Page 4010 - Week 15 - Wednesday, 16 December 1992
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If I were to receive it on behalf of the Opposition, I am sure that that would satisfy my colleagues behind me. If Mr Moore, for example, were to receive it on behalf of the Independents, I feel confident in saying that other Independents, others that sit on the cross benches, would accept Mr Moore's advice on what that meant for this particular debate. There is no need for the document to be publicly released. If that document clearly shows that there was ambiguity, it seems to me that it is now incumbent on the Government and on Mr Berry to table it, or produce it in the way I have just suggested, in order to make it clear that he acted properly. If he does not do that, I frankly think we have to assume that the advice in fact is not ambiguous and is perfectly clear in saying that HIV was notifiable in an uncoded form.
Debate interrupted.
ADJOURNMENT
MADAM SPEAKER: Order! It being 4.30 pm, I propose the question:
That the Assembly do now adjourn.
Mr Berry: I require the question to be put forthwith without debate.
Question resolved in the negative.
MINISTER FOR HEALTH
Motion of Want of Confidence
Debate resumed.
MR HUMPHRIES: I accept that this is before a court at present, but when documents are before a court they are not locked away in a steel cell and made unavailable for other people to look at. Originals might be, but copies of documents are certainly available for other people to look at, unless a particular order of the court has been made that they not be published. No such order has been made in this case, to my knowledge, and it is open to the Government, which undoubtedly has a copy of this advice, to give it to even one member on this side of the chamber. That would deprive this motion of the potential to get up. If it clearly showed that there was no case for Mr Stevenson to answer, then that member would be honour bound not to support this motion. Without some tabling of this document we have to conclude, Madam Speaker, that in fact the document does not help the Government and that Mr Berry, indeed, has misled the Assembly and has acted contrary to the rule of law; and that we cannot tolerate.
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