Page 222 - Week 01 - Wednesday, 23 February 1994
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MS SZUTY (5.30): Pursuant to standing order 174, I move:
That the Smoke-free Areas (Enclosed Public Places) Bill 1993 be referred to the Standing Committee on Conservation, Heritage and Environment for inquiry and report by 21 April 1994.
Earlier in the debate Mr Moore suggested that using standing order 174 to refer a Bill to a standing committee of the Assembly for inquiry and report is a normal parliamentary practice and procedure. It is open to any member of the Assembly to move for such a referral at any time. This Assembly has not been noted for pursuing this course of action on many occasions, but there are occasions when this course of action is considered to be appropriate. I think that this particular legislation is a very appropriate piece of legislation to be referred to a committee. Members will note that the Conservation, Heritage and Environment Committee is to report to the Assembly by 21 April 1994. That is two months away. This referral will hardly delay the introduction of the legislation by any great amount of time.
I would like to respond to some of the comments that Mr Connolly made earlier in the debate this afternoon. He implied that members on this side of the chamber were retreating from their opposition to smoking in enclosed public places. That is simply not the case. We have just agreed to this legislation in principle by 16 votes to one. Mr Connolly also implied that members on this side of the chamber oppose the legislation. Of course, that is absolutely ridiculous. He also seemed to imply - - -
MADAM SPEAKER: Ms Szuty, could you refer your comments to the motion that the Bill go to a committee. We do not want to go into the debate about the Bill again.
MS SZUTY: Madam Speaker, I have no difficulty whatever with the idea that enclosed public places should be smoke free, as I have supported the Bill in principle. I understand that many people in the community passionately believe that enclosed public places should be smoke free on health and environmental grounds. I also understand that, in environments where smoking is allowed, adverse and potentially adverse consequences are especially felt by children, pregnant women, elderly people and people who have health problems, particularly asthma, as Mr Berry mentioned in his closing remarks on the Bill.
It is also important to acknowledge that the Government's legislation to establish smoke-free areas in enclosed public places is landmark legislation - the first of its kind in Australia, although similar legislation exists in other parts of the world. The enabling legislation, as Mr Berry has described it, enables the Minister for Health, Mr Berry, to determine by declaration, as Mrs Carnell has said, which enclosed public spaces will be smoke free, which enclosed public spaces will be smoke free at certain times or in certain circumstances and which enclosed public spaces will be exempt under certain conditions.
The Minister is all powerful and sets the agenda under this legislation. The Assembly has a secondary role in being able to overturn the Minister's decisions by moving and passing disallowance motions as the need arises. The Minister knows that there are many members of the Assembly who have stated that they are unhappy with this approach. Should this legislation be passed this afternoon, non-Government members would be placed in the
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