Eric Abetz (Tasmania, Liberal Party, Minister for Employment) Share this | Hansard source

by leave—I move:

That the Senate records its deep regret at the death, on 15 November 2014, of the Right Honourable Reginald Greive Withers, a former senator for Western Australia, places on record its appreciation of his long and highly distinguished service to the nation and tenders its profound sympathy to his family in their bereavement.

Today the Senate pays tribute to an extraordinary parliamentary career and the coalition says a very fond farewell to one of its heroes. Reginald Greive Withers was born in Bunbury on 26 October 1924, so he had attained the venerable age of 90 when he died on 15 November this year. He grew up in Bunbury, his father, Fred, being the Labor member for Bunbury for 23 years, and, rather than Reg being the black sheep in the family, he described his father as being the 'red' sheep. He was educated at Bunbury state school and Perth Technical College. He joined the Royal Australian Navy and saw active service from 1942 to 1946 in corvettes, including lengthy spells on convoy duty in the Mediterranean. He was discharged with a rank of coder.

Having grown up in a Labor household, it might have been expected that Reg Withers would have followed his father into state politics. However, on returning to Western Australia, Withers became frustrated with the regulations and restrictions in postwar Australia. He said: 'I spent four years fighting against that sort of tyranny and I saw Menzies and the Liberals fighting against it here. So I joined the Liberal party.' He studied law at the University of Western Australia with assistance under the Commonwealth Reconstruction Training Scheme and practised in Bunbury, first as a solicitor and then at the bar. He was a member of the Council of the Law Society of Western Australia from 1955 to 1965 and a member of the Bunbury Municipal Council, his first foray into local government. He was also active in the Anglican Church, serving on the Bunbury diocesan council.

He became involved in politics at branch level and served on the executive of the Liberal and Country League as state vice-president from 1958 to 1961 and then as state president from 1961 to 1965. In 1966, Reg Withers was appointed to a casual vacancy in the Senate caused by the death of the then Defence minister, Sir Shane Paltridge. He became Government Whip in the Senate in 1969 and from 1972 was Leader of the Opposition in the Senate.

His well-known nickname was the 'Toecutter'. But, as his press secretary at the time, Russell Schneider, has written, to his friends it was a term of amused affection, to his enemies, the height of derision—toe-cutting being the methodology inflicted on enemies of a particular gang in New South Wales in the 70s to gain information from other criminals. It was asserted they never had to reach double figures before the information sought was gleaned from the unwilling participant.

It would be fair to say that he played his politics hard, but the man himself was nothing like the image that some like to portray. He was a man who was very practical and modest. He was proud of his naval service but never boasted about it. He was typical of that class of parliamentarians from both sides who saw service in World War II and whose guiding light was to help develop the Australia they fought to protect. They were a noble group of men who had done their duty and knew it and found no need to remind everyone.

Reg Withers used to say to his staff and his colleagues: 'Never crow in victory nor whinge in defeat.

That was how he approached politics. He did not like political correctness and stood for old-fashioned values. He was politically tough but gentle and compassionate in private. He was a very shrewd judge of character and gave great loyalty. When it was not returned, he was simply disappointed.

One of his closest friends in the Senate was Senator Pat Kennelly, who was Labor's deputy Senate leader for many years and who was a wily Irishman. He gave Withers this advice: 'Stay in the chamber as much as you can. Learn the procedures. At some time, knowing how this place works may be very important.' Those words were very prophetic and, I might add, they are still valuable words of advice to any senator.

Although the Whitlam government, elected in 1972 without a majority in this place, had a trying time dealing with this chamber, it is often overlooked that Reg Withers, as Leader of the Opposition in the Senate, had matching challenges. Not only did he have to placate his backbench but he had to deal with a large group in the Senate party room who were unhappy when Malcolm Fraser replaced Bill Snedden as leader. It is important to note that, in the so-called supply crisis of 1975, Withers successfully held a team together despite some strong personalities who had shown their willingness to cross the floor on other matters including, for example, men such as Senator Reg Wright from my home state and Senator Ian Wood from Queensland.

