No such thing as a mandate – time for Government to abandon takeover attempt

TasWater’s owner councils say the claim of a mandate by the newly elected State Liberal Government to implement the policies it took to the election, whether disclosed prior to the election or not, does not align with the democratic process or recent practice in Australia.
Chief Owners’ Representative, Northern Midlands Mayor David Downie said following on from the election, there had been considerable comment and much written about the concept of a mandate.
“However, the evidence in Australia is abundantly clear,” he said. “When its suits their respective agendas, both major political parties and even so-called independents and minor parties have either ‘claimed a mandate’ or ‘denied a mandate’.”
“There have been crystal clear examples of political parties campaigning on an issue pre-election, and then when elected to govern changing or dropping the issue completely. Many political promises made during elections have become valueless.
“The most recent historical precedence is clear, in Australia at least there in no such thing as a mandate. And this makes sense in a Parliament where both Houses are elected by the people.”
Cr Downie said for a Government formed in the Lower House to deny the Upper House the right to review and reject legislation was a denial of true democracy and the reason why Tasmania has an Upper House in the first place.
“The Tasmanian Constitution Act gives the Legislative Council wide powers and rightly so. Upper House Members have the responsibility to closely examine the legislation that comes before them, consult widely with the community and vote accordingly.
“The mandate argument is artificial, and an election victory does not give any government the right to enact poor legislation. Any legislation the Government presents to the Upper House must be workable, evidence-based and in the best interests of the community.
“The re-elected Government’s desire to takeover TasWater just does not measure up.”
Cr Downie said the election result did not change the facts and reasoning that resulted in the Legislative Council overwhelmingly rejecting the takeover legislation late last year.
“The politically desired takeover may have been listed discretely in some of the Liberals’ election material, but the party did not campaign on the issue because it knew it was a loser with the public.
“As a result, the issue was not even considered by the electorate amidst the campaigning on the threat of minority government, our failing health system, poker machines, housing shortages, education needs and the like, so the Liberals cannot claim a mandate.
“To claim a mandate is ludicrous when the Upper House Select Committee considered all the evidence and the Legislative Council then rejected the takeover legislation 10 votes to four because the Government had not made its case.
“Similarly, to claim a mandate in complete denial of the facts outlined in significant reports prepared by the Upper House Select Committee, the Auditor General, the Productivity Commission and Infrastructure Australia is simply not a credible approach.
“Rather than working on a second attempt to take control of TasWater, the Government should drop any repeat or revised takeover proposal and engage with Councils and TasWater.
“Only in this way can a constructive working relationship be built between State and Local Government, and TasWater as well as between the State Government and the Upper House to achieve the best outcomes for Tasmania and Tasmanians,” Cr Downie said.
Chief Owners’ Representative, Northern Midlands Mayor David Downie