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Legislative Assembly for the ACT: 1997 Week 11 Hansard (5 November) . . Page.. 3595 ..

MR MOORE (continuing):

Mr Speaker, this legislation is not, as people may have thought when I started, something that demands that the Executive do what the parliament says. It is about a duty of consultation and information. Mr Speaker, clauses 6, 7 and 8 put seven distinct duties or responsibilities on the Ministers. However, I must draw your attention to clause 10, where an excuse is provided for a Minister under extreme circumstances. In respect of urgent or extraordinary negotiations, clause 10 gives the Minister a capacity to avoid the application of one or more of the requirements of clauses 6, 7 and 8.

Mr Whitecross: Weasel words, Michael; weasel words.

MR MOORE: I hear an interjection, "reasonable". That is the correct word, indeed.

Mr Whitecross: "Weasel", I said; "weasel words".

MR MOORE: In fact, I have written "reasonable". "Reasonable" is the correct word. "Reasonable" is what this legislation is about. Like the legislation on statutory appointments and other legislation, it is appropriate that in dealing with this sort of legislation we should make sure that the Minister has a reasonable opportunity to deal with issues. However, if Ministers use clause 10 as an excuse they have to explain in writing to members why it is that they have reasonable grounds. So there is an opt out when they are notified. There will be other urgent things, and when an urgent issue arises and that excuse is used by a Minister the Minister must inform other members of what happened and what the grounds were, and they must do so within seven days.

Mr Speaker, I would accept the accusation if somebody pointed the finger and said, "This is soft legislation". It is soft legislation. It is new ground. The duty that I am trying to put on Ministers, the duty that this legislation puts on Ministers, and I emphasise this, is to consult and inform members so that nothing comes as a surprise. Clause 11 of the Bill simply makes sure that, if two Ministers are involved in negotiation, only one of the Ministers has to fulfil those responsibilities. Mr Speaker, this parliament has always considered that legislative requirements on Ministers are a very important part of the way we operate. It seems to me that there is a requirement in this Bill that will take us another step towards reforming the way this Assembly operates in order to improve the outcomes for the community.

Mr Speaker, on the issue of interstate agreements and negotiations with other governments, we have been mushrooms long enough. This legislation will mean it is no longer good enough to keep us in the dark and feed us on manure. Rather, it will ensure that we are informed and we understand what is likely to come back to this Assembly for agreement. This will also help the Minister. Ministers and former Ministers in this place have told me that one of the difficult parts about going to negotiate in ministerial councils is to try to work out and calculate where other members are likely to stand, within their own Cabinet, within their own caucus, or within their own party room, as well as judge what the crossbenchers are likely to do and what the other party is likely to do, and thus try to work out where the numbers are. A piece of legislation like this forces what has become a much more common process in this Assembly, namely, a round table process whereby members work together, get involved in issues and understand what the general issues are.

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