Page 3163 - Week 11 - Wednesday, 11 September 1991
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be debated openly. The way to avoid being caught out by standing order 200 is to suspend it for the time being. I draw particular attention to the fact that the Minister is prepared to accept that the standing order be suspended in order to allow the debate to continue, even though it is quite clear that the Minister entirely disagrees with me and would vote against the substance of the Bill. I think that is a consistent position for Labor to hold, considering the way they have argued on this matter and section 65.
I think it is most important when we talk about section 65 of the Australian Capital Territory (Self-Government) Act that we understand that there have been a series of legal opinions posed, and I think that the most significant part of it is that there is a question as to whether the matter is justiciable or not. I think that ought be taken into account in making this decision.
MR KAINE (Leader of the Opposition) (11.23): Mr Speaker, I oppose this motion, and I do so on a matter of principle. I do not think that it is in the interests of this Assembly, which is trying to establish some precedents and establish some credibility, that every time something comes up where there is a standing order that offends some individual we should suspend it. I do not see any reason why we cannot debate Mr Moore's motion without prior suspension of that standing order. I think that it is an unfortunate precedent that we would be setting if we moved to support this particular motion that Mr Moore has put forward.
I would, perhaps, accept the validity of it a little more if the debating of Mr Moore's motion on the notice paper was likely to be affected in any way by refusing to suspend this standing order; but the debate can go ahead if Mr Moore can establish his credibility and his case. Then, if it is an impediment to the Assembly taking action pursuant to his motion, we should consider not only the standing order but also the Australian Capital Territory (Self-Government) Act on which this particular standing order is based. Not that I disagree that the motion that Mr Moore wants to put forward ought to be debated; I think it should. But to attempt to circumvent the standing order by suspending it, just because in this case it might affect the ability of Mr Moore to present his case in some way, I think would establish an unfortunate precedent, and I do not support it.
MR COLLAERY (11.25): Mr Speaker, I would have liked to hear from the Attorney, or the Government, on this matter because clearly it was appropriate for the first law officer to speak after Mr Moore in order to guide this house. We have not had the advantage of that view.
Mr Berry: What a snide and stupid remark. You never give up. He never gives up.
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