Chapter Ten: The Power to Influence Lawmaking

Question 1

Political party

Answer 1

An association of individuals with broadly similar ideological views who have a general aim to win seats in Parliamentand influence the lawmaking process. This is most effectively done by winning government.

Question 2

Major party

Answer 2

A political party that has a realistic chance of forming government. In Australia, the two major parties are the Australian Labor Party and the Liberal-National Coalition.

Question 3

Minor party

Answer 3

A political party that has enough support to regularly win a few seats in Parliament, but not enough to form government. In Australia, the Greens and the Nationals are examples of two minor parties.

Question 4

Micro party

Answer 4

A political party that may win a seat, but always have the risk of not winning any seats in Parliament. They may only win a single seat in Parliament for one term or never win a seat at all. Pauline Hanson’s One Nation and the Nick Xenophon team are examples of this.

Question 5

Preference Deal

Answer 5

A deal negotiated between two political parties in which they place their preferences on their own ‘how to vote cards’ higher for the opposite party, which gives both parties a better chance of gaining a seat when preferences are re-distributed.

Question 6

Pressure Groups

Answer 6

Pressure groups are an association of individuals with broadly similar views that focus on influencing law making through means other than winning seats in Parliament.

Question 7

Community Groups

Answer 7

Community groups are an association of individuals with broadly similar views that do not take steps to influence lawmaking.

Question 8

Sectional Pressure Groups

Answer 8

Sectional pressure groups are pressure groups that represent the self-interest of sections of the community, for example business and companies are represented by The Business Council of Australia, and mining companies are represented by The Minerals Council of Australia. They don’t represent the interests of Australia as a whole, only the section of society that they come from.

Question 9

Cause Pressure Groups

Answer 9

Cause pressure groups are motivated by principles, a particular aim or a movement which they perceive to be of benefit to the whole of society. They are altruistic in nature, attempting to influence lawmaking to the benefit of all of society. An example is the Australian Conservation Foundation, which supports environmental protection, and Recognize, which supports constitutional recognition of Aboriginal and Torres Strait Islanders and the removal of racist sections of the constitution.

Question 10

Hybrid Groups

Answer 10

Hybrid groups combine sectional and cause principles, both advocating for the interests for a certain section of society but also for policies which they believe will benefit all of society. An example includes the Australian Medical Association or AMA which advocates for the interests of the medical profession but also health interests for Australia as a whole.

Question 11

Peak Bodies

Answer 11

Peak bodies are a number of pressure groups that have unified to a certain extent to represent all their interests on a greater scale. This increases their power to influence lawmaking because they have access to more resource, and because many of the pressure groups are spread across the nation a focus on influencing Commonwealth legislation is often adopted. Examples of peak bodies include the Australian Council of Trade Unions.

Question 12

Insider Groups

Answer 12

Insider groups are core to government business, particularly government economic business, mostly being sectional pressure groups. They are well resourced usually from member fees and may employ their own staff and lawyers, who have offices close to Canberra. As a result governments often respect their advice, the Minerals Council of Australia for example is an insider group representing the interests of mining companies which are central to the Australian economy.

Question 13

Outsider Groups

Answer 13

Outsider groups represent causes or aims that are usually outside core government business, and as a result governments don’t pay as much attention to them. They usually suffer from a lack of funding and a reliance on time and money from volunteers, the structure of the organizations is also very ‘flat’ with only one or two executives. The Australian Marriage Equality groups are outsider groups that have become prominent in recent Australian history.

Question 14

Pluralist Democracy

Answer 14

A perspective on the operation of pressure groups within society, with the view that the number of different and active pressure groups allows a multitude of opinions to be expressed within society. The Parliament however is the only elected and representative body, which means that Parliament acts as an arbitrator between these groups, picking the most desired and best outcomes from the campaigning of all pressure groups, which ultimately benefits society.

Question 15

Corporatist Democracy

Answer 15

A perspective on pressure groups which considers them detrimental to the operation of democracy within a society. So called ‘corporatist’ insider pressure groups only represent the interests of the wealthy corporate society, and they are best able to influence government and lawmaking through lobbying. Government thus acts on the whims of a small section of society and therefore the operation of democracy is distorted.

