Constitution Day falls on 9 July each year . This is the day when Queen Victoria assented to the Commonwealth of Australia Constitution Act, 1900, which brought to a successful conclusion the unusually peaceful and democratic process to unite the six self governing Australian colonies.
We Australians federated under the Crown; the Crown has been with us from the settlement in 1788, and has been intimately involved on every significant occasion in the life of the nation.
ACM celebrated the day by the launch of a superb collection of videos on the Australian Constitution made by Wing Commander Nick Hobson DFC AFC, "The Beginner's Guide to the Australian Constitution". This took place in Parliament House Sydney where a selection of the videos were shown to an appreciative audience.
...the Proclamation....
The Commonwealth of AustraliaConstitution Act provided that it should take effect on a date to be proclaimed by The Queen. This is was done on 17 September, 1900 at Balmoral, Her Majesty declaring that she was then satisfied that the people of Western Australia had indicated in a referendum that they too wished to join the Commonwealth of Australia.
The Queen then signified that the new Australian nation should come into being on the first day of the new year and the first day of the new century.
...swearing in...
In the first video below, you may see the swearing in of the first Governor-General, Lord Hopetown, who then proceeds to swear in the first ministry under Prime Minister Edmund Barton. (This and other videos mentioned in this column are not the newly produced ones launched on Thursday.)
This significant event took place on 1 January 1901 in a pavillion in Centennial Park Sydney. The Governor-General,and The Queen's Ministers of State for the Commonwealth, as the Constitution describes them, used the same desk on which The Queen had assented to the Act.
The second video shows scenes of the Federation parade in Sydney.
...move to Canberra...
The first Parliament was opened by the Duke of York, later King George V in Melbourne on 9 May 1901. The Parliament then sat in Melbourne until 1927.
In the third video we see the next Duke of York, later King George VI, opening the new Parliament House in Canberra on 9 May 1927.
...Australia Acts, new Parliament House...
In the following video there are glimpses of the opening of the old Parliament House and of new Parliament House, opened by The Queen on 9 May 1988.
Two years before this, The Queen had been intimately involved in the finalisation of the terms of the Australia Acts, which successfully brought to an end the residuary powers the British Parliament retained in Australia. In that regard it should be noted that such powers were only retained on our insistence. This was because the State governments - of all parties - had trusted the British more than the Federal government.
The Queen proposed a compromise satisfactory to the States, but which considerably increased her duties as Queen of Australia.
...central to our nation : the Crown..
From the settlement in 1788 through self government freely given from the middle of the nineteenth century, through federation and independence freely granted by the British, the Australian Crown has been by our side, an integral part of the Australian nation.
A tribute to HRH The Prince of Wales, celebrating his 25 years as President of the UK organisation, Business in the Community.
Featuring the British Prime Minister David Cameron, M&S Chairman Stuart Rose, Richard Lambert Director General of the CBI and other business and community leaders he has worked with throughout his 25 years as President of Business in the Community
Yesterday ACM supporters gathered at Parliament House in Sydney for a morning tea entitled "Beginner's Guide to the Australian Constitution." This event was to celebrate Constitution Day, 9 July 1900, when Queen Victoria assented to the Constitution Act.
Showcasing a new suite of High Definition educational videos, Nick Hobson DFC AFC, the video's producer, told us how he developed his interest in the topic of the Australian Constitution.
"I am not a lawyer or constitutional expert" ... "but that does not prevent someone from taking an interest in OUR constitution" .... "and I can assure you it is a good thing".
The aesthetically pleasing series uniquely captures the viewer’s interest, transforming an important, but admittedly mundane, topic into a digestible and interesting overview.
The videos are available through Apple's iTunes software, downloadable on both Mac and PC platforms.
Young ACM Spokesman Jai Martinkovits said "Available for free, the videos can be accessed instantly. This convenience not only makes widespread distubution simple, but utilises the mediums with which school children are familiar."
Professor David Flint AM interviews formed ACM administrator Nick Hobson DFC AFC about his new suite of educational videos on the Australian Constitution.
The republicans' preferred argument in the 1999 referendum was that Australia needed an Australian Head of State, and only their (politicians') republic could provide this.
The argument was used nine times in the official Yes No case approved by MP's and Senators and distributed by the Electoral Commission, far more than any other.
This is not a constitutional law term of art. It is a diplomatic term. It is thus governed by international law. Used in relation to the constitution, it is descriptive.
ACM demonstrated that under international law there was no doubt whatsoever that the Governor-General is Head of State: see The Cane Toad Republic, 1999, chapter 3. ( Although Malcolm Turnbull said in his book, Fighting For the Republic, that I am not a constiutional lawyer, I have taught and published in both constitutional and international law.)
..and the constitution?..
