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Legislative Assembly for the ACT: 1999 Week 13 Hansard (7 December) . . Page.. 3795 ..


MR OSBORNE (continuing):

Finally, Mr Speaker, the committee draws attention to two of our international treaty obligations. Once again, that is an issue that has been raised in the public debate and again dismissed as having been resolved by Mr Moore. Typically, the Minister's assurances do not assure me, or the committee, or actually do anything to address the problem.

Mr Speaker, the way Mr Moore gets around our treaty obligations is to say that this will be a scientific trial. I will not waste the time of the Assembly on this point now, but let me just say that something does not become scientific just because the Minister says it is. The important distinction to make is that this trial would only become scientific when it satisfied the specific criteria as stated, and what was agreed to by the signatories in the convention, and neither this legislation nor Mr Stanhope's proposed amendments even come close to doing this.

Let me finish by saying that there are many members in this place who make a meal out of our international treaty obligations when it suits them. If Mr Moore was in the process of trampling over an international obligation on the environment, we would not be able to hear ourselves think in this place because of the blood-curdling scream that would come from some members of this place as they tried to out-shout each other in condemnation of the Government. So neither party should bother me again with talk of international treaties, should they, as appears likely, dismiss the need to take this one seriously.

Mr Speaker, in the past the Assembly has placed enormous weight on the work of the scrutiny of Bills committee, as it rightly should. It is one thing to allow bad policy, but it is entirely another to allow bad law. This report sounds a loud and clear warning about this Bill on a number of fronts, and the problems it raises are not trivial. Other Bills have been consigned to committees for much less. If this place is to be consistent and, as a legislature, show due regard for the law, then there is no way that this Bill is anywhere near ready. I would say that it can never be made ready, but members who support it might like at least to make some effort to improve it. I should add that, on his track record, I put no weight at all on any assurances Mr Moore might give that the problems highlighted by the committee can be instantly ironed out. His word on this matter carries no weight at all.

Should the Assembly continue to rush this Bill into law this week, as is the plan, but I hope not, it will save us, I suppose, a lot of work in the future. No longer will there be debating time taken up by members who are complaining about certain processes not being followed. No longer will members be saying that a piece of legislation is being rushed through without enough time being taken to iron out its obvious flaws. No longer will members be taking up time to quote from United Nations treaties or other international agreements, because the right to do all that stops with this Bill here.


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