Some twenty years ago the clamour among reformers of our democratic institutions was for fixed parliamentary terms, the argument going that they would provide greater certainty and prevent the expedient manipulation of the political process.

What has happened instead is that fixed terms have become a protection order for mediocrity and incompetence, where dud governments have been shielded from the voters‘ wrath, premierships have been passed on like a baton with no direct and immediate input from voters, and policy cynicism has been entrenched as the political cycle is loaded at the front with harsh decisions and back-ended with decadent cash splurges and reckless pork-barrelling.

NSW is the most compelling case study - a dysfunctional basket case, the state that by rights should be the powerhouse of federation, now resembling some kind of anarcho-syndicalist commune whereby the elected representatives on both sides of the chamber are so incapable of achieving anything that the Speaker recently lost control of the House and had to ring a long bell to shut the joint down, saving a government which, if it were a dog, would have been taken down the back of the yard and shot some time ago.

The past five years of “democracy” in the premier state stands as an insult to the collective intelligence of the now long-suffering voters.

Labor has treated government like its own personal plaything. The Liberals have operated a laughable leadership merry-go-round which has coincided with near-total policy paralysis, and a gob-smacking failure to make any significant inroads by assuming the government is clearly so bad that victory must eventually and inevitably land in the conservatives’ laps.

Worse, what we’ve now seen from the Libs, as chronicled so powerfully by Janet Albrechtsen in The Australian earlier in the week, is that “the other mob” has even been prepared to jettison its core values for perceived short-term political gain. Perhaps it’s like playing tennis against a beginner - the Libs are up against such a poor opponent that they play down to their level. This seems too charitable an assessment. It’s more tempting to conclude that they’ve simply got no idea.

Potted history of NSW in 200 words or less:

Bob Carr avoids judgment of public by chucking it in early and handing reins to Morris Iemma. Morris Iemma wins unwinnable election against Liberal Leader Peter Debnam who spends much of election campaign dressed in a pair of Speedos. Iemma gets shafted by his own party for trying to sell power industry, with Labor head office conspiring with the unions to destroy a premier and reduce the once-ascendant NSW Right to a smouldering ruin.

Nathan Rees assumes leadership. Promises to have a “red-hot” go and inject new blood into Cabinet. Holds press conference two days later saying he’s been handed a list of names by Caucus to assemble his frontbench. Makes Joe Tripodi finance minister. Sacks Matt Brown as police minister upon learning he’s been dancing in his jocks at Parliament.

All this in his first week as Premier.

Rees tries to implement policies which have historically been held as articles of faith by the conservatives. Tries to sell state lotteries. Tries to introduce school league tables. Liberal Leader Barry O’Farrell helps block both measures, just as he did last year when he single-handedly trashed the Liberals‘ brand in NSW by blocking the power sale - a policy which the Liberals have themselves campaigned on in the past, and which would have injected desperately-needed revenue into this financially buggered state.

What we need instead of fixed terms is a mercy rule, not a long bell to save a useless government under siege from an opportunistic opposition, but a bloody great whistle which can be sounded on behalf of voters who simply do not deserve this kind of political vaudeville, to declare every seat vacant - including the green vegans, the gun nuts, and the tongue-speaking Christians who dominate the upper house - and start afresh.

One of the last papers I produced as editor of The Daily Telegraph featured the front page headline Just Sack Yourself Premier and Call an Election. It was seen by Labor as a final act of megalomania where a few of us had sat down over a beer and decided we’d demand the government’s removal, just for a bit of a laugh. What it actually was was an unadorned and accurate reflection of public sentiment at the fact that Nathan Rees’ red-hot go had involved acquiescing to the return to the frontbench of the most despised factional hacks in his party - of the 9000 readers who voted in one online Telegraph poll, 2 per cent of them said Joe Tripodi deserved to be finance minister - and a sense of unbridled public fury at the fact that, due to the fixed term system, we are stuck with these dills for another 18 months.

If this is certainty, it’s the kind of wacky certainty you get in Latin American constitutions, such as Mexico with its six-year terms for presidents who have often been in league with drug runners, dodgy oil cartels and organised crime. At least the Mexicans have a no re-election rule where presidents are prevented from serving twice.

