Sorry again for the confusing he said/she said format, but the points needed to be addressed in turn.  I hope it's reasonably straightforward.
 
Tim

tim/trudy

>A lot of people don't like the model on offer because it doesn't allow >a direct election for the President - (very few people seem to want to >argue to retain the monarchy).

A lot of people have more problems with the model on offer than just the method of election.

tim:

All "the model on offer" offers is a republic with an President appointed by 2/3 of the Parliament.  So if there are further problems with moving to a republic (like the lack of a bill of rights) then these are separate questions.  We are not being asked about anything other than a particular sort of republic.  This is how referendum questions work - they are not debates, they are yes/no questions.  People can argue that they would like to be asked about things other than "the model on offer" but to argue that is is a separate matter from the "model on offer".  There are only two reasons for voting against the question we ARE being offered: people either want to retain the Queen as our head of state for whatever reason, or they don't like "the model on offer".

trudy:

The other major one is that the PM can sack the president without recourse. This is not what the ConCon had agreed on but was probably agreed to at Howard's insistence. Many people think it gives the PM too much power.

tim:

And if you vote No you leave in place a system where the PM can sack the governor general without recourse.  He can then appoint someone in his place without asking anyone else for permission or consulting anyone.  The model on offer allows the PM to sack the President - this is true - but it is not without recourse.  First, he must explain himself to the parliament within 30 days (currently this doesn't have to happen).  So the political ramifications for any sort of "whimsical" sacking of a President would be immense.  Second, under the model on offer, the PM has no say in the president's immediate replacement - the new model says that the most senior (ie longest serving) State governor becomes President.  Currently, after sacking the GG without recourse to anyone, the PM can appoint who he likes without recourse to anyone.  Third, a new President can then only be appointed by a 2/3 majority of parliament - not by the PM alone as is currently the case with GG.  So at every point, the power that the PM currently enjoys is diminished.  The PM has less power.

tim/trudy:

 >To argue that this is an undemocratic way of doing it means you also >have to say that the appointment of the PM is undemocratic - as I >said earlier, we don't vote directly for the PM either.

We may not elect the PM directly but we know who the leaders of the parties are and by voting for the party of our choice we also vote for the PM. If our choice loses then we still know the alternative.

tim:

This is true but what does it prove?  The point is, the PM is not directly elected.  If the President was directly elected, he/she would arguably have a claim to a separate if not stronger mandate than the PM.  That is, if direct election is deemed more democratic than appointment, and the Pres is directly elected and the PM isn't, then the Pres might be able to claim he/she has stronger democratic support.  NOw you can argue that this is desirable, but the point is, it is a HUGE change to how we currently run our government and, as I said earlier, would need to be addressed by any direct election model.  Again, it would have a lot to do with whether the direct election model was for a Pres as head of state, or for one as head of Gov.  What this leads to is the fact that a direct election model is a much bigger change to the system than the one on offer and I think a very good case can be made that we are more likely to get gradual change rather than radical change. 

trudy

The Australian method of the 'leadership spill' is considered undemocratic in some other countries because it puts in power a PM who was not elected by the people. In Canada, if the PM is no longer wanted by the party then a leadership convention is held to choose the next leader. This leader then has to call an election within three months to have his PMship ;-) ratified by the people.

tim

I don't mind the sound of this, though it might be a bit superfluous because as you argue, "We may not elect the PM directly but we know who the leaders of the parties are and by voting for the party of our choice we also vote for the PM. If our choice loses then we still know the alternative."  We also generally know who the second in line is in a ruling party.  Still, the Canadian model has something to recommend it. Anyway, I'm getting off the point a bit.

tim/trudy

>The other thing about direct election is that it would probably mean >that the political parties would become involved in the process, with >them all running their own candidates.  This is what people (like me) >mean when they say that direct election would politicise the role of >President.  This might be okay, but I prefer that, as much as >possible, the office of President be separate from politics.  That is, I >prefer that the President be like the GG in his/her functions and not >like the American President.

