Humble servant of the Nation

Should the Senate exist?

SHARE
, / 14452 482

Is the Senate real? Have you touched it? Have you licked it?

Sure, there’s an edifice, a room draped in a loud, garish red decor but does the institution itself exist? Perhaps more to the point, should it?

These existential puzzles have arisen after four politicians this year – two from the Greens, one from Pauline Hanson’s One Nation and one from Family First have been sent packing. They are persona non grata. If they thought they were senators they now know they were not and their representative careers have been or will soon be stricken from the record.

Section 44 of the Constitution stipulates the following of any person wishing to take a seat in the federal parliament:

Any person who:

(i) is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or

(ii) is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer; or

(iii) is an undischarged bankrupt or insolvent; or

(iv) holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth; or

(v) has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons;

shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

Full column here.

482 Comments

  • Boadicea says:

    Quote from Nick McKim today:

    “I’m not going to have those conversations publicly, and look I didn’t see Bob. Apparently he was on Lateline last night, so look thanks, Bob, that’s a fantastic endorsement and I really appreciate it, and what I’ll be focused on is doing what’s in the best interests of our party.”

    Well that’s a bit odd – because I saw him and Bob having a very cosy coffee at Retro on the afternoon this all happened.

    • Jack The Insider says:

      Nice scoop, Boa.

    • smoke says:

      not odd… lying

      • Boadicea says:

        Just like the rest of them, smoke. Maybe that’s in the application firm too, viz:
        “”how well can you lie?”

    • Razor says:

      Great stuff Boa!

      Bella surely one of your Greens wouldn’t be telling lies! I mean after all this is a conspiracy…..apparently.

      • Bella says:

        Who cares Razor?
        Haven’t I often said here before, most of our politicians lie?
        I’m quietly thrilled that Bob Brown is still involved with the Greens. in whatever capacity he sees fit.

        The Greens will be down 2 votes in the Senate for a short while and you can’t tell me that the Fibs didn’t have a hand in the current situation & won’t take advantage to pass legislation they’ve been unable to.
        The fact that it would be somewhat immoral wouldn’t factor into it for them, corrupt criminals that they are.

        • Boadicea says:

          They have been granted a pair Bella.

          • Milton says:

            I think they and a lot more need to be provided a pair, Boa!!

            Most of them are giving mediocrity a bad name. And the thought that Shorten may be in with a chance just underlines this.

        • Lou oTOD says:

          Well Bella, I can tell you the only people who had a hand in this situation we’re the Greens, and it is getting worse. It seems importing overseas talent has turned into a selection nightmare.

          As for your other conspiracy theory, do keep up. The Coalition were fast to confirm making pairs available. Stop being such an immoral protestor, it does nothing for your arguement.

          • Bella says:

            Well Lou, if my comments fall outside what you consider ‘acceptable’ here, then tough mate, don’t read them.
            It’s taken years of consistent outrage to become this fed-up by craven politicians who lie through their teeth, rort the system, steal from our vulnerable to enrich the already rich, immorally accept donations from corporates for favourable legislation and think nothing of trashing the environment for the next generation.
            I won’t just roll over & accept that.

        • Razor says:

          Bella,
          Wrong again. The Coalition has agreed to a pairing arrangement. You really should get across current events.

  • Henry Blofeld says:

    I am a fan of one Tasmanian Senator, Mr Insider, the champion of the underdog, and of course I refer to one Ms Jacqui Lambie. She has fought hard to make a name for herself in the Senate, wont take a back step for anyone and expresses herself at times quite emotionally to get her message across. If only all Senators were of the ilk of Ms Jacqui Lambie imho. I cant stand a bar of QLD Senator Pauline Hanson on the other hand.
    https://www.facebook.com/senatorlambie/

  • Dismayed says:

    Keep the Senate get rid of the State governments.

    • JackSprat says:

      SA would become just another wine growing area if that happened.

      The rest of us would breathe a sigh of relief.

  • voltaire says:

    Meant to note that Faulkner & Chaney of course were past residents of the Senate.

