Page 2321 - Week 08 - Wednesday, 22 June 1994
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the reason why they are being treated in the way that they are. The simple reality is that discussions have been held between the parties of this Assembly. That debate has been held and the outcome has been reflected in the proposition that has been put to the Assembly this morning. I believe that it is consistent for us to proceed in the way we are.
Mr Kaine: I raise a point of order, Madam Speaker. The Minister is putting forward the proposition that because he has had discussions elsewhere the debate is over. He is anticipating the debate that should honestly take place here. Should he not be drawn to order and told that the debate on this matter is properly taking place here, and not in some other place with a limited number of participants?
MADAM SPEAKER: I do not really think so, Mr Kaine; but I am sure that Mr Lamont will take on the spirit of what you are saying.
MR LAMONT: Madam Speaker, we have here two organisations which are fundamentally different in the nature of the work that they undertake. I think that that was the subject of the debate that was held, and not only in the round table processes that were undertaken over the last week. The issues and the differences between the DPP's Office and the Legal Aid Commission were outlined in the in-principle debate that was held in this Assembly. My colleague the Attorney-General obviously will wish to speak further on this matter, for I think we need to lay to rest the furphy that Mr Kaine is trying to perpetuate. The simple reality is that they are different. The simple reality is that even Mr Kaine, when he was in government, recognised the difference between the Legal Aid Commission and the DPP.
Mr Kaine: No, I did not.
MR LAMONT: Yes, you did, because you brought in the Bill and set it up, Mr Kaine. I can understand why you may be embarrassed about that. Maybe your short-term memory is deserting you on that fact, but even you recognised the differences between those two organisations when you brought in the Act. We are now reflecting the will of this Assembly in the legislation that is before us this morning.
MR HUMPHRIES (11.42): Madam Speaker, I support the position that Mr Kaine has outlined in the Assembly - that is, that the Assembly should reject the amendment of the Government in favour of the amendment to be moved by Mrs Carnell. Clearly, the Government has acknowledged some arguments in the last 24 hours, which it has not acknowledged in the past, by moving to change the position both of the Legal Aid Commission and of the Director of Public Prosecutions, and that is to be welcomed. Frankly, I do not believe that we have come far enough on the question of the DPP.
Ms Follett: He does.
MR HUMPHRIES: Who is "he"?
Ms Follett: Mr Crispin.
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