Page 1740 - Week 06 - Thursday, 19 May 1994
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these establishments. We were told at the meeting that we had with the officials there that they are experiencing great problems in operating under that arrangement. I mentioned this in the report. They envy the situation we find ourselves in and the opportunities that we are facing here.
A concern which I want to address specifically is the recommendation that, 30 months after gazettal of the legislation, additional enclosed places be listed in the Act, including bars, taverns, hotels, licensed clubs, et cetera. In the case of restaurants, shopping centres and so on, which are intended to be covered by the Bill, much has changed in the mind of the community. These areas in some cases are already voluntarily smoke free. The ground is fertile for the changes proposed. I do not believe that the same applies to those additional category items. Social change of this kind will succeed, and should go ahead, only when that ground is fertile and community expectations reflect the appropriateness of that change. To impose a timeframe and not really concern ourselves about input from the community, bringing the community along with us, I believe, can be dangerous and can risk what is being attempted. I believe that nothing should occur until that movement of opinion is evident within the community area that I am talking about. What do we do if that movement does not occur? If we do not see opinion change within that period of 30 months, do we impose it anyway? I really question the imposition of that time constraint in this instance. I am a great believer in necessary social reform. Legislators need to be far enough ahead to lead the reform but not so far ahead as to leave the community behind. I fear that in the instance of this category it could happen.
I am disappointed that we have a split outcome on this inquiry. Members of our committee, like all others, worked hard to agree; but I could not, in all conscience, agree to the eventual outcome. We had a great opportunity to set a landmark outcome. I hope, in fact, that this Assembly may still consider that. The outcome of these recommendations will lead, I believe, to complication, confusion and a very uneven playing field based on financial ability to receive exemption. The result is not guaranteed to protect public health to the extent that I believe possible.
Whilst endorsing quite an amount of the committee's report in general, I very reluctantly but very strongly dissent from it in the areas that I have outlined. I suggest that members of the Assembly and members of the community read very carefully the report in full, including my dissenting comments, and consider, again with great care, the imposition of exemptions. If you have a restaurant or a hotel and you are rich enough, you can manage it; if you are not, you cannot. I really cannot understand the equity of the application of public health measures under those circumstances. Any business operation in this Territory that could be affected by such legislation should be considered. There is no doubt about that. There is no way that I want to endorse anything that sees people go out of business, but we may very well see that happen as a result of the recommendations in this report. If you have a restaurant in a small building and it is not physically possible to install air-conditioning equipment you do not have any choice; you have to go smoke free. That suits me because that is what I believe ought to happen, but in this case we are purporting to put up a choice. I do not believe that that offers that choice. I really want people to consider very carefully exactly what this report is saying. Consider the intent of the Bill and think very carefully about the comments that I have made. Hopefully, we can still come out with a good outcome for the people of the Territory.
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