By Sarah Stephen
HOBART — The May 25 election of three members of Tasmania's upper house, the Legislative Council, came under the spotlight this year because of the ongoing debate over gay law reform.
This year three of the 19 council seats were up for election: Cornwall in the north, covering the Launceston area, Huon in the south and Mersey on the north-west coast. There was particular interest surrounding the elections because of the gay law reform bill introduced by the Greens and passed only weeks before by the House of Assembly.
Similar bills have been passed in the lower house in the past, but the conservative upper house has blocked them from becoming legislation.
This is not the only time the upper house has blocked progressive reform in recent history. During the height of the Franklin Dam campaign, when the Labor government was forced into a compromise position and decided to support an alternative Gordon above Olga dam, the Legislative Council deadlocked parliament for almost two years by refusing to pass anything except a proposal to dam the Franklin. (Ironically, this allowed the environment movement the time to develop a strong national campaign to save the Franklin.)
The upper house makes a mockery of the much more democratic proportional electoral system for the lower house, which allows support for the minor parties to be more accurately represented. In contrast to the multi-member electorates for the lower house, the Legislative Council is made up of 19 members representing separate electorates. Electoral boundaries have been drawn up by a committee of members from the council. The number of electors varies widely.
Every May, three members face election. They are returned for six-year terms. Every sixth year, a fourth member goes to election, making up the 19th seat. The Legislative Council can reject budget or money bills, leaving the government without finance, but only the Legislative Assembly has to go to election. There is no provision for a double dissolution.
About 50% of council members have a municipal council background; most stand as "independents", but are really aligned with the right. Their average age is 54, and they are all men.
Three of those on the council were elected in recent years following either the death or resignation of a father, father-in-law or brother. In the past 20 years, members have been re-elected unopposed on 10 occasions. Wives of Tasmanian householders weren't given the vote in council elections until 1954, and it was only in 1968 that a property qualification was dropped and the full adult franchise was introduced following the federal government's one vote equals one value reform.
July 1 is the deadline for the lower house to pass legislation reforming the upper house's electoral boundaries. This deadline is being used by the lower house to force the upper house to accept other changes. The Labor Party has plans to take control of the Legislative Council through reforms including an election for all 19 seats, the first to be held next May, and then again every six years.
Both Labor and the Greens have, in the past, been frustrated by parliament's inability to deliver progressive reform because of the blocking role of the upper house. The media have predicted a constitutional crisis, with some in the upper house threatening to block supply if the lower house holds it to ransom over this issue.
All indicators, however, point to a big shake-up of the upper house in the next few years, as public pressure mounts for its democratisation.