Territories Minister Wilson Tuckey is upsetting local MLAs, particularly Chief Minister Jon Stanhope and Greens MLA Kerrie Tucker over land releases, roads and the size of the Legislative Assembly.
Tuckey is opposed to increasing the Legislative Assembly from its present 17 members. He is opposed to Planning Minister Simon Corbell’s western option for Gungahlin Drive because it will upset the Australian Institute of Sport.
Stanhope is also upset at Federal intervention over the V8 race – with the National Capital Authority vetoing earlier moves to change its date from mid-winter to improve attendances.
It requires a change to Commonwealth law – the Australian Capital Territory Self-Government Act – before the Assembly can be increased. The Commonwealth could block any increase; increase it in accordance with an Assembly request to a specific new size; or allow the Assembly to determine its own size. In addition the Assembly has to pass legislation if is size is to be increased. And if the increase in any way offends the Hare-Clark principle approved in the 1996 referendum, the Assembly has to approve the increase by a two-thirds majority or a simple majority plus a referendum
Labor wants an increase to 23 with four electorates of 6, 6, 6 and 5. That offends the Hare-Clark principle of an odd number of members in each electorate and would require a two-thirds vote. The Liberals, Greens and Democrats want an increase to 21 with three electorates of seven each. That would not offend the Hare-Clark principles and would require only a simple majority.
If Labor moves for an increase of 23, the Liberals, Greens and Democrats could amend the Bill to request the Federal Parliament to increase to 21.
Tuckey could just refuse to act on that request. That would reinforce Tucker’s and Stanhope’s accusation that he is being dictatorial.
Stanhope is also critical of the federal government selling ACT land directly at auction rather than handing it to the ACT to schedule land releases in an orderly way.
Tuckey is within his legal rights. The federal Constitution provides that the Commonwealth Parliament has the power to make laws with respect to the territories. It could abolish the Assembly if it wanted. As Canberra is the national capital the federal government clearly has a role – particularly in the central national area, the main trunk routes and some overall standards. But entering the fray with land releases and determining the size of the local assembly invites the accusation of riding roughshod over the views of the ACT’s elected representatives.