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LEGISLATIVE ASSEMBLY Tuesday, 29Th October, 1991 ___Mr Speaker (The Hon. Kevin Richard Rozzoli) Took the Chair at 2.15 P.M

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LEGISLATIVE ASSEMBLY Tuesday, 29Th October, 1991 ___Mr Speaker (The Hon. Kevin Richard Rozzoli) Took the Chair at 2.15 P.M LEGISLATIVE ASSEMBLY Tuesday, 29th October, 1991 ______ Mr Speaker (The Hon. Kevin Richard Rozzoli) took the chair at 2.15 p.m. Mr Speaker offered the Prayer. DISTINGUISHED VISITORS Mr SPEAKER: Order! I wish to draw to the attention of all honourable members the presence in the gallery today of a number of distinguished persons, being former members of Parliament. PETITIONS Aboriginal Land Rights Act Petition praying that because of the many benefits brought by the Aboriginal Land Rights Act to the Koori people and to the wider community, the House will support the retention of the Act as amended and the three-tier land council structure, received from Mr Markham. Illawarra Housing for Developmentally Disabled Petition praying that the House as a matter of priority allocate sufficient funds to build or acquire additional group homes for mature developmentally disabled persons in the Illawarra region and immediately allocate additional respite and day care resources for developmentally disabled adults and their carers in the region, received from Mr Markham. St Joseph's Hospital Petitions praying that the Minister for Health Services Management intervene to save St Joseph's Hospital from closure and that the necessary funding and support staff be provided to allow it to continue to operate as a public hospital, received from Mr Nagle and Mr Shedden. Canterbury Hospital Petitions praying that the House take action to ensure that the Canterbury Hospital is upgraded to allow it to satisfy the present and future health needs of the Canterbury area, received from Mr Davoren and Mr Moss. Page 3572 Lidcombe Hospital Petitions praying that the House reject any proposals to close down or cut back services or staffing at Lidcombe Hospital but instead support an increase in services and staffing at the hospital, received from Mr Nagle and Mr Scully. Engadine-Heathcote Police Petition praying that foot patrols be introduced and police numbers increased in the Engadine and Heathcote areas, received from Mr McManus. Royal National Park Walking Tracks Petition praying that immediate funding be allocated for the urgent restoration and regeneration of the coastal walking tracks between Bundeena and Otford in the Royal National Park, received from Mr McManus. Warrawong Police Foot Patrols Petition praying that police foot patrols be provided for the Warrawong and surrounding areas, received from Mr Sullivan. Unanderra Police Station Petition praying that the Government and Minister for Police and Emergency Services re-appraise the staffing formula for Unanderra police station and upgrade the staffing-manning level to at least six officers, received from Mr Rumble. Tenambit Community Cottage Petition praying that the House ensures that the Department of Housing maintain the Tenambit Community Cottage as a community facility, received from Mr Blackmore. Health Services Petition praying that funding cuts to health services and hospitals cease and that funding be provided to ensure that waiting lists for hospitals and operations are eliminated, received from Mr Gaudry. School Sports Executive Positions Petition praying that the Government reverse its decision to eliminate the positions of executive officer of the New South Wales Combined High Schools Sports Association and the New South Wales Primary Schools Sports Association, received from Mr Hazzard. Page 3573 Royal Agricultural Society Showground Petition praying that the House will prevent the sale by the Government of foreshore and public parklands, including the Royal Agricultural Society Showground, the E. S. Marks Athletic Field and part of Moore Park, and that residents be included on their administrative bodies, received from Ms Moore. Walker Estates Petition praying that the Government preserve the Walker estates, including Yaralla, for public use, received from Ms Moore. Woollahra Traffic Petition praying that the House take all necessary steps to reduce the traffic volume in Ocean Street, Woollahra, and that Ocean Street be returned to a safe and pleasant street consistent with residential neighbourhood values, received from Ms Moore. Paddington Traffic Petition praying that the House remove clearway conditions from Oxford Street, Paddington, received from Ms Moore. Chaelundi State Forest Petition praying that the proposed logging of the Chaelundi State Forest not be proceeded with and that the area be declared an extension of the Guy Fawkes River National Park, received from Ms Moore. Royal Hospital for Women Petition praying that the House provide funding to the Royal Hospital for Women to ensure that it maintains its leadership role in women's health care, received from Ms Moore. Woolloomooloo Finger Wharf Petition praying that public money not be wasted demolishing the structurally sound finger wharf and establishing a walkway on the western