Page 176 - Week 01 - Wednesday, 13 February 1991
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motion for disallowance simply remains on the notice paper until parliamentary time is provided for it to be dealt with.
That, of course, is the position in the ACT. He continues:
If not called on before the parliament is prorogued or the lower house dissolved, the motion lapses. All the while the delegated legislation to which it relates continues in force. As can be seen, the distinction is of considerable importance. The difficulty of finding parliamentary time for general, as distinct from government, business is a problem that besets most parliaments.
This parliament can be seen to be in that same position. He goes on:
There is a strong temptation for a government simply not to make time available for a disallowance motion on the basis that there is more pressing government business. The federal parliamentary provision has the effect of obliging the government to deal with the motion if it wishes its delegated legislation to be saved. Such a provision clearly strengthens the hand of the parliament in checking any excess in the use of delegated legislation. It is a provision that should be adopted in the States and in the Northern Territory.
But, regrettably, that has not happened in other States. The important point that Professor Pearce makes there is that this provision that I am seeking to introduce in this private member's Bill strengthens the hand of the parliament. It does not strengthen the hand of any party; it strengthens the hand of the parliament as a whole. Therefore I would commend this to the attention of government members, and I would hope that the Government could support this Bill. I would be prepared - as the Opposition always is - to discuss any drafting details with the Government. As we have repeatedly said when we are introducing private members' business, we are not in a position to be working with the full resources of the Law Office, and it may well be that the Law Office advice is that there should be some amendment to detail. We would be perfectly happy to discuss that with the Government. It is the principle that we are concerned about; and the principle is about strengthening the hand of the parliament for all future parliaments, of whatever political persuasion, as against the Executive.
I would also add that it enormously strengthens the hand of the parliamentary scrutiny committee. The position in the Federal Parliament, effectively, is that because of this provision, because the Executive Government knows that the deemed disallowance provision operates, whenever a
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