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Legislative Assembly for the ACT: 1997 Week 13 Hansard (4 December) . . Page.. 4636 ..

[COGNATE BILL:

Debate resumed from 27 June 1996, on motion by Mr Humphries:

That this Bill be agreed to in principle.

MR SPEAKER: Is it the wish of the Assembly to debate this order of the day concurrently with the Community Referendum Laws Entrenchment Bill 1995? There being no objection, that course will be followed. I remind members that in debating order of the day No. 3 they may also address their remarks to order of the day No. 4.

MR MOORE (6.33): Mr Speaker, I rise to oppose this legislation once again. In doing so, I would like to draw members' attention to the fact that my view on the issue of community-initiated referenda has changed over the years. This issue was raised in the very first days of the First Assembly. In fact, even before we originally met, Dennis Stevenson was trying to negotiate with members as to who would go into government, on the condition that they would implement community-initiated referenda. Mr Speaker, I think that, in some ways, that enthusiasm was overtaken only by Mr Stevenson's enthusiasm for ensuring that there would be no fluoride in the water.

Mr Speaker, I kept an open mind on the issue. I chaired the Select Committee on Community Initiated Referendums, and even then was still open-minded about it - although by the time I had chaired the Select Committee on Community Initiated Referendums I know that my doubts about whether this was a sensible system of government had been growing. I finally put my concerns in an article, which appeared in the Parliamentarian and which was reprinted in the Canberra Times.

To me, the issue Is the protection of democracy and democratic systems. When I say that, Mr Speaker, many people say, "What could be more democratic than allowing ordinary people to vote and having the majority view?". To them I say that the most fundamental part of democracy is ensuring that we look after the minorities. The majority part is easy. We can generally find the view of the majority. The difficult part is ensuring that we look after the minorities. The most critical part of democracy in looking after minorities is contestability. I think it is reasonable to say that, in the societies where more and more power is being concentrated in the hands of the majority and where the greatest evils have been done, those minorities have not been protected.

Just a few minutes ago, I had a discussion with Mr Humphries and explained this concern that I have had. I know that he has read the article that I wrote. We began to wonder whether it was also possible - in some ways, I am opening my mind here - in the same way as we can prevent a referendum from being held on issues of budget, for us to put into

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