Some writers suggest that the opposition parties in the Senate were about to break at the end of 1975. Russell Schneider, the former press secretary to Reg Withers, has told me that the senators who would ordinarily be likely to break ranks were the very ones who understood the magnitude of deferring the vote on the supply bills and supported Withers in this tough strategy. Withers also admired the strength of the female senators; he said to a colleague: 'The only man in this place are the women.' I dare say you would not be allowed to say that today. One has to admire the professionalism of Reg Withers in keeping his team together at that time. Michelle Grattan aptly headed a profile of Reg Withers with the words: 'A cool man in a hot seat'.

When Malcolm Fraser asked Withers on 11 November 1975 how long it would take, hypothetically, to secure passage of the supply bills, Withers said he thought it could be done quickly if that is what was required. The tactic of deferring the money bills, rather than defeating them outright, was Senator Withers' tactic. He, who so self-deprecatingly referred to himself as 'a bush lawyer from Bunbury', outsmarted the dapper QC Whitlam.

After Fraser was commissioned as Prime Minister, he instructed Senator Withers to have coalition senators accede to the money bills. The government leader in the Senate at the time, Senator Ken Wriedt, had unaccountably not been told of the events at Yarralumla and so, when the Senate resumed after lunch, Senator Withers said to Senator Wreidt: 'What about those bills—will you move them or will I?' Senator Wreidt moved the third reading and they passed on the voices—Wreidt believing the coalition had buckled.

There has been much written about whether the coalition was right to use its numbers to make life difficult for the Whitlam government. Senator Withers had actually lived through the war of attrition that Labor senators waged against the Holt, Gorton and McMahon governments. On at least 170 occasions, money bills had been voted against by Labor senators; but they did not have a majority in the Senate. The intent was there, if not the numbers. Indeed, Mr Whitlam indicated Labor's intention to block the coalition's money bills. This is studiously avoided by those who seek to decry the coalition's commitment to removing the most dysfunctional government Australia had experienced up until that time. Indeed, Whitlam's own words during the attempt to defeat these money bills were:

…we will vote against the bills here and in the Senate. Our purpose is to destroy … the government.

They were Mr Whitlam's own words; it is interesting how that is so often forgotten in commentary on the events of 1975, in which Senator Withers played such a very important role.

The day after the dismissal the caretaker ministry was sworn in and Senator Withers was given four ministries: capital territories, Special Minister of State, media, and tourism and recreation. Honourable senators may recall that one of the conditions Sir John Kerr imposed on the caretaker Prime Minister was that there be no administrative changes until after the double dissolution election, so all ministers were sworn to portfolios held by their Labor predecessors. During that double dissolution campaign, Senator Withers was asked: 'And what does the minister for media do?' In his normal, disarming way he said, 'I have no idea and if we are elected I hope we get rid of it.'

After the December election, Senator Withers was given the role of Minister for Administrative Services and continued as leader of the Liberal Party in the Senate. In 1977, to mark the Queen's Silver Jubilee visit to Australia, Reginald Grieve Withers was appointed to Her Majesty's Privy Council—a very rare honour and one bestowed on only a handful of senators since Federation. He was, in fact, the last Australian so honoured. After his sacking from the ministry he quipped: 'Malcolm might think I am neither right nor honourable but the Queen thinks otherwise.'

His demise from the ministry in 1978 is judged by many—including myself at the time—to have been wrong. It was the result of a bizarre royal commission finding that Senator Withers' passing contact with the Commonwealth Chief Electoral Officer about an electorate's name in Queensland was somehow 'improper'. It is important to remind the Senate that the contact was purely about preserving the name of the seat of McPherson for the electoral division rather than changing the name to Gold Coast. It was not a material conversation about the redistribution itself or about boundaries, and it was in line with the views of the parliament's Joint Standing Committee on Electoral Matters that said, 'where possible, names should be maintained'.

