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Legislative Assembly for the ACT: 1999 Week 9 Hansard (2 September) . . Page.. 2791 ..

MR STANHOPE (Leader of the Opposition) (12.14): I listened with great interest to my colleague Mr Stefaniak. I have to say, Mr Stefaniak, that I disagree with your interpretation. I will get to that and explain the basis on which I disagree.

I would like to commence my contribution to this debate by addressing the process at issue here, Mr Speaker. There are two issues here. There is the issue of the process that is being applied in this matter, and the underlying issue of the rights that women do have.

I think this process is simply wrong. I think the fact that the Government is legislating on this issue through regulations has some very serious implications for the way the parliament works, and that is an issue that has not been dwelt on very much. I think this may be the first instance. This is the only instance I am aware of in any parliament in Australia where a government has chosen to legislate on a conscience issue. I have not done any research on this, but I have racked my brains to identify a single other instance in which a government, not a private member, has chosen to legislate on a conscience issue. I refer to the Maternal Health Information Regulations which were tabled yesterday. On the cover sheet of the regulations it says:

These are not Mr Humphries' regulations, and they are not Mr Smyth's regulations. These regulations were made by the Australian Capital Territory Executive. The Australian Capital Territory Executive is defined as the Chief Minister, the Deputy Chief Minister, the Minister for Health, the Minister for Urban Services and the Minister for Education. That is who makes these regulations. It says on the cover sheet, "The Australian Capital Territory Executive makes the following regulations". These regulations are made by the Government's front bench, five Ministers acting collectively. That is who has made these regulations, and we ask why, and what are the implications of that?

Let us just put to rest this theory that these are Mr Humphries' and Mr Smyth's regulations. They are not. These are the Government's regulations. Only the Government may make regulations. The Health Regulation (Maternal Health Information) Act provides a regulation-making power. Section 16 of that Act says:

That was the power under which these regulations were made. The Executive, acting in accordance with that power under section 16, has made these regulations - five Ministers, acting collectively. One assumes that there was some debate. One hopes there was some debate on such a divisive and serious issue as this. One hopes there was some debate in the Cabinet about this.

I was a bit disappointed, in fact, that Mr Moore, in his presentation, did not give us the benefit of the arguments that he would have applied in the Cabinet to dissuade his Cabinet colleagues from making these regulations which have been made on his behalf

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