Hansard 30 Oct 1997
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30 Oct 1997 Vacancy in Senate of Commonwealth of Australia 4051 THURSDAY, 30 OCTOBER 1997 As this Parliament does not have a representative of the Australian Democrats, I move the motion nominating the authorised Australian Democrat nominee and the Leader At 8.45 a.m., of the Opposition seconds the motion. I am very happy to do so, as I am sure my Mr SPEAKER (Hon. N. J. Turner, Nicklin) colleague opposite is happy to second. took the chair. Despite the politics of Cheryl Kernot's precipitate resignation from the Parliament VACANCY IN SENATE OF COMMONWEALTH and the Australian Democrats, it is appropriate OF AUSTRALIA and correct that a spirit of bipartisanship is manifested today in choosing her successor. Nomination of Andrew John Julian Bartlett, vice Cheryl Kernot Today is also an historic occasion because it is the first time to my knowledge Mr SPEAKER: Order! The House has that the Queensland Parliament has fast- resolved to meet at 8.45 a.m. this day for the tracked the selection process by suspending purpose of the election of a senator. There Standing Orders so that the expressed wish of being a quorum present, the meeting is now the Queensland electorate is in no way constituted. Honourable members should note diminished. Honourable members will be that the provisions of Standing Orders and aware that the Government in the House of Rules shall apply to this meeting. I now call for Representatives and the Senate has granted nominations. I point out that every nomination a pair so that, until the Queensland Parliament must be accompanied by a declaration by the fills the vacancy, the relative voting strength of nominee of qualification and consent to be the parties in the Senate is not altered. nominated and to act if elected. The Australian Democrats have Hon. R. E. BORBIDGE (Surfers nominated, as the successor to Cheryl Kernot, Paradise—Premier) (8.46 a.m.): I nominate Mr Andrew Bartlett. Mr Bartlett is a Andrew John Julian Bartlett, social worker, of Queenslander. He was born and has lived all 41 Swan Terrace, Windsor, for election to hold of his life in Brisbane. He holds degrees in the place in the Senate rendered vacant social work and arts from the University of through the resignation of Senator Cheryl Queensland, and before becoming actively Kernot. I produce Mr Bartlett's declaration of involved in politics he was a social worker. qualification and consent. Mr Bartlett has a long history of Whereupon the honourable member community involvement, particularly in the produced Mr Bartlett's declaration of environmental, social justice and animal qualification and consent. welfare fields. He is a member of many Mr SPEAKER: Order! Are there any community organisations and holds executive further nominations? As there are no further positions in some of those. I note that he is nominations, I call the Premier. also a musician of some talent, having played in a number Brisbane bands, mainly as a drummer, but he also plays the keyboard and Election of Andrew John Julian Bartlett sings. I am informed that he has made a number of recordings. No doubt the recordings Hon. R. E. BORBIDGE (Surfers that he will make in Hansard, as the Australian Paradise—Premier) (8.47 a.m.): I move— Democrats senator from Queensland, will hit "That Andrew John Julian Bartlett be the right note, too. elected to hold the place in the Senate of Opposition members: Oh! the Parliament of the Commonwealth rendered vacant through the resignation Mr BORBIDGE: It is early! Fair go; I was of Cheryl Kernot." up all night working on that one! A Government member: It is a bit too This is the fourth occasion since the 1977 subtle for them. referendum on casual Senate vacancies that the Legislative Assembly has met to fill a Mr BORBIDGE: Yes. I will explain it to the vacancy in the Senate due to the resignation Leader of the Opposition later. of a sitting Queensland senator. It is, Mr Bartlett has been heavily involved with nonetheless, an historic occasion. It is the first the Australian Democrats for a number of time that this Parliament has had to deal with years. He was secretary of the Queensland a vacancy caused by the resignation of a division from 1990 to 1993, Queensland representative of the Australian Democrats. deputy president in 1995 and president from 4052 Vacancy in Senate of Commonwealth of Australia 30 Oct 1997 1996 onwards. He was the Queensland proposing a member of the National Party or campaign director for the party for the 1993 Liberal Party, or some other unacceptable and 1996 Federal elections and has stood as candidate, as was threatened by him earlier in a Democrat candidate at local, State and the year in relation to another senator. All Federal elections. The record