The best recent example in Australia of unfixed terms being open to political abuse was in Western Australia, where former Labor Premier Alan Carpenter bunged on an early election to capitalise on the leadership turmoil engulfing the Libs. And what happened? The public saw Carpenter’s snap poll for the cynical exercise it was, and turfed him out to instal the Liberals’ Colin Barnett.

Voters are smart and have finely-tuned radar and will punish cynicism when they see it. In NSW their hands are tied by a system that has rewarded the self-interested, the incompetent, the opportunistic, and which stands as a clarion call for a revival of the fixed-term debate - very much in the negative.

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24 comments

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    • Kranky In Kanberra says:

      08:32am | 04/07/09

      Sorry, David, but NSW has got the government it deserves.  The last election was a simple choice, yet a majority knowingly voted for more corruption and incompetence.  Naturally, you’ll find politicans willing to take advantage of that, but it’s now clear that NSW’s problem isn’t the politicians—it’s the voters. And you thought cleaning up PARLIAMENT was going to be a struggle. . . .

    • iansand says:

      09:44am | 04/07/09

      Who will blow your whistle?  The Governor?  Pity John Kerr is dead.

      Whatever you think of the incompetent bunch of clowns we chose to govern us, I don’t think Mr Rees would be calling an early election.  He would be stretching the call as long as possible in the hope that the Liberals dissolve themselves or some other miracle occurs.  Politicians do not commit electoral seppuku.

    • Zeta says:

      10:11am | 04/07/09

      Barry O’Farrell has already committed to reforming the fixed terms if the Coalition wins. But beyond that, Barry is doing the right thing when it comes to the contentions issues you and the media are accusing him of backflipping on. Ultimately, as an Opposition Leader, his job is to win the election. And considering how bad the Carr/Iemma/Rees/? Government has been, that is a high stakes game that he can’t afford to loose. That we can’t afford to loose, as taxpayers. He’s up against a Union machine that will out-spend him, a bloated Government and political bureaucracy that will out-staff him, and the haunting him and every thing he does are the shadows of his own party’s previous failures. If, but backing the Unions on anti-privatisation and public sector reform, and by neutralising the Teacher’s Federation on league tables makes it even the slightest bit easier to win the election, than it’s worth it. In the NSW situation, winning the election in any way possible is more important than clinging to a political ideology that has been shown to be unelectable.

    • Paul says:

      01:25pm | 04/07/09

      I for one am still of the belief that governments should server their full term.

      NSW is suffering from a government that has been in power for too long and is well past its use by date but i just dont see Barry O’Farrell as being anything but the lesser of two evils.

      Sadly there really isnt any other option as the Greens dont appear to be a political force capable of running a state.

      I would suggest that it may be time to do away with state governments altogether, redistribute shires and councils to a population based size and let the Federal government take responsibility for health, education, defence, police, etc.

      It isnt fixed terms that are the problem, i see state governments as being the tier of government that is no longer needed.

    • S. Slamming Sam says:

      01:28pm | 04/07/09

      @Zeta - you should cancel your membership to the Liberal Party today.

      We do not need such unprincipled, shallow opportunism in a party that is supposed to represent very specific and stated values. If anyone is wondering why the conservatives are struggling so much right now it is because of disgraceful mouthpieces like you who stand for nothing but winning an election, even if it means being completely unrepresentative.

      Opposition is about keeping the present Government to account and providing the option of an alternative Government. I am a Liberal, and, had I not moved to Melbourne recently, I would not be voting for Barry O’Farrell along with many other card carrying Libs. This is a sad time for us.

    • Timothy says:

      04:00pm | 04/07/09

      Nice one David!! Now that’s more like it. I had to laugh about the reader comment that Barry O’Stupid would reform the fixed term. When Barry goes back to the normal 3 year term or a non-fixed term, I’ll become Cleopatra of the Nile. It would be great to see you take on the federal government sometime as well.

