Australian Constitutional Convention 1998

The 1998 Australian Constitutional Convention was a Constitutional Convention which gathered at Old Parliament House, Canberra from 2 to 13 February 1998. It was called by the Howard Government to discuss whether Australia should become a republic. The convention concluded with "in principle support" for an Australian republic (with a dissenting minority voting for a continuation of the Australian constitutional monarchy) and proposed a model involving appointment of the head of state by Parliament.Vizard, Steve, ''Two Weeks in Lilliput: Bear Baiting and Backbiting At the Constitutional Convention'' (Penguin, 1998, ) The model was put to a referendum in November 1999 and rejected by the Australian electorate.

Background

Australia remains a constitutional monarchy under the Australian Constitution adopted in 1901, with the duties of the head of state performed by a Governor-General selected by the Australian Prime Minister. Australian republicanism has persisted since colonial times, though for much of the 20th century, the monarchy remained popular. In the early 1990s, republicanism became a significant political issue. Australian Labor Party Prime Minister Paul Keating indicated a desire to instigate a republic in time for the Centenary of the Federation of Australia in 2001. The opposition Liberal-National Coalition, led by Alexander Downer, though less supportive of the republic plan, promised to convene a Constitutional Convention to discuss the issue. Under John Howard, the Coalition won the 1996 Federal Election and set the Convention date for February 1998.

Composition

The convention comprised 152 delegates from all of the states and territories of Australia – half elected by voluntary postal vote and half appointed by the federal government. Of the appointees, 40 were representatives of the commonwealth, state and territory parliaments. Various pro-republican and pro-monarchy delegates were elected and various parliamentary and non-parliamentary delegates were appointed including state and territory leaders. The convention was chaired by the Right Honourable Ian Sinclair , of the National Party of Australia with the Honourable Barry Jones of the Australian Labor Party as deputy chairman.

Prominent advocates

Parliamentarians

Sitting members of the Liberal-National Party Coalition were permitted a free vote on the republican issue, while the Australian Labor Party (ALP) adopted the republican position as a matter of party policy. Senior Liberals split on the issue, with the Prime Minister, John Howard, supporting the status quo and the Treasurer, Peter Costello, supporting a republic. Other representatives of the government at the convention included the Attorney General, Daryl Williams, the Minister for the Environment, Robert Hill, and the Minister for Social Security, Jocelyn Newman, as well as the Deputy Prime Minister, Tim Fischer, and other Members of Parliament. The Leader of the Opposition, Kim Beazley, was accompanied by colleagues Gareth Evans, John Faulkner and others, while the Australian Democrats sent Senator Natasha Stott Despoja.

The states all sent three representatives including their premiers and opposition leaders, while the territories were represented by their chief ministers. Premiers Bob Carr (New South Wales), Jeff Kennett (Victoria), Rob Borbidge (Queensland), Richard Court (Western Australia), John Olsen (South Australia) and Tony Rundle (Tasmania) attended, along with chief ministers Kate Carnell (Australian Capital Territory) and Shane Stone (Northern Territory).

ARM and ACM

A number of members of the Australian Republican Movement (ARM) attended the convention. ARM was established in July 1991 and comprised distinguished Australian intellectuals, politicians and former politicians, business people, students and other citizens who supported an Australian republic. A number of Australian Labor Party supporters and members were attracted to the organisation, though its leader from 1993 to 2000 was future Liberal Prime Minister Malcolm Turnbull. Prominent delegates at the Convention included media personalities Steve Vizard and Eddie McGuire, businesswoman Janet Holmes à Court and businessman Lindsay Fox.

Australians for Constitutional Monarchy was established in 1992, after Prime Minister Keating announced his republican agenda. The organisation was called together to counter the republican movement by Justice Michael Kirby and like minded constitutional monarchists including Lloyd Waddy , Aboriginal statesman Neville Bonner, Chancellor of the University of Sydney Dame Leonie Kramer, Helen Sham-Ho (the first Chinese-born member of an Australian Parliament), Doug Sutherland (former Labor Lord Mayor of Sydney) and others.

