Friday, July 16, 2010

Speaker's Jurisdiction Report at the 41st Conference of Presiding Officers and Clerks of Australia and the Pacific Regions Darwin Australia

“Madam Speaker, if I could preface my remarks on behalf of the Norfolk Island Legislature by thanking you very much, and the Northern Territory Parliament, along with Clerk, Ian McNeill, and his parliamentary officers for their generosity and for hosting this conference.

The last 12 months for Norfolk Island have been pretty challenging because, like the rest of the world we too, have been struggling with the global financial meltdown. Although we are a very tiny jurisdiction with a population of only 1800 people, we are not strangers at having to deal with difficulties and, while people around the world have lost their homes, their jobs, their savings, the Norfolk Island government responded with just a 3% increase in GST we pay locally, taking it to 12%, while continuing to spend money on government projects, thereby injecting funds into the private sector. You could say it was a mini-stimulus package.

However, like everyone else we do very much look forward to a reversal of the global downturn and a return to former buoyant tourist numbers because tourism is the basis of our Island economy.

In August 2009, our Assembly celebrated 30 years of internal self-government which we marked with a ceremonial sitting and various community activities. The Governor-General of the Commonwealth of Australia Her Excellency Quentin Bryce AC and His Excellency, Mr Michael Bryce AM AE, were to have been our guests at these celebrations but, regrettably, due to our inclement weather they were unable to land.

You would of course all be aware of the joint initiative of the Commonwealth Parliamentary Association and the World Bank to work with the various CPA Regions to develop “Benchmarks for Democratic Legislatures”. The Norfolk Island legislature welcomed that opportunity which allowed for reflection on how our legislature conducts its parliamentary business, and whether or not all of the benchmarks are appropriate for us. We came to the conclusion that, in the very few cases where it could be said our processes do not accord with the benchmarks, that in no way means we are “doing it incorrectly” or it is not best practice for our community. It just means we are different in how we go about doing our parliamentary business. The yardstick for us was whether or not the basic tenets of democracy are working for the overall advantage of the community they are designed to serve.

For example, in Norfolk Island, we currently have a hybrid system of representative government; it is a mix of Westminster, Consensus and Direct Democracy. Members of the Legislative Assembly can vote according to their conscience on every issue as independent members. All members have a deliberative vote, including the Speaker who, along with the Deputy Speaker, is chosen by vote of the House.

The House also determines the number of ministers of the government to be appointed by the Administrator and of equal importance, the House may determine whether the Administrator should remove a Minister from office if the Members are unhappy with the performance of that Minister.

The Commonwealth Minister for Home Affairs, the Hon Brendon O’Conner MP paid a 24 hour familiarisation visit to the Island in November last year speaking with Members of the Assembly and Members of the community. To the extent that Australia has jurisdiction in Norfolk Island, it is exercised by this Minister.
Flowing out of the Minister’s visit, officers from the Attorney-General’s Department and the Department of Finance and Deregulation arrived on Island mid February this year, bringing with them a draft Bill containing substantial and far reaching change to the current form of governance on Norfolk Island. That Bill, The Territories law reform Bill 2010, has now passed through the House of Representatives without amendment. However, following a trip to Canberra by three of the four Ministers of the Norfolk Island Government – namely, The Chief Minister, The Attorney General and the Minster for Tourism, Industry and Development there is some hope of amendments prior to the Bill being passed in the Senate. The key concerns expressed by Norfolk Island in respect to the Bill are:

1) The erosion of the ability to self-govern.
2) The addition of a veto power for matters pertaining to Schedule 2 of the Norfolk Island Act which undermine the very principle that underlines the democratic rights of Norfolk Island voters to govern themselves in relation to matters that are specific to Norfolk Island; and finally
3) A new ability in the Bill to remove the Legislative Assembly.

We have also had a number of visits from the Joint Standing Committee on the National Capital and External Territories over the last 12 months. During their June visit last year, the Committee met with Members of the Assembly to discuss the Committee’s then inquiry into the changing economic environment in the Indian Ocean Territories of Cocos and Christmas Islands. That meeting was of mutual benefit to all parties.

On a lighter note, the 13th Assembly has brought with it two benchmarks to be recorded in our history books. The first is a first which is that I, as the Clerk to the Legislative Assembly, following a general election for the 13th Assembly in March this year – I as the Clerk of the Legislative Assembly since 1984 and prior to that as Deputy Clerk since 1981 - on 24 March this year, became the first woman Speaker of the Legislative Assembly of Norfolk Island. What an interesting reversal of role that is turning out to be. One might ask why, after a career of almost 30 years as a parliamentary officer, would I “change sides” as one of my clerkly colleagues was heard to say. I guess it was a matter of timing. The role of the Clerk is one that carries with it the inviolate rule of impartiality and an understanding that the Clerk does not have, let alone express, a political view.

Easier said than done in a small community such as ours of 1800 people and 1200 voters, however every decision taken by the parliament impacts directly on each member of what is a very close knit community I have to confess I had approached a point in my role as Clerk where I felt that I was no longer able to remain impartial and not express a point of view.

As Speaker I now have that voice I did not have as the Clerk, and I have no regrets at the decision I have taken.

The second benchmark, as I conclude, is that we now have a political party on the Island, Norfolk Labour, which is affiliated with the Australian Labour Party - a mainstream political party. Like the Isle of Man and the Canadian Northwest Territories just to name two that I am aware of, we have had to date a non-party legislature where each member is an independent, voting according to his or her conscience, with consensus government holding sway.

At the general election in March this year, the Norfolk Labour Party fielded four candidates for the first time; only one was successful, and that Member has self-styled himself “Leader of the Opposition” and is endeavouring to fill that role as it would be filled elsewhere. However this is not an office which is recognised either in the Legislative Assembly, or the Public Sector Remuneration Tribunal at this time.

In conclusion, I look forward to being able to again join you all at the next Presiding Officers and Clerks Conference.

Thank you.

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