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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-07-15 Daily Xml
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Ministerial Statement

LEGISLATIVE COUNCIL REFORM

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (14:20): I have a ministerial statement made by the Attorney-General in another place but, given its subject matter, I think I should read it out to the council. It is on the subject of Legislative Council reform, and it states:

Mr Speaker, today I can announce to the house that the government will honour its pledge to introduce legislation to reform the Legislative Council through a referendum coinciding with the 2010 State Election.

In November 2005 the Premier announced the Government's intention to seek the views of the South Australian voters at the 2010 election through a referendum.

The Government has listened to the people of South Australia and decided it would be inappropriate to abolish the Legislative Council. We have received enough feedback from the community to know it would be a waste of time and money to go to the people with a question for which we already know the answer. Instead—

Members interjecting:

The PRESIDENT: Order!

The Hon. P. HOLLOWAY: I am happy to answer the question in question time. The statement continues:

Instead, this Government believes that the appropriate question to put to the people is whether it is time 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 the South Australians interviewed indicated that there is support for the retention of the 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 members of the Legislative Council's terms should be four years rather than eight.

Two bills will be introduced into parliament to reform the Legislative Council. One will seek to amend the Constitution Act 1934 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. These changes include:

reducing the number of members of the Legislative Council from 22 to 16;

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

giving the President of the Legislative Council a deliberative vote instead of a casting vote; and

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 the 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.

This last mechanism is similar to that operating at the commonwealth level. It gives the Legislative Council several opportunities to consider and negotiate on a bill without what is effectively, today, a right of veto. This is far closer to the proper review character of the second chamber than the model we have today. Both houses of parliament must first pass the bills, and a referendum would be held in conjunction with the 20 March 2010 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 on this issue. The Liberal opposition, under its previous leader, 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 opposition members to vote against having a referendum on such an important question. Should the bills be passed and the referendum be successful, the changes to the election of members will take effect at the 2014 election, whereby all members of the Legislative Council would be up for election and only 16 vacancies would be filled.

The government cannot call a referendum on the issue without the passing of the bills. This means that for reform to occur the Legislative Council must vote to reform itself. Only time will tell whether opposition members of the Legislative Council and members on the crossbenches have the courage to allow the South Australian people to decide their future.

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