THE LEWIS COMPACT
This compact was solemnly entered into by the South Australian Labor Party, headed by Mike Rann in 2002, in order to secure Peter Lewis' support, without which a Labor government could not be formed. Since then, Labor and Coalition have conspired to pay nothing but lip service to the compact. and to undermine Peter Lewis' authority. They have been completely successful - Peter Lewis is no longer Speaker and the Compact and the stipulations therein and the Constitutional Convention and the resulting recommendations are now assigned to the scrapheap.
Q. Is it reasonable for politicians who behave like this to claim they represent their electors?
Read the compact for yourself and see what you think about it.
PETER LEWIS' COMPACT FOR GOOD GOVERNMENT
The aim of this Compact is to provide for stable, open and accountable government, which works productively for the people of South Australia.
I am determined to maintain my Independent status. I will not become a formal part of any government.
However I agree that to provide stability I will vote with the government on:
1. Appropriation and supply bills
2. All motions of No Confidence unless there is evidence of fraud, mismanagement, misuse of public finance, misappropriation, illegal activities or breach or non-performance of any of the other terms and provisions of this Compact.
I will not support any government, and will remove my support from a government which:-
Demonstrates mismanagement or misuse of public finances
Is shown to be corrupt, or which supports any practices which are corrupt or which violates accepted standards of public probity.
Abuses the spirit of democratic parliamentary practice and procedure.
The Government undertakes that should it lose the confidence of the House of Assembly the Premier will not advise the Governor that an election should be held if an alternative government can be formed which has the support of the House of Assembly.
I am willing to support a Government, which publicly undertakes to:
Promote open and accountable government
Improve the democratic operation of Parliament
Establish clear plans, strategies and targets to address the urgent needs of rural South Australia
Co-operate meaningfully with Independent Members.
Improve codes of conduct for Ministers and all other Members of Parliament.
1. Promoting open and accountable government
This can be demonstrated by The Government undertaking to, within the next sittings of
Parliament:
1.1 Accept that future appointments to the position of Auditor-General will be ratified by committee of the Legislative Council specifically constituted for that purpose.
1.2 Rebuild Freedom of Information (FOI) legislation to give full and proper access to government documents by:
(a) Reducing the restrictions on access to documents on the grounds of "cabinet confidentiality"
(b) Removing restrictions based on "commercial confidentiality" (to the extent of the New Zealand Act).
(c) Removing obstructions such as excessive cost claims and appeals against document release
(d) Reducing the delay between a request for and the provision of documents.
(e) Adhere to the spirit of FQI legislation and its underlying principles.
1.3 Ensure that budget documents are properly comparable from one year to the next, by including parallel information in both formats where a format change is deemed desirable.
1.4 Initiate such changes to the law as may be necessary to enable the Auditor-General, the Ombudsman and the Employee Ombudsman to initiate enquiries which they deem to be in the public interest and which are separate from any direction from Parliament and Government , where such enquiries are otherwise authorised by their enabling Acts at present and undertake to table reports made by such officers immediately upon their receipt.
2 Improving the democratic operation of Parliament
The Government undertaking to, within six months of the commencement of the 50th Parliament;
2.1 Facilitate Constitutional and Parliamentary reform by establishing a South Australian Constitutional Convention to conduct a review of the Constitution and Parliament and to report to Parliament by 30th June 2003 on the issues set out in the Annexure hereto including:-
?? Citizens Initiated Referenda
?? Reducing the number of Parliamentarians
?? Constituting the Legislative Council as a House of Review Ensuring the independence of certain public offices
2.2 Amend Standing Orders to r3quire that secret ballots be undertaken for the election of all Officers of the Parliament which are currently elected from those Members of Parliament such that each Member shall be called forward by name separately by the Clerk (in the case of Government Members) or the Clerk Assistant (in the case of Opposition Members) or by either of them in the case of Members from the cross-bench to be given their ballot paper and to mark their ballot paper at the Table of the House using a method which satisfies the Clerk and Clerk Assistant respectively that no other Member has seen the way the ballot paper was marked by that Member before it is cast in the ballot box.
2.3 Establish a separate Appropriation Bill prepared by the Joint Parliamentary Services Committee and presented to the House of Assembly by the Speaker and be given assent as an Act of Parliament before the introduction of the Budget Appropriations Bill.
2.4 To have a minimum number of sitting days of 69 per year.
2.5 Revise Standing Orders of parliament to allow for:
(a) a requirement that Ministers actually answer questions during question time, or if practically unable to do so then within six (6) sitting days of the question being asked.
(b) non-government members to have the opportunity to ask a minimum of 10 questions per Question Time and that Question Time be extended to allow for this.
3. Establishing clear plans, strategies and targets to address the urgent needs of Rural South Australia
This can be demonstrated by the Government making commitments, throughout the life of this Parliament continue to:
3.1 Improve the relationship and consultative mechanisms between State government and local Councils and communities.
Improved rural and regional employment opportunities.
Improve rural infrastructure such as roads, rail, water, power and gas.
Improve and extend Rural health, education, police, emergency, environment and human services.
I REQUIRE THAT THE GOVERNING PARTY WILL DO ALL SUCH THINGS AND PERMIT ALL SUCH THINGS TO BE DONE TO ENSURE THAT THE REASONABLE EXPECTATIONS AIMS AND PRINCIPLES SET OUT HEREIN COME TO FRUITION.
In conclusion, I will maintain my right to vote on all legislation according to the needs of my Electorate and my conscience.
ANNEXURE TO COMPACT
ELEMENTS OF THE REFORM OF THE INSTITUTION OF
PARLIAMENT
To pass an Act of Parliament and make such other arrangements as deemed necessary by the Speaker to meet such costs and facilitating such processes as may be involved in any aspects of the work related to the establishment of a Constitutional Convention which shall:
1. Advise on a responsible form of Citizen Initiated Referenda and on the mechanism by which such a proposal can be implemented.
2. Consider the legislative and Constitutional changes and mechanisms necessary to:-
2.1 locate all Ministers in the Lower House.
2.2 move all Parliamentary Committees (with the exception of the Joint Parliamentary Services Committee) from the House of Assembly to the Legislative Council.
2.3 reduce the number of Members of Parliament in both Houses to 35 in the House of Assembly and 17 in the Legislative Council or such other number as the Convention determines is desirable.
2.4 remove all members of political parties from the Legislative Council as of the general election of March 2010 by requiring that no candidate seeking election to the Legislative Council as and from the next election may be a member of any political party registered with either Electoral Commission for the purpose of the provisions of the Electoral Act of either State or Federal Parliament.
3. Consider the desirability of and make recommendations on:
3.1 changing the electoral system of the Legislative Council such that five members shall be elected at large at each general election and retire at the end of each term; and twelve members (in each of six regional seats) to be comprised for convenience in the first instance of two House of Representative seats for two terms (8 years) one such Member from each Electorate being elected at each general election;
3.2 a requirement that the President of the Council and the Presiding Members of each of the Parliamentary Committees shall be elected by the Legislative Council in session from those five members elected at large.
3.3 providing that the Auditor-General, the Ombudsman, the Employee Ombudsman, and the Police Commissioner should report to the Parliament as officers acting in the public interest, not under political control of a Minister, to the President of the Legislative Council and that the appointment of all these officers of the Parliament shall be reviewed and ratified by a committee elected by the Legislative Council for the purpose of doing so, instance by instance in order to secure independence from political interference.
3.4 establishing a convocation of Members of Parliament and Mayors of all Local Government bodies for the purpose of recommending to the Premier a person who should be appointed Governor.
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