    The actual provision is no nonsense as there should be no ostensible, perceived or actual conflict of interest for our lawmakers (as there must be for any dual nationals).

    When you look at the statutory declaration they signed, it is apparent that they should have made enquiry. It is one thing ot believe what your parents tell you when you are a child, but as a mature adult allegedly intent on making laws for the better government of Australia and remuneration in excess of $200K per annum, it shouldn’t be too much to check for yourself (and make the appropriate renunciation if required or even do so if you don’t believe it is required!!!).

    Probably an unnecessary nonsense to require repayment (after all, costs would have been incurred anyway and presumably in good faith) and whatever the result they put in the time etc. However, if they were never senators truly, they should not be entitled to any pension or other entitlement of former senators.

  • Boadicea says:

    I think it’s generally acknowledged that many of the current mob of senators are very green (not necessarily in the political sense – no pun intended) behind the ears.
    Heaven’s above, if they cannot even fill out an explicit, simple application form, what on earth are they doing taking more major decisions on behalf of those who voted for them?

    • Henry Blofeld says:

      I do like your Senator Lambie, Boadicea, and have posted same. Cheers

      • Boadicea says:

        Hmmm, HB. W hat can one say about Jacqui?
        The edges, which were very rough at the start, have smoothed off a bit – and I think she has learned a fair bit over the last couple of years. Not sure I’d accompany her to the races – because she has the most appalling taste in hats.
        One thing is for sure – she’s a battler – and she believes in getting behind the cause of the battler – particular the Tassie ones. She’s pretty genuine in that regard.
        I guess a lot of people have become more tolerant of her – she pulls no punches and is fearless. What more could one want from a politician!!

        • JackSprat says:

          Depends who you are Boa.

          If you are at the to top the tree (or a union boss) – compliance and obedience. Give lip service to worrying about the hoi poloi but make sure that my interests are catered for.

          If you are at the bottom. a Jacqui.

          I have always had a spot for her as well as Ricki Muir – both are genuine people whose warts I can accommodate.

    • Trivalve says:

      Please explain?

  • Uncle Quentin says:

    As a break to executive power, since party discipline has shorn the lower house of this role, yes 1000 times yes, the senate should exist. The problem has always been who gets to be nominated. With the seats being occupied by the usual party hacks who get nominated for “service to the party, the Senate is the rotten borough of the Australian political system.
    Let’s name a few shall we: Mal Colston, Richard Alston, Nick Minchin, Nick Bolkus, Graham Richardson , Joe Ludwig, David Feeney.

    These make me positively warm to Ricky Muir, Nick Xenphon, Jackie Lambie and Hinch…

    • BASSMAN says:

      The Fat Arab….Robert Ray…got into Colston…the quizzzling quasimodo from Qld or som ething

      • Uncle Quentin says:

        I have a special hatred of Robert Ray. I was a member of the RANR when he decided to close it down on some spurious cost basis. I lost a whole circle of friends because of that.
        While Ray was minister of defence he closed down the small arms factory at Lithgow (then a national seat) and moved the production to a marginal labor seat in Victoria. The training base HMAS Nirimba at Quakers Hill was shut down and moved, again to a marginal labor seat in Victoria. NSW got a whole TAFE at knock down rates.

        Another party hack given a senate reward.

    • jack says:

      Richard Alston, Nick Minchin, Nick Bolkus, Graham Richardson all above average ministers.

  • voltaire says:

    a) it was necessary prior to Federation to persuade the smaller States
    b) the crazies for cheap political short term perceived gain , increased the numbers in the Senate
    c) the States (particulalrly the mendicant ones) are never going to vote out of existence or modify to their own disadvantage, the Senate

    Sad,but we are likely stuck with it pretty much as it is.

    Perhaps a limitation on the powers of the Sneate eg similar to that of House of Lords permitting them to reject a Bill a couple of times but then no further veto, might be in order? Even that would not pass at a referendum, I fear.

    I agree with the idea of checks and balances and differently elected /appointed upper house.

