Page 4556 - Week 15 - Tuesday, 6 December 1994
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With reference to internal inconsistencies, the legal opinion I have been given says, amongst other things:
... although it seemed to me that there was no internal inconsistency in Mr Moore's amendment -
and it goes on. The legal opinion I asked for focuses particularly on the proposed amendments the Liberal Party is putting to clause 5 of the Bill. Having read the legal opinion, I am convinced more than ever that it is simply unnecessary for us to do that. This legal opinion also says, with reference to the definition of medical research:
Whilst, to some extent, that opinion is correct, it clearly goes too far.
That was talking about the way the legal opinion Mr Connolly had was working. The same advice was given later on, talking about existing mental or physical conditions:
It is clear, as opined ..., that these terms are a wide import. One asks, rhetorically, what is the problem with that?
It goes on:
That is, of course, a medical decision and one on which I am not qualified to comment.
It would appear that in the advice Mr Connolly had the officer was indeed qualified to comment. With reference to the matter of research, my legal opinion says such things as this:
The advancement of knowledge and the betterment of the human condition can only be continued if experimentation is permitted and what now appears inappropriate is tested to determine whether that is so.
I have lifted some of these things out of the opinion because, while the opinion was particularly focused on the Liberal Party's amendments, it did address the original amendments and the original opinion. Mr Richard Refshauge of Macphillamy Cummins and Gibson, who I am sure is widely respected by all members in this house, which is why I did seek a legal opinion from him, in presenting this opinion considered the three things he had before him: The proposed amendment to be moved by Mrs Carnell, the original amendment by me, and the advice to the Attorney-General.
We have a situation where this Minister simply does not trust his medical practitioners. We have had such misrepresentation of the facts that the Liberal Party is now in a situation, because of the public perception, that they are prepared to change their position. I can understand that, as Mr Connolly's nose grows longer and longer.
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