Page 570 - Week 03 - Tuesday, 20 March 1990
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relation to the site on the grounds that any such action would insult the prerogatives of the court. While this view is obviously based on a misunderstanding of what the court's decision actually means, I just want to record Mr Moore's firm view at that time. (Quorum formed) I have stated Mr Moore's strong view after the court decision.
Mr Moore: Where did you get that from? Where are you quoting from?
MR KAINE: Only a couple of days later, Mr Moore wrote to me concerning five current applications to the Supreme Court for changes of purpose under leases in Civic - within two days. Mr Moore asked me in that letter to exercise my right of veto - not delay as he put forward a minute ago, my right of veto - on the five applications before they were considered by the court. This action would have had the effect of rejecting the applications before they were even heard by the court. On the one hand he is upholding the integrity of the court; on the other hand he is saying, "Don't let it even go to the court"; he wants me to exercise my power of veto.
Mr Moore: What nonsense. Do you not understand the legislation?
MR KAINE: That is exactly what you are asking me to do.
MR SPEAKER: Order!
Mr Moore: What nonsense. You do not understand the legislation. How pathetic.
MR KAINE: Mr Speaker, I am not talking about legislation. I am merely telling you what Mr Moore's actions over the last week have been. On the one hand he says, "The court is paramount and we must not interfere, or insult the prerogatives of the court". On the other hand, he is asking me to intervene so that it does not even go to the court. He cannot have it both ways.
Mr Moore: Yes, I can.
MR KAINE: No, you cannot.
Mr Moore: Yes, I can.
MR KAINE: I am telling you, you cannot.
MR SPEAKER: Who can sing loudest? Order!
MR KAINE: Now today, and only a matter of days after he asked me to exercise my power of veto, he wants an inquiry by a person with the same powers as a Supreme Court judge. From one day to the next he moves from the Supreme Court, if not the Supreme Court, then to someone with the same powers of a Supreme Court. He takes the position - - -
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