'A blow to democracy’

Press, 2 July 1983, Page 9

' A blow to democracy’

NZPA Port Moresby The High Court decision in favour of the Federal Government in the Gordon-below-Franklin dam issue in Tasmania was a “blow to democracy in Australia,” said the Federal member for Franklin, Mr Bruce Goodluck, in Port Moresby yesterday. “It proves the point I made during the election campaign that Hawke is just a bloody dictator,” said the Liberal member. “I indicated during the election that I was bitterly opposed to any intervention in the affairs of Tasmania by a Federal Government. I believe I was elected on this basis “I think the fight should continue in spite of the High Court decision.” Tasmania’s Premier, Mr Robin Gray, expressed bitter disappointment over yesterday’s decision blocking the Franklin dam, but said his Government accepted it. Mr Gray also said, after talks with the Prime Minister, Mr Hawke, that he was quite satisfied Tasmania would receive fair and adequate compensation. He said he believed this would eventually be more than the sAustsoo million offered by the previous Federal Government because of an open ended commitment to subsidise alternative electricity production. But he agreed this aspect of compensation, as distinct from that relating for work already done and alternative work projects, would not apply until after 1991 when the Franklin dam had been due for completion. Mr Gray said while morale in Tasmania would no doubt suffer, the state government was not con-

cerned that the decision would cause a serious economic downturn. This was because of contingency plans drawn up for the possibility of a loss in the constitutional battle and the promised Federal compensation to finance them. However, Mr Gray said it was a sad day for both Tasmanians and Australians because the original intent of the constitution had been circumvented and Australia’s federal system placed under threat. There was a need for both the states and the Federal Government to recognise this threat, he said, suggesting that important constitutional questions should be decided only unanimously by the High Court. He said the decision would concern all thinking Australians because it had affected the role and responsibilities of the states in Australia’s political system. “I hope there will be a recognition of the seriousness of the problem and we will not move into a situation where the Constitution of Australia is determined by High Court judges,” Mr Gray said. Planning for one power scheme would be brought forward and negotiations would be held with the Commonwealth for compensation for resources generally in the wilderness area. This constituted more than 11 per cent of the state, he said. Mr Gray said he did not regret the long battle over the dam. He had had a mandate from the people of Tasmania, he said, but their wishes had not been allowed to be implemented. The High Court’s decision on the conservation act was a blockbuster which could

have the most profound effect on the division of Commonwealth and state powers, said the Federal Opposition. The Opposition’s legal spokesman, Senator Peter Durack, said in Canberra that the Federal system could cease to exist. Senator Durack said there was an imperative obligation on the Federal Government to state clearly where it stood on the future of federation. “Simply because the Commonwealth Government has the constitutional power does not mean that it should exercise that power,” he said. “It certainly should not do so in a way that subverts the traditional balance of powers between the Commonwealth and the states.” Support for the balance had been a firm policy of the Fraser Government and it was the clear view of the Opposition, Senator Durack said. “We gave very firm recognition to it in the offshore constitutional settlement which was negotiated with the states after the High Court in 1975 gave the Commonwealth full authority over the territorial sea and the continental shelf,” he said. Senator Durack said Australian political leaders both Federal and state must now work together to find a formula to preserve the Federal system. “At the recent constitutional convention this problem was referred to a committee for close and urgent study,” he said. The committee had had its first meeting on Thursday and it now faced its task with even greater and more urgent responsibilities.

“The Government must give it all the support it needs,” he said. Senator Durack said that the Government should also abandon its other plans to use its external affairs power until the committee had finished its work and a formula to preserve the Australian Constitution had been agreed. Australia’s Prime Minister, Mr Hawke, said in Canberra yesterday that workers thrown out of a job on the dam because of the High Court’s ruling wouldbe paid by the Federal Government for one month. Mr Hawke said the Government would also immediately begin talks with the Tasmanian government to find alternative employment for the workers. He said such employment should provide enduring benefits for the Tasmanian people and economy. Mr Hawke said his Government would, in conjunction with the Tasmanian government, look at what other projects would be necessary to make up the power that would have been provided by the proposed dam. Comments by Queensland’s Premier, Mr Joh Bjelke-Petersen, that the High Court decision would lead to the destruction of the federation were an unjustifiable indictment of the responsible High Court judges, said Mr Hawke. The Commonwealth had not sought to extend its powers, he said. It had argued that the existing powers under the constitution gave it the power to take the action it had and the High Court had upheld this view.

Mr Hawke said the Government’s attitude towards Tasmania had been made clear from the time he had led the Labour Party. “I said that our overriding concerns and commitments were to the people of Australia, including the people of Tasmania,” he said. “I recognised that they had two legitimate interests: one, sufficiency of power in the future to meet their needs and second, a legitimate concern with the employment opportunities of those men and women now engaged on the early stages of the building of the proposed dam.” Mr Hawke said he wanted to assure Tasmanians the Federal Government would not retract those commitments. He said the Government welcomed the High Court decision which confirmed the Commonwealth’s powers to preserve the south-west Tasmanian wilderness. Mr Hawke said the importance of the area which contained some of the last temperate wilderness in the world had been recognised internationally as part of the world’s natural cultural heritage. This had been done through its listing in the World Heritage register. “Now that it is clear that the Commonwealth Government has the necessary power, we will move promptly and responsibly to insure that the wilderness of the World Heritage area is preserved for all present and future Australians, and for the world,” Mr Hawke said. “The decision also protects a significant part of Tasmania’s Aboriginal heritage,” he said.