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Legislative Assembly for the ACT: 1996 Week 12 Hansard (20 November) . . Page.. 3912 ..

MS FOLLETT (continuing):

Effective parliamentary scrutiny has been threatened because of the rise of national schemes of legislation which emerge from such bodies as the Council of Australian Governments and various Ministerial Councils. Expressed at its simplest level, such councils agree to uniform legislation, usually in closed session, and then proceed through the participating Ministers to sponsor Bills through individual Parliaments, often with the message that the Bills cannot be amended for fear of destroying their uniform nature.

Mr Speaker, I would put it to the Assembly that this has led to the practice whereby ministerial councils, with little input from parliaments themselves, have effectively taken over the role of legislators. I am speaking from the point of view of somebody who has been in government and out of government and who has attended ministerial councils, COAGs and some of the bodies that come up with uniform legislation; and of course I am speaking as a member of this Assembly with a wish to uphold the highest ideals of scrutiny and of participation by the parliament in the process of legislating.

I believe that the position paper as it stands has a number of important points to make. It sets out two possible options to address this issue, although the committees, of course, are open to other options. The committee chairs have asked that the various ministerial councils examine the position paper and discuss it at the next available opportunity. In particular, the committee chairs are writing to both Chief Ministers, all Premiers and the Prime Minister, asking that the matter be discussed by the Council of Australian Governments. Both of those courses of action are now well in train.

As I said at the outset, at various times a number of members of this Assembly have had a hand in the process which has led to the production of this position paper. I would urge all members to look at it carefully. I would particularly urge Ministers and the Chief Minister to examine the position paper and to accept that it is a bipartisan document which has taken many years to prepare and which has some very important things to say. I commend that position paper to members. I seek leave to move a motion that the paper be noted.

Leave granted.

MS FOLLETT: I move:

That the Assembly takes note of the paper.

Debate (on motion by Mr Humphries) adjourned.

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