Page 1444 - Week 05 - Wednesday, 17 April 1991
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phenomenon that goes back many years. Lord Hewart's well-known book The New Despotism in the 1930s was a tirade against the growth of delegated legislation and the absence of control by elected members. This Bill will firmly place control back with elected members.
In closing this debate and thanking the Government for its support, I would like to possibly flag another move in this direction. It may be one that the Government may care to take on board rather than waiting for it to emerge as an Opposition proposal; and that is to give some force to the procedure that is well established both under the Labor Government and under this administration of, in effect, promises by Ministers to fix up matters in delegated legislation. It is not uncommon for the committee to make a criticism of a piece of delegated legislation and to raise that criticism with the Minister. It is equally not uncommon for a Minister to give an assurance to the committee such as, "Yes, I see that problem and we will do something about it".
In those circumstances the committee would normally not itself move for disallowance and Opposition members or private government members would also probably not move for disallowance because they would, in effect, be relying on the good faith of a ministerial undertaking. It has certainly been the case that, where undertakings are given, they normally are complied with.
There is a move afoot in another place - in the Senate - for some legislative recognition to be given to that process of ministerial undertakings and, in effect, to extend the period for disallowance where a ministerial undertaking has been given so that, should a Minister go back on an undertaking, members who had refrained from moving disallowance because of their reliance on a ministerial undertaking can have a fresh go at moving disallowance.
I would commend that proposal for the consideration of the Government; to go one step further on this important principle of ensuring that laws that are made not in this Assembly, with the full scrutiny of the media and Opposition, but in the private confines of the Executive are properly subjected to scrutiny and that democratic principles prevail. I thank the Government for their support for this significant piece of legislation.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
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