Senate debates

Monday, 29 July 2019

Bills

Ministers of State (Checks for Security Purposes) Bill 2019; Second Reading

10:19 am

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Shadow Special Minister of State) Share this | Hansard source

Thank you, Deputy President. Our system deliberately differs from, for example, the United States, where members of the executive branch are not drawn from the legislature and, therefore, are spared the scrutiny of the electoral process. As the bill references, Australia's constitutional framework ensures a minister shall not hold office for more than three months unless he or she becomes a senator or member of the House of Representatives and, therefore, subject to the scrutiny of the electoral process. Additionally, there exists a clear conflict with the role and the supremacy of the elected legislature and the appointed executive by the government of the day.

Although the bill does not seek to impose any real or practical obligation on members on the executive as a result of the checks for security purposes, there still exists a conflict on what basis an independent ministerial appointment should be made by the Prime Minister of the day. For these reasons, the opposition will not be supporting the bill proposed by Senator Patrick. Labor remains committed to further consideration of our security processes and democratic integrity measures. However, these changes must be considered carefully and take into consideration the democratic principles on which our system of government is founded.

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