Trashing the place

The Australian voters gave the Coalition the keys to the Senate at the federal election, they did not give them permission to trash the place...

But despite Prime Minister Howard's promise that the Coalition would not abuse the power of having control of the Senate, they've already started.

Already the Government is overstepping its mandate; arrogantly acting on issues it did not campaign on during the election, including restricting access to abortions and voluntary student unionism. And it has no mandate for many of the other initiatives it is now talking about.

For instance it does not have a mandate to minimise existing accountability safeguards such as Budget Estimates hearings or normal scrutiny of legislation in Senate Committees. Yet they have already stifled the Senate with a shortened 2005 sitting period of only 14 weeks, suggesting they will try and use regulations rather than legislation to avoid parliamentary and public scrutiny.

On the 28th of October the Prime Minister claimed "the Government will use its majority in the new Senate very carefully, very wisely and not provocatively. We intend to do the things we've promised the Australian people we would do but we don't intend to allow this unexpected but welcome majority in the Senate to go to our heads"

If the Prime Minister really meant what he said he should make a firm 'core' commitment to maintaining current Senate arrangements for scrutinising legislation, holding inquiries and allowing the public and experts to provide submissions into upcoming bills. And he should think twice about forcing through legislation that had been previously rejected by the Senate and that was not raised during the election campaign.

To demonstrate his commitment he could start by scheduling time for some of the dozens of Private Members Bills that have been before the Parliament in some cases for decades - before bringing on for debate Private Members bills that would limit women's access to abortion.

Below is a list of previously rejected bills, as well as a list of other likely 'initiatives' expected to be rushed through the Parliament after June 2005.

BILLS REJECTED TWICE, 'DOUBLE DISSOLUTION' BILLS
* Family and Community Services Legislation Amendment (Disability Reform) Bill (No.2) 2002 - negatived on 19 November 2002 & 23 June 2003 (Bill decreases income for many people with disabilities)
* Migration Legislation Amendment (Further Border Protection Measures) Bill 2002 - negatived on 9 December 2002 & on 16 June 2003 (Bill excises over 4,000 northern Australian islands from the migration laws of the remainder of Australia)
* Trade Practices Amendment (Small Business Protection) Bill 2002 - negatived on 19 August 2002 & 23 March 2003. (Bill allows the ACCC to bring representative actions on behalf of people damaged by conduct in breach of the sections 45D and 45E, the secondary boycott provisions of the Trade Practice Act)
* Workplace Relations Amendment (Secret Ballots for Protected Action) Bill 2002 - negatived on 25 September 2002 & 24 March 2003. (Bill makes access to protected industrial action for enterprise bargaining under the Workplace Relations Act contingent on there being a secret ballot of the employees involved)
* Workplace Relations Amendment (Termination of Employment Bill) 2003 - negatived at 3rd reading on 11 August 2003 & 22 March 2004. (Bill extends federal unfair dismissal law)
* Workplace Relations Amendment (Fair Dismissal) Bill 2002 - 'laid aside' on 28 June 2002 & 25 March 2003 with unacceptable amendments (Bill exempts small businesses from the unfair dismissal provisions of the Workplace Relations Act)
* Telstra (Transition to Full Private Ownership) Bill - negatived at 2nd reading on 30 Oct 2003 & 30 March 2004 (Bill repeals the Commonwealth's requirement to retain its 50.1% equity)

BILLS REJECTED ONCE
* Broadcasting Services Amendment (Media Ownership) Bill 2002 - 'laid aside' on 27 June 2003 with amendments insisted on by the Senate. [No.2] Bill introduced S 2 Dec 2003.
* Workplace Relations (Compliance with Court and Tribunal Orders) Bill 2003 - negatived at 3rd reading on 8 March 2004
* Migration Amendment (Duration of Detention) Bill 2004 - negatived at 2nd reading on 8 March 2004
* Sex Discrimination Amendment (Teaching Profession) Bill 2004 negatived at 2nd reading on 25 June 2004

OTHER 'INITIATIVES' THE COALITION COULD FORCE THROUGH AFTER JUNE 2005
* Impose discriminatory welfare requirements on Indigenous Australians;
* Force universities to offer AWA's, ban staff strikes that affect students, take control of unis from the States, allow more private unis into higher education sector by relaxing the definition of a university;
* Ban on overseas adoptions by same sex couples and on single and lesbian women's access to IVF;
* Exemption of people addicted to illicit drugs from the Disability Discrimination Act;
* Weaken the powers of the Human Rights and Equal Opportunity Commission (HREOC) through introduction of generalist commissioners and requirement for HREOC to seek leave from the Attorney General before intervening in cases in the Federal court;
* Change the election procedures for the Senate - to make it easier for the Government to again control the Senate in the future;
* Remove or restrict Senate accountability processes such as inquiries;
* Give themselves more printing allowances to ensure incumbents have a better chance in the election (the Senate knocked back higher printing allowances for House of Representative members last year);
* Pass the Judicial Review Bill to limit even further appeal rights of asylum seekers in the High Court;
* Pass a wide range of contentious industrial relations legislation such as the Building and Construction Industry Improvement Bill 2003 and Workplace Relations Amendment (Protecting the Low Paid) Bill 2003 ;
* Disability reform to take people who can work 10 hrs a week off the disability support pension and oblige others to compete in the open job market;
* Impose a cap on Child Support payee earnings, reduce amount payable, and remove ability to sight other party's evidence;
* Extend anti-terrorism powers previously blocked by the Senate;
* Pass the Telecommunications Interception, Surveillance Devices and Passports Bills; and,
* More tax cuts for high income earners.

Senator Andrew Bartlett is Leader, Australian Democrats

RAPID RESPONSE EMAIL: What do you think?
If you bounce, tuffinlindsay@hotmail.com

Monday, November 15, 2004

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