Page 1909 - Week 06 - Thursday, 8 June 2006

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What is the Civil Unions Act? It is an act to eliminate discrimination on the basis of sexual preference. That is what the Civil Unions Act is. It is about eliminating what was lawful discrimination on the basis of someone’s sexual orientation.

For Mr Stefaniak and for those opposite to say, “We are quite happy for you to go to the Governor-General but we do not agree that you had the power to make this law,” flies in the face of the self-government act. But more importantly, it also flies in the face of statements by past chief ministers of this place, including two Liberal chief ministers. In recent days, Senator Humphries and Ms Carnell have both gone on the public record expressing their strong concerns about the steps being taken now by the commonwealth government to override our legislation.

All we have from those opposite are weasel words. As Mr Barr says, they try to walk both sides of the street. You cannot. Aside from the issue of the civil unions legislation, they have not in any way addressed the fundamental issue which is at stake here, which is: do they agree that any law lawfully passed by this place should be allowed to stand? Do they agree with that or not? Past chief ministers do, including two of their own. Do they, as legislators, as elected representatives of the people of Canberra, believe that, regardless of whether or not they agree with the policy, a law lawfully made by this place should not be overturned? That is the challenge for them today.

They are deafening in their silence. All that can signal to this place and to the members of our community is their complicity with the federal government’s decision and their agreement that it is okay for legislation lawfully made by this place to be overturned. Is it okay, Mr Smyth? Is it okay, Mr Stefaniak, through you, Mr Speaker? Is it okay that their powers can be trodden on, overturned and ignored by the decision of the executive of another government in a way that has no regard for the wishes and the political mandate vested in this place by the people of the ACT?

This is a shameful day for the Liberal Party in the Australian Capital Territory. It is shameful that they are not prepared to stand up and defend the rights of the Legislative Assembly to make laws for the people of our territory. Where do their loyalties lie? They do not lie with the community; they lie with John Howard.

MR STEFANIAK (Ginninderra—Leader of the Opposition) (11.34): I seek leave to speak again to the amendment. I want to make a couple of points on what the minister said.

Leave granted.

MR STEFANIAK: Very briefly, I do not think the minister has understood one iota of what we have been saying on this side of the house. One, we support your motion to go to the Governor-General. Two, we think there are huge, significant problems with your Civil Unions Bill as passed. In that regard, it is questionable whether it is a lawful exercise of power.

MR SPEAKER: Order! Mr Stefaniak, you cannot reflect on a vote.


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