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Strong leadership or blind faith?

One of the most notable features of the debate over council amalgamations has been the sheer doggedness of the State Government to have its way no matter what.

This is despite Premier Peter Beattie’s earning his long-running popularity in the South East through a modus operandi of taking a conciliatory tone while arguing a hard case.

But that has gone out the window on the issue of forced council amalgamations – he and Local Government Minister Andrew Fraser have taken the hardest of lines defying the Labor Party’s own platform and rules, which clearly support the pursuit of democratic processes such as referenda.

Their inflexibility to councils holding plebiscites on the issue has polarised the community, leaving many questioning the nature of democracy and angering many more who otherwise support the notion of council reform.

Even the Local Government Association of Queensland has acknowledged the need for change, but it has pursued a program of consultation to bring the public along behind more moderate reforms.

But Messrs Beattie and Fraser have only themselves to blame for distracting the public from what should be a debate about the best structure for local representation.

As a result it has caused a political rod not only for its own back, but for that of the Federal Labor Party which is desperate to improve its showing in Queensland at this year’s election.

Federal Opposition Leader Kevin Rudd is publicly at odds, openly supporting calls for local communities to have their say on any mergers.

But following the offer by Prime Minister John Howard to pay for such polls, the Labor Party is worried that it could appear to be electioneering in support of the Coalition.

With the stakes raised, now would appear the time for a traditional Beattie mea culpa, copping the wrap and isolating Rudd from the blame.

But even that option would deliver a political victory to Mr Howard and the Coalition.

More importantly though, it would be a victory for the will of the people – what a democracy should be all about.

What do you think?

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Comments


Date: Newest first | Oldest first
Backflip Beattie should show us another trick on council amalgamtion.

Beattie is quite comfortable with the lack of organised opposition to his new legislation.

Mayors and councillors are timidly running around in circles when Howard has given them a chance to test the will of the people in a referendum.

Warroo bravely bit the bullet and counted votes already in despite Beattie's threats and has had a 100% of votes received objecting to amalgamation.

The way the majority of mayors and councillors have caved in without a fight must allow Beattie to sleep soundly at night.

Posted by Bobby of Tara on 16/08/2007 1:22:22 AM
It would appear that John Howard considers council amalgamation more important than sending troops to Iraq (and the other countries) that justifies going to the people.

Leadership by consensus has a tinge of "Bob Hawke", surely not.

Posted by Andrew, Robina on 16/08/2007 7:52:16 PM
This whole episode should prove pivotal in the future political career of someone obviously destined to be a future premier of this great state.

Andrew Fraser will - yet - develop abiding & utter respect for what constituents say.

Once he always heeds the will of Queenslanders - what a mover & shaker he will have become.

Posted by learning on 17/08/2007 3:10:49 AM
Go ahead Mr Beattie, contest the Federal Gov's new legislation in the High Court.

That will be great as it will play right into the hands of the anti-amalgamation lobby!

You think you ahve good legal advice and that you have a good chance of success.

Well, I for one would like to call your bluff.

As for your call for referenda on nuclear power stations and work choices, they are just red herrings. Those subjects are not involved in the amalgamation issue no matter what you say.

Your amalgamation Bill, Mr Beattie, contested in the Supreme court has an extreemly high chance of being made null and void!

As I understand it, there are several areas where it could be contestable in the Supreme Court. Division 2 S41 of the Local Government Act states: "Before the Governor in Council exercises power under this part, the Minister must consult with the local governments that would be affected by the exercise of the power and take any views expressed by them into account."

There was no consultation regarding the banning of referenda or plebiscites in the legislation.

Furthermore, the Queensland Constitution states as follows:

PART 3—SPECIAL PROCEDURES FOR PARTICULAR LOCAL GOVERNMENT BILLS

77 Procedure for Bill affecting a local government

(1) This section applies for a Bill for an Act that would—

(a) be administered by a Minister who administers a provision of the Local Government Act 1993; and

(b) affect local governments generally or any of them.

(2) The member of the Legislative Assembly who proposes to introduce the Bill in the Legislative Assembly must, if the member considers it practicable, arrange for a summary of the Bill to be given to a body representing local governments in the State a reasonable time before the Bill is introduced in the Legislative Assembly.

This Bill does affect local governments generally and a summary has not been given to a body representing local government in a reasonable time before being introduced into parliament.

Even stronger arguments can be developed for the Supreme Court under Section 78 of the Queensland Constitution, the excerpt of which is reproduced below.

78 Procedure for Bill ending system of local government

(1) This section applies for a Bill for an Act ending the system of local government in Queensland.

(2) The Bill may be presented for assent only if a proposal that the system of local government should end has been approved by a majority vote of the electors voting on the proposal.

