Page 596 - Week 03 - Tuesday, 12 April 1994

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MR CORNWELL (6.16): Madam Speaker, I think I should remind our somewhat paranoid Minister that we are not questioning his honesty, responsibility or integrity. What we are saying is that he has deliberately or recklessly misled the Assembly concerning matters relating to ACTTAB's contract with VicTAB. We are not questioning your integrity, Minister, though I must admit that I do not find much support for your position from your side of the house.

Members interjected.

MR CORNWELL: Madam Speaker, am I going to get the same silence in making my comments as you were seeking for other members?

MADAM SPEAKER: Perhaps there could be a little more order. Order, members!

MR CORNWELL: Thank you. It is noticeable that Mr Berry has not had much response and much support from his own side. Mr Berry has just spoken for 70 minutes, as he is entitled to do. He had 15 minutes from his Chief Minister in his defence, and some 20 minutes from Mr Connolly, if you could call Mr Connolly's comments a defence of Mr Berry. I, in fact, found Mr Connolly's remarks a rather arrogant homily on parliamentary practice which was directed at the Independents. I would question even the basis of that remark on parliamentary practice which he quoted from page 491 of Browning, which was as follows:

Proceedings before a royal commission or judicial inquiry shall not be referred to in motions, debate or questions where the matter inquired into concerns issues of fact or findings relating to the propriety of the actions of specific persons.

I would be quite prepared to debate on the basis that this motion has absolutely nothing whatsoever to do with the terms of reference of the Pearce inquiry. The Pearce inquiry, as we know, is to look into the agreement between VITAB and ACTTAB, the agreement between VicTAB and ACTTAB, the involvement of some people, not a specific person, and any other relevant matter. Mr Connolly tried to make the point that we were somehow transgressing the terms of reference for Professor Pearce by raising this motion today. I ask you, members of the Assembly: Would Professor Pearce, in his inquiry, be looking at whether or not Mr Berry, the Minister, has misled this Assembly? I put it to you that I do not believe that he would be. I do not believe that the good professor would regard that as part of his terms of reference. It is, however, a very proper matter for this Assembly to consider because we are the people most affected by the Minister deliberately or recklessly misleading this body, of which we are all members, in relation to ACTTAB's contract with VITAB Ltd.

I was interested also in the argument put forward at one point by the Chief Minister, and again I think it demonstrates the lack of direction of the Government in trying to defend Mr Berry - one could almost say "defend the indefensible" - because at page 4 of Mr Berry's statement on the agreement, which was circulated earlier, he notes the fact that early in November VicTAB decided to terminate the link with ACTTAB at the end of January. It is interesting that Ms Follett was at great pains to explain to us during her speech that it was not a termination at all; they had simply given notice of the fact that


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