The Government’s amendment to the Flags Act, before the Parliament this week, is pointless grandstanding. The amendment states that no changes can be made to the Australian flag without a referendum. At present the flag could be changed by a simple amendment to the Act.
The grandstanding is pointless on two grounds. First, there is nothing technically to stop a future Parliament first repealing the new amendment that requires a referendum and then enacting a simple change to the Flags Act to change the flag. Unless the Government’s referendum-first provision is somehow locked in, it carries no more force than any other repealable piece of legislation. There is a simple piece of constitutional theory that says Parliament is, subject to the Constitution, sovereign and no Parliament can bind future Parliaments. If the Government wants to ensure there must be a referendum before the flag is changed it would have to entrench the existing flag by referendum in the Constitution. It would be a complete waste of money. Besides, it might not pass.
Secondly, all political parties in the Parliament are committed to the principle that there should be a referendum before the flag is changed.
The Government should not think that the likely unanimous support for its amendment means that Australians overwhelmingly support the existing flag. To the contrary, opinion polls suggest that more than 40 per cent want a change. That figure would probably rise is a suitable design could be found. In the meantime, the grandstanding will continue.