanted, particularly in the four critical areas.

I had a number of discussions with Senator Harradine. And it must

be said that, in the final analysis, he wasn't in a very compromising

mood. Because at one stage we actually had what we wanted in relation

to the sunset clause and we also had what we wanted in relation to

the registration test. And, I guess, for a few fleeting hours it may

have appeared that there was a willingness on his part to change and

so forth. But in the final analysis we ended up actually having a

marginally less acceptable bill the second time around than we did

the first time around. Because a number of the less than high profile

amendments, that were inserted by the Senate, have actually made it

a little bit worse than what it was in December of last year.

So, I guess I have to say that, despite the amiability and the cordiality

of the discussions that took place between myself and Senator Harradine,

perhaps it was never on. But I'm not seeking to make any personal

reflection on Senator Harradine in relation to that. If you want to

know what his state of mind was on it, I think you should ask him.

I won't seek to speak for him.

I was always ready to have a look at a proposal that would have achieved

the objectives we wanted in a different way. I was never prepared

to surrender, in relation to those four principles, because they went

to the very essence of what we wanted to do.

I have to say again that what the farmers of Australia wanted was

to implement what Paul Keating said to be the position in 1993. And

that is, the grant of a valid pastoral lease totally extinguished

native title. And it was always a disappointment to the farming community

of Australia that the Government was unwilling to do that. But we

didn't believe that was right, for the reasons that I have outlined

at great length in the past. And that is why, I think, what we put

forward was a compromise and to compromise on a compromise was quite

unreasonable. And I, of course, regret that the Senate has chosen

to deny the certainty that I believe the community wants on this issue

but it's made that judgement. And, either through a double dissolution

or an ordinary election, it will be for the people of Australia, as

it should be the case in a democracy, to resolve this matter. And

I say again that there is a form of specialist arrogance that says

that the people of Australia are incapable of handling a sensitive,

decision-making process.

JOURNALIST:

There's a difference between being disappointed with a law or

a High Court decision and upholding it. There are many people who

say that you're simply abrogating what the High Court did in

the Wik decision.

PRIME MINISTER:

We are doing what governments for time immemorial have done and that

is that if the law, as declared by the courts is, in the view of the

government, in need of change then we seek to change it. Your question,

with respect, proceeds upon a complete misunderstanding of the respective

roles of the courts and the parliament in our system of government.

It is the role of the courts to declare the common law, interpret

the statutes of parliament. It is always within the power of the parliament

- and that's what it exists to do - to alter the law providing

it follows the proper constitutional processes. And that is exactly

what we've endeavoured to do. I mean, the proposition that the

Parliament of Australia has never altered the law, as declared by

the High Court of Australia, is absurd. They've been doing it

for 98 years, from the very early days of Federation.

JOURNALIST:

Mr Howard, given that the Wik issue is about the respective rights

of indigenous Australians and non-indigenous Australians, how can

you avoid an election, fought partly on Wik, becoming a race-based

election?

PRIME MINISTER:

I think it can be avoided if it is conducted in a proper fashion by

the principle participants.

JOURNALIST:

On the waterfront, Mr Howard, was there any alternative to the way

that the company [inaudible] acted this way to achieve your goals?

And, secondly, is there scope for the Government to support the company

in the legal battle it now faces?

PRIME MINISTER:

Well, I mean, what the company does, ultimately, is a matter for the

company. I mean, the Government is not the agent of the company and

the company is not the agent of the Government. I don't answer

for what the company has done. We changed the law and the company

10804