Page 917 - Week 04 - Tuesday, 27 March 1990

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I am no lawyer, and I must say that I have not been able to study the document that Mr Collaery put forward, but it seemed to me that what he was on about was absolving the Crown of vicarious liability when its employees take some sort of action which might be liable under the Bill. I think the Government needs to consider its position in relation to this. If it wishes to present itself in a reasonable light, that it is a defender of civil liberties, it should ensure that the Crown will be bound to defend this piece of legislation when, because of its own fear, if you like, it may well be prosecuted by a member of the public where it fails to do so. I think the Government needs to rethink its position on this matter.

Mr Whalan: The Speaker might call them to order.

MR SPEAKER: Do you wish to make a point of order, Mr Whalan?

Mr Whalan: Could you call these people to order, please, Mr Speaker.

MR SPEAKER: I think the volume was quite acceptable, Mr Whalan. Please proceed, Mr Berry.

Mr Whalan: Is there a sort of a criteria that you apply?

MR SPEAKER: Certainly there is, Mr Whalan. While you are on your feet, I will refer you again to standing order 40, by which once again you did not abide. I will record it every time you do that, and we will have you out again if you persist.

Mr Whalan: I suggest that you get your eyes checked.

MR SPEAKER: Order! A wink of the eye does not satisfy standing order 40. Do not talk over me or I will have you out again. Please proceed, Mr Berry.

Mr Whalan: Get your eyes checked because my colleagues clearly saw me acknowledge you.

MR SPEAKER: Thank you, Mr Whalan. Please proceed, Mr Berry.

Mr Whalan: My colleagues clearly saw me acknowledge you.

MR SPEAKER: You do not have the floor. Please proceed, Mr Berry.

Mr Whalan: My colleagues clearly saw me acknowledge you. Did you not?

MR BERRY: Indeed. The acknowledgement was required under standing orders. I know I am out of order now because it is not really relevant, but it is clearly required and was given.


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