plan to ban parliamentary prayer

New calls to ditch parliamentary prayer

MPs should stop beseeching God and start promising to work with honour and integrity at the opening of Federal Parliament, according to two legal academics.

Adding fuel to calls for Parliament to ditch its daily prayers, law lecturers Steven Tudor from La Trobe University and Gonzalo Villalta Puig from England's University of Hull, have proposed an alternative oath for the start of each sitting.

Their suggestion would allow MPs to choose to "pray or reflect" during a minute's silence.

The Speaker of the House of Representatives, Harry Jenkins, recently called for a public debate on the reading of the Lord's Prayer and parliamentary prayer at the opening of Parliament.

Dr Tudor said a law that forced government departments or state schools to begin their days with prayers would be overturned by the High Court for breaching the constitution.

But Parliament's prayers were part of a standing order and outside Commonwealth law.

"If Parliament cannot impose prayers on anyone else in Australia, it should not impose them upon its own members," Dr Tudor said.

Dr Tudor said while the issue was one of symbolism, it raised important questions about the separation of state and religion and religious freedom in Australia.

He said MPs who followed non-Christian religions or no religion were included in the `we' who "beseech Almighty God" at the beginning of each parliamentary working day.

"Because the Parliament is the premier institution of Australian democracy the way it treats or deals with religious questions sets the tone for the way Australia as a whole would address that issue," he said.

"It's a symbol but it's a very important one."

Dr Tudor said the proposed new opening, which would be followed by a minute's silence, was a first draft aimed at sparking wider debate.

"All stand. We, the members of this House, humbly recognise the solemn responsibility placed upon us by the sovereign people of Australia to work together for the peace, order and good government of this Commonwealth, and we resolve to perform our duty with honour and integrity," the opening would read.

"I now ask all members to remain standing and, in silence, to pray or reflect on our responsibilities to the people of Australia."

Dr Tudor and Dr Villalta Puig also supported an acknowledgement of the traditional indigenous owners of the land.

A spokesman for Prime Minister Kevin Rudd has defended the use of prayers in Parliament as a longstanding tradition that should remain.

But Dr Tudor said lethargy and MPs' conservative approach to procedure was to blame for the outdated practice.

He said a parliamentary discussion paper open to public contributions was the first step to change.

Dr Tudor said he believed many Australians would be surprised to know of the daily prayers, just as he had been five years ago when he happened to be listening to Parliament on the radio.

"I didn't quite believe it when I heard it... it was because of my surprise I first started investigating this" he said.