8 August 2017: Opportunity for Government, or for Litigation?

Federal Parliament House

Australia is supposed to have seventy-six Senators: right now we have no more than seventy-four, possibly only seventy-two, and possibly far fewer, because of application of s44 of the Australian Constitution.  And when Parliament resumes on 8 August, expect political and legal fireworks.

This reduced number of Senators is important, because it might make it easier for the Government to get their legislation passed.

Here’s why: while Australia’s Liberal National Party Coalition government has the support of a majority in the House of Representatives, no legislation can pass without the support of a majority in the Senate, where the Government is in a minority. This means all legislation which passes through the Senate, and subsequently becomes law, must garner support from non-government parties, and with fewer Senators the total number of Senators required to support legislation reduces.

If we indeed have 74 Senators,

  • 29 are from the Coalition,
  • 26 are from Labor,
  • 7 from the Greens,
  • 4 are from One Nation,
  • 3 from the Xenophon Team, and
  • one each are from the Liberal Democrats (Leynholm), Justice Party (Hinch), Australian Conservatives (Bernardi), Jacqui Lambie Network, and independent Gichuhi (who is ex-Family First).

With only seventy-four Senate votes in play, to secure Senate passage of government legislation, the Liberal National Party Government needs nine votes from amongst the 19 cross-benchers; Labor needs 12 to block the passage of any legislation, or pass their own resolutions.

The Government now needs the support of one less non-Government Senator than before, to see legislation passed, and this situation will continue for months as the process of replacing ineligible Senators isn’t quick – see https://ethicalconsultingservices.wordpress.com/2017/07/17/ludlam-senate/.  This presents the Government with opportunities to advance unpopular legislation through the Senate – the two ineligible “Senators” are seen as more likely to have opposed components of the Government’s legislative program.

Malcolm Roberts

We are down to no more than seventy-four Senators because two Greens Party Senators have acknowledged they are ineligible – see www.couriermail.com.au/news/queensland/queensland-government/queensland-greens-senator-larissa-waters-resigns-over-dual-citizenship/news-story/ecb99e946835145fd8f6dacdbf55e131.  We may have only seventy-two Senators because detailed questions have been raised about the eligibility of two others – see www.brisbanetimes.com.au/federal-politics/political-news/malcolm-roberts-expert-anne-twomey-believes-one-nation-senator-may-have-breached-constitution-20170727-gxkeol.html and www.brisbanetimes.com.au/federal-politics/political-news/the-dissenting-argument-from-a-former-governorgeneral-that-could-save-matt-canavans-skin-20170727-gxjxkr.html.

Matthew Canavan

Both Senators Roberts (One Nation Party) and Canavan (Liberal National Party) say they are eligible.  There’s no doubt this will be tested in the Court of Disputed Returns – probably at the same time as determinations are made about Larissa Waters’ and Scott Ludlum’s replacements.

The Australian Senate resumes on 8 August 2017, and we can be very sure if either Senator Roberts or Senator Canavan seek to exercise a vote, or perhaps even take their seat, someone is going to go to Court, claim those Senators are ineligible, and seek via legal action to stop them acting as a Senator.

And to add to the potential for chaos, while it is a typically over-blown and under-researched article, the Australian newspaper has questioned the eligibility of 21 Members of Parliament further, from all of the Liberal Party, the National Party, and Australian Labor Party: www.theaustralian.com.au/national-affairs/mp-dual-nationality-fiasco-extends-to-bloodlines/news-story/5ad03ba3d47cf4eae0a5b1066ea5c59b?login=1 (paywalled).

In the House of Representatives, the Government has only a one-seat majority – should any one Government member* in the House acknowledge ineligibility, or be found ineligible, they will lose their working majority in the House, the capacity of the Government to govern at all becomes questionable, and we may be headed to a very early election.

By 8 August, all of our Parliamentary parties need to have their plans in place for how to react: because the success of the Government’s legislative program, or the very existence of the Turnbull Government, might hinge on the outcome, there’s little hope of bipartisanship.

Here’s a link to information on the Australian Electoral Commission website explaining eligibility laws: www.aec.gov.au/About_AEC/Publications/backgrounders/constitutional-disqual-intending-candidates.htm

 

*  Or one more Government member than non-Government members.

About Mike Smith

Partner in Ethical Consulting Services: www.ethicalconsulting.com; Ethical strategies and programs which get you where you need to go ... * Exceptional government & stakeholder relations, * Thriving governance systems, * Specialised project facilitation, * Inbound investment assistance, * Successful marketing, communications and PR campaigns ... and customised training in each of these areas.

Posted on July 28, 2017, in Australian Government, Crisis management, Democracy, Election, Federal Government, Parliament, Tactics and tagged , , , , , . Bookmark the permalink. 2 Comments.

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