Page 2733 - Week 13 - Tuesday, 21 November 1989
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they have to do is lie to us about the amount of alcohol they consumed prior to the accident and that it would then be their word against ours in a court case which we would in all probability lose. Our ability to use the analysis readings prevents this from happening.
It went on to say:
Our overriding concern here is that by reducing insurance companies' ability to take a stand against drink driving, the frequency of it may well increase. Does the government of the day wish to have the dubious distinction of implicitly condoning the behaviour?
Finally, it should be asked that if it is accepted that a blood analysis reading can be used to prove a criminal conviction against an individual, why is that for a civil matter of refusing a claim, where the onus of proof is far less (balance of probabilities vs. beyond all reasonable doubt), can the evidence not be used?
I think those are some very valid concerns which I would commend to the house in relation to considering whether or not to reject clause 9.
Question put:
That clause 9 be agreed to.
A call of the Assembly having concluded -
Mr Collaery: Mr Speaker, I draw your attention to standing order 135, which states:
The Speaker shall state whether, in the Chair's opinion, the "Ayes" or the "Noes" have it; and if the opinion is challenged the question shall be decided by vote.
Mr Speaker, let me say that I meant to say yes.
MR SPEAKER: Are you sure, Mr Collaery? Unfortunately, I do not believe the standing orders cover this. The vote will have to stand as you presented it.
Mr Whalan: On a point of order, Mr Speaker; standing order 165 provides:
In case of confusion or error concerning the numbers reported, unless the same can be otherwise corrected, the Assembly shall proceed to another vote.
There was certainly confusion in the mind of the defendant in this case.
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