Page 3165 - Week 11 - Wednesday, 11 September 1991
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the Australian Capital Territory (Self-Government) Act and standing order 200 to muzzle debate, to try to paper over the growing and inevitable cracks in that ramshackle Alliance Government.
We took the view, which was clearly endorsed by the advice of Mr Brazil, that that was appropriate. The Government then got further advice from Mr Douglas, of Queensland counsel, I think it was, who said that, while the situation was evenly balanced, he favoured the contrary view, the view of the Government. This Government favours the view of Mr Brazil of the local profession.
It has never been doubted, and I provided an opinion which I think was circulated to the Attorney at the time, that this issue is clearly non-justiciable. The courts have always said that it is for a parliament to determine its own procedure. It is for a parliament to decide whether or not it believes that it is going beyond its internal standing orders. Not on a question of constitutionality and not on a question of legislative power; but, where there is a question of internal procedure, the High Court has consistently said that it will not interfere in the internal operations of parliament. So, we believe that there is no question of legal doubt should the Assembly choose to adopt the view that the Government now adopts, which is the view of Mr Brazil, formerly of the Federal Attorney-General's Department and now of the profession here in Canberra.
The extraordinary and rank hypocrisy of a man who used section 65 to prevent debate on this issue when in government and who now says that he is going to support Mr Moore is breathtaking. I must say that the Labor Party found a lot of sense in what the Leader of the Opposition had to say. We would agree in principle with Mr Kaine that it is unnecessary to suspend standing orders when a point under the standing orders has not been taken. The correct procedure would have been for Mr Moore to seek to introduce his Bill in the ordinary course; then we will see where the cards lie.
If a member of this Assembly chooses to take a point of procedure to prevent that Bill from being debated, that is within the power of the members. The Speaker then may choose to rule on that matter, and members may choose to override the Speaker if the Speaker rules one way, or we may have a debate on it. That is the appropriate course of action. The matter is within the control of the Assembly. The Government takes one view on what the Assembly's power is in relation to this private member's Bill; other members may take a different view.
I am confident, on studying all the authorities, and with no contrary advice proffered at any time, that it is ultimately this Assembly that makes that decision, and no outside authority, no court, would intervene on that. So, the Government will present its view at the appropriate
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