    • Earl Downing says:

      05:40pm | 04/07/09

      Everything you printed for NSW goes in spades for Victoria. When Bracks bought in fixed four year terms for himself and his mates I thought here we go, three years of bludging and one year of saying we didn’t know you needed hospitals, dams, a transport system worthy of any third world country. Why didn’t you tell us? But that is not the only worry, Bracks (again) told the Timorese that a broad based crime commission for them was a wonderful idea, this was echoed by Brumby. Mr. Brumby flatly refused to install a broadbased Victorian Crime and Corruption Commission for Victoria, it is out of the question ... because we don’t need one. I say we do. These myriad of tame government organisations need to be culled and replaced with something that actually does something. Mr. Brumby’s much vaunted OPI is looking more and more like the failure it was always destined to be as it is not empowered to investigate everyone involved in criminal activities. One more thing that needs to be changed and that is governors being handed the job by their politician mates, and so ensuring a cosy arrangement instead of doing the job he is there for. There are many other things that this government is hiding, four year terms only aid the coverup.

    • Vixen says:

      06:05pm | 04/07/09

      This long suffering NSw resident would push for the return of 3 year terms.  Any Government worth it’s salt knows how it is going to approach problems and what policies they want to implement before gaining power.  Given the state of NSw I really cannot understand how anyone could vote for the ALP here in the next election.  They have turned this into a banana State and treated the voter with complete contempt and I will not wear it!

    • Charlie says:

      08:08pm | 04/07/09

      What the hell difference do fixed terms make to any of this? The government of the day always held the power to call the election. Do you think that the current NSW government would call an election at the moment if it could?
      At least fixed terms stop governments wasting taxpayer’s money calling elections early in their terms because they have their opposition on the ropes.

    • Ben Raue says:

      02:05am | 05/07/09

      What do you think would happen if we didn’t have fixed terms? Do you really think the ALP government would call an early election they would certainly lose? No, of course not. Getting rid of fixed terms wouldn’t bring forward the next NSW election by a single day.

      Look at the UK Labour government, in a similar situation to the NSW Labor government, in that both face almost certain defeat at the next election. They don’t have fixed terms in the UK, but Gordon Brown isn’t planning to call an election until the last date possible.

      What fixed terms do is ensure that governments who are popular cannot call early elections for their own political benefit.

      If you want to ensure that unpopular parties in government cannot continue on indefinitely when the population wants them kicked out, you need a voting system that ensures political parties don’t gain the sort of ridiculous majorities that the NSW Labor Party has had since 1999. Like in New Zealand or Ireland, where it looks likely that the current government will lose its majority this year and have to go to the polls over 2 years early.

    • pete b says:

      07:32am | 05/07/09

      Yes NSW voters created & deserve this. Meanwhile Premier ‘Forest Gump’ Rees police state gets its ill-fated tasers & secret search laws & another hairy chested war against men-in-beards. While Rudd implements net censorship like other bogan countries China & Iran. Labor are the new neo-conservatives.

    • Paul Watson says:

      12:01pm | 05/07/09

      Non fixed terms do not solve the issue of a non performing two party system. Another dumb duopoly. Its easy for you city folk to follow this blind religon of ‘privatising’ power companies (Labor would botch this too) when you dont know how disastrous the Telstra sale was for regional & rural people.

    • John says:

      05:57pm | 05/07/09

      None of the comments really address the fundamental issue, that is that fixed term governments are essentially undemocratic, in that they remove power from the people, rather than the other way around. There has to be some way of ensuring that we don’t have continual disruption to the need of a government to govern, and it seems to me that the way all elections used to be, and elections in Queensland and nationally are still held is a suitable compromise - three year, non fixed terms with a compulsory MINIMUM term of office. The argument that governments need four years to implement their agenda is a cop out as is the argument that unpopular governments will not voluntarily go to the people. There a plenty of examples in Australia and elsewhere where governments have done just that - sometimes a desperate government sees an election in the terms of crash through or crash. If NSW had non fixed terms the situation where opposition parties in both houses are making the state ungovernable the Government would either be forced to the people or the Governor would be forced to intervene. When you look at the politics rather than the policy, the Libs are playing a very cunning game. In the end it’s the political game which matters to an opposition.

    • pete b says:

      08:31am | 06/07/09

      Good points John but we still want to hope * there is a viable choice/s when the election comes - however it comes. I once thought our democratic system was 100% better than communism, as we got to choose from 2 parties. Yay! Now I’m not so sure. If the major parties had to give 20% of their ‘political donation$’ to minor parties then maybe there could be 3 or 4 key parties. These donations currently bankroll, subsidise & encourage these factionally inbred, incompetent political organisations. In a world that preaches competition but loves duopolies & cartels (they are the profit making & power holy grail): Why do we support the democratic lowest common denominator ie only 2 parties (we could have 5 say),  that only serves the Lib/Labor dysfunctional duopoly?

