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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-07-15 Daily Xml
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Ministerial Statement

LEGISLATIVE COUNCIL REFORM

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs, Minister for Veterans' Affairs) (14:02): I seek leave to make a ministerial statement.

Leave granted.

The Hon. M.J. ATKINSON: Today I announce to the house that the government will honour its pledge to reform the Legislative Council through a referendum coinciding with the 2010 general election. In November 2005, the Premier announced the government's intention to seek the views of South Australian voters at the 2010 election through a referendum. The government has listened to the people of South Australia—

Members interjecting:

The SPEAKER: Order!

The Hon. M.J. ATKINSON: The government has listened to the people of South Australia and decided that it would be inappropriate to abolish the Legislative Council. We have received enough feedback from the public to know that it would be a waste of time and money to go to the people with a question to which we already know the answer. Instead, the government believes that the appropriate question is whether to reform the Legislative Council.

In 2003, as part of the government's constitutional convention, participants were interviewed after the convention. The post-deliberation survey results of delegates interviewed indicates that there is support for the retention of a bicameral system. In particular, it disclosed these opinions:

80 per cent of those surveyed believed in the need to continue with two houses of parliament.

75 per cent of those surveyed believed that the term of members of the Legislative Council should be four years rather than eight years.

Two bills will be introduced into parliament to reform the Legislative Council. One will seek to amend the Constitution Act and the other will ask for the consent of the parliament to hold a referendum on reforming the Legislative Council.

The two bills—the Constitution (Reform of Legislative Council and Settlement of Deadlocks on Legislation) Amendment Bill 2009 and the Referendum (Reform of Legislative Council and Settlement of Deadlocks on Legislation) Bill 2009 include a series of changes to the structure of the Legislative Council and the system of electing its members. The changes include:

reducing the number of members of the Legislative Council from 22 to 16—a reduction in the number of members of parliament;

reducing the length of term of office of members of the Legislative Council from eight to four years;

giving the President of the Legislative Council a deliberative rather than a casting vote;

providing a deadlock provision where the House of Assembly may resolve that it would be appropriate for both houses of parliament to be dissolved on account of a position taken by the Legislative Council on a bill. If that occurs the Governor may dissolve both houses by proclamation and a general election would then be held.

The last mechanism is similar to that operating at the commonwealth level, and it gives the Legislative Council several opportunities to consider and negotiate on a bill about what is effectively today a right of veto. This is far closer to the proper review character of a second chamber than what we have today

Both houses of parliament must first pass the bills and then a referendum would be held in conjunction with the 2010 general election. The ball is now firmly in the court of the opposition, and the minor parties, to decide whether South Australians should get the opportunity to vote for reform.

Members interjecting:

The Hon. M.J. ATKINSON: Well, apparently the Leader of the Opposition thinks fewer MPs is funny.

The Hon. J.D. Hill: They have had to deal with fewer MPs on their side for some time.

The Hon. M.J. ATKINSON: Well, they have had to deal with fewer MPs themselves. The Liberal opposition under its previous leader has demanded that we put to a referendum other questions, such as whether we have a new hospital or a new sports stadium, so it would be inconsistent for the Liberal Party to vote against having a referendum on such an important question as Legislative Council reform.

Members interjecting:

The Hon. K.O. Foley: Vickie, aren't you slightly embarrassed?

The Hon. M.J. ATKINSON: Way down. Should the bills be passed and should the referendum be successful, the changes to the election of members would take effect at the 2014 election, whereby all members of the Legislative Council would be up for election and there would be only 16 vacancies to be filled.

The government cannot call a referendum on the issue without the passing of the bills, so we cannot do this without the consent of the Liberal opposition. The Liberal opposition can veto reform of the Legislative Council if it wishes. This means that for reform to occur the Legislative Council must vote to reform itself.

Only time will tell whether the members of the Legislative Council in the opposition and on the cross benches have the courage to let South Australians decide their future.

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