Legislative Council Reform.

Star (Christchurch), Issue 5283, 13 June 1895, Page 4

Legislative Council Reform.

(Lyttelton Times.)

The question of " mending or ending" the Upper Chambers of Colonial Legislatures is becoming quite as pressing as that of dealing with the English House of Lords. An Australian politician a few months ago committed himself to the prediction that ten years hence there will be no Second Chamber in any Australasia^ Colony. That is altogether too sweeping, but without running any risk of being accused of rashness, we may affirn* that the prophecy has a fair chance of fulfilment, unless in theory the powers of the Legislative Councils are materially curtailed, or unless in practice these powers are exercised with greater moderation and regard for the popular will. The Premier of Victoria some few weeks ago promised that

among the measures of the session now in progress . would be one to alter the Constitution, " so* that in quarrels between the two Bouses, the people should have the final 1 arbitrament." This seems to forecast, not the making of the popular Chamber " the predominant partner,." but rather some form of referendum in the event of conflict between the two branches of the Legislature.. And now we have the Premier of New South Wales pronouncing in favour of some such constitutional reform,

and declaring that if the will of the people should.be lodger thwarted, the second Chamber will be in danger.- The attitude of these two Premiers is fully justified by the recent action of the Upper Chambers in their respective colonies. Measures approved by the people and passed by their representatives have been cavalierly rejected by the Upper Chambers, whose policy of obstruction renders democratic progress impossible. In New South Wales the Legislative Council makes the further claim of • having power <to , amend money Bills. It asaertedvthat claim in December last, when it struck from the Appropriation Bill a vote of £216,400 foi> roads and br^ea. ., A crisU resulted, which was ended,; by the Council restoring the vote/?butjiit accompanied this action by a menage reasserting its right to deal with inoney Bills, except such as imposed taxation, and stating that it hattionly given way because, of the state of'pnbHc'tusihess. . " •■•" ' Ttoableß with the Upper Chambers are becoming chronic.* Three years ago the Legislative .... Council of Victoria struck > two money clauses out of a' taxation Bill, in direct violation of the Constitution. Last year both South, jAustralia and Queensland had conflicts with the Upper Chambers becaua© of ■• the reje^tioja^iiiieasurfis approved by the electqra. tfwh: + li^«.tr*3r«iai?- _ Acted wisely in the, 'matter ot passing popular legislation, but it has on former occasions been

guilty of attaining its . power of interference and provoking a crisis. The suWtitution: of seven years for life l nomination will— once the bilnnce of parties/,, in our Council is in some measure equalised — tend to bring the members of that' body into harmony with puWic opinion, and to lead to the smoother working of the legislative machine. liVe cannot Bay whether the Hon G. H. Beid has any idea of limiting the tenure of office of future appointees to the |Tew South t^t^i^puncU,; but he probably contemplates comprehensive, reforms, including a clear definition and strict ; limitation o£ the -•■ Council's rights with regard to money measures. No' colony that has a nominee Chamber !is likely to revert to the elective idea, for a second Chamber that holds office by right of election 1 is likely to be assertive and arrogant in its attitude, i domination of members for a limited; period, with the right of reappointment, appears to be the best basis for a second Chamber. If a Council ; sntinld repeatedly reject measures passed by the popular branch df the Legislature, there oagiht to be some provision for compelling its acqoiescenbe or retirement, such as is the Caße in South Australia. In that colony^slioutd the Upper House twice reject a Bill paased in the Lower House by an absolute majority, and; with a general election intervening between tke? two 'occasions; the Governor has power to dissolve the Council and send its members to their constituencies.

Such a rule would, of course, be inapplicable, to a nominated Chamber, but with theße, instead of the power of dissolution, there •■ should be an ap peal to the people by referendum, as to whether the view of the repre sentative body or of the nominated: one should be adopted. That is an amendment that might very well be made in the New Zealand Constitution Act. It would be thoroughly in accord with democratic principles, and it would do much to prevent ;

those ever-recurring conditions of deadlock and defeat of the peopled will. JPhe very knowledge that there; was tribunal ready to hand ta resolve all disagreements between the two Chambers, would make the Council chary of provoking a conflict. Arii other South Australian practice might with advantage be introduced for th£ regulation of relations between the ;two. branches of our Legislature!' Thit' is l practice, baeed upon &■ icpmp'aict between the two Houses; where, by ; .the .;.,- Council, is allowed to return impney Bills with: ''Bug'geeftiontf'! -j to the Lower House. :The, t ' latter i, Chamber either agrees ; or withf the Suggested 1 amendments, and there .need, be no .fuss'ortrbubie wh*teTer. This is a ipracticewhich is^ (salculated to promote amicable working and to recog. nise the ; trne f uri6tion r of an • Upper iHqusq a^ tha^of! .■*,* Chamber of Rsiview andrnot";as a, .legislative bod£ possessing jeo-relative powers with the popularly-elected body;' If ~ second. ChambVrsaretb Be continued in these' coloniei'-we^Te satisfied,: that their] constitution .and their practice mtist 1 be ; reformed 'in>the directions ind^, cated. ' fiyen^with all the safeguards, and lubricants' 'provided' in South' Australia, there was trouble last i$W sion witii ttie Council of that colony, because • (of i.its, .taking unwarranted liberties- fwith a : money Bill ; but, jthe, basic difficulty thetfe, -as in Viotoria* is in the fact" that the second Cham* ber is elected'by property-owners, and seems to consider itself bound to act in the interests of that class alone; With our nominated Council and the checks on its power that we have out-

lined, we should hare an almost ideal second Chamber.