Page 2051 - Week 07 - Tuesday, 28 May 1991
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
EXPLANATORY MEMORANDA
Ministerial Statement and Paper
MR COLLAERY (Deputy Chief Minister), by leave: I am delighted to table a discussion paper on the issue of explanatory memoranda. As members are aware, an explanatory memorandum accompanies every Bill introduced into the Assembly. The history of the format and role of explanatory memoranda is very interesting and is touched upon in the paper.
As is often the case, it is easy to continue producing something in a particular form because it has always been done that way. I am very glad that we as an Assembly can take time out to consider this routine process of producing explanatory memoranda in a clause by clause format. It is possible to debate the usefulness of explanatory memoranda and this is the opportunity to do so. I look forward to any comments members may have on the paper.
Explanatory memoranda serve several purposes. As indicated by their very names, they explain. They explain what the legislation is intended to achieve as well as how it goes about doing it. They may be used in court proceedings where there is an ambiguity on the face of the legislation or if the ordinary meaning conveyed by the text of a provision leads to a result that is clearly absurd or unreasonable. The two real issues are that explanatory memoranda are often not accessible to those who may find them useful - for example, judges, members of the Assembly and the general public - and also their quality is variable.
The issue of the quality of explanatory memoranda has been mentioned in this chamber on occasions. However, we must keep the matter in perspective. The process of settling policy, drafting legislation and getting it enacted is very complex, even apart from the need to ensure that the community is consulted in a meaningful way and consequential and transitional provisions are carefully considered. This process and the demands of the Government's legislation program are such that the explanatory memorandum may not always get the close attention it deserves. That is why, Mr Deputy Speaker, the Alliance Government supports the reforming of explanatory memoranda.
The discussion paper proposes doing away with the current clause by clause approach and adopting a more prose style of explanation. This will enable a useful statement of intention to be included and a brief synopsis to be given of the problems to be overcome by the legislation. Also, clauses that obviously do not require explanation need not be repeated. By this I am principally referring to the formal clauses, short title, commencement and the like.
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .