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Legislative Assembly for the ACT: 2000 Week 7 Hansard (28 June) . . Page.. 2115 ..


MR

HUMPHRIES (continuing):

This amendment acknowledges the serious implication of the comments on page 5 of the dissenting report. These comments clearly impute improper motives to members of the Assembly and they are clearly offensive in terms of the standing orders of the Assembly.

I believe that the Assembly will have a considerable problem if it authorises publication of reports containing certain imputations because such comments would not be treated in the same way if they were made live on the floor of the Assembly. If I were to rise and say that member X is a wife-basher then I would obviously be asked, quite properly, to withdraw that comment. But if I-

Mr

Berry: That is rubbish.

MR

HUMPHRIES: I think quite clearly I would be asked to withdraw if that comment were made on the floor of the Assembly.

Mr

Berry: Do you see your name in the report? Are you admitting that you are the person?

MR HUMPHRIES: Reference in the report is to the Attorney-General. Mr Berry, I do not know which other Attorney-General might be referred to in that report but me. Is there another Attorney-General in the house? No, I do not think so. Perhaps I am overly sensitive about this, perhaps I am just prickly, but it seems to me that when reference is made to the Attorney-General it is a reference to me.

Let me return to the point I was making. If I rose in the house and said some member of the house beat his wife then clearly I would be asked to withdraw that comment. It would clearly be out of order. But should I be able, in a completely unfettered way, to make that same comment in a dissenting report to an Assembly committee report, and thereby avoid giving other members the opportunity to have the matter withdrawn when it comes before the house? If we do not prevent that happening we open up an avenue for people to use the Assembly to make comments which are clearly disorderly and which would be defamatory if made outside the house.

Mr

Berry: No they would not be.

Mr

Hargreaves: I do not think so.

Mr

Berry: That is drawing a long bow.

Mr

Hargreaves: That is rubbish and you know it is rubbish, Gary.

MR

HUMPHRIES: Well, I am sorry.

Mr

Hargreaves: You know that is rubbish.

MR

HUMPHRIES: My view is, and I have actually taken legal advice on the subject-

Mr

Hargreaves: Yes, I have seen it and you know it is rubbish.


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