News

    Gilmore MP trashes Constitution and constituents: 100,000 voters risk being voiceless in Parliament

    Ursula Stephens posted Wednesday, 25 January 2012

    Duty Senator for Gilmore Ursula Stephens today condemned a decision by Liberal MP Joanna Gash to cling to her Federal seat of Gilmore while running for Shoalhaven Mayor, saying it trashed the Constitution and would leave 100,000 voters without a voice on national affairs.

    Today’s (25/1/12) South Coast Register reports plans by Ms Gash to stay on as a Federal Liberal MP even if elected as an “independent” to Shoalhaven Council this September.

    Section 44 of the Constitution prevents a Federal MP from attending Parliament while holding a separate “office of profit under the Crown,” such as being a local Councillor.

    If elected to council, Ms Gash could potentially retain her Federal seat but no longer be able to enter Parliament to vote, ask questions or make speeches on national issues.

    “If Joanna wins a Council position in September, she could be constitutionally barred from entering the House of Representatives and representing Gilmore voters,” Senator Stephens said.

    “That would mean from September this year until the Federal election in 2013, the people of Gilmore would have no voice in Federal affairs.

    “It would mean no one in Federal Parliament would argue their case on pensions, jobs, the environment, or defence. There would be no elected member to put the views of Gilmore residents to Ministers on the floor of the Parliament.

    “There are 100,000 people in Gilmore, and they deserve to be heard on the Federal political stage. Instead they might be silenced from September, if Joanna Gash jumps to Council without quitting her Federal job.

    “Joanna has been a hard-working MP over the years, but Parliament is too important to be treated as a retirement home. The member for Gilmore is welcome to run for Shoalhaven Council, but she needs to resign her Federal seat first.”

    Senator Stephens said it was regrettable the Liberal MP chose to make her announcement the day before Australia Day, which was supposed to be a celebration of our national symbols.

    “We’re less than 24 hours from our national day, yet Joanna Gash picks today to challenge our national symbols,” Senator Stephens said.

    “On January 26 we’ll celebrate the Constitution that made this country what it is today. But today, we’ve got a Liberal MP who thinks breaching that Constitution is a fine political ploy.

    “Tony Abbott must be pulling his hair out that a Liberal backbencher would choose today of all days to make this announcement. He needs to pull her into line and make her resign from Gilmore.

    “It’s fine that Joanna wants to jump ship. But for the sake of Gilmore families, and for the Australian Constitution, she should jump from Federal Parliament first.”

    S44 of the Australian Constitution: Any person who -
    (i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power: or
    (ii.) Is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or
    (iii.) Is an undischarged bankrupt or insolvent: or
    (iv.) Holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: or
    (v.) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:
    shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.