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Legislative Council 11257 LEGISLATIVE COUNCIL Thursday 30 November 2000 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 11.00 a.m. The President offered the Prayers. RURAL FIRES AMENDMENT BILL HORTICULTURAL LEGISLATION AMENDMENT BILL Bills received. Leave granted for procedural matters to be dealt with on one motion without formality. Motion by the Hon. J. J. Della Bosca agreed to: That these bills be read a first time and printed, standing orders be suspended on contingent notice for remaining stages and the second reading of the bills be set down as orders of the day for a later hour of the sitting. Bills read a first time. WATER MANAGEMENT BILL Message received from the Legislative Assembly agreeing to the Legislative Council's amendments. INTERNATIONAL DAY FOR THE ELIMINATION OF VIOLENCE AGAINST WOMEN Motion by the Hon. Janelle Saffin agreed to: That this House: (1) Recognises that White Ribbon Day marks the International Day for the Elimination of Violence Against Women. (2) Expresses concern that: (a) human rights abuses and violence towards women and children include rape, trafficking in women, forced prostitution, sexual slavery, honour killings and sexual mutilation, (b) State and non-State actors use rape and other forms of sexual abuse as a torture tactic and strategy of war, (c) human rights abuses against women and girls are practised in countries across the world including across the Asia-Pacific region, (d) the vast majority of refugees and internally displaced persons are women and children, and are particularly vulnerable to sexual violence by armed combatants, (e) girl children are used as child soldiers and are also the target of sexual violence in armed conflict, subjected to rape, sexual slavery and sexual mutilation, (f) violence is often directed at women human rights defenders who work to stop these abuses but often become the victims of torture, including rape, threats and other physical attacks. (3) Notes the United Nations Security Council resolution on Women, Peace and Security passed on 31 October 2000, calling for women to participate equally in United Nations peacekeeping and negotiations for the protection of women and girls during armed conflict. (4) Reaffirms its commitment to: (a) end impunity of violence towards women by condemning abuses where they do occur and encouraging the prosecution of those responsible for crimes against women, 11258 LEGISLATIVE COUNCIL 30 November 2000 (b) end violence towards women by encouraging parties involved in armed conflict to respect international human rights law and protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse. (5) Calls on all governments in the Asia-Pacific region to take position measures to stamp out violence and torture of women and girls. TABLING OF PAPERS The Hon. E. M. Obeid tabled the following annual reports: Ethnic Affairs Commission, for the year ended 30 June 2000 Ministry for the Arts, for the year ended 30 June 2000 Art Gallery of New South Wales, for the year ended 30 June 2000 Australian Inland Energy, for the year ended 30 June 2000 Australian Museum Trust, for the year ended 30 June 2000 Historic Houses Trust of New South Wales, for the year ended 30 June 2000 Library Council of New South Wales, for the year ended 30 June 2000 Museum of Applied Arts and Sciences, for the year ended 30 June 2000 New South Wales Film and Television Office, for the year ended 30 June 2000 State Records Authority of New South Wales, for the year ended 30 June 2000 Sydney Opera House Trust, for the year ended 30 June 2000 Ordered to be printed. PETITION Council Pounds Animal Protection Petition praying that the House introduces legislation to ensure that high standards of care are provided for all animals held in council pounds, received from the Hon. R. S. L. Jones. GENERAL PURPOSE STANDING COMMITTEE No. 5 Reporting Dates The Hon. R. S. L. JONES [11.10 a.m.]: I inform the House that General Purpose Standing Committee No. 5 resolved on 17 November to extend the date upon which it will report its findings on its inquiry into Sydney Water's Biosolids Strategy from 4 December 2000 to 29 June 2001, and to report on its inquiry into Oil Spills in Sydney Harbour by 2 April 2001. FISHERIES MANAGEMENT AND ENVIRONMENTAL ASSESSMENT LEGISLATION AMENDMENT BILL Personal Explanation The Hon. I. COHEN, by leave: During the debate on the Fisheries Management and Environmental Assessment Legislation Amendment Bill there was a degree of confusion about a number of amendments. I moved amendments following their withdrawal by Reverend the Hon. F. J. Nile. Subsequent to that, Reverend the Hon. F. J. Nile said that the Greens were setting back the cause of Aboriginal reconciliation. To clarify the situation, I refer to a letter from Mr Rod Towney, Chairperson of the New South Wales