Sunday, August 10, 2008

How the “Grandfather Rule” trapped Copeland

Last week, we reported that State Member of Parliament Stuart Copeland was out on a broken limb now that his seat of Cunningham has been eliminated under Queensland’s redistribution. Stuart has been caught by the “Grandfather Rule” of the new Liberal National Party.

Here in response to many requests is an explanation of the Grandfather Rule”

Under the rules of the National Party (and all other political parties), whenever an election is due the party will call for nominations open to anyone to contest a preselection in any seat, including against a sitting Member of Parliament.

Following a redistribution, the National Party would call for nominations for the new seats, and should a seat have been abolished sitting MPs could contest any other seat.

This in some cases pitted sitting MPs against each other in preselections. For example, Di Macauley (sitting MP for Callide) versus Neville Harper (sitting MP for Auburn) for preselection for the seat of Callide following the 1991 redistribution when the seat of Auburn was abolished and amalgamated into Callide.

With the formation of the Liberal National Party (LNP), the newly adopted constitution has what is called a “Grandfather Rule” which automatically endorses all sitting MPs and Senators for the election immediately following the formation of the new Party. This means there will be no preselection contests for those seats for which there is a sitting MP.
What the Constitution says …
The constitution of the LNP states:
W 9 “Any Member who as at 27 July 2008 is a Member of the Australian or Queensland Parliament will for the purpose of the next election not be subject to a pre-selection Council for the seat that the Member currently holds. They shall have the ongoing endorsement of the Party for the purpose of the next election”.

Because of the redistribution there is a definition to determine who is the sitting MP. The constitution of the LNP states:

W 10 “If a redistribution changes the boundaries of a current State or Federal seat, the sitting Member will be entitled to claim the seat that contains 50.1% of the enrolments in the Member’s old seat and contest it as the sole candidate of the Party for that seat at the next State or Federal Election.”

On the draft boundaries released by the Redistribution Commission (final boundaries to be released August 22, 2008), Cunningham has been abolished and split three ways. The largest portion has been put into Toowoomba South, the next largest portion has been put into the proposed seat of Dalby, and the remainder into the seat of Southern Downs.

There is no proposed seat that has more than 50% of its electors from the old seat of Cunningham which means that, under the LNP definition, Stuart Copeland is not a sitting MP for any of the seats, so will not be endorsed Moreover he is unable to run for preselection against another MP who will be automatically endorsed should they wish to run