In the wake of this finding by the royal commission—that Senator Withers had somehow acted improperly—Fraser removed Withers from the ministry. He was deeply affected by this demotion, which many felt was a disproportionate response. Indeed, years later, Senator John Button described this sacking in Hansard as 'most unfair'. No less a person than former High Court judge Ian Callinan much later wrote about the royal commission that 'as it unfolded, it became more and more obvious that no-one had done anything wrong'.

Allan Reid, Australia's greatest political journalist, deconstructed the royal commission's findings in an article in The Bulletin of the 22 of August 1978. It seems that the royal commission felt compelled to find a wrongdoer, although the purpose of the royal commission—to see if anyone had tried to influence the outcome—was found to be groundless. And I might quote from Alan Reid's article in The Bulletin of 22 August 1978:

Pearson—

who was one of Withers' departmental heads and a public servant of the highest repute and proven integrity—

had no doubt about the propriety of his action. He had referred to his copy of the Electoral Act and told Withers: 'Section 22 of the Act says you cannot influence a commissioner in the performance of his duties under the Act. The commissioner's duties are only concerned with boundaries. They give names for identification by custom. Parliament decides the names. So I've no worries. I know I am certain that it would be proper to ring Frank Coleman'—

the chief distribution commissioner—

So, here is a minister (Withers) who:

Yet that minister, according to Mr Justice McGregor, is guilty of an impropriety. I just can't see it.

One cannot help but agree with Mr Reid's very logical and unassailable analysis. To have his ministerial career ended in this manner was unjust and denied the government one of its better, yet understated, performers.

The royal commission's decision was incomprehensible. The consequences were reprehensible. More importantly, in the eyes of the court of public opinion he was vindicated, when he was elected to the 1998 Constitutional Convention as a no-republic delegate, where he strongly supported the current constitutional arrangements, and he was also vindicated in 1991, when he was elected Lord Mayor of Perth, a role he carried out with great flair for three years.

It is a sweet-sour experience and honour for me to move this motion. When I first met Reg Withers, he was leader of the government in the Senate some 36 years ago. Being young and impressionable, I was in absolute awe of the man. I was introduced, through my involvement in the Australian Liberal Students' Federation and his son Simon Withers, who is now the Mayor of Cambridge in Western Australia. We served together on the Australian Liberal Students' Federation executive.

When I met him, Senator Withers was warm and welcoming. Never did I imagine I would be a successor in title of the great Reg Withers and have the honour of paying this tribute. I still recall the meeting in Old Parliament House. It being after 5 pm, spirits were offered, along with a roll-your-own—to be smoked indoors of course. His un-PC sense of humour was genuinely funny, sincere and without malice. I recall an exchange seeped in genuine fondness between Senator Bonner and Senator Withers, which I simply would not be able to repeat today, especially for fear that I would set the Greens into apoplexy if I did. Their banter was something to observe. They were genuine, they were sincere and the bonds of friendship were there for all to see.

I recall being at the Withers residence in Western Australia—later, after his unfair demise—and I could not help but notice that all the door plaques that he had gathered throughout his career that bore witness to his great achievements were screwed on the inside of the door of the smallest room in the house. When I discreetly observed what I had seen and commented that this might not be the most dignified of places, he said through that permanent disarming smile that he had, that he thought it was the most appropriate place for them.

His philosophy was practical. I recall Simon and I discussing changing some rules about some constitution about something. Reg overheard the discussion and simply said: 'Learn the rules. Don't bother changing them. Then play to win.' It was a great honour for me to have personally known the Rt. Hon. Reg Withers.

To his wife of 61 years, Mrs Shirley Withers, I offer the sincere condolences of all government senators, as I do to his children: Simon, who follows his father's local government interest as the Mayor of Cambridge in Western Australia; to Nigel and Rowena, and their families, especially all the grandchildren. On behalf of the coalition, I extend the sympathy of all coalition senators. Australia can be thankful for the Rt. Hon. Reg Withers' service to our nation.