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Legislative Assembly for the ACT: 1999 Week 2 Hansard (9 March) . . Page.. 404 ..


MR STANHOPE

(continuing):

a principle which the Labor Party will continue vigorously to defend. It is a principle that has been espoused for centuries in the world's democratic societies.

In that regard, I note - and I will conclude on this point - that House of Representatives Practice, which we rely on and use in this place, deals with this very important question of the separation of the roles of the Executive and the legislature. At its heart, that is what this debate today is all about. This debate is about the role and the responsibility of the Executive and the role and responsibility of the legislature in a responsible and democratic system such as that which we are lucky to have here in the ACT. It is expressed in House of Representatives Practice in this way:

There are therefore checks and balances which prevent the fusion of executive and legislative powers from being complete. The essence -

this goes to the heart of this debate, Mr Speaker -

of a democratic Parliament is that the policy and performance of government must be open to scrutiny, open to criticism, and finally open to the judgment of the electors. When the Government puts its policy and legislation before Parliament it exposes itself to the scrutiny and criticism of an organised Opposition and to its own Members who may be critical of, and suggest improvements to, government policy and administration. Parliament is an important brake on the misuse of executive power of the Government collectively, or Ministers individually. It is essential that there be no erosion of Parliament's role in scrutinising the actions of the Government, such as might cause the Parliament to become a mere "rubber stamp" in respect of government policy. Through the procedures of the House and the will of individual Members, and especially through the institutionalised Opposition, the executive and legislative functions remain sufficiently distinct.

We in the Opposition are ready and able to play our role in this place. We do not think that it is too much to expect that the Government do likewise, that the Government be prepared to take the hard yards, that the Government be prepared to do the hard work, and that the Government be prepared to stand up in this place and be truly and wholly and solely accountable for the decisions and actions it takes. That is not too much for us to expect of the Government. It is not too much for the people of Canberra to expect of the Government. We ask them to do what it is that they have been put there to do, to have the courage to do it, and to accept their responsibility, just as we accept ours. In that regard, Mr Speaker, I would like to move the amendment which was circulated in my name. I move:

Omit paragraph 2(a), substitute the following paragraph:

"2(a) the responsibility of the Executive to govern the ACT as defined in Part V of the Australian Capital Territory (Self-Government) Act 1988 and the responsibility of the Assembly to hold the Executive accountable.".


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