Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Hansard source

Senator Ludwig, I listened to your contribution in silence. I would invite you to listen to mine in silence as well. The simple fact is that the parliament still has a say in relation to these matters by virtue of a disallowance motion. So if the parliament is of the view that the decision of the Governor-General, in overriding an ACT law, happens to be wrong in principle, or whatever, it is open to any senator to move a motion of disallowance and have it debated in the Senate. Indeed, that is what excited the interest of the Australian Greens with regard to the civil unions legislation in the ACT. We actually debated it in the Senate, and as representatives of the Australian people we said, ‘We happen to agree with the government’s decision in overriding that legislation.’ The parliament and every single senator in this place got a vote on that very issue.

So let us not have any nonsense or this hyperbole that somehow we are denying the democratic rights of this parliament to have a say and a vote. The structure that is in place, starting with section 122 of the Constitution, which the Australian people voted for, gives us the power. Then there is the legislation that was passed here about 20 years ago under a Labor government. It has been fully accepted until now, when we happen to have debated it and dealt with it in relation to civil unions. It has excited the attention of the Greens and others. We are of the view that there is an appropriate mechanism here and that further consideration of Senator Brown’s amendment is simply not warranted. It is a question of priorities. What should the Senate be spending its time on? What should the Senate committees be spending their time on? Senator Brown is undoubtedly looking to develop a mechanism whereby the overriding of the ACT civil unions legislation can somehow be undone. We as a government are very firm in our view and stance on marriage and our position is clear. The great thing about Australian democracy is that people will be able to cast a vote on these matters at the next election.

Question put:

That the amendment (Senator Bob Brown’s) be agreed to.