Page 1303 - Week 07 - Thursday, 24 August 1989
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Thursday, 24 August 1989
________________________
MR SPEAKER (Mr Prowse) took the chair at 10.30 am and read the prayer.
ASSEMBLY BUSINESS - PRECEDENCE
Motion (by Mr Whalan) agreed to:
That order of the day No. 4, Assembly business, have precedence and be called on forthwith.
POLICE OFFENCES (AMENDMENT) BILL 1989 [No. 2]
Debate resumed from 22 August 1989, on motion by Mr Stefaniak:
That this Bill be agreed to in principle.
MS FOLLETT (Chief Minister) (10.31): I would like to commence my remarks on the draft Bill by thanking members of the select committee for the work that they did in examining the Police Offences (Amendment) Bill 1989. They obviously undertook quite a range of consultations. I believe that was entirely necessary, as this issue is one which has generated a large degree of interest and, indeed, concern in the community.
The Government remains of the view that the legislation is still unnecessary, for two major reasons. Firstly, we consider that a police presence is still required to give effect to the move-on power. It is our view that a visible presence would in itself have the effect of deterring undesirable public behaviour, and that the proposed legislation will add very little to this.
Secondly, the circumstances in which the power to issue a direction can be exercised are the same as those constituting a breach of the peace under the common law. The police already have the powers to deal with breaches of the peace, including move-on and arrest powers. The Bill does not add to these powers. All it does is to make a person ignoring a direction liable to a specific penalty.
Generally speaking, however, the Government is pleased that the obvious civil liberties concerns that arise from the original proposal to grant police the power to move on persons neither involved in, nor suspected of, undesirable behaviour have largely been dealt with by the proposed Bill we have before us today.
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