    • Chris says:

      09:23am | 06/07/09

      Abolish State Governments - an out -dated level of “crap” from an era before Federation. I dont know what the answer is - but as a country - we are over goverened - Federal, State, Terrritory and Local - things need to change and change now. I would rather be goverened from a Federal and local level than to keep voting for incompetant boobs who belong to a certain political party who have lost the vision, drive, and more importantly, the desire to do whats right for the people that placed their trust in them.

    • darren says:

      09:29am | 06/07/09

      if NSW had 4 year terms as opposed to fixed 4 year terms the government would still wait till March next year before facing the voters - unless they saw a short term political advantage - the problem is not 4 year fixed terms it is the dearth of political talent in NSW - on both sides of the chamber

    • John says:

      10:03am | 06/07/09

      pete b,
      There is always a choice. Sometimes oppositions which seem to be as bad as the incumbent government shine when they gain the Treasury benches. If they don’t, then throw them out next time and keep doing same until one finds a government that performs. Deny them their parliamentary pensions! Chris, it is not possible to abolish state governments without a referendum to alter the Constitution and the chances of that succeeding are mine and Buckley’s. The only level of government that can be legislated out of existence is local.

    • Lexi says:

      10:11am | 06/07/09

      There’s an old adage that says ‘voters don’t vote governments in, they vote governments out’.

      This will deliver the Libs victory in March 2011.  It won’t necessarily deliver NSW better government. 

      I don’t think there’s any clear choice.  I just hope there’s some good independents around early in 2011.

    • Dave Wilson says:

      10:10am | 06/07/09

      Agreed that Labor’s backward obsession with building police states in NSW and SA. It’s the economy stupit! Especially when senior police estimate 8 billion dollars plus is leaving Australia per year. Read that again. See below link. And that isn’t Biker meth related -  that’s mafia money. Love to see toughguys Premier Rees and Premier Dubbya Rann take them on! Just for the fireworks and some decent television. Not going to happen…Economic rationalism anybody?
      http://www.abc.net.au/tv/fora/stories/2009/04/09/2539451.htm

    • Jeremy says:

      10:39am | 06/07/09

      What we need is the ability to recall the state government in a process that is similar to the process used to recall the governor of California in 2003.

      http://en.wikipedia.org/wiki/California_gubernatorial_recall_election,_2003

      It would put a lot more power in to the hands of voters, and provide the political accountability that is so incredibly lacking in NSW today. The current state government is an absolute disaster. I doubt the opposition would be much better, but at least an election would allow for some political bloodletting, and hopefully a better class of candidate next time around.

      I would also like to see a ban on government advertising for 3 months before an election. Let governments fight on their merits, not with our taxpayer dollars.

    • pete b says:

      12:07pm | 06/07/09

      John, there may be some truth in that but it sounds like faith based voting. Winces. Given NSWs drag on the economy I doubt other states want us playing russian roulette with two highly dysfunctional political parties. In a democracy we can do way better than that. Especially when the opposition leader ‘Humphrey B’ Barry O’Farrell (he gestures wildly but says nothing) will just give us the same bumbling NeoCon policies.

    • glory francis says:

      12:21pm | 07/07/09

      My fear would be the curcumstances as is at the present time, where leaders in power endevour to add more migrants to the population on the old addage that they will also get their votes and then rule the roost by stealth and deception,However the public at large must be able to sue and or punish the government when policies they have been voted in for, are not forth coming.And when as has been seen, the parliment has to be closed ,due to any of the same behavior as was witnessed recently.

    • Nick says:

      03:10pm | 16/01/11

      Barry O’Farrell is right. I quote,” 4 year fixed terms are OK. What we need is a system where a government is forced to call it quits earlier if it gets into trouble, something like the recall system in the US and change it so it could apply to a Westminister system.

    • Frankie says:

      03:30pm | 23/11/11

      Dag nbabit good stuff you whippersnappers!

 

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