side of Woolloomooloo Bay but instead that basic renovations be carried out on the wharf and an integrated multimedia arts centre be established, received from Ms Moore. Page 3574 HONOURABLE MEMBER FOR NORTH SHORE Suspension of Standing Orders Mr CARR (Maroubra), Leader of the Opposition [2.20]: I move: That so much of the Standing Orders be suspended as would preclude the consideration forthwith of the following motion, namely: That this House: (a) censures the Assistant Treasurer and Member for North Shore for misleading the House on Thursday October 24; (b) calls on the Assistant Treasurer to resign in accordance with the Parliamentary conventions of the Westminster system; and (c) calls on the Premier to dismiss the Member for North Shore from office if the Assistant Treasurer fails to resign this day. Mr MOORE (Gordon), Minister for the Environment [2.21]: I suggest that the Leader of the Opposition should move the substantive motion. Motion for suspension of standing orders agreed to. Censure Mr CARR (Maroubra), Leader of the Opposition [2.21]: I move: That this House: (a) censures the Assistant Treasurer and Member for North Shore for misleading the House on Thursday October 24; (b) calls on the Assistant Treasurer to resign in accordance with the Parliamentary conventions of the Westminster system; and (c) calls on the Premier to dismiss the Member for North Shore from office if the Assistant Treasurer fails to resign this day. Exactly 16 years ago Australia was two weeks into the greatest constitutional crisis in its history. That crisis came about because of a series of breaches of fundamental conventions. As the honourable member for South Coast will recall more vividly than most of us, the first great breach was made on 27th February, 1975, in the New South Wales Parliament when the Lewis Government broke the established convention and refused to replace a retiring senator with a nominee from that senator's party. The honourable member for South Coast, one of the few surviving Page 3575 participants in that day's drama still among us, well knows how easy it is to go down the slippery slope once the conventions of our system are brushed aside. Should conventions be brushed aside the slide begins. Of all those conventions none is more important, none more fundamental than the principle that Ministers are answerable to the Parliament for what they say and do in it. This is the principle which underpins the whole Westminster system. That is why the strictest of all rules and conventions governing parliamentary procedures is that Ministers must not mislead the House on matters of fact, in particular in answers to questions. That is why it is an ironclad convention that a Minister who has knowingly misled the House on a matter of fact or caused another Minister to mislead the House must resign. Moreover, the Premier's own code of conduct for Ministers of the Crown - and one must presume Assistant Ministers - has been flaunted by the Assistant Treasurer. Page one states that two principles must guide ministerial conduct in office, one of which is that, "Ministers will be frank and honest in official dealings". I endorse the views of Independent members of Parliament on this question. The member for Bligh told a press conference on Friday that: The Premier must treat the matter very seriously and take appropriate action. I'm not telling the Premier what to do, but I would think that the other Independents would expect him to have taken that action before Tuesday. The member went on to say: If I were the Premier, I would not keep someone in my Cabinet who had misled me and the Parliament. The member for South Coast clearly agreed. Referring to the member for North Shore he said: I saw him speak twice in the Parliament and in my firm view he lied the first time and he tried to cover it up and obfuscate the second time. The member said also: If the Premier does not believe Mr Smiles and is supporting Mr Smiles, then the Premier is in grave danger of being sucked into that very black hole. There is no doubting the attitude of those honourable members to upholding the time-honoured Westminster convention about these matters. It was precisely the strict adherence to this principle by the former Prime Minister of Australia Mr Whitlam which precipitated the constitutional crisis of October and November 1975. A Minister had given the Prime Minister certain assurances about correspondence, which led Mr Whitlam to give a misleading answer in Parliament. As soon as the error was revealed the Prime Minister required the Minister's resignation. That specifically was the immediate cause of the great crisis, the reprehensible Page 3576 circumstance which the then Leader of the Opposition used to justify the blocking of supply. Parliamentary law on the question of misleading statements in the House is clear and immutable. From time to time political leaders are confronted with the terrible decision when a Minister misleads the House. The issue is whether to tough it out with the consequent difficulties that brings, or to act in accordance with the parliamentary convention and require resignation.
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