Media Release for Speech at Public Forum on the Republic, Town Hall,
Maryborough, Victoria, 9 October 1997The closure yesterday of nominations for election to the Constitutional Convention ended the stage when the republic debate could be left to avid republicans and monarchists arguing general theory, said Mr. Richard McGarvie, former Governor of Victoria.
He said the community is now entitled to insist on its right to have the contestants reveal the practical realities of what they propose and explain the effect on our democracy. That means that the people themselves must take control of the debate and carefully question all proposals.
Emphasising that he does not side with either republicans or monarchists, he said that our prime concern should be to ensure that we preserve the strengths of our democracy whichever type of head of state we have.
Mr. McGarvie was speaking on Thursday evening, 9 October, at a public forum in Maryborough in which ABC presenter, Ms. Mary Delahunty spoke for a republic and Fr. Martin Hislop for a monarchy.
Mr McGarvie suggested that those proposing a republican President elected for five years by a two-thirds majority of a joint parliamentary sitting or by the whole electorate, and dismissible only by a two-thirds majority of a joint sitting, be asked: Does our democracy depend on the basic constitutional convention binding the head of state to exercise the many discretionary powers given by the Constitution, as advised by Ministers of the elected government? Is that made binding now because a Governor- General who refused to follow it would be dismissed at the instance of the Prime Minister? Is it a fact that no federal government for fifty years has had a two-thirds majority of both Houses? Does that mean that a President who refused to act on Ministers’ advice could only be dismissed if the opposition supported it? Do Australian oppositions support governments? Does this mean that the convention on which our democracy depends would cease to bind? What would be the effect of that upon our democracy?
He suggested that monarchists who claim there is no safe way to a republic, be asked about the model for the republican equivalent of our present system of democracy. That will retain the
Governor-General, as the actual rather than the de facto head of state, and transfer to the Governor-General all the Queen’s head of state powers for the Commonwealth. Instead of being appointed or dismissed by the Queen, that will be done, on the advice of the Prime Minister, by a Constitutional Council of three eminent Australians automatically selected by the Constitution. A Governor-General who refused to exercise powers as Ministers advice would still be dismissible by the Constitutional Council on the Prime Minister’s advice.
He suggested that monarchists be asked: Does the republican equivalent model ensure that the Governor-General remains bound by the basic constitutional convention as effectively as now? Does that model give the Governor-General every power, right and influence which exists now? Does the model place the Governor- General under exactly the same democratic control as has existed in Australia for decades? Under that model will a Governor-General operate in the same way as in the past? Under that model will the strengths and safeguards of our democracy be just as secure as in our present system?
Mr. McGarvie said that when the model for a republican head of state which would best secure our democracy was identified, the issue of republic or monarchy could be decided in a fair and practical way. The identification should be by careful thought not just emotion. Australians could simply choose between the identified model and the present system.
"The republican equivalent model which I propose is likely to be identified as the safest for our democracy", said Mr. McGarvie. He stressed that the issue would not be fairly decided if it went to referendum on one of the models for an elected republican President that would ruin our democracy. Australians value their democracy and would never vote for such a model. Many supporters of a republic would vote against it rather than put our democracy at serious risk, he added.
He said the debate must extend to the States as well as the Commonwealth as the same issues apply to both. Under the republican equivalent model the Governor becomes the actual head of state for the State and is appointed or dismissed on the Premier’s advice by a similar Constitutional Council automatically selected by the State constitution.