Page 187 - Week 01 - Wednesday, 23 February 1994
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We support banning smoking at all of those venues where there is inadequate ventilation. That policy was put together by a number of health professionals and other people who have an interest in that area. We have been very proud of that policy and we are very proud to stick by it.
If this Bill is referred to a committee or, alternatively, is debated in this house, we will put forward a number of amendments we have drafted, which will really show that the Liberal Party believes strongly that if we are to go down this track of banning smoking, as we think we should, those bans must not be selective. They must be across-the-board bans so as to ensure that whatever legislation is brought down in this place does not create an unlevel playing field. Our approach is that all businesses should be subject to exactly the same rules. Therefore we have major problems, Madam Speaker, with the legislation in its current form.
The legislation, to start with, refers only to tobacco products, not to other plant products that can be smoked. We believe that the legislation should be broadened to include other forms of smokeable products. The area of the Bill that we really have the most problem with is subclause 5(1), which gives the Minister the power to determine where smoking is prohibited, at what time it is prohibited and under what specific conditions it is prohibited. It also gives the Minister the power to set specified and prescribed conditions for banning smoking. Therefore, Madam Speaker, it gives the Minister an opportunity to create an unlevel playing field. Although these notices are disallowable by the Assembly - - -
Mr Connolly: And soon to be amendable or initiatable.
MRS CARNELL: That is right; soon to be, but not at this stage. This capacity for notices to be disallowable in the Assembly in the past, and certainly at this moment, has been a very blunt instrument.
Mr Connolly: Yes, but as of next week it will be a very flexible instrument.
MRS CARNELL: At this stage it is a very blunt instrument.
Mr Connolly: If that is your objection, you are on pretty weak ground.
MRS CARNELL: It is not the only objection, Mr Connolly. What we are suggesting is that any Bill that is passed by this Assembly should actually say what it means. If what we are trying to do here is ban smoking in all enclosed public spaces, even if Mr Berry wants a phase-in period for some premises and not others, possibly, why does he not state that in the Bill, or even state it in his presentation speech? There is no indication, Madam Speaker, of when these bans, or whether these bans, will ever apply to bars, taverns, the casino, possibly, or, for that matter, clubs. I think that the sort of unchecked power that this Bill gives the Minister is inappropriate, Madam Speaker.
Mr Connolly: Unchecked? You admit that it is disallowable.
MRS CARNELL: It could, potentially, as I said, lead to inequitable situations. I understand what Mr Connolly is saying; but, if you are going to go down a track like this, do we want a situation where we spend most of the time in this Assembly - - -
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