Page 4871 - Week 16 - Thursday, 29 November 1990
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considers that if the ACT Government proposes to change the name of Rhodes Place consultation should take place with the Commonwealth Government. The reason for this, Mr Speaker, was that if you read the previous paragraph it refers to "where there is likely to be foreign policy implications advice is sought from the Commonwealth Government and particularly the Department of Foreign Affairs". That was the reason for that recommendation. I commend the report to the Assembly.
MR BERRY (5.11): I welcome the opportunity to speak on this matter. It is a welcomed conclusion that the Government now has, according to the committee, the clear power to rename Rhodes Place in accordance with the motion which I moved in private members' business some time ago and which was consequently referred to the committee.
I also would like to refer to the additional statement to the report, which is in relation to Labor Party members on committees such as this one. This has been said before, so it is not news to the Assembly; but I think that for the sake of the record it has to be said again. The Labor Opposition has always indicated that we wish to participate in the committees. We have expressed time and time again our concern at the chairpersonship of committees by Executive Deputies. In our view, the inadequate independence of the committees is the result.
It is expected that government members in a majority government might dominate committees, but in our view the independence of the committees has to be assured and the chairing of those committees by Executive Deputies, given their close links with the Executive, certainly gives the impression that the committees are not independent of government.
I think an earlier motion here and speeches in relation to it - I think Mr Moore specifically mentioned it - mentioned the fact that the committees are a tool of the Assembly, not the Executive. I think the additional statement attached to the report explains the Labor Party's view. I repeat the words of Lord Denning when he referred to the issue of independence.
Mr Kaine: Who was Lord Denning?
MR BERRY: Lord of the Rolls.
Mr Collaery: Master of the Rolls.
MR BERRY: Master of the Rolls, was it? Lord Denning said:
The court looks at the impression which would be given to other people. Even if he was as impartial as could be, nevertheless if right minded persons would think that in circumstances, there was a real likelihood of bias on his part then he should not sit ...
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