Chapter 19 - Relations with the executive government
Ministers in the Senate
The Constitution
vests the executive power of the Commonwealth in the Governor-General as
the monarch’s representative (s. 61). In practice the Governor General acts
only on the advice of the government, which is formally tendered through the Executive Council, of which all
ministers are members. Parliamentary secretaries (see below) are also appointed
to the Council.
Ministers are
appointed by the Governor-General on the advice of
the Prime Minister. The Constitution requires that no minister “shall
hold office for a longer period than three months unless he is or becomes a
senator or a member of the House of Representatives” (s. 64). The number of ministers and the maximum
amount of funds that can be appropriated to cover their salaries is prescribed,
under sections 65 and 66 of the
Constitution, by the Ministers of State Act 1952 as amended.
Traditionally the Prime Minister and
the Treasurer are members of the
House of Representatives. When Senator John Gorton became Prime Minister
consequent upon his election to the position of leader of the Liberal Party on
10 January 1968 he sought to become a member of the House of Representatives as
soon as practicable. He resigned from the Senate on 1 February 1968 and was elected as
member of the House of Representatives on 24 February
1968.
Although there are
no constitutional or statutory requirements that any ministers be members of
the Senate, all governments since federation have appointed senators to the
ministry. In recent decades senators have usually comprised approximately one
quarter to one third of the ministry.
From time to time the proposition has been advanced that there should
be no ministers in the
Senate, the argument being that the Senate is not the House which determines
the composition of the government, the Senate’s role should be one of review
and the presence of ministers inhibits that role. For example, on 22 February 1979 Senator Hamer moved:
-
That, in the opinion of the
Senate —
-
Senators should no longer
hold office as Ministers of State, with the exception of any Senator holding
the office of Leader of the Government in the Senate, who, in order adequately
to represent Government priorities to the Senate, should remain a member of the
Cabinet; and
-
Chairmen of the Senate’s
Legislative and General Purpose Standing Committees should be granted
allowances, staffs and other entitlements similar to those currently granted to
Ministers other than Ministers in the Cabinet. ...
This motion was debated but not resolved (22/2/1979, J.571, SD, pp
229-40). Notice of a similar motion was given by Senator Rae. It remained on
the Notice Paper until 16 December 1982 but it was not moved and not debated (22/3/1979, J.619; 4/12/1980, J.57). Such a change might
well strengthen the Senate’s role as the house of legislation and review, as
distinct from the electoral college role of the House of Representatives of
determining the party composition of the government. Unless the major parties
agree not to appoint ministers in the Senate, which is unlikely, the change
could come about only by a constitutional amendment.
The Senate’s
procedures give ministers certain exclusive powers, most of which are concerned
with the management of government business. The standing orders provide that
ministers may:
-
arrange the order
of their notices of motion and orders of the day on the Notice Paper as they
think fit (SO 65)
-
move a motion
connected with the conduct of the business of the Senate at any time without
notice (SO 56); for discussion
of this power see the section on the rearrangement of business in Chapter 8,
Conduct of Proceedings
-
move that a bill be
declared urgent and, if the motion
is agreed to, move further motions
concerning the time allocated for consideration of the bill (SO 142)
-
move at any time
that the Senate adjourn (SO 53(2))
-
move for the adjournment
of a debate after having spoken in that debate (SO 201(6))
-
move
that the question be now put on more than one occasion, and after having spoken
in the debate (SO 199(3))
-
present documents
(SO 61
and 166)
-
present a message
from the Governor-General at any time, but
not during a debate or so as to interrupt a senator speaking (SO 173).
Ministers may
authorise senators who are not ministers to exercise these powers on their
behalf.
Ministers may be
asked questions relating to public affairs at question time (SO 72). Committees
examining the estimates may ask ministers
for explanations concerning items of proposed expenditure (SO 26).
A document relating
to public affairs quoted by a minister may not be ordered to be laid on the
table, if the minister states that the document is of a
confidential nature or should more properly be obtained by address (SO 168(1); see Chapter 18,
Documents).
Ministers in the
Senate represent one or more
ministers who are members of the House of Representatives for the purposes of
answering questions without notice, tabling documents and taking charge of
bills. Conversely, Senate ministers are represented in the House of
Representatives by a minister who is a member of that House. These
representational arrangements are determined by the government.
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