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PRIME MINISTER
CHECK AGAINST nDELITVE PMBARCDED UNTIL DELIVE~ RY
SPEECH BY THE PRIME MINISTER
COMMEMORATIVE DINNER
CONSTI[ TUTIONAL CENTENARY CONFERENCE
SYDNEY 4 APRIL 1991
Sir Ninian Stephen,
Members of the Steering Committee,
Premiers and Federal Parliamentary colleagues
Ladies and gentlemen
To all those responsible for arranging this Constitutional
Centenary Conference, and this commemorative dinner, I want
at the outset to extend my congratulations and my best
wishes. I say this not Just because you are marking an important
event in the political history of our nation, but because
you are doing so in such a constructive and forward looking
way. Nothing would be more alien to the spirit of those who
drafted the 1891 Constitution, and who for the entire decade
of the 1890s pursued their ambition for a federal united
Australia, than to mark this occasion in some desiccated or
static fashion thEit overlooked the magnitude of their
achievement. 4
Because it needs to0 be remembered, as we look back on the
momentous 1890s, that there was nothing inevitable about the
success of the Australian Federation movement.
Notwithstanding the vision and furious energy of Parkes, the
farsightedness of Deakin, the determination of Griffith, and
the commitment of all the others who produced the 1891 draft
Constitution, there was no certainty that their efforts
would succeed.
It required hard work, give and take, a sensd of common
purpose and a high degree of political leadership.
Those who attended the 1891 Convention had those qualities.
They arrived in this city and this parliamentary building as
the leaders of separate and almost rival colonies. By the
timie they departed, they had transformed themselves into our
first generation of national leaders.
And on the divisions of colonial rivalries they had laid the
foundations for a united nation.
Of course, there was a number of differences between the
plan of 1891 and th6 reality of 1901.
Not the least was that the federation that emerged was not
Australasian but was, can one say ' merely', Australian.
It was the remarkable 79-year old Sir George Grey the
former explorer and colonial governor turned politician, who
attended the 1891 Convention in his capacity as a former
Prime Minister of New Zealand who made it clear that New
Zea landers would continue along their own path.
So we have 4~ r George Grey to thank for safeguarding our
rights to enjoy Trans-Tasman cricket Tests.
Even with the boundaries of the federation restricted to
this side of the Tasman, " the draft of 1891 is", as
John La Nauze observed, " the Constitution of 1900, not its
father or grandfather."
Now, I know this is not the place to inject any sort of
partisan comment. But is it not remarkable that Sydney, in
March and April 1891, saw the birth of not one but two
enduring national institutions: it saw not only the drafting
of the document that was to become the Federal Constitution,
but also the emergence of the parliamentary labor party.
It took the entire decade, with many stops and starts, for
the concept of a united federal Australia to bear fruit.
But one immediate by-product of the 1891 Convention was that
the first platform of the New South Wales Labor Party,
written in the atmosphere of enthusiasm engendered by the
Constitutional Convention, included a staunchly
pre -Federation plank.
A few months after the Convention, Labor scored its first
electoral success, recording more than 100,000 votes and
securing the election of 35 candidates as members of the
Parliament of New South Wales.
It would be a brave person who would attribute this success
to Labor's pro-Federation plank. The other fifteen planks
of the platform included much more immediately attractive
goals electoral reform, an eight hours working day, and
various other legislative amendments to improve working
conditions.
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But the point that needs to be made tonight is this: anyone
reading that Labor platform today is reading a document that
is obviously a relic of a by-gone era.
The same cannot be said for its contemporary, the 1891 draft
Constitution. The leaders who drafted the Constitution of 1891 and who
forged the Federation of 1901, would no doubt be gratified
by the durability of their achievement a united Australia.
But I am sure they would be surprised to know that the
details of their draft remain so firmly entrenched in
contemporary practice.
I don't mean to imply that there has been no change in the
way we govern ourselves.
Australia has at last totally severed its residual ties
with Britain;
The relations between the Commonwealth and States have
been changed, at times profoundly, within the existing
framework of the Constitution for example, with
uniform taxation and family law;
In the same way, judicial interpretation has allowed
very considerable change in the role of the
Commonwealth ; overnment;
And, all too rarely, change has been achieved through
referendum most notably with the triumph of the 1967
referendum on Aboriginal people.
But it is common ground to this audience, I believe, that we
have to seek new paths towards a more contemporary
Constitution. i
I look forward to hearing from you tomorrow the outcome of
your discussions over the last couple of days, and to
hearing your assessment of the possible direction, scope and
pace of further constitutional reform.
Let me tonight tell you where the Commonwealth stands, and
in particular let me outline the progress we are making, in
cooperation with the States, towards the goal of creating a
more relevant and efficient federal structure.
Last July, I committed the Commonwealth Government to a new
effort to create a closer partnership between our three
levels of Government.
In a speech at the National Press Club, I outlined two
tasks: the first, to move by sensible, practicable steps to
achieve better co-operation within the framework of the
Constitution; and the second, to apply the spirit of
national co-operation in a new approach to reform of the
Constitution itself. G227
Underscoring all that I proposed in July was the recognition
that % ie must be about achlaiabla reform.
As I said, we cannot totally re-write the Constitution. We
cannot: replace the Federal system.
But we can make the Constitution and the Federal system work
better. We can and we must. The alternative is to abandon the
challenge of becoming a truly modern society and of
attaining our full potential as a prosperous and competitive
community. That alternative would mean that governments could exhort
the private sector to reform its own practices and could
encourage community groups such as trade unions to become
more flexible, but would be incapable adequately of
addressing their own shortcomings and of improving their own
productive caprcities.
