Additional comments by Senator David Pocock

1.1I am grateful to the Joint Standing Committee on the National Capital and External Territories for conducting this in-depth and much needed inquiry into local governance on Norfolk Island. I would like to thank the Chair, Alicia Payne MP, and all members of the committee for the way they have engaged in the inquiry.

1.2I would like to thank the Norfolk Island community for the very generous way they engaged with this process, considering the number of inquiries they have been subjected to in the past and the democracy deficit they have faced in recent years.

1.3The people of Norfolk Island are a distinct and separate community with very different needs and aspirations to those of the Australian community. Norfolk Islanders, and particularly Norfolk Islanders of Pitcairn descent, are a culturally, linguistically and ethnically distinct group. They are proud of their Polynesian heritage and this deep cultural influence is held dearly by the community.

1.4From my visits and interactions, it is clear to me that most Norfolk Islanders have a strong connection to their island, including its unique environment, flora and fauna, land and sea. The interactions of Norfolk Islanders with the island itself informs their cultural identity.

1.5From all of my interactions with the Norfolk Island community as one of their Parliamentary representatives, I have noted with admiration their community spirit and culture of mutual aid and support for one another in the face of significant adversity. I wish to thank Norfolk Islanders for the warm welcome, support and enthusiasm with which they have embraced both myself and my team each time I have visited, and I commend their community spirit and social cohesion.

1.6Norfolk Islanders understandably wish to safeguard their unique identity and culture. It is my view that this commendable desire should be respected by the Commonwealth of Australia.

1.7While there were some mentions of divisions on the island in the Committee’s report, this is not unusual for any community. I do not believe this should be dwelt upon. It is my hope that the Committee’s report will provide a way forward for the Commonwealth to value Norfolk Islanders, restore their democracy and self-determination. This report and its recommendations can serve as the basis for Norfolk Islanders and the Commonwealth Government to move forward in a partnership based on mutual respect.

Recommendation 1: Legislate the Preamble following the restoration of democracy.

1.8The Preamble to the Norfolk Island Act is important to the people of Norfolk Island. I have heard about its removal from legislation in 2015 causing immense distress to the Norfolk Island community, and importantly to the Norfolk Island Council of Elders.

1.9The Preamble as it previously existed carefully explained the purpose of the Act, documented the culturally, linguistically and ethnically distinct nature of the Norfolk Island people, affirmed their history and connections to Pitcairn Island and the evolution of their unique culture. It outlined the community’s aspirations for the future.

1.10I wholeheartedly support the reinstatement of the Preamble at the earliest opportunity, and agree that this could form a suitable vehicle to define the relationship between Norfolk Island and the Commonwealth of Australia into the future.

1.11The Norfolk Island community deserve certainty in their relationship with the Commonwealth, and protection from future infringements on their democratic rights. This is particularly important given repeated attempts to infringe upon these rights over the years, culminating in their recent almost complete loss of democratic representation.

1.12Given the importance of this task and its future implications, the Norfolk Island community must have the opportunity to negotiate this relationship as equals. They must be equipped with the resources they need to undertake any negotiations that might be necessary to ensure the Preamble reflects their needs and aspirations.

1.13I welcomed the establishment of the Norfolk Island Governance Committee (NIGC), and was heartened by the calibre, expertise and community support held by its democratically elected members.

1.14I encourage the NIGC to commence work on the reinstatement of Preamble, and the necessary consultations with the broader Norfolk Island community.

1.15While I share the view that the Norfolk Island Governance Committee is an appropriate vehicle to commence this work, I believe that a new version of the Preamble that sets out the future relationship should not be affirmed and legislated until such time as the new democratically elected governing body is in place and can vote in approval of the Preamble.

1.16I acknowledge that this approach may slightly delay the reinstatement of the Preamble, and that it may require a second amendment to the Norfolk Island Act after the establishment of a new governing body. However, given the importance of the Preamble to the community and its future implications, I recommend that it is only formalised after democracy is restored.

Recommendation 2: Democratic representation and capacity building support for governance.

1.17I commend the committee for recommending that the people of Norfolk Island have their democratic rights restored as a matter of urgency. It is my recommendation that a clear majority of positions on any new governing body are democratically elected, with a minimum of 5 elected and 2 appointed positions.

1.18While I understand the importance of ensuring that the elected members are supported by colleagues who have administrative and governance expertise, it is critical that any new governing body is able to make decisions by clear majority. The body must not be composed in such a way that risks it becoming gridlocked.

1.19There is an important role for the Australian government to provide capacity-building assistance to the community of Norfolk Island to support their ability to self-govern into the future. This should include the provision of the assistance, resources and support that is necessary to build their governance capacity.

1.20I offer these comments and recommendations in the spirit of support and assistance, and with thanks to the Norfolk Island community for engaging with this Inquiry. It is my view that ultimately it is a matter for the people of Norfolk Island to determine their future and the governance framework that is right for them.

Senator David Pocock

Independent Senator for the Australian Capital Territory