ABC
Debate over Wik 10-Point Plan re-ignites

 The World Today - Monday, August30, 199912:48

 COMPERE: Just when you might have thought the great
 race debate in Australia is receding, with a preamble in the
 wings and at least an effort by the Prime Minister to if not
 say sorry, express his Government's regret over past
 misdeeds, but in the next few days it appears the debate
 over the Wik 10-point plan will be back on the agenda again
 with a vengeance.

 According to our chief political correspondent Matt Peacock,
 when Senator Brian Harradine signed off on the Prime
 Minister's offer earlier this year before he retired from the
 Senate it was a actually a sting in the tail which has now
 come back to haunt the Government. Matt Peacock joins us
 in Canberra. Matt, tell is about the 10-point plan and it being
 back on the table. What is going on?

 MATT PEACOCK: Well, John, I should - just a quick
 correction. Brian Harradine didn't actually retire from the
 Senate, but he's ceased to be - he's now the feather duster,
 as he would call it. He's no longer holding the balance of
 power because that of course transferred to the Democrats.
 But the sting in the tail that he included in his deal with the
 Prime Minister over the 10-point plan which if you recall
 became around about an eight-and-a-half-point plan by the
 time the Prime Minister had sort of watered it down to
 Senator Harradine's satisfaction, there was also a little
 clause in it over that very vexed subject of pastoral leases
 and the right to negotiate as you'll recall between the
 traditional owners in an area where say a cattle operator or
 whatever who held a pastoral lease would have to deal with
 those traditional owners if they wanted to develop the land
 or do other things to it.

 And that sting in the tail was that Mr Howard had conceived
 that this would all be organised and arranged and dealt with
 by state legislation and state tribunals - some would say
 putting Dracula in charge of the blood bank. Certainly that
 was what the Labor Party used to say. And now of course
 one of those rather more notorious Draculas has turned up
 on the doorstep - none other than the Northern Territory
 Government - with its legislation all ready to go.

 Now, the Northern Territory itself has gone to great lengths
 to persuade everybody that it's not interested in its
 performance of the past that the Labor Party and others -
 indigenous leaders and others have been so critical of, that
 it's actually made quite a number of concessions. But the
 trick that Senator Harradine left in this legislation was that
 the state legislation has to be approved by the Senate. It's
 what's known as a disallowable instrument. If the Senate
 doesn't like it, then bad luck, it doesn't happen, and what
 you're left with the is the original Commonwealth legislation
 a la Paul Keating.

 The Northern Territory Government is the first cab off the
 rank, and we now have a different Senate - the Senate that
 is dominated by the Democrats. The Democrats held their
 first big discussion in the party room today - held their first
 meeting, and whilst they've yet to reach a decision, I'm pretty
 certain that the Democrats won't be accepting the Northern
 Territory's legislation unless they can get some changes,
 because what they're concerned about is that if they do
 accept what they think is not a bad piece of legislation now,
 they're concerned that later the NT could change the
 legislation; it wouldn't have to come back to the Senate. So
 they've asked the Federal Government either to amend its
 Native Title Act so that any other changes to what they
 might approve now if the NT Government later decided to
 change that legislation, it too would then have to come back
 and be approved by the Commonwealth Senate. And either
 they do that or bad luck - the NT amendments are not going
 to get up.

 There are a couple of other alternatives proposals being
 touted by indigenous groups - for example the idea of those
 sort of regional agreements that were the thing that
 indigenous working groups and others were pushing back
 during the Wik debate where they can somehow stitch up an
 agreement between the governments and the indigenous
 bodies. So there are a few other models being talked about.
 But my money is that the Democrats certainly aren't going to
 budge on this. The interesting thing is that after the NT
 legislation of course the next cab off the rank is Mr Beattie's
 Queensland Government, which is a Labor controlled
 government, and it'll be fascinating to see what position the
 Labor Party will take on this as well.

 COMPERE: Matt Peacock bringing us up to date on that
 extraordinary development in the Wik 10-point plan
 legislation coming back from the Northern Territory.

© 1999 Australian Broadcasting Corporation

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