Question 16

Why is the ability to influence law making a significant principle in a modern democracy?

Answer 16

In a modern democracy, the people delegate their sovereignty to politicians to elections, and these politicians are held accountable by the people through regular elections. This is one of the key principles of the Westminster Chain of Accountability, but another facet of the Westminster Chain of Accountability is political participation, and this can extend beyond just voting in elections. Citizens of a liberal democracy are entitled to have a more active role in politics, attempting to influence law making in a number of ways. Thus, increased political participation beyond just voting allows for a higher accountability on government, which is one of the key principles of a Liberal democracy.

Question 17

Why are individuals usually not influential in law making?

Answer 17

Individuals are not usually influential in law-making for several reasons.
• They lack the resources, mostly money and time
• They lack access to key decision makers and policy influencers such as government ministers
• They lack organizational support and coordination, they are on their own

Question 18

Give two examples of an individual that was able to influence law making

Answer 18

• Ronald Williams is a Queensland father of six who did not appreciate the government being able to promote religion in government schools through the funding of school chaplains. In 2012, he challenged the Gillard government citing that they did not have power to fund school chaplains under section 61 of the constitution which is what they were doing at the time. Williams won the case, but the Abbot government when elected decided to fund the programs through section 51(xxiiiA) of the constitution by amending an act that had been passed in 1997. Williams again challenged the government, this time citing that the government did not have the right to fund school chaplains under section 51. Williams won yet again, now having beaten the government in the High Court twice. Williams success can be owed to his perseverance and the financial support he received from like-minded parents, he is an example of someone who was able to influence lawmaking significantly.
• David Manne is a human rights lawyer and migration officer, who has had a history of working with and assisting migrants and refugees for the past 20 years. He has led a number of important human rights related cases against the government including Plaintiff M61, challenging the governments offshore processing regime in Australia and Plaintiff M70 which challenged the legality of the Malaysian solution. David Manne can owe his success to his skill as a lawyer as well as his moral motivation and the backing of important human rights awareness groups. Due to these factors, he has had a significant impact on the way that the 1958 Migration Act is interpreted.

Question 19

When are independent members of Parliament fairly significant in influencing the lawmaking process?

Answer 19

The influence of independent members is particularly strong in a minority government. In a minority government, the major party relies on the support of the independents in order to maintain government, meaning that independents can force through part of their own legislative agenda. This was the case in 2010, when the Gillard minority government relied on the support of independent members Tony Windsor, Andrew Wilkie and Rob Oakshot. Rob Oakshot and Tony Windsor both represented rural electorates, and as a result the Gillard government committed faster broadband and better water management in the Murray Darling river system to secure the support of these rural independents. Andrew Wilkie was to influence the Gillard government to reform gambling laws despite fierce opposition from business. The success of this was short lived however, when Peter Slipper became speaker of the house and Gillard got another member back she no longer relied on Andrew Wilkie and dropped his gambling reforms.

Question 20

What are the factors that make an individual successful in being able to influence law making?

Answer 20

The factors that lead to an individual being successful in law making are:
• The individual has their own resources (Clive Palmer)
• The individual is an independent or has a position of power within the Parliament
• The individual is persistent (Ronald Williams)
• The individual has skills or backing from a powerful pressure group (David Manne)
• The individual has a public profile (Antony Green)

Question 21

What is the biggest factor that gives a party the most influence over Parliamentary law making?

Answer 21

The biggest factor that allows a party the most influence over lawmaking is being able to form government. This ensures dominance in the House of Representatives and thus allows that party to control the legislative agenda.

Question 22

How can being the junior party in a coalition allow a party to influence lawmaking?

Answer 22

The Nationals are a minor party in coalition with the Liberal party, and as such they have a significant influence of lawmaking when the coalition forms government, especially when the government is held by a slim majority. In 2015, the Nationals were able to unite with the right of the Abbott government in order to prevent the debate of marriage equality laws. In 2015, they also forced Malcolm Turnbull to keep many of the same Liberal policies what were developed under the Turnbull government.

