Page 658 - Week 02 - Thursday, 21 February 1991
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(5) The committee be provided with necessary staff, facilities and resources;
(6) The Presiding Member shall not be an executive deputy with responsibilities relevant to the legislation; and
(7) The foregoing provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained therein.
Mr Kaine: On a point of order, Mr Speaker: As has already been pointed out to Mr Berry, standing order 217 would prevent the appointment of a select committee in this case. It reads quite clearly. If there is a standing committee in place with terms of reference, you cannot appoint a select committee. I think it would be improper for Mr Berry to proceed with his amendment.
MR SPEAKER: I will take advice on that.
Mr Moore: On a point of order, Mr Speaker: Can I draw your attention to the fact that there is already a precedent on this matter. The HIV, Illegal Drugs and Prostitution Committee was established under these circumstances.
MR SPEAKER: Thank you for that observation, Mr Moore. Under the circumstances of clause (7) of Mr Berry's proposed amendment, I overrule your objection, Chief Minister.
MR BERRY: Thank you, Mr Speaker. The motion, of course, is to join together two committees and seeks, in some ways, to get around the Government's inaction in addressing the difficulties in the committee structure which were pointed out in an earlier debate today. For the purposes of this debate, those problems have to be gone over. We have to ensure that the Government is aware of the need to do something about the problem that its own inaction has created.
That, of course, means that the Executive Deputies who are concerned with the issues which the committees will address will be involved in chairing those committees. To prove my point, a little while ago I heard Dr Kinloch say, in an interjection, that he was part of the Government. As the Executive Deputy assisting on the arts, if he chairs a committee there is a case to be answered about bias. That is what my amendment sets out to rearrange.
The select committee that I propose would be appointed to inquire into those matters which the Government wants dealt with on the draft planning and land use legislation and related legislation and regulations. It sets out to do that in a way which involves the Assembly rather than involving committees which have been erroneously set up as arms of the Government. Of course, what Labor sets out to do is to repair that situation.
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