(3) The Bill has no effect as an Act if assented to after presentation in contravention of subsection (2).

(4) The vote about the proposal must be taken on a day that is more than 1 month but less than 6 months before the Bill is introduced in the Legislative Assembly.

(5) The vote must be taken in the way prescribed by an Act.

(6) An elector may bring a proceeding in the Supreme Court for a declaration, injunction or other remedy to enforce this section either before or after the Bill is presented for assent.

(7) In this section— “elector” means a person entitled to vote at a general election for members of the Legislative Assembly.

It can be argued on two points that the Bill passed by the Queensland Parliament is an Act which “Ends the System of Local Government”.

1. The system of local government as it stands at present consists of 156 local government areas. This is to be reduced to 72, thereby ending the system of 156 shires.

2. The shires that are being amalgamated can be considered as “Ended” having ceased to exist. This can also be construed as “ending the system of local government” as it currently stands.

In regard to S78 (2);

In my view, as it can be deemed that the system of local government has ended, it is incumbent on the government to comply with S78 (2) and hold a referendum!

If this is tested successfully in the Supreme Court, S78 (3) will take effect nullifying the Bill and a referendum will have to be held.

Also, it may be in the best interests of Queensland as a whole, for you to disseminate this information to all of the councils of Queensland.

Another avenue that should be followed up on is the possibility for Mr Howard to pass a retrospective Bill that requires State Governments to hold a referendum on council amalgamations and the amalgamations cannot go ahead unless the majority of voters in the majority of shires are in favour.

If this is done, there will be no need for a Supreme Court action as under Section 109 of the Australian Constitution, Federal law takes precedence over State law.

Go ahead Mr Beattie, make my day.

Posted by Trugger on 17/08/2007 4:21:09 PM
Beattie is looking more like a little tin pot dictator. He needs to have his wings clipped.

If he is any indication, this is what we will see if the union-owned Labor Party win the next Federal election.

The unions will use lily white Rudd to enforce not dissimilar actions.

Posted by walda on 17/08/2007 4:57:47 PM
Thank God for checks and balances in democrocy.

Why does the will of the people never need to be considered in the important decisions?

Is it because politicians are frightened or ashamed of their electorate?

Or is it because of pride and arrogance?

Posted by Richie10 on 17/08/2007 5:32:14 PM
The Beattie Govt in Qld has shown their true colours in the issue of forced council amalgamations.

They have a track record of non-consultation and have abused their power on many occasions.

Failing to consult the majority and those affected by their decisions has already resulted in the devaluation of Qld's social standards.

The results have been an escalation in crime and attacks on the aged and even on the authority of the police.

I am very wary of Kevin Rudd's position too, because I believe that if his party had the luxury of a large national majority that it would act in a similar fashion.

Indeed, the modus operandi of Rudd’s prospective front bench, with their unionist backgrounds would probably be the same as the Qld Govt's.

I do not believe Rudd's response to the question about him requesting that the Beattie Govt delay council amalgamations until after the federal election ... it is very likely that he did make that request, and that the amnesia he claims to suffer is just political spin ... Paul.

Posted by Paul on 17/08/2007 8:52:20 PM
Hey Peter - what about NLIS?

A PIC# relating to Taroom Shire prior to 16.3.08 will be relative to that Shire.

Should Taroom Shire be no longer from 17.3.08, where is the life time traceback for cattle on our property -- property is in NSW -- for NLIS PIC# from Taroom Shire, or for that matter all shires that are removed from the LGA?

Will be panic stations at the auction yards from 17.3.08.

Post a reply Peter.

Oz

Posted by oz farmer on 17/08/2007 11:00:12 PM
Dr McGovern and Prof Brian Dollery are the first people I have heard able to articulate the dumb stupidity of Beattie rushing through council reform, it seems, as a political trophy for his own ego.

How can isolating communities from local government do anything but deprive these people of services?

The vote is in the big centres, as are the councillors.

All the regions are going to be is a milking cow for revenue to be squandered in the population centre.

Posted by Bobby of Tara on 18/08/2007 8:36:22 PM
"Much Ado about Nothing".

Why oh why does the Prime Minister have to come into Queensland politics?

When he can speak publically without slurring his speech, I will sit up and take notice.

Posted by Aussieida on 19/08/2007 8:49:16 AM
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Michael Thomson is the Editor of FarmOnline. He has previously worked as the Canberra Parliamentary Press Gallery correspondent for the Rural Press group of agricultural newspapers, and as a senior reporter with Queensland Country Life.

11/12/2008 | Farm lobby groups will decide next week whether the future of farm representation will stay as it is or be broadened to bring in the big end of town.
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