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Legislative Assembly for the ACT: 2000 Week 5 Hansard (11 May) . . Page.. 1521 ..

Mr Humphries (continuing):

Mr Speaker, on the basis that Mr Hargreaves was asked to withdraw the comments when he originally made them, it is reasonable to ask Mr Berry to withdraw the comments that were repeated by him, which Mr Hargreaves himself had to withdraw when they were originally made. I am quoting from page 79 of the uncorrected proof of Hansard, Mr Speaker.

Mr Berry: This is a report that was circulated to members by you and was not published. It is a matter for members of this place to peruse the report and do with it as they wish. It has been, and is, the subject of debate in this place, and the paragraphs to which I referred were the elements of the report that I assumed the government was sensitive about.

Mr Speaker, I referred to those reports on the basis that I didn't think there was anything particularly defamatory about them and, in your report to the Assembly, you said that the question of their defamatory element had been raised, but that there was no guarantee that they were defamatory.

MR SPEAKER: Correct.

Mr Berry: So, Mr Speaker, it is a bit tall for the Attorney-General to say that, even if it was defamatory. There is nothing in the standing orders that prevents people from making defamatory statements in this place.

Mr Humphries: Well, actually there is, Mr Speaker. Standing orders 54 and 55.

Mr Berry: There is nothing that stops members from saying defamatory things in this place. I do not think the word "defamation" is used anywhere in the standing orders. It is just a little bit over the top. The government is demonstrating its sensitivity to a part of a report that draws proper conclusions about individuals' behaviour, and in particular the Attorney-General's.

I merely referred to sections of a report that you sent to me, which it is my duty to raise, if I so choose to, in the course of my contribution to parliamentary democracy. For you to try to overturn my rights in that respect is a little bit of an extreme. I understand how you might be sensitive about it. Nevertheless, for you to try to prevent me from carrying out my parliamentary duties is quite extreme.

Mr Corbell: Contempt.

Mr Humphries: Rubbish

Mr Berry: Close, indeed, to a contempt.

MR SPEAKER: Order!

Mr Humphries: Mr Speaker, on the point of order: the debate which the Assembly has had-and which was the subject of your ruling-was about whether the report could be published. The report that was sent to Mr Berry and to other members was sent on a limited circulation basis-

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