Later, former Labor leader and Governor General Bill Hayden joined the organisation and membership grew to more than registered supporters nationwide. Justice Kirby argued that a constitutional monarchy is "a system of government for those committed to effective checks on rulers and to liberal democracy". Kirby resigned from the organisation upon being appointed a judge of the High Court of Australia and did not participate in the Convention. ACM recruited Tony Abbott as its first full-time executive director, although his membership also ceased following pre-selection as a Liberal candidate for election to the Federal Parliament in March 1996. Kerry Jones was then appointed executive director of ACM in his place. She and Lloyd Waddy led ACM through the 1998 Constitutional Convention and the 1999 referendum. Don Chipp, founder of the Australian Democrats, was one of ACM's delegates at the Convention.

Others

Smaller republican groupings included "A Just Republic", the "Real Republic" group, the Clem Jones "Queensland Constitutional Republic Team" and the Ted Mack group. Other monarchist groups included the "Constitutional Monarchists" group, the Australian Monarchist League and "Safeguard the People". Other minor Australian political parties with elected representatives included the Shooters Party, the Christian Democrats (Fred Nile Group). A number of individuals were elected under other grouping names, including lawyer Jason Yat-Sen Li ("A Multi-Cultural Voice") and Misha Schubert ("Republic4U – The Youth Ticket").

Six Indigenous delegates participated in the Convention, including magistrate Pat O'Shane, who was vocal in support of a republic and monarchist Neville Bonner, Australia's first Aboriginal parliamentarian, who ended his contribution to the Convention with a Jagera Tribal Sorry Chant in sadness at the deception practised by republicans. The Republican Model, as well as a proposal for a new Constitutional Preamble which would have included the "honouring" of Aboriginals and Torres Strait Islanders.

Lady Florence Bjelke-Petersen and Glen Sheil represented the group named "Constitutional Monarchists", while prominent Returned and Services League spokesman Bruce Ruxton represented the monarchist "Safeguard the People" group and Brigadier Alf Garland represented the Australian Monarchist League. Ted Mack and Phil Cleary were prominent independent republicans.

Clergy from the major churches were appointed as delegates: the Catholic Church in Australia's George Pell and the Anglican Church of Australia' s Peter Hollingworth; while republican Tim Costello, a prominent Baptist minister was elected as a representative for Victoria from the "Real Republic Group".

Other appointees included academics, such as historian Geoffrey Blainey and Sydney University chancellor Leonie Kramer; legal and constitutional experts such as law professor Greg Craven retired judge Richard McGarvie and public servant David Smith. Former Vice Regal office holders were also appointed, including former Governor of South Australia Dame Roma Mitchell and former Governor General Bill Hayden. Senior business appointees included Sir Arvi Parbo and Donald McGauchie. Journalist delegates included Mia Handshin and Miranda Devine.

Debate and conclusions

The Convention debated the need for a change to the Constitution of Australia which would remove the monarchy from a role in Australian government and law. According to the final communiqué issued by the Convention, three questions were considered:

:Whether or not Australia should become a republic; which republic model should be put to the voters to consider against the current system of government; in what time frame and under what circumstances might any change be considered.

Delegates advocated a range of positions from no-change to minimal change to radical change. According to the final communique:

:Three categories of model for a possible Australian republic were before the convention. They were: direct election, parliamentary election by a special majority, and appointment by a special council following prime ministerial nomination.

"In principle" agreement was reached by a majority of delegates for an Australian Republic (though a minority bloc of Monarchists dissented). Following a series of votes, a proposal for a " Bipartisan Appointment of the President Model" for an Australian republic was endorsed by a majority of delegates who voted for or against the motion (monarchists and some radical-change republicans abstained from the vote). According to hansard, the vote for the Bi-Partisan model was: "for" 73, "against" 57 with 22 abstentions.

The final communiqué recommended that Parliament establish a committee responsible for considering the nominations for the position of president and consult widely in the community and compile a shortlist for the Prime Minister. Taking into account the recommendations of the committee, the Prime Minister would then present a single nominee, seconded by the Opposition Leader to a joint sitting of the Australian Parliament which must gain a two-thirds majority in order to be endorsed. The president could be removed at any time by a notice in writing signed by the Prime Minister, however if the House of Representatives failed to ratify this dismissal, the president would be eligible for re-appointment. The powers of the president were to be those of the existing office of Governor General of Australia

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