That simply is an unacceptable alternative.
That is why I made my proposals in July and why I report
progress on them to you tonight with a sense of pride but,
more importantly, with a sense of urgency that more must
still be done.
The Special Premiers Conference process has marked a
milestone in cooperation between the Commonwealth and States
and Territories.
Importantly, the Commonwealth has agreed to address the
issue, of Commonwealth-State financial relations, with a
commitment within our overall responsibility for proper
management of the national economy to aim to reduce the
fiscal imbalance with the States, and to reduce the
proportion of tied grants that go to the States.
As you will appreciate, these are issues of the utmost
compl. exity. Progress will not be easy but there is the
commitment to see if a mutually acceptable outcome is
possible. These3 matters are due for consideration by me and my
colleagues in our meetings in May and November this year.
At the same time, we will be continuing to work towards a
more efficient, competitive infrastructure within this
count~ ry.
We have accepted, if you like, the imperative of doing what
we can to create a single national economy, not a fragnented
economy of nine separate jurisdictions.
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In roads and food Eitandards, we have accepted the
responsibility for reducing the vast regulatory overlap that
exists within Australia.
In land transport end electricity generation, we are
pursuing the very real gains that can come from adopting a
national rather thein state perspective on the provision of
essential infrastructure.
In service delivery-, in environmental protection, in
industrial relations, we have committed ourselves to more
effective and efficient co-operation.
We have established, clear processes of review; with the
Special Premiers Conference process itself, we have created
a vehicle for implementing change, where none existed
before; and we have, demonstrated our commitment as leaders
to resolve the issues and to reform the inefficiencies of
the present Federal structure.
Last October, we established working groups of State and
Commonwealth officials to prepare reports on: regulatory
reform, road transport, rail freight, Government trading
enterprises, non-bank financial institutions and electricity
generation. Progress reports will be considered at the next Special
Premiers Conference, next month, and, with a third
Conference scheduled for November, they will create the
momentum for reform through 1991, and beyond.
As I foreshadowed In my 12 March statement, Building a
Competitive Australia, I will also at next month's meeting
be urging the States towards widening the ambit of the Trade
Practices Act to create a more competitive national1
framework. Our goals are to improve our national efficiency and
international competitiveness, and to improve the delivery
and quality of the services governments provide.
So I have been able; to give the Australian people this
double assurance. Where micro-economic reform can be
achieved through the exercise of Commonwealth power alone,
we will achieve it. And where it requires the cooperative
endeavour of the Commonwealth and the States, we are doing
all we can to secure that cooperation. 4
Together, we are making progress towards our goals.
Let me turn now to the second area of reform I outlined in
my July speech: the issue of reform of the Constitution
itself. The sad history of reform by referendum speaks for itself:
this is not a mission for the naively optimistic.
Too often indeed, almost without fail referendum
proposals have become caught up in partisan controversy and
they have failed to attain the rigorously defined majority
specified by the Constitution for them.
This time, if we are to make progress, the major political
parties must commit themselves in advance to presenting the
case for agreed reform in a positive and unanimous fashion.
Tcday I believe wl have the oppartunity for such a process,
aimed at achievind a Constitutional referendum mandating
four year terms for the House of Representatives.
The arguments in favour of four year terms are compelling,
arid I understand you have canvassed them, and endorsed them,
in your deliberations so far.
I am confident that the only possible obstacle to the
successful passage of a referendum on four year terms is the
risk of the proposal being buried in partisan conflict as
happened in 1988.
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But there have been repeated indications that the Opposition
might now be prepared to join the Government in publicly
supporting a referendum campaign for four year terms.
Accordingly, I wrote to the Leader of the Opposition last
week inviting him to discuss possible areas of agreement on
this with me.
Clearly, these discussions would have to address the still
unresolved questions of detail such as whether a four year
term should be fixed, and how to synchronise Senate terms.
Equally clearly, this is not the place to discuss the
Government' s proposal.
I can only stress once more the absolute necessity of
obtaining bipartisan support, in advance, before the
Government will contemplate another referendum campaign on
this issue. That is the pre-condition.
Ladies and gentlemen,
I do believe that there is a new spirit of co-operation
operating within the Federal structure of Australia today.
It is manifest in the progress that has been made at the
level of the Special Premiers' Conference, and it is
apparent in the serious and constructive discussions that
have characterised this Constitutional Convention this week
discussions that embrace many parts of the Australian
community and span generations of the Australian people.
None of this progress could have been achieved by either
side of politics, or by any tier of Government, working
alone.
630
Reform is not a task for Government alone; enduring reform
cannot be imposed by Government on the rest of the
community. The vital ingredient is the active involvement and
commitment of the community itself. And it is through
Conferences such as this that the community can participate,
and can be educated and encouraged for further
participation. This will continue i: o require hard work, give and take, a
sense of common purpose, and a high degree of political
leadership by representatives of the whole Australian
community. As I have said, those are the very qualities that were
needed at the Constitutional Convention in 1891 and the
very qualities that were in fact possessed and displayed by
the convention delegates then.
If our work today continues to be characterised by such
profoundly important: attributes and I am confident it can
be then we will irndeed be able to ensure a renewed
relevance and effectiveness for the Australian Federal
Constitution as it e. pproaches and enters its second century.