Question 23

Give examples of how being a minor party with the balance of power in the senate allows a party to influence lawmaking

Answer 23

A minor party will have the balance of power if they in combination with the opposition or the government have the power to pass or fail bills. This gives them discretion on which legislation they may want to pass through Parliament and which legislation they may want to fail. The Australian Democrats held this power from 1984-2005 with the GST being the bill they had the most influence on. The Australian Greens are the modern party who often can tip the balance for or against a bill, such as in 2016 when the Greens voted with the government to pass the electoral amendment bill to repair the Senate voting system prior to the 2016 double dissolution election.

Question 24

How can the opposition party influence lawmaking?

Answer 24

The opposition party has a significant power in influencing lawmaking in the Senate. Being the party that will always have the second largest number of seats, if they can convince a minor party or parties to vote with them they can block government legislation in the Senate. The ALP was successful in blocking the mining and carbon tax repeals in 2014, however the opposition relies on the support of minor parties, and if they cannot receive this then their power to influence lawmaking is significantly weakened.

Question 25

How can micro parties influence the law-making process?

Answer 25

Micro-parties seldom have any success in influencing the law-making process, largely due to their limited influence in Parliament itself. The large majority of micro parties will not be elected to Parliament, however there are exceptions, such as Ricky Muir’s motoring enthusiasts party which won a seat in the 2013 Senate election. Even when elected, micro parties often lack strong organisational support and leadership which leads to tension within the party and defections, Palmer United for instance suffered defections from all but one of its Senators after the 2013 election, and in 2016 election no candidates were successful in re-election. Before the 2016 Senate electoral reforms, micro parties could make us of ‘preference whispering’ to increase the chance of a micro party candidate being elected to the Senate, however this issue was virtually quashed by the voting reforms. Preference deals are also an avenue by which micro parties can increase their influence, although they are not always successful, one nation’s preference deal with the WA Liberal Party in the 2016 WA state election for example led to number of voters withdrawing their support for both parties.

Question 26

What are the ways that parties can influence the lawmaking process once they are elected to Parliament?

Answer 26

• Introducing Bills, any member of the house may propose a bill which is called a private members bill if not proposed by the government. In 2016 for example, Bill Shorten introduced an amendment to the Marriage Act 1961 to allow for gay marriage, and although the bill was removed from the notice paper after the second reading stage it still put pressure on the government to address the issue and gained media attention.
• Debating Bills, all members have the opportunity to debate legislation in both houses, although executive dominance and gag and guillotine motions can limit debate in the House. Debate in the Senate however is more diverse due to often a lack in executive dominance, for instance in 2016 the Greens were able to introduce a significant level of debate before the passing of the Electoral Amendment Act.
• Seeking amendments to Bills within committees, within committees in both the House of Representatives and the Senate, there are stages in which members can propose amendments to bills and the bill itself is analysed line by line. The less adversarial atmosphere of committees means that even minor party Senators can still have a significant impact on lawmaking.
• Participating in the eight Senate legislation committees, the eight main Senate legislation committees are the most significant way in which individuals can influence the lawmaking process. All bills in the eight main policy areas pass through these committees to be scrutinised in detail, and cooperation between members of different parties is often observed.
• Voting on Bills, every member obviously has the right to vote on a bill, although their vote may not matter in every instance. Votes are recorded when someone calls for a division.

Question 27

How can parties can influence lawmaking through the High Court?

Answer 27

Political parties can influence lawmaking through the High Court, although it is very rare. In 2016 Senator Bob Day from the Family First party challenged the 2016 Electoral Amendment Act in order to prevent micro parties from losing influence in the Senate, but this challenge was defeated by the High Court. In 1950 when the Menzies government tried to pass a law which issued the dissolvement of the Communist Party, the Communist party challenged this law in the High Court which was ruled ultra vires in 1951.

Question 28

What ways can pressure groups influence lawmaking?