There are good reaons to use the term Head of State to describe the constitutional role of the Governor-General: see The Cane Toad Republic, Sir David Smith, Head of State. This usage can be traced back to a unanimous bench of Founding Father Justices of the High Court in 1907. This was first noted in "The Head of State Debate Resolved," Quadrant , July-August, 2008 . The republicans have of course confused the issue. It is not surprising that republican policians should be confused; some of them think Canada is a republic.
Incidentally as we noted here, when The Queen addressed the UN in New York, Her Majesty did not say she was Head of State of sixteen realms.
Her Majesty said she spoke "as The Queen of sixteen United Nations member states and as Head of the Commonwealth."
...PM confused...
The Prime Minister Julia Gillard is being criticised on the question of the distinction between a head of state and a head of government in relation to her announcement to establish a Regional Processing Centre for asylum seekers or illegal immigrants in East Timor.
While she raised this just before with the Heads of Government of New Zealand and Indonesia, she did not in relation to East Timor.
It was like speaking to the Governor-General of New Zealand and not the PM.
In East Timor she spoke to the Head of State, President Jose Ramos Horta. Under the constitution this is a matter for the Head of Government, Prime Minister Xanana Gusmao, and not the President. It is surprising her advisers did not tell her this.
Tony Jones raised a number of questions about this on the ABC's Lateline on Wednesday, 7 July 2010.
The ABC’s 730 Report on 7 July broadcast a highly unbalanced programme about The Queen’s finances. The ABC summarised this report blandly as the British royal household asking Westminster to approve a rise in its official annual income and the prime minister refusing the request.
In fact the report gave a platform for the minuscule UK republican movement to call for the abolition of the monarchy and to make unbased claims of impropriety about its financial reporting. How can the ABC possibly allow such statements to be aired?
The programme concentrated much of the report on the minor issue of a few "grace and favour " residences, which are well known, but ignores the important issue.
This is that for much of the last two decades the British government has seriously short-changed The Queen in relation to her own income and now profits outrageously from her, even at the price of denying necessary and urgent repairs to heritage buildings.
The sad fact is that the British government profits enormously by short-changing The Queen.
...platform for minuscule republican movement...
A representative of some small republican movement had a lot to say, making unfounded allegations, even suggesting impropriety in the accounts.
The story would have been more balanced by pointing out that the vast income of the Crown Estate is The Queen's and that the British government kept back around A$350 million last year.
This column has pointed out for many years that at the beginning of each reign the custom is that the Sovereign hands over her income in the Crown Estate to the government in return for the Civil List, to which are now added certain grants in aid.
We have been arguing that the way in which The Prince of Wales manages his income from the Duchy of Cornwall is a more effective and fairer model, and produces a greater benefit to the public. (See our recent column: "British government mismanages Royal Finances.")
...not one cent from Australia...
And finally, the ABC did not mention one fact which would interest Australian viewers. This is that the Australian taxpayer does not contribute one cent to the Royal Household expenses. Nor does the Canadian or New Zealand taxpayer, nor indeed those from the other Realms for which The Queen addressed the UN General Assembly this week.
We have written to the 730 Report concerning the lack of balance in this programme.
The following is a report on the US network ABC immediately before The Queen's visit to New York on 7 July, 2010.
The Queen's 1957 address to the UN General Assembly follows.
The Queen arrives at the UN on 7 July, 2010 with a very short extract from her speech preceded by the introduction by the Secretary General:
The following video is an extract of Her Majesty's 2010 address to the UN General Assembly. The full version may be found at the foot of this column.
The Queen made her first visit to New York since 1957. Her Majesty opened her address to the United Nations (UN) General Assembly on 7 July 2010 pointing out that she spoke "as The Queen of sixteen United Nations member states and as Head of the Commonwealth."
Her Majesty said that she hoped that "...when people look back 53 years from now, they admire our sincerity and determination to do the right thing."
On the last day of this remarkable Royal Homecoming, Her Majesty The Queen honoured the theme of service by being among recipients of Ontario Medals for Good Citizenship awarded to those who have made outstanding contributions to their communities. The Queen also unveiled a special plaque commemorating the 150th anniversary of the dedication of Queen’s Park in 1860 by her great-grandfather, The Prince of Wales, later King Edward VII.
The Governor General, the Prime Minister, the Lieutenant Governor of Ontario and the Premier of Ontario farewelled Her Majesty The Queen and His Royal Highness The Duke of Edinburgh at the Official Departure Ceremony from Canada and Ontario at Queen’s Park.
At Toronto Pearson International Airport, The Queen viewed the newly awarded coat of arms and badge created for the Canada Border Services Agency (CBSA).
The Queen’s Personal Canadian Flag was lowered as The Queen and The Duke of Edinburgh bordes their flight, marking the end of Her Majesty The Queen’s 22nd tour of Canada.
