PRIME MINISTER
CHECK AGAINST DELIVERY EMBARGO UNTIL DELIVERY
SPEECH BY THE PRIM4E MINISTER
" CONVENTIONS OF THE CONSTITUTION" s
BRISBANE 29 JULY 1985
Distinguished Delegates,
It has always struck me that, while our Constitution
sets down many of the elements of our political system,
there is also a large number of basic points which doF
not appear in the written document.
These unwritten ' principles and practices' are
nonetheless widely accepted and supported by long
-precedent and are understood as important by tbae
Australian people.
Indeed some of these conventions are of quite
fundamnental significance and have greater moment than
some of the detailed points that appear in the[
Constitution itself.
I am sure, for example, that many Australians would not
realise that there is no mention of the following points
in the Constitution:
the Prime Minister must have the confidence of the
House of Representatives;
the Governor-General appoints Ministers on the
advice of the Prime Minister;
the Governor-General dissolves the Parliament on
the advice of the Prime Minister.
The founding fathers simply assumed such basic points[
without spelling them out in the Constitution. In at
least one case it has subsequently become necessary to
adopt it explicitly. In 1977 the Australian people had
the good sense to write into the Constitution, by way of
referendum, the practice that a casual vacancy in the
Senate was to be filled by a replacement of the same
political party.
If we were writing the Constitution today, I believe
that many of the principles and practices we are now
considering would have been included.
However, even short of constitutional amendment, I
believe that there is considerable value in setting
principles and practices down.
If they are set down and endorsed by this Convention
they would likely be even more persuasive in the future
than they are at present. Our political life, and as a
consequence our econcmic and social life would gain
accordingly. The endorsement of principles and practices will also
help to make them more widely known and understood.
This greater understanding would in itself increase
their persuasive effect.
The last session of the Convention in Adelaide endorsed
a number of principles and practices relating to the
Appointment of the* Governor-General and the composition
and operaLion of the Executive Council.
The principles that we are examining today go to the
centre of our system of Government. They cover:
the appointment of the Prime Minister;
the appointment and termination of appointment of
other Ministers;
the dissolution of the Hou'se of Representatives;
double dissolutions;
the summoning and proroguing of Parliament;
joint sittings;
referendums.
With one qualification, the Commonwealth Government
supports these principles and practices as formulated.
These principles relate especially to the respective
roles of the Governor-General and the Prime Minister.
They are based on the principle that the Governor-
General acts on the advice of the Prime Minister. This
principle recognises that responsibility is taken by the
person who is accountabie to the electorate. This is
t. 4 t.
basic to Australia's democratic traditions. It is very
important trat this should be hiyhliyhted. Failure to
obsurve it will inevitably result in the office of
Governor-General becoming involved in political
controversy. Such a result can only lead to that office
being weakened in the eyes of many Australians and our
political stability being threatened.
I would note that principle R restates the classic
formulation of the Governor-General's right to be
consulted, to encourage, and to warn in respect of any
ministerial advice given to him. I would note also in
this context thac. the principles do not cover the
question of the possible dismissal of a Prime Minister.
We are still clearly not agreed on this question.
The Government's only qualification regarding the
principles and practices now before this convention
relates to principle F. The effect of that practice is
that if the Government of the day is defeated in the
House of Representatives, the Prime Minister should
advise the Governor-General to send for an alternative
Prime Minister if one is available. While I consider
that this is a good general rule, there may be occasions
where an election is desirable, despite the availability
of such a person.
Apart from the basic principles relating to the timing
of elections, some of the lesser points surrounding them
also merit careful consideration. I have in mind:
Practice L. Advice from the Prime Minister to the
Governor-General relating to an election should be
in writing and it is desirable that it be published
during the election campaign.
Practice M. In advising a dissolution of the
Parliament, the Prime Minister must be in a
position to assure the Governor-General that the
Parliament has made available sufficient funds to
carry through the election period.
I would also note Practice 32 endorsed at Adelaide under
which no new initiatives are taken or appointments made
during the election period unless they are essential in
the national interest. Practice 33, namely'that State
action in relation to the timing of Senate elections is
to be co-ordinated with Commonwealth election timing,
also makes a good deal of sense.
I commend the Structure of Government Sub-Committee on
the preparation of these principles and practices. The
Sub-Committee has been diligent in searching out
precedents. It has adopted the sensible approach of
4
making recommendations only where teeis clear
precedent or broad political igreement.
If this Convention gives them a strong vote of support,
I am sure that the predictability, the stability and
good order of our system of Government will be enhanced.