Page 4000 - Week 15 - Wednesday, 16 December 1992
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facts are there for all to see, the Health Minister should accept that his failure to uphold the law is known. He should, without delay, resign his seat in this Assembly and, of course, his ministerial responsibilities. If he has to be pushed, it will be to his eternal disgrace.
If the Health Minister will not resign his ministry and will not resign from this Assembly, the responsibility falls to the Chief Minister, Rosemary Follett, to initiate whatever action is necessary to bring about that result. It is she who has been elected as the senior Minister in this Assembly. It is she who appointed this Minister. She must ensure that Ministers do not disregard the law, and, if they do, take appropriate action.
It is the solemn duty and responsibility of each and every member in this Legislative Assembly to vote for this motion and then to ensure that Mr Berry resigns from this Assembly. Any considerations of friendship, party allegiances or ideological affiliations must be put aside. The Minister has violated his statutory responsibilities to the people of Canberra and to this parliament. He has now been exposed. He must go. A vote against this motion would be a gross dereliction of our duty under our oath or affirmation of office.
Ms Follett: Madam Speaker, I raise a point of order. Under standing order 213, I think it is, I ask Mr Stevenson to table the entire document which he has read.
Mr Stevenson: I willingly do so, Madam Speaker.
MADAM SPEAKER: Thank you, Mr Stevenson.
MR BERRY (Minister for Health, Minister for Industrial Relations and Minister for Sport) (3.47): This is a war about whether or not HIV ought to be notified in coded form. That is clearly - - -
Mr Kaine: I think you had better address the real issue, Minister. If you are serious about this, you had better address the real issue.
MR BERRY: I sat here very quietly while Mr Stevenson went through his speech. The moment I get to my feet there is a cacophony from the Liberals - - -
Mr Kaine: I am just warning you. I am just warning you to address the real issue.
MR BERRY: Madam Speaker, here they go again. There is a cacophony from the Liberals, who cannot hold their counsel until after I have spoken. Would you please instruct them to be quiet?
MADAM SPEAKER: I remind members of the requirements of our standing orders. Please proceed, Mr Berry.
MR BERRY: Thank you. This is an argument about whether or not HIV ought to be notified in coded form. There has been a difference of opinion in some quarters about the interpretation of the law. Undoubtedly, Dr Alex Proudfoot has one view and other policy people have a different view. The fact that in the time of Gary Humphries as Health Minister and in my time as Health Minister these things were notified in coded form is a clear indication that this is a policy decision that has been in place for a long time. Successive administrations have interpreted the law, rightly or wrongly, to mean that this ought to be notified in coded form.
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