It’s not surprising that Tony Abbott’s plan for a carbon tax plebiscite has aroused little enthusiasm. As many have pointed out, our system just doesn’t work like that — and Abbott himself undercut the argument by equivocating on the question of whether a future Coalition government would be bound by a plebiscite result it disagreed with.
Even if the legislation were able to get through parliament, it’s unclear how a plebiscite could be funded, since laws cannot appropriate public money without the prior approval of the government (Constitution, section 56).
But it’s interesting to contrast the latest opposition tactic with last week’s moves on the so-called “Malaysian solution” for processing asylum seekers. There, instead of asserting the rights of the people against parliament, the opposition pursued, and won, a vote in both houses of parliament condemning the government’s policy.
Unfortunately for Abbott, he seems to lose both ways. Popular sovereignty via plebiscite won’t get a run, but parliamentary sovereignty doesn’t seem in great shape either, since the government made it clear that it would ignore the parliamentary vote and proceed with the Malaysian solution anyway.
So although George Williams, for example, is correct to point out that we have “a system in which we elect parliamentarians to make decisions on our behalf”, Julia Gillard is hardly in a position to say that too loudly, having just shown the impotence of a parliamentary majority.
The truth is that while we think of ourselves as a democracy where power originates from the people, our parliamentary system reflects that only imperfectly. It still bears the hallmarks of its origins in a time when the ministers were the servants of the monarch and parliament functioned as a check on their power, rather than as its source.
Parliament has effective means of checking the executive: it can impose conditions on funding or refuse it altogether, it can reject legislation it disapproves of, and as a last resort it can expel or even impeach ministers. But its powers are basically negative; they are not designed for it to take the initiative in policy making.
If you were starting from scratch to design a system of responsible government, you might well provide that a resolution of both houses of parliament would be binding on the executive. But that’s never been the case in the Westminster system; to be effective, parliament’s will has to be expressed in legislation (which in this case the Greens and the Coalition are unlikely to be able to agree on).
There is one important exception: a direct resolution of the lower house is enough to remove a government (or an individual minister) from office. Even that is a relatively modern development; it can be dated to 1742, when the house of commons forced Robert Walpole to resign, and it remained contested territory for another hundred years.
But these days that is the real basis of parliament’s power. Its supremacy is complete, provided it is willing to push an issue to a change of government if need be.
If a parliamentary majority isn’t willing to take that final step — and the current house of representatives clearly isn’t — then the government doesn’t have to worry too much about its approval. It can call the parliament’s bluff and proceed with its policies regardless, at least up until the point where they require legislation.
So when Abbott last week said that “what the Greens need to do is force the government to scrap” the Malaysian solution, what he means is that the Greens or other crossbenchers need to threaten to bring down the government in order to force a change of policy. But since the Greens and the Coalition come to the issue from opposite directions, such a threat would lack credibility.
Responsible government as we know it doesn’t mean that parliament gets to decide every issue. It decides which of the alternatives should form government, and it can change its mind about that, but until it does it has to allow that government to have its way.
Good piece. It’s nice to be reminded occasionally that regardless which lunatic is driving, the bus itself is pretty well designed.
Stevo – I don’t think that is the point of the article but rather that, having been based on 19thC Whig/Tory dichotomy (simplistically, mercantile/landed) it was either/or.
After the Industrial Revolution gave us WWI (mechanised, long distance slaughter and the delightful term ‘cannon fodder’) that social order was shattered and labour came to the fore, less so on the Continent which hadn’t entirely shed feudalism and its attitudes until WWII, or even until last week in some areas.
The atomisation & unmooring of previous interest groups/classes plus the semi PR Group/List electoral system on the Continent meant that there is rarely a majority government (and I’m not referring the Italy’s revolving door) in any major euroid country.
All legislation is passed after extensive consultation and negotiating, the antithesis of the ‘strong’ government so beloved of the Right (that having worked so wonderfully well previously) and proclaimed as loudly as was once the Divine Right of Kings, with even less evidence.
Let’s have lots more strong Independents rather than majority one party rule – wasn’t 2004-2007 a great example of governing for all Australians?
Re Paragraph 3: “…the opposition pursued, and won, a vote in both houses of parliament condemning the government’s policy.”
Not so, as I heard it.
The definition of “win” is at stake here. The Opposition failed to muster a majority of all Members in either chamber. It failed in both places and won in neither.
So, I presume that the author does not accept that a majority of members must vote for a no-confidence motion for it to succeed. What if this were not the case? Would a vote taken with some members absent, as happened on this occasion, really represent the wishes of the parliament and/or lead to an unequivocable outcome, if those voting for the motion were less than half of the total eligible?
It seems to me that this is the only way that such a decision can be decided, if it is not to be disrespected because of mathematical possibilities after the event.
Caution for all: There are many versions of democracy, across many models. No two are the same and weaknesses and strengths are not shared equally between all models.
Or amongst all who would claim to be democratic. Tony Abbott’s antics in this matter are a standout example of this.
@ Stevo & AR: I’m somewhere between the two of you on this. I think our system by and large works pretty well, but we need to understand its limitations. Ideally I would like to move to something more like a European PR system, but I don’t think the chances of that are very great.
@ John: In general the fact that some members are absent makes no difference to the validity of a vote. If a govt lost a vote of confidence only because some of its members were accidentally absent, it would probably not feel obliged to resign but would have the vote retaken at a later date when its MPs were all there. But nothing like that happened last week – the opposition clearly had a majority on the Malaysian solution. The vote in the Reps was 70-68, another 5 members on each side were paired & one Nationals MP was absent but not paired (I don’t know why not).
Charles: Are you saying that I was misinformed via Radio National yesterday? I am sure that there was something said to the effect that the rule for this type of motion is that an absolute majority of all Members is required, not just a simple majority of those present and voting. You are focussed on the latter, I on the Radio National version. They are mutually exclusive.
Do you know where the relevant rules of the two houses can be found?
Regarding having the vote retaken on another date… isn’t this a bit informal? Is there some kind of tradition which allows Lost votes to be re-taken and perchance to become Not Lost After All… At Least Till Next Time? I might be displaying my ignorance here, but surely there are rules by which votes are determined as being either “Lost” or “Carried”. This is the purpose of counting votes, I would presume.
Here I was, thinking that the motion was about lack of confidence in the Government or the PM, when it was actually about the Malaysian Solution. This is becoming passing strange, because the Government is on record as saying that there is no need for legislation on this matter. Are we discussing a motion of No Confidence or a motion about there being no motion at all about the Malaysian Solution? Is what is going on here just empty words?
And what the Dickens did I hear on the ABC? What were they discussing?