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Legislative Assembly for the ACT: 1999 Week 7 Hansard (30 June) . . Page.. 1870 ..

MR BERRY (continuing):

Criminal sanctions exist in other places in relation to this sort of behaviour, and that has been referred to in the course of the debate. They were discarded in this place when legislation to discard them was introduced by the Chief Minister, Kate Carnell. On reflection, I am happy to say that Labor may have been too trusting of the Chief Minister and Treasurer when we supported that legislation. The important point that I make here is that the absence of any criminal sanction shifts the responsibility of accountability from the courts to this place. It comes back to us. We have to deal with this. There is nobody else left to deal with it. The courts have been taken out of the equation.

This is appropriate, members and Mr Speaker, where the legislature is prepared to take its responsibility seriously, and that brings me to this important point. We have to take the law-breaker to task when such actions occur. Keep in your mind while this debate goes on that this law-breaking was in relation to a massive attention-grabbing exercise at Bruce Stadium which was supposed to be very good value for the Territory. That side of it has fallen apart. The administration of it has fallen apart. The Chief Minister said she took responsibility for it. The law was broken. The Chief Minister should take ministerial responsibility.

It is our job to ensure that these things are carried through. No court will do it now. It is up to this place. That is what we are paid for and that is what our electors expect us to do. Indeed, we all swore or affirmed our commitment to the law, and I will read just one: "I, so-and-so, swear that I will faithfully serve the people of the Australian Capital Territory as a member of the Legislative Assembly and discharge my responsibilities according to law. So help me God".(Extension of time granted) By making that affirmation, Mr Speaker, or swearing that oath, it becomes our solemn duty to hold this Minister accountable. We would be abandoning our post, abandoning our responsibilities, if we were not to do so. Her feeble pleadings that she is free of personal guilt just do not wash. The well-known principles of ministerial accountability demand that if she is not prepared to accept her responsibilities for these illegal actions and resign, as she has been called upon to do, then we must act. She must be forced to do so. If we fail as legislators to hold this Minister accountable, the Assembly will have failed our electors.

If this motion fails, Labor must consider reinserting criminal sanctions and handing back to the courts the responsibilities we have not had the courage to shoulder. We must consider that option. We cannot let this lie. We have the responsibility now. If we are not up to the job we have to give it to somebody who is. It appears that the Government would have us ignore our responsibilities. The Opposition will not. At least then, when public servants are called on to take illegal action under circumstances where there are criminal sanctions, the full force of the law might cause them to pause, even if their political masters seek to disregard it.

Members must not be swayed from the challenge because of the Liberals' contrived refusal to have anything to do with government if Kate Carnell goes. If Kate Carnell is all that those opposite have going for them, then this admission weighs further in favour of the motion of no confidence. It also tells us that they themselves, all of them, reject due process, and they reject their responsibilities, along with the Chief Minister. No ACT government should be the realm of one person, and certainly not of one who argues that unlawful misappropriation is a good thing. Their decision for an all-or-nothing approach is a welcome admission that they are not up to it. But it will be ditched at the

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