Aboriginal Land Council. The letter, addressed to me, states: I refer to the discussions that occurred between you and representatives of the New South Wales Aboriginal Land Council [NSWALC] in relation to the NSW Government's proposed Fisheries Management and Environmental Assessment Amendment Bill 2000 ("the Fisheries Management Bill"). The discussions commenced on Tuesday 14 November 2000 at a weekly briefing meeting of the Legislative Council cross-bench members. During the discussions the NSWALC position in relation to the Fisheries Management Bill was expressed to be that the bill did not adequately address NSW Aboriginal communities needs and that it fell significantly short of an adequate level of protection of Aboriginal rights in NSW fisheries. The NSWALC proposed a number of amendments to the Government's Bill to be introduced by the Rev. Fred Nile in the Legislative Council. A copy of the proposed amendments is attached to this letter. As you know on the floor of the Legislative Council on Tuesday 21 November 2000 the Rev. Nile introduced the amendments to the Fisheries Management Bill however he did not move them. In response to his introductory remarks the Minister for Fisheries 30 November 2000 LEGISLATIVE COUNCIL 11259 (Eddie Obeid MLC) read a prepared statement in relation to the proposed NSW Government's response to the needs of NSW Aboriginal people in fisheries. When the Rev. Nile withdrew his support as the mover of the NSWALC amendments to the Fisheries Management Bill considerable debate occurred between the Rev. Nile and other members of the cross-benches, including yourself. During this debate the Rev. Nile referred to a letter from Ossie Cruse (NSWALC member for the Far South Coast region) that was said to authorise the Rev. Nile to withdraw his support as the mover of the NSWALC amendments (a copy of the letter is attached). The NSWALC appreciates that the Rev. Nile's reference to this letter created significant confusion for those Legislative Council cross bench members who had supported NSWALC's position that the amendments should be moved. The letter on its face does not indicate that the NSWALC had decided to withdraw its amendments however conversations between Rev. Nile and Mr Cruse prior to the debate on the floor of the Legislative Council may have led the Rev. Nile to conclude that the NSWALC's position had changed and that the amendments were no longer pressed. The NSWALC's amendments to the Fisheries Management Bill were and continue to be pressed. The Rev. Nile's actions were the result of an unfortunate error in communication. Your actions in attempting to revive amendments to the Fisheries Management Bill that accorded with the NSWALC's position are greatly appreciated by the NSWALC. The NSWALC is grateful for your sustained effort to ensure the Aboriginal perspective in relation to the Fisheries Management Bill was debated in the Legislative Council. I understand that the Rev. Nile has made comments in the Legislative Council subsequent to the debates on Tuesday 21 November 2000 that suggest that your actions in relation to the NSWALC's proposed amendments to the Fisheries Management Bill were detrimental to the interests of Aboriginal people in NSW. The NSWALC is the peak Aboriginal representative body in NSW. In the NSWALC's opinion your actions were not detrimental to Aboriginal people. Your actions demonstrated your strong support for Aboriginal people and your commitment to the NSWALC's position in relation to the Fisheries Management Bill (as it was put to you). The Rev. Nile's views are clearly a result of the error of communication between him and the NSWALC described earlier. The support you and other members of the Legislative Council cross benches have given to the NSWALC in relation to the Fisheries Management Bill and in relation to other Aboriginal issues is greatly appreciated. The NSWALC hopes that productive dialogue on these issues will continue in the future. Rod Towney Chairperson New South Wales Aboriginal Land Council The Hon. M. R. Egan: Point of order: Although the Hon. I. Cohen has finished, I still take a point of order because that was not a personal explanation, it was debate. The honourable member could have made this speech on the adjournment. The House grants leave for personal explanations on the assumption that a member is making a genuine personal explanation. The Hon. I. Cohen's speech was not a personal explanation. I formally take a point of order and inform members that in future the Government will be more prompt to take a point of order. The Hon. I. COHEN: To the point of order: I note what the Treasurer has said. I apologise to the House if I was out of order. I raised this matter with sincere intent and I considered that it was appropriate to read from the letter.
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