Page 1431 - Week 05 - Wednesday, 17 April 1991
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reasons, we took the point in that matter, but I am sure that Mr Berry did not intend to intrude upon civil liberties when he introduced his Bill, although, and I am putting this on the record, that might be a consequence of this legislation in the hands of a police force out of control. Not that we would ever want that here. But that is the potentiality, and, as we gradually go through the 1900 Crimes Act and remove these provisions which Mr Berry has replicated in a 1991 Bill, we will deal with the civil liberties concerns of those matters.
The final point I want to make before someone adjourns this matter is that Mr Berry's Bill does not encompass a modern concept of record keeping for people who suffer in one respect the stigma of being taken to a sobering up clinic, or whatever we call it. Mr Berry needs to deal with record taking at the place, whatever the place is.
Mr Berry: What about the power to make regulations?
MR COLLAERY: The usual approach when a Bill that has a regulatory function is introduced into the house, Mr Speaker, is that the introducer of the Bill outlines the proposals to deal with the policy and other aspects. In his introduction speech Mr Berry did not put forward how he thought the regulations would deal with the matter.
MR CONNOLLY (11.07): Mr Collaery really made the Opposition's point in relation to this Bill when he said that it is a very good piece of social legislation; it is addressing a major social problem. The Opposition has once again addressed the matter before the Government; but, fear not, worry not, the Government is going to do something about it. The Government, again, is going to get around to this some time. That is really an unsatisfactory response. We are disappointed that we do not have some detailed proposals for amendment. As the Leader of the Opposition and I have repeatedly said in relation to the Opposition's program of private members' legislation, we do not put up legislation in this place in an inflexible manner, in a manner such that we are not prepared to accept and look at reasonable amendments; but we would like to get on with doing that rather than putting this sadly back on the back burner.
When this Bill was first introduced, there was great political rhetoric from the Government that Mr Berry was somehow infringing on civil liberties and providing an arbitrary power of arrest and detention. That shrill cry had to be somewhat modified when it was pointed out that, of course, this is the existing power in the Crimes Act. What Mr Berry was, in fact, proposing to do was to remove a matter that is presently dealt with by the criminal law to have it dealt with, in effect, civilly. But I still hear
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