shows that Mr members will recall the threat that the Premier Bartlett has been an active, enthusiastic and made on national television that he would prominent Australian Democrat. It is no doubt ignore the Constitution and the expressed for that reason that he has been chosen by wishes of the people when it came time to his party to assume the Senate seat vacated nominate a replacement for Senator Colston. by his former leader. His first instinct, as always, was to turn back His will not be an easy job; no senator's the clock to 1975 when the National Party is. The Senate plays a pivotal role in our successfully foisted the hapless Patrick Field system of Government. Senators hold a very upon the Senate and the people of Australia. powerful and responsible position. As This behaviour was a pale attempt to imitate representatives of Australia's States, they are former Premier Bjelke-Petersen. The Premier elected to give a voice to their State was trying to create his own constitutional constituencies. It is on occasions such as this, crisis. This attempt at constitutional when a State Parliament has a direct role in vandalism—this sort of ridiculous, filling a casual Senate vacancy, that the unsustainable, ill-conceived stance by the relationship between the Senate and the Premier—has since resulted, of course, in States is made plain. another one of the Borbidge backflips. On behalf of the Queensland When the Premier issued his threat, he Government, I am pleased to move this claimed to have legal advice that he could motion and to wish Mr Bartlett well. I am sure challenge the Constitution and nominate an that when he considers Federal measures, he Independent replacement for Senator Colston. will keep in mind the fact that as a The Premier said that there were all sorts of Queensland representative his vital role is to other options, including a very long delay in his ensure that the interests of our great State are nominating a replacement. On ABC radio the given their proper worth every time. Premier said—and members should listen to this because it is very interesting— Mr BEATTIE (Brisbane Central—Leader of the Opposition) (8.52 a.m.): I rise to second "There is no—as I understand it—no the nomination of Andrew John Julian Bartlett requirement that the nominee of the to the Senate vacancy. It is sensible and political party put forward is necessarily appropriate for the Parliament to debate a the choice that the Parliament would replacement today for Cheryl Kernot in the have to make. Senate. This will enable her replacement, There is quite a number of exciting Andrew Bartlett, to take up his position as a possibilities should this occur." senator as expeditiously as possible to ensure that Queensland is properly and fully The Sydney Daily Telegraph commented— represented in the Senate. I would like to "Queensland Premier Rob Borbidge thank you, Mr Speaker, for convening this clearly is in trouble at home and is early sitting of the Parliament to resolve this prepared to insult the Constitution to matter with, of course, the cooperation of the extract himself. Government. No one is supporting him, he has no Queensland has a sad history when it legal justification, and even common comes to replacing senators. All of us will recall sense says he is wrong and being bloody- the infamous day when Premier Bjelke- minded." Petersen rode roughshod over the wishes of Mr Horan: I never thought you would Queenslanders by sending the ill-fated Patrick stoop to this. Field to the Senate, contributing to the demise of the Whitlam Government. That dishonest Mr BEATTIE: We will stand up for the and improper behaviour resulted in the people Constitution and for doing the right thing. If the of Australia voting for a change in the Government thinks that it will get away with its Constitution to prevent that sort of behaviour half-smart attempt to slide this through, it is being repeated. Hence today, quite rightly, a wrong. Democrat is replacing Cheryl Kernot. The Australian Financial Review stated— I am pleased that the appointment of "This intervention was mad and bad. Andrew Bartlett is being resolved in a Bad because it had shades of the constitutional manner, instead of the Premier disgraceful 1975 Bjelke-Petersen 30 Oct 1997 Vacancy in Senate of Commonwealth of Australia 4053 appointment of Labor rat Pat Field. Mad, Government members interjected. because the 1977 constitutional Mr BEATTIE: Mr Speaker, let amendment requiring a Senate Government members attack the Constitution. replacement to be from the same party as the former Senator was designed I also remind members that as recently as specifically to prevent what Borbidge was 17 October the Premier said he would not canvassing." compromise what he called the exceedingly Mr Horan interjected.