Answer 28

Pressure groups can influence lawmaking in a number of different ways.
• Lobbying the government and government ministers
• Submitting to Parliament
• Taking direct action
• Using the courts
• Advertising through the media
• Raising donations for political parties

Question 29

Explain how direct lobbying works and its effectiveness at influencing lawmaking

Answer 29

Direct lobbying is when individuals representing pressure groups make communication with law-makers who are government ministers. Lobbyists are often ex-government ministers who retain their connections to the government or the political system, and as a result governments are forced to listen to them. Throughout the period of the Gillard Government, Clubs Australia lobbied the government in an attempt to cancel the introduction of anti-gambling reforms that were being proposed by independent Andrew Wilkie. The Gillard Government relied on the support of Andrew Wilkie to maintain their Parliamentary majority, but in 2012 the return of the Labor Party speaker in substitute for Peter Slipper meant that the Gillard Government no longer needed to rely on the support of Andrew Wilikie, and caved into the pressure of the Lobbyists from Clubs Australia.

Question 30

Explain how Parliamentary submissions from pressure groups can influence lawmaking

Answer 30

Many pressure groups often take the opportunity to make submissions to Parliament when they have the chance. Submissions are a statement or argument that seeks to influence a particular lawmaking process, often when committees carry out inquiries they will receive several submissions from relevant pressure groups. For example, in 2013 the Joint Committee on Human Rights launched an inquiry into Australia’s legislation on migration, an inquiry which received several submissions from pressure groups including the Global Human Rights Clinic, the St Vincent de Paul Society, the Law Institute of Victoria and the Refugee & Immigration Legal Centre. The inquiry ended up delivering a report which highlighted several instances of human rights at risk, which can be owed a significant extent to the Parliamentary submissions that were made by these different pressure groups.

Question 31

Explain how direct action from pressure groups can influence lawmaking

Answer 31

Direct action refers to some sort of physical action such as street marching and picketing. Direct action is inexpensive, but relying on the commitment of in some cases several thousand people. When it does occur, it causes significant media attention and as a result puts pressure on the government. Outsider groups often use direct action due to its low cost and high profile nature, in 2014 for example a small number of Christian protesters occupied the office of the Foreign Minister Julia Bishop, in order to highlight the opposition to Australia’s policy of detaining children in offshore detention centres.

Question 32

Explain how action through the courts can allow a pressure group to influence lawmaking

Answer 32

Court action is expensive, and as a result it is only usually conducted by insider or sectional pressure groups who have access to the necessary funds. In recent times, however, methods such as crowdfunding have allowed smaller pressure groups to pursue court action. For instance, in 2017 the pressure group Getup raised funds online to assist in challenging the governments postal plebiscite on gay marriage. Although the High Court ruled that the plebiscite was allowed, Getup still had an important role in lawmaking by challenging the constitutional validity of the law.

Question 33

Explain how advertising can allow a pressure group to influence lawmaking

Answer 33

Advertising through the media is the traditional way that insider and sectional pressure groups influence lawmaking, usually through print, radio and television which are expensive advertisements that these pressure groups can afford. An example is the Minerals Council of Australia which ran a $26 million-dollar television and media campaign to oppose the proposed Resources Super Profit Tax planned by the Rudd Government. This eventually led to the Gillard Government adopting a less harsh tax in 2011 which collected almost no money from the mining companies. More contemporary cause and outsider pressure groups often use the internet as advertising, including advertisements through email and Facebook which are cheap and have the ability to reach a large number of people in a specific demographic.

Question 34

What compromise is there between the ‘plural democracy’ and ‘corporatist democracy’ perspectives on pressure groups?

Answer 34

In reality, Australia shows evidence of both plural democracy and corporatist democracy in practice. Insider and sectional groups such as the Mineral Council of Australia and peak bodies such as the Australian Council of Trade Unions have significant influence through extensive advertising campaigns and lobbying, however their influence can be overstated. Governments at the end of the day are sovereign and have the power to make the final decisions that they think will better the Australian people, or perhaps more cynically that will increase their chances of being re-elected. Plural democracy also suffers at the hand of underfunded cause and outsider pressure groups which struggle to remain significant, however some are very successful and have embraced new means such as the pressure group Getup.