Page 3646 - Week 12 - Wednesday, 20 October 1993
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reference to the Community Law Reform Committee, should somehow await the report of the Community Law Reform Committee. I think Mr Moore, at one stage, raised concerns about this question in this place. I also am concerned that it is possible for some issues of importance before this Assembly, and hence of importance to the ACT community, to be dealt with by being referred to this committee and being taken off the plate of this Assembly; that the prerogatives that we exercise in this matter might be referred to some other body.
Mr Moore: No; we are just taking advice.
MR HUMPHRIES: We seem to be prepared to accept the advice of the Community Law Reform Committee. If the advice is the same as what is being proposed here, apparently we intend to pass this Bill in this form. The process whereby matters are referred to the Community Law Reform Committee is one over which this Assembly has no power at all. It is a matter purely - - -
Mr Moore: We do not look just at their conclusions; we look at the whole thinking that they present, and some of it we may reject.
MR HUMPHRIES: Yes. The Assembly has the capacity only to listen and to receive these reports when they come down, and I, for one, am a bit concerned about the capacity of the Assembly to continue to make decisions in this matter if the Government has pre-empted the process of consideration of those issues by referring it to the Community Law Reform Committee, particularly where an issue already has been raised in the Assembly and becomes, as it were, an issue in the Assembly. Perhaps other members are not concerned about that, but I certainly am.
Madam Speaker, it is clear, on a technical question, that these two Bills overlap. They both seek to effect different amendments to the same part of the Bail Act. It will not be a problem because neither Bill will be passed, but if we had reached the detail stage we would have had to amend one of these Bills. Madam Speaker, I hope that members have considered that question of the balance between protecting civil liberties and needing a stronger response to what I would say is a problem with rising crime in the community. I hope that the members of the Assembly will start to bear in mind that we cannot expect to influence that rising crime unless we use the powers available to us, and they include, very importantly, legislative powers. We obviously will decide on this occasion to pass over that opportunity once again, but I hope that when the next occasion comes around our hand is not forced because circumstances have marched on and we find ourselves compelled to act.
Question resolved in the negative.
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