Extract from the

Query:IULA

Date: 17 August 1989

Page: 265

Senator BISHOP-Will the Minister for Local Government advise the Senate whether the Hawke Government is supporting the International Union of Local Authorities (IULA) worldwide declaration on local self-government and, if so, what that support means, particularly bearing in mind that five of the six State governments of Australia are opposed to the declaration and have expressed that opposition to her?

What treachery, five states oppose handing local government to foreign control, and yet this evil declaration is to be enforced.

Will the Minister further advise what the legal and constitutional implications of the declaration could be for intergovernmental relations between Federal, State and local governments in Australia? Will the Government give an undertaking that the declaration will not be used as a basis for legislating pursuant to the external affairs powers on any matter relating to local government?

Senator REYNOLDS-I can certainly give an assurance on the last part of the honourable senator's detailed series of questions. The question of the IULA declaration has been discussed with members of the coalition. I know that there are members on her side of the chamber who are in total agreement with the stand the Government has taken in this regard. There is a great deal of misunderstanding about the declaration. The declaration is not a treaty. I know that one can ask, as some of the correspondents to me on this subject to me have indicated: When is a treaty a treaty and when is it a declaration? The fact is that Australia has not and will not be a signatory to anything in relation to this declaration.

Senator Reynolds is using doublespeak here, what she means is that a declaration can be introduced by the foreign minister or representative without any parliamentary involvement! Of course you do not have to "sign" a declaration.

The IUIA worldwide declaration on local self-government was considered at the March meeting of the United Nations experts in public administration and finance. The meeting of experts considered responses to the declaration from several countries. All responses were in support of the principle of local self-government set forth in the declaration. I understand that the meeting of experts intends to ask member states which have no forwarded responses to the declaration to do so as soon as possible.

The Federal Government supported the declaration at the meeting

I think she meant to say that a representative of the Federal Government supported the declaration

and thereby confirmed the in principle support it provided when the declaration was originally considered by the United Nations Economic and Social Committee in May 1987. The Government did consult with the States and the Northern Territory in developing its position on the declaration. However, the legislative responsibility of the State and Territory governments for local government is explicitly mentioned in Australia's statement of support for the declaration. The declaration is a code of conduct for dealing with local government. It does not have the status of a treaty, as I said before. The Government recognises that the declaration can act as a useful guide in developing the relationship between central governments and local government.

There have been moves in relation to this by individuals and organisations of fairly dubious political merit. I do not say that in any gratuitous way because I know there are senators on the honourable senator's side of the chamber who do agree with the Government's stand in relation to giving this in principle support. I will not embarrass them by naming them, but I know because I have spoken with them about it. So regardless of what the honourable senator's official Party position will be on this matter, I know that those members who genuinely support local government agree with this in principle support.

Senator BISHOP-I ask a supplementary question, Mr President. I asked the Minister specifically for an undertaking that she would not legislate pursuant to the external affairs power. The answer she has given me is largely irrelevant. The question of its having a treaty or a non-treaty status is, after the Lemonthyme decision, irrelevant. I ask the Minister again: Will she give an undertaking-whether the declaration has treaty status or not-that she will not legislate pursuant to the external affairs power concerning local government?

Senator REYNOLDS-I thought I had made it quite clear.

Senator Reynolds is using doublespeak again! Apparently prior advice was sought from the Attorney-General on forcing this obviously unwanted "treaty" through somehow!

I can give that undertaking. I will give that undertaking. I know that no two legal experts can agree but on the advice of the Attorney-General we could not legislate under the Australian Constitution. We cannot legislate under the external affairs provision because this declaration does not have the status of a treaty. We have not, will not and cannot sign anything.