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Legislative Assembly for the ACT: 1999 Week 10 Hansard (12 October) . . Page.. 2950 ..


MR BERRY: Mr Speaker, could I direct you to the motion? It says that this Assembly "censures the Minister for Urban Services for misleading the Canberra Community". I am merely drawing attention - - -

MR SPEAKER: Excuse me, Mr Berry. On the extent of the Government's response - - -

MR BERRY: Do you want to enter the debate? Why do you not get out here and enter the debate?

MR SPEAKER: The motion refers to the extent of the Government's response to this particular issue, not to a general condemnation of the Minister for misleading the Assembly at all times. Withdraw the implication, Mr Berry, that it is a general misleading of this Assembly. Concentrate on the matter of the Belconnen landfill. If you wish to say that the Minister has been misleading the Assembly on that, that is perfectly in order because it is part of the motion.

MR BERRY: May I respond, Mr Speaker, in order to clarify my position? I was merely drawing attention to two previous censure motions which have been moved in this place in relation to this Minister misleading the place. They are matters of fact. Surely I cannot be prohibited from mentioning matters of fact in this place.

MR SPEAKER: Not matters of fact, but the implication - - -

Mr Kaine: I raise a point of order, Mr Speaker. This motion makes no mention of misleading. I do not know how it has got in the debate at all. It is not part of Ms Tucker's motion.

MR SPEAKER: The motion states "misleading the Canberra community". That is in Ms Tucker's original motion.

Mr Moore: On the point of order, Mr Speaker, there are two things. First of all, Mr Berry today has been asked by you, quite a number of times, not to interject. Now you have asked him quite a number of times to withdraw. Standing order 202 (e) certainly does provide that he has to do that. On the specific issue, Mr Smyth has never been censured by this Assembly. There were two attempts, and neither of them was successful. Here is a third attempt.

MR SPEAKER: Thank you, Mr Moore.

MR BERRY: May I say this? I withdraw any imputation that Mr Smyth has misled the Assembly by statements made in this place on this occasion. I draw attention to the pattern of censure motions that have been moved against this Minister in the past for misleading the place. Where there is smoke there is fire. Mr Speaker, I acknowledge that neither of those motions was carried, but I would also like the Assembly to acknowledge that Mr Smyth even voted for a motion of grave concern that he had made certain statements in this place. I also draw attention to the fact that on an earlier occasion or on another occasion he had to apologise to this Assembly for misleading it or for giving it misleading information. Those are the facts of the matter.


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