Of course, none of the above isn't necessarily so. These are the arguments of the 'yes' faction and I don't think they are honest arguments.

tim:

Trudy, I know you will probably say that you didn't mean me when you said these are dishonest argument, so I won't take it personally.  But I would be interested to hear why they are dishonest.  In answering, please remember that no-one has said they are certainties, only possibilities - though I think they are strong possibilities.  By saying they are dishonest are you saying that they are not possibilities?  And if so, why?  Maybe you're right, but I'd be interested in hearing the reasons.

trudy:


In fact, I believe that the most certain way to get a political president is with the current model. It will be a wonderful parking place for ex-politicians and the public won't have any say in it. A two-thirds majority of Parliament won't change that. The Houses vote along party lines and will vote how their party tells them to vote. All it needs is agreement between the leaders and to argue that this rare forgets the way they get along on their own pay increases, Super perks and ways to increase their own power. ("Reform" of the Senate comes to mind) Wheeling and dealing is the grease that keeps the wheels turning....The so-called committee is just window dressing to lull us into thinking we'll take part in the process.

tim:

But the whole point is that the parties will vote along party lines!  This is why, under the system on offer, the Pres is less likely to be a pollie or a stooge from one side or the other and the Presidency is less likely to be "a wonderful parking place for ex-politicians".  The PM and the leader of the opposition will consult, agree, and the parties will vote accordingly.  What you see as some sort of conivance between the leaders is a consultation process that is built into the model on offer.  Why is it there?  So that neither one side nor the other can appoint whom they want to appoint.  To use the NO case analogy, if you think of it as two football teams appointing the referee, why would one side appoint someone from the opposition's team as referee?  They wouldn't.  They will have to find someone acceptable to both sides of politics, and therefore the person is less likely to be partisan.  If it is really just a way of pollies handing out a cushy job to other pollies or friends of pollies, can anyone really imagine Labor approving a Liberal person or the Libs approving a Labor person?

So I don't really see how "the most certain way to get a political president is with the current model".  But I'd be interested to hear the argument.  It MAY happen, but the claim that it is "the most certain way to get a political president" needs to be justified.

tim/trudy


 >Personally, I think that once this referendum is done and is voted >down, that the whole issue will die and death and we won't hear >about it again for a long time.  I might be wrong, but so might those >who think it will mean we'll get a second referendum.

There are many who would like us to believe the same. There are many political commentators who do not agree and who think that the republican movement will gain momentum and another referendum will be held.

tim:

It's not a matter of what anyone "would like us to believe" - it is just a likely scenario.  No-one from the yes camp can guarantee that there won't be another vote soon, but surely it is at least worth mentioning and not dishonest to suggest that nobody from the NO side can guarantee there will.  Given the costs involved and the stated position of all the major political players (even allowing for, as Laurie pointed out, Beazley's pathetic confusion on the issue) that there will be no second referendum soon, it is not unresonable conclusion.

But if you want to reject it as even a possibility then there are a couple of questions that need to be answered.  And no-one on the No side has answered any of these.

First, to get another model up, another consitutitonal convention is needed.  When and how is this to be arranged?  Given that the whole idea of people like Cleary and Mack is that this one be more representative, how are they going to organise the voting system?  Given that then the convention can only happen with the support of the government, how are they going to organise that?

Also, a second referendum will need enabling legislation as all referendum questions must be backed by legislation.  How are Cleary/Mack et al going to organise that?  Especially as neither political party supports direct election.

Then of course they have to actually win the referendum.  But what happens if they lose?  It's no use arguing that they can't lose or that they won't.  The question is, what is their plan if it loses?  Does anyone really think we'll get a third referendum?

Now, maybe Cleary Mack et al can satisfactorily answer all these questions - good, I'd like to hear the answers.  But it is at least as likely that a No vote will be the end of the matter for a very long time and to deny this as a possibility is a bit hard to justify.

trudy:

Preferably, this time, one that won't be stacked and manipulated.
As far as what the pollies are saying now, I wouldn't give it any credence. They will do whatever they think will get them votes at the time and if there is a push for a referendum then one will be held. Think of 'core' and 'non-core' and 'never, ever'  ...

tim:

This may be true, but why is it any more likely than other scenarios that have been mentioned?  And it doesn't answer the two core questions: How will a second referendum be organised? And When?  If people really want us to vote NO, then they have to at least answer those two questions convincingly.

trudy:

On the other hand if they are handed a victory this Saturday for their preferred model, I don't think we'll see it revisited. Pollies who have power are not about to relinquish it if they can help it.

But this contradicts what you just said: "They will do whatever they think will get them votes at the time and if there is a push for a referendum then one will be held."  Why wouldn't this apply after a Yes vote as well?  You can't argue that they're such bastards they'll hang onto power no matter what, AND that they're such bastards they'll do whatever it takes to get votes and have another referendum.  If that is the only reason they have for holding a referendum, then why wouldn't it happen after a Yes vote?

trudy:

Anyway, that is how I see it....I won't go around this mullberry bush again...(unless, of course, I just can't help myself!) ;-)

tim

See everyone in the mulberry bush, I guess! ;-)

Tim

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