Page 4656 - Week 15 - Wednesday, 15 December 1993
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FOOD (AMENDMENT) BILL (NO. 2) 1993
Detail Stage
Clause 6
Debate resumed.
MADAM SPEAKER: The question is: That Mrs Carnell's amendment No. 1 to clause 6 be agreed to.
MR MOORE (4.11): Madam Speaker, there was considerable debate on this amendment the last time that we considered this Bill. The difficulty with the Bill is the notion of a prospective power. That is the power that Mrs Carnell has looked at and has moved to remove. I had sought to find a compromise position, Madam Speaker, having heard the arguments, particularly in respect of chicken and salmonella, that were presented in this house previously. I prepared a compromise amendment, which I think was circulated to members; but I have decided not to move it, because it still left prospective powers, although only in situations where there was a most grievous danger to public health.
I then determined that there was a far better way to handle this situation. The better way to handle this situation was to provide for an inspector, seeing chickens on a bench that were likely to become salmonella-ised, to have the power to say, "You must take some action now. If that action is not taken an offence is committed". I prepared drafting instructions for Parliamentary Counsel and wrote to them seeking to have that drafted. Parliamentary Counsel replied to me that it was unnecessary and that perhaps I could recall the last amendment to the Food Act which was passed in this house on 19 August 1993. In that amendment to the Act we provided for that power. The Assembly agreed that it was an appropriate power for the officers to have and it provided it. For that reason, Madam Speaker, it seems to me that this prospective power is entirely unnecessary.
One of the difficulties we have had in reading this Bill is the fact that we did pass the other one so recently. When I went to check my own legislation set, it had not yet been upgraded. That previous Bill, which I should have remembered but I must say I did not, was not there; so I was not aware of that power. Once again Parliamentary Counsel were very helpful. It is a good opportunity this close to Christmas for us to recognise what good work Parliamentary Counsel do. On issues like this, when one seeks advice, Parliamentary Counsel are always there to provide us with professional advice. I believe that I have done well by that professional advice over the last four-and-a-half years.
Mr Humphries: You have done very well, Michael.
MR MOORE: Very well. It is a good time to express appreciation and to say "Merry Christmas" to them, Madam Speaker. They certainly deserve that. I may be testing the standing orders a little, Madam Speaker, by digressing. Nevertheless, we also have to be careful at this time of the year that there is no salmonella in the turkey as well as the chickens that we were discussing previously.
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