Senate debates

Wednesday, 16 September 2015

Committees

Legal and Constitutional Affairs References Committee; Report

5:00 pm

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | Hansard source

The coalition members of this committee strongly object to the recommendation of the Labor/Greens/Independent majority in the committee. In response to the previous speaker, Senator Rice, how outrageous that in a democracy like Australia we should ask the Australian people what they think of this issue. I am not quite sure why there are so many people concerned about this. If, as we are being told, an overwhelming majority of Australians support this move, the opposition of those who also support it but oppose sending it to a vote of all Australians seems to be a little strange.

I urge senators to have a look at the coalition's dissenting report and to understand that this is a question with many views in all political parties. They are complex questions and the best way to deal with them once and for all is to let the Australian people have a say. This particular matter has been debated in this parliament on many occasions in recent times. It never seems to be resolved. One would hope that once the Australian people have a say the matter will be resolved permanently. Regardless of my own views, in this parliament I would intend to support legislation implementing what the majority of Australians tell us they want to do on this issue. I reiterate, as coalition senators said in the dissenting report, what Mr Turnbull, the Prime Minister, said in question time yesterday. He made the same point:

Our government, our party room, has decided that the decision will be taken by a plebiscite. Why is the opposition afraid of the people having a vote? Why don't they want all Australians having a vote? There is no greater virtue in a free vote here or a plebiscite.

I am delighted that the Prime Minister, just yesterday, set out so clearly what the government view is. That proposal meets the coalition's commitment to the Australian people before the last election. Before the last election the coalition said that we will retain the definition of marriage during this term of parliament and in the next term we will have a look and see what should happen then. We are a coalition that, when we make promises, we actually intend to keep them, unlike the Labor Party, who promise no carbon tax and immediately change their view, supported by the Greens political party, when they get into government.

There is a strong opposition to the recommendation of this committee. I would also draw the attention of the Senate to my additional comments in relation to this matter. They relate to the farcical situation into which the Senate committee system is being taken by this and many other inquiries undertaken by the Senate Legal and Constitutional Affairs References Committee. This inquiry was effectively an inquiry into a private member's bill—a piece of legislation—which, as a matter of course, go to the legislation committee. But this committee and the majority of the Senate at the time decided that, contrary to the regulations and practices of the Senate, these bills—this is the second where this has happened—would not go to the legislation committee but would go to the references committee. Why? Because, under both Labor and Liberal governments from time immemorial, there is a majority of government members on legislation committees. On references committees normally there is a small majority of opposition. In this particular committee there are three Labor members representing a small number of senators in this chamber, and there is a Greens Independent chairman representing only himself. So that means four from the left side of politics and two from the government side of politics.

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