Advance Summary
1. This article presents an analysis of voting patterns in the Legislative Council (the upper house of Tasmanian Parliament) based on contested divisions since the last Lower House election in 2010.
2. This article confirms that voting on such issues in the Legislative Council is quite independent, individual and often unpredictable. Clusters of members with similar views are few and relatively weak.
3. Despite this, the Legislative Council has a "conservative" lean with all members bar possibly one voting to the right of the sole Labor MLC, Craig Farrell.
4. Furthermore, six members of the Council have occupied positions to the right of the sole Liberal MLC, Vanessa Goodwin.
5. Ivan Dean has been the most "conservative" MLC during this period, with either Farrell or Rob Valentine (very limited data available for Valentine) at the other end of the scale.
6. The voting pattern on contentious issues alone is not a fair reflection of the full behaviour of the Council. Nonetheless it shows that the LegCo can be expected to, from time to time, behave very conservatively on major issues.
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In my previous article I looked at the
Legislative Council's claimed reasons for rejecting same-sex marriage (at least in the form of the state-based Same-Sex Marriage Bill 2011). And in another recent article I looked at
voting patterns in the Tasmanian Lower House. When an excerpt from the latter article was posted on TT, the following was posted under (or actually above!) the name of Tony Mulder, MLC for Rumney, who may not have been aware that I no longer post on TT:
"Where democracy on the floor really works is the LegCo where the outcome
on any issue is always unknown. The fact that the back room deals
occasionally fail on the floor of the LegCo should have democrats
applauding. Instead there are perpetual calls to abandon it because some
don’t like the decisions! Can’t have cake and eat it!! How about
analysing the number of times the LegCo supports the government and
opposition’s position and determine whether the LegCo is really the
house of obstruction as claimed."
After that, I just couldn't resist having a look at voting patterns in the Legislative Council, to see what it tells us about the orientation of the Council, whether voting there on contentious votes is predictable, and how "independent" the house of review actually is. I will note though that the last part of Mulder's assignment didn't greatly interest me, partly because it would actually take a
lot of work to match up all the bills, but mainly because I think it's well known that the LegCo only rarely blocks legislation that passes the House. Even in the current situation, in which there is a minority government in the Lower House which is
facing heavy defeat in 2014 based on current polling and which is often argued to lack a mandate because of the circumstances of its formation, the number of bills that are outright knocked back (as opposed to amended) is not great. The LegCo has a strategic balancing act to play: it has great power, but it has to use it cautiously. Too-frequent use of that power to veto government bills would lead to widespread criticism of members as closet Liberals, greater public concern about just how powerful the LegCo is, and a greater risk of election defeat for incumbents.
What I've decided to look at, therefore, is the voting patterns on the floor of the LegCo on those motions that are sufficiently divisive that a division is required and the results of a vote recorded. Again I've used the Parliament of Tasmania Hansard search engine, and I'm only looking at contested votes since the state Lower House election in 2010 created a Labor-Green coalition government.