The Parliamentarian 2017: Issue Four: Conference Issue

Page 92

PARLIAMENTARY REPORT

commenting that “we have known each other for many years and I am proud to be able to number you among my friends, and one thing I know of you, from the many, many conversations we have had over the years, is that you are a profound believer in the importance of institutions - in their integrity; in their stability; in their role in Australian democracy. You will bring that commitment to the importance of institutions to the role of President. You are, of course, somebody who identifies, as do I, as a classical liberal and as somebody who embraces that philosophy as well. You are somebody who understands the importance that, in this, the preeminent parliamentary chamber of the land, the Australian Senate, free and thorough debate on the legislation and the important issues before the Australian people should be conducted in an intellectually honest and open way.” In relation to the previous President, Senator Brandis stated that “we all know the circumstances which led Senator Parry to conclude that he ought to resign. They were not without political controversy, but they do not reflect upon Senator Parry personally. What I should say, and I am gladdened by and appreciative of the remarks of Senator WhishWilson and Senator Di Natale in their earlier contributions, is that Senator Parry was a very fine President of the Senate. He was acknowledged on all sides of the chamber for his evenhandedness and his authority.” Senator Hon. Penny Wong, Leader of the Opposition in the Senate, stated “I rise on behalf of the Opposition to congratulate you on your election to the position of President. At the outset, I note that the Opposition does take the view that the government of the day has the right to nominate the

AUSTRALIA President of the Senate. I note that there were some comments made - disappointingly in what is generally a ceremonial part of these proceedings - about that convention. We take that view because we do regard the functioning of this chamber as important to our democracy and, in a chamber where no one party has a majority, we think conventions such as these - that the two parties of government have the President and the Deputy President - assist in the stability and effective functioning of the chamber.” Senator Wong made some brief remarks about the previous President noting that “the Opposition retains concerns about the circumstances of Senator Parry’s departure and we will, I’m sure, in subsequent debates put those views about who knew what and when, but now is not the time. I would make this point: in my dealings with him, I found him competent and decent. I think he was a fair President, I think he was a defender of the role of this chamber, and, on behalf of the Opposition, I thank him for his service.” Australian Marriage Law Survey receives overwhelming ‘yes’ vote On 15 November, the Australian Bureau of Statistics (ABS) announced that the Australian Marriage Law Survey had received 61% support for marriage equality. This was a voluntary survey of just over 16 million eligible Australians with 12.7 million responding, which is extraordinary for a voluntary survey. Of the 150 House of Representatives seats, 133 seats recorded a majority yes vote. Every state and territory received a majority vote. The survey stems from an election commitment by the Coalition Government to

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put the question of marriage Bill does not contain sufficient equality to the Australian protections for religious people. The original intention freedom, parents and people was to have a plebiscite who voted no. but this was blocked by the Senator Smith commented Parliament on the grounds that that “the no advocates spoke the Parliament could vote on much about religious freedom marriage equality without the but couldn’t point to exactly need for the plebiscite. The what freedom was being lost. Labor Opposition, for example, That’s because what religious was opposed to a plebiscite people fear has little to do with and argued that the Parliament laws but everything to do with should do its job and save culture.” Senator Smith further tax payers the estimated cost commented that “I understand of $122 million for holding these fears because they are the survey. Conservative reflections of the fears LGBTI Members in the government citizens have felt through our who oppose marriage equality country’s history: fears about would only support a plebiscite acceptance, fears about jobs, by the people first to decide fears about hiding a part of you the matter. However, as the and, yes, fears about violence. plebiscite option was not This vote is not about replacing available, the government one persecuted minority with instructed the ABS to conduct another or giving one hope to a voluntary survey on marriage one group while inflicting fear equality. This option was on another group; it must be supported by Conservative about advancing the hopes Members opposed to marriage and dreams of all citizens, no equality. matter their sexuality, ethnicity The Prime Minister, Hon. or religion.” Malcolm Turnbull, MP, committed to passing legislation Competition and Consumer before Christmas. Amendment (Misuse of Market Power) The Leader of the Act 2017 Opposition, Hon. The legislation strengthens the prohibition Bill Shorten, MP, on corporations with substantial market stated before a powers from engaging in conduct that roaring crowd has the purpose, effect or likely effect that “today we of substantially lessening competition in celebrate, tomorrow markets in which they directly or indirectly we legislate.” The participate. The Minister for Revenue and Senate immediately Financial Services, Hon. Kelly O’Dwyer, MP, commenced noted that the “current section 46 prohibits consideration of corporations with substantial market power Liberal Senator from taking advantage of its power for one of Dean Smith’s Private three specific purposes related to damaging Member’s Bill on an actual or potential competitor or preventing same sex marriage. them from competing.” Senators and Ms O’Dwyer commented that a review of Members will have a section 46 found that it “fails to adequately conscience vote. prevent the misuse of market power and is Some Senators not reliably enforceable.” Ms O’Dwyer noted and Members that “the current section 46 only prohibits remain opposed to conduct if the corporation acted with the same sex marriage purpose of damaging an actual or potential and believe competitor.” Ms O’Dwyer commented that a Senator Smith’s


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