    The problem is not just the cranks from minor parties, but the timeservers from major parties – some of whom are the worst apparachiks who would struggle to be elected to even the safest of safe lower house seats!
    Note that the MSM has been complaisant and connivingg in this parctice as have been the main parties with their penchant for above the line Senate voting : you never need to look at even the nmes of those to whom your vote goes!

    Has the media focused on that systemic practice and the escape from scrutiny? Not on your life – they do not even run CVs of candidates for the Senate, but do run extensive material on every lower house cnadidate…..

    About time that someone (else) started to point this out – and the media generally focus on the candidates (as opposed to the occasional crank/personal interest story).

    Mind you, some of the good performers (Faulkner for ALP, Cormann and Fred Chaney for Libs) may have struggled to obtain preselection in lower houses too. Unfortunately those two are among the few excetional talents in the major parties in the upper house.

    Glad you are holding up both ends Jack,

    cheers

  • voltaire says:

    JTI,

    While feeling sympathy for the sentiments given the composition of the Senate generally, the concept of an upper house is a good one.

    Indeed the idea of house of review is excellent – and would be improved if the re were professional draftsmen (yes, lawyers preferably retired judges) involved to save the country from some of the consequences of incompetent draftsmanship (not to mention the law of unintended consequences).

    Realistically, we are going to be stuck with the Senate pretty much as it is because:-

    • Jack The Insider says:

      I agree but it is still a good discussion to have. On the other side there is a marked anti-(any) government sentiment. Maybe a year or so of someone like Zuckerberg in charge would change a few minds.

      • Boadicea says:

        Geez, I think Zuckerberg would be great in the job!! Bring it on

        • Trivalve says:

          What? So we can ‘Like’ laws or use a ‘Shocked’ emoticon if we don’t? Will we have ‘Check this amendment out that [MP] pushed through two years ago’. Or ‘Matthias is online. Send him a message’. Or would he go through someone like Dutton’s contact list and tell him to invite them all to Facebook? Or ‘See Peter Slipper’s latest photo/video’. Or…

          Nah!

        • JackSprat says:

          You have to be joking Boa. Those Silicon Valley mega-billionaires have an agenda and it does not include you or me – well it does but you will have no privacy and probably no job.

          • Boadicea says:

            Not much different to the present. JS. My phone knows where I am and what I am watching all the time. But things would be a damn sight more efficient. And I’ll bet the census wouldn’t have crashed!!

          • JackSprat says:

            There would be no need for a census.

            They know pretty well all about you.

        • Mack the Knife says:

          really? I think his Dad should have invested in a condom.

          • Boadicea says:

            He seems a level-headed guy to me MtK. No fancy house, clothes, car etc. Very nice wife. And doing the rounds of the planet saying nice things. What’s wrong with that?

          • Mack the Knife says:

            Yvonne, he invented Facebook. I hate the crap that goes with it and other so-called “social” media. Twitter owns a new app called Periscope, live streaming from smartphones that kids are using in all sorts of situations and the kiddy botherers are using to groom kids. It’s all got a bit out of hand for mine.

          • Boadicea says:

            Yes MtK – can’t argue with that. I think FB and Twitter can be very destructive. In fact I think Zuckerberg had no idea of the monster he woukd create at the outset.
            But it’s the way of the world now. A new world of instant gratification, unreal expectations – all busily destroying the human race and the planet we live on. I don’t doubt that.
            But one cannot put back time.
            I would liwve to come back 100 years from now and see what happened!

  • Dwight says:

    Licked it? EEEEeewww!

  • Henry Blofeld says:

    One would dare not “lick” the Senate as you write, Mr Insider, lest one picked up some nasty disease. It was of course the great ex PM Paul Keating way back in 1989, when giving the Libs a bit of “what for” in the HOR when he inferred the Senate were made up of “Unrepresentative Swill” and I link that moment in time . With a whopping 12 Senators in tiny Tasmania one must wonder indeed why the Senate does exist.
    https://www.youtube.com/watch?v=cG1khlbqI9k

Leave A Reply

Your email address will not be published.

PASSWORD RESET

LOG IN