The Prime Minister formally announced the new coalition government and its members today at Senate House. It confirmed what we already knew, that Senator the Honourable Heerlo was continuing on as Prime Minister for his second consecutive term.
However the government has started its term in disarray, with confusions over the constitutionality of changes in ministerial portfolios. Specifically whether the executive has the power to make changes to the types of ministerial portfolios or whether legislative action like the mooted
Ministerial Reform Act 1822 needs to be passed by the Senate first.
Constitutional law experts are divided in opinion and their views fall into two categories: the first, that as ministerial portfolios are part of the executive body the executive may make whatever changes it deems necessary without the consent of the chamber, and the second, that primary legislation must be passed before the executive can change it at will in the future. The Prime Minister and Deputy Prime Minister both appear to have fallen into the latter view of the law, and the Deputy Prime Minister, Senator the Honourable William Melda moved the
Ministerial Reform Act 1822 to be voted on by the Senate. However the Leader of the Pulian Advancement Party and author of the bill, Senator the Honourable Ernest Barnard appeared to have a legal view of the former option and felt the act of holding a vote was unnecessary because the government held an automatic majority of votes on the Senate floor.
Whatever the truth of the matter, the outcome is a foregone conclusion because the government will enact the changes by whichever method necessary. But that this confusion was aired publicly in the Senate chamber was an embarrassment and an inauspicious start to the government as it tries to start a new term afresh and with boldness.
Senator the Honourable Augustus, leader of the Pulian Imperial Party and the apparent Leader of the Opposition in the Senate expressed his disagreement of the new ministerial setup stating his belief that it was "extremely unnecessary" and accused the government of engaging in self-serving behaviour with the conversion of ministerial portfolios from something in the public interest into "fancy titles to buff up your resume". He believed it was bad policy and confirmed that a future Pulian Imperial Party government would "most definitely" reverse it, saying "these are not the types of policies that are needed in government now".
Senator Bazil, the other Opposition Senator, questioned the logic of separating the Intelligence responsibilities from the Foreign Relations portfolio "when both require knowledge of the other nations" as well as the apparent redundancy of the Economy portfolio and its subordination to the Foreign Relations, Infrastructure and Construction ministries. He argued the Prime Minister could in a general way oversee the financial authorisation of projects instead of merely being a figurehead in the new ministerial structure.
Apart from the furore and controversy, here is the official listing of the Second Heerlo ministry received from the Prime Minister's Office:
- Senator the Honourable Heerlo (PAU): Prime Minister of Pulias
- Senator the Honourable William Melda (PPP): Deputy Prime Minister of Pulias, Minister of Culture
- Senator the Honourable Ernest Barnard (PAU): Minister of Infrastructure, Minister of Economy
- Senator the Honourable Gustavus Gurra (PPP): Minister of Foreign Relations, Minister of Intelligence, Minister of Construction
- The Honourable Howard Stevenson (PAU): Minister of Defence, Minister of Science
So how does this match up with the rumours and predictions circling around the capital?
Senator Melda's appointment as Deputy Prime Minister was not surprising and was predicted. That he as a Pulias People's Party Senator received the cultural ministry was not terribly surprising and was predicted.
Senator Gurra's appointment as Foreign Relations was not surprising given that the PPP campaigned hard on international relations and therefore this was predicted. That he is also Minister of Intelligence was a surprise to many because most commentators, myself included, assumed the Pulian Advancement Union would take on that portfolio, and that he has also taken on the construction portfolio was surprising given Senator Barnard's comments about the types of ministerial responsibilities he would have in this term of government.
Senator Barnard's appointment as Minister of Infrastructure was expected, given comments he had made on the matter, and his allocation of the economy portfolio wasn't terribly surprising but couldn't be predicted as both parties had campaigned hard on the economy.
That the PAU received the defence ministry was not surprising given the PPP's absolutist stance on war, and the science ministry could have easily gone either way.
But the most surprising and controversial appointment to the Cabinet is Mister Howard Stevenson, or the Honourable Howard Stevenson as he will now be known, for becoming a Minister of the Crown without being an elected member of the Senate.
From a constitutional perspective this seems highly unusual and has raised more than a few eyebrows here in the capital. When I spoke with the Deputy Prime Minister, Senator the Honourable William Melda he appeared evasive, only going so far as to indicate his view that it must be constitutionally valid otherwise it could not have gone ahead. The Opposition Leader was more forthright, indicating his belief that sometimes this direction was justified and an indication of our meritocractic society. But his view on this matter can be seen to be slightly self-serving since he himself served as a minister in the First Heerlo ministry from outside the Senate chamber.
Legal or not, fair or otherwise, people are wondering how exactly an unelected Minister of the Crown will work in practice. Will the Honourable Howard Stevenson, as minister, propose measures that he cannot legally vote on in the Senate?
Find out more in my interview with the Deputy Prime Minister, Senator the Honourable Melda on page 2 and my interview with the presumed Leader of the Opposition, Senator the Honourable Augustus on page 4.