This year the British government will make an extraordinary profit of over A$350 million (under £200 million) from The Queen.
As we have long explained here, most recently on 28 June, this represents an extraordinary bargain for the British government. This is because The Queen has handed over her personal income from the Crown Estate to the government in return for the Civil List and other grants.
...politicians’ greed....
This is not for her personal benefit but towards various Head of State and Head of the Commonwealth costs, including the buildings which are the heritage of the nation. In fact successive British governments have been so greedy that funds building maintenance are now grossly inadequate.
Given the dire state of public accounts in the UK, the Civil List and other grants will actually be reduced by more than £3 million this year. This is a decrease in real terms of 12.2 per cent.
...no increase for 20 years...
In fact no increase has been granted for twenty years. In real terms this represents a fall of about 75%.Most of the cut this year has been achieved through a reduction in commercial charter flights and a refund of lease rentals arising from the sale of The Queen’s helicopter, which was replaced last year.
The British government will only return a fraction of The Queen’s money, around 20%. And this is not for The Queen personally, but for official costs.
...totally unsatisfactory practice...
Notwithstanding this, it has been agreed that the accounts be open to greater Parliamentary scrutiny. After the way many British politicians have behaved in relation to their own accounts, and the way they have mismanaged the accounts of the nation, we would suggest that they have nothing to teach the Palace and everything to learn from them.
This practice of surrendering the income of the Crown Estate to the politicians is totally unsatisfactory. The income should be handed to the Sovereign, and any surplus given to the government. This works well with the Duchy of Cornwall, which belongs to The Prince of Wales
.
...Keeper of the Privy Purse explains...
The Royal Public Finances Annual Report states that Head of State support for 2009-10 was £38.2 million (including VAT of £1.9 million), compared with £41.5 last year.
Sir Alan Reid, Keeper of the Privy Purse, said:“The Treasury contributed the equivalent of just 62 pence per person in the country to enable The Queen to carry out her duties as Head of State.
“The Royal Household is acutely aware of the difficult economic climate and took early action to reduce its Civil List expenditure by 2.5 per cent in real terms in 2009. We are implementing a headcount freeze and reviewing every vacancy to see if we can avoid replacement."
“Property Services funding will be reduced by £0.5 million this year. Work will continue on assessing the condition of the Estate, but it is acknowledged that the necessary cuts in public expenditure will have an impact on the backlog of essential maintenance which it is hoped can be addressed in the longer term.”
“In the meantime, the Household is continuing to pursue opportunities to reduce costs and generate income from the Estate’s assets, including commercial lettings and management charges.”
Her Majesty The Queen and His Royal Highness The Duke of Edinburgh learn more about a Canadian technology that has profoundly changed the way the world does business when they visit Waterloo based Research in Motion, maker of the world-famous BlackBerry.
The Queen and The Duke of Edinburgh return to Toronto for a tour and a luncheon at Pinewood Toronto Studios, Canada’s largest film and television production complex.
Later that day, The Duke of Edinburgh presents The Duke of Edinburgh’s Award to highlight, honour and recognize the contribution to community, volunteerism and betterment of self by Canadian youth.
Channel Nine News in Melbourne, Australia announced breaking news during The Queen’s Homecoming in June, 2010. This was that Canada had become some sort of politicians’ republic, and nobody had noticed. Apparently nobody had informed The Queen of Canada.
The following was broadcast from the Melbourne studios of one of Australia’s five national free to air networks, Channel 9 on their high rating evening news on 29 June 2010.
This was the Victorian state edition, so it was not seen in other states. A vigilant viewer advised us on the following day. By that time it had been removed, or not posted to the Nine site. However the ABC included it gleefully on its Mediawatch programme.
,,,startled viewers...
Startled viewers heard the following report:
” Meanwhile the Queen has commenced a nine day tour of Canada. She arrived in Halifax to an official welcome from Prime Minister Stephen Harper and hundreds of locals who'd gathered for hours in steady rain. Although Canada is now a republic, Queen Elizabeth's silhouette still marks their coins.”
...republican politicians at fault...
The journalists at Nine should not be criticised. The education system and the republican politicians are at fault. The Leader of the Australian Democrats asked when she launched a book at Sydney’s Mitchell Library to a celebrity audience during the 1999 referendum campign, “Why shouldn’t Australia become a republic. After all Canada is.”
You could have heard a pin drop.
And in the latest attempt by republican politicians to make Australia republic, a prominent government senator - a republican - asked about the way in which Canada had become a republic.
We cannot imagine a more cogent case for education about our constitutional system.
Don't trust the politicians when they ask you to agree to a politicians' republic....
This will be designed to make the political class even more powerful than they already are ...
They are keeping their plans secret...
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