Defeated Butler faces threat of woman taking his consolation prize

Labor’s affirmative action rules mean that Mark Butler will most likely loose his place as vice-president to a woman senator.

Labor climate change and energy spokesman Mark Butler. Picture: Zak Simmonds

Mark Butler is not having a good month. He failed to be re-elected as Labor’s national president. Then his seat of Port Adelaide was abolished in a redistribution. Now his election as vice-president could be invalid due to the party’s affirmative action rules.

The election of former treasurer Wayne Swan as national president meant those who polled second and third in the ballot, Mr Butler and union official Mich-Elle Myers, were automatically elected as vice-presidents.

It means only a third of the ­positions are held by women. But Labor’s affirmative action rules state that women must occupy at least 40 per cent of office bearers elected in a single ballot. To reach the minimum 40 per cent, the party must make Queensland senator Claire Moore vice-president. Senator Moore polled fourth in the presidential election.

Mr Butler, opposition spokesman on climate and energy, is a strong supporter of the affirmative action rules. “All positions within the Labor Party, whether it is executives, ministries, or shadow ministries, these multi-member positions or groups within the party, have to be elected in accordance with the party’s affirmative action rules,” he said on Sunday.

Senior Labor figures insist the rules are clear. “The ALP is committed to men and women in the party working in equal partnership,” one said. “It is our objective to have 50 per cent women at all levels in the party organisation and in public office positions the party holds.”

While gender equality remains an objective, rule 19(a) states that as of July 26, 2015, the “minimum” is 40 per cent women in elected party organisation roles. This will increase to 45 per cent in 2022 and to 50 per cent in 2025. Rule 19(b) clarifies the 40 per cent minimum applies to the election of national president and vice-presidents, which is conducted in a rank-and-file ballot on a national basis.

“For all party and office bearer positions (other than public office preselections and party employees), appointed or elected on a statewide or national basis, where three or more positions are to be elected or appointed, at least the minimum percentage of the positions must be filled by women,” the rule states. ­Mr Swan won the presidency with 46.94 per cent of the vote to Mr Butler’s 37.69 per cent. Ms Myers received 10.92 per cent.

Mr Butler and Ms Myers were declared elected as vice-presidents. Senator Moore received 4.43 per cent of the vote.

Meanwhile, Ed Husic, opposition employment services spokesman, backed Bill Shorten’s push for “another talented woman” to replace the retiring Kate Ellis in the seat of Adelaide.

“A woman would probably need to take that spot, which is ­absolutely right,” Mr Husic told Sky News yesterday. “That doesn’t mean that Mark loses out, it just means that we’ll have to find some way to accommodate him.”

Mr Butler, a left-aligned powerbroker, is considering “all options” in his search for a new seat after the AEC upheld its draft decision to abolish his seat of Port Adelaide.

One scenario is that Mr Butler would take neighbouring Hindmarsh from his factional colleague Steve Georganas, who would move to the Senate. But it is understood the left has already promised a Senate position to Mr Butler’s former chief of staff Karen Grogan, now deputy chief of staff to state Labor leader Peter Malinauskas.

There is a growing expectation that Labor’s national executive may have to intervene to avert a messy preselection battle between Mr Butler and Mr Georganas if they cannot reach an amicable deal.