Hansard 7 Aug 1996

7 Aug 1996 Ministerial Statement 2083 WEDNESDAY, 7 AUGUST 1996 take all possible action to expedite their implementation and resist all calls for the control measures to be watered down or abandoned. Mr SPEAKER (Hon. N. J. Turner, Nicklin) read prayers and took the chair at 9.30 a.m. Gun Control Laws From Mr McElligott (10 signatories) PETITIONS requesting the House to implement the The Clerk announced the receipt of the agreement for national uniform gun laws to its following petitions— fullest extent in passing new legislation without watering down the new gun control laws. Gun Control Laws Noise Barriers, Pacific Highway From Mr Campbell (1,743 signatories) requesting the House to provide (a) practical From Ms Spence (59 signatories) gun legislation that recognises those with requesting the House to instruct the Transport legitimate reasons to possess firearms, (b) Minister to engage in meaningful discussions increased resources and support for people with residents who will face increased noise with mental illness, (c) increased restrictions on and air pollution as a result of the freeway violence in movies, videos, games and widening. Furthermore the residents request Internet, (d) criminal justice system with that the Government construct the promised appropriate sentencing, compensation for noise abatement fences without further delay. victims, and rehabilitation for offenders, (e) preventative education in schools and Compulsory Third-party Insurance community and (f) increased media Premiums accountability—with balanced reporting of violence. From Mrs Woodgate (15 signatories) requesting the House to repeal the increase to compulsory third-party insurance premiums. State and Local Government Petitions received. Referendums From Mr Gilmore (5 signatories) PAPER requesting the House to enact a legislation provision, subsequently to be entrenched in The following paper was laid on the the Constitution of Queensland, whereby a table— designated number of petitioners, in an Attorney-General and Minister for Justice (Mr approved manner and within a set time span, Beanland)— shall require the elected Parliament of Report of the Queensland Law Reform Queensland or, in the case of a local Society entitled "Assisted and Substituted government the elected council concerned, to Decisions" (Volumes 1, 2, 3). hold a State or local government referendum as applicable, whereby citizens may assent or dissent to any existing law or regulation, or MINISTERIAL STATEMENT proposed law or regulation, the decision of the Queensland Constitution majority of those voting in such a referendum Hon. R. E. BORBIDGE (Surfers being binding on the elected Government Paradise—Premier) (9.34 a.m.), by leave: I concerned. need to correct another disgracefully biased report that appeared today in the Labor Penalties and Sentences Party's official mouthpiece, the Courier-Mail. Today the Opposition "coalition", the Courier- From Mr Laming (1,828 signatories) Mail and the Labor Party, sinks to new depths requesting the House give longer sentences to by elevating the opinion of one person, whose criminals. views happen to suit its clear political purpose, to the status of fact, while it skates over and summarily dismisses several contrary Gun Control Laws interpretations on a constitutional issue from a From Mr Laming (18 signatories) range of official Government legal advisers, requesting the House to demonstrate its firm and a pre-eminent international expert. Rarely support for uniform national gun laws and to have I seen such a disgracefully biased beat- 2084 Ministerial Statement 7 Aug 1996 up, even by the masters of the biased political "Exceptionally, statements, including beat-up, the Courier-Mail. statements on future business, have Mr Welford interjected. been permitted by the Speaker, in urgent circumstances and with the leave of the Mr BORBIDGE: The honourable House . ." member knows all about it. How did he know that the Courier-Mail approached us? The I made my ruling before. Obviously the member knows all about it. honourable member for Ashgrove was distracted and did not hear me when I ruled Mr Welford interjected. the previous point of order out of order Mr SPEAKER: Order! I warn the because the Premier was actually referring to member for Everton under Standing Order the article and not to the Bill. I now call the 123A. Premier. Mr BORBIDGE: The issue concerns Mr BORBIDGE: This solitary opinion whether or not a section of the Queensland was then elevated to the rank of fact for the Constitution is entrenched. A local academic rest of the report. The facts are these—and it constitutional lawyer—— is a disgrace that I have to stand in this House Mr MACKENROTH: I rise to a point of and state them, because they should have order. I draw attention to the fact that the been there for all to read in the Courier-Mail Premier is talking about legislation before the this morning—the element of the Constitution House. referred to was, in the opinion of the Electoral and Administrative Review Commission in its Mr BORBIDGE: No, I am not. report on the Queensland Constitution Mr MACKENROTH: Yes, he is. published in August 1993, not validly entrenched. This was not a sudden conclusion Mr SPEAKER: Order! I rule that the by EARC. When the commission reported on Premier is referring to the article in the Courier- the Electoral Act in 1991 it in fact attached an Mail and not to the actual Bill. opinion from the Crown Solicitor indicating that Mr BORBIDGE: Yesterday a local section 14 of the Constitution was not properly academic constitutional lawyer suggested to entrenched by section 53. the Courier-Mail that the element of the For the information of honourable Constitution was properly entrenched and that members, I quote from that advice, which was the effect of legislative action by the readily available to the Courier-Mail— Government was so wrong in law that it would lead to the invalidation of that legislative "Section 14 of the Constitution Act action. 1867-1988, insofar as it purports to entrench the power of appointment of Mr FOURAS: I rise to a point of order. public servants in the Executive Council is Mr BORBIDGE: Does the honourable ineffective to achieve its object, the member not want me to reply to the Courier- reason being that it is not a law Mail? 'respecting the Constitution powers and Mr FOURAS: My point of order is that procedures of the Legislature' within the the Premier is now talking about matters that meaning of section 5 of the Colonial Laws are currently before the House. It has always Validity Act 1865." been the practice in this House to rule that out The Crown Solicitor advised that the proper of order. Are we to now presume that procedure for the resolution of the matter was members can talk about matters before the for the Government to seek a declaration from House? the Supreme Court. In the 1993 EARC report Honourable members interjected. on the Constitution, there was actually a thinly veiled criticism of the then Government for not Mr SPEAKER: Order! I am listening to addressing that situation. EARC stated— the point of order. "Nothing has been done to resolve Mr FOURAS: The practice in this House the uncertainty." has been that, when legislation is before the House, members cannot debate aspects of The advice was again referred to in the that legislation. The Premier would be 1993 report on the Constitution. However, we debating one aspect of that legislation and it is were not content to rest on that advice. We totally out of order. sought further advice from the Crown Solicitor, the Solicitor General, and Professor John Mr SPEAKER: Order! Erskine May, Finnis, the acknowledged international page 298, states— constitutional law expert who has been 7 Aug 1996 Ministerial Statement 2085 retained for many years by Governments from the Commonwealth Budget, which will be both sides of politics. brought down on 20 August. The unanimous advice given to the The former Labor Government did the Government—unanimous advice—was that people of Queensland no favours with its section 14 was not validly entrenched and Budget blow-out and, unfortunately, the new could be repealed by an ordinary Act of the coalition Governments here and in Canberra Parliament, by definition, without the need for have been left to pick up the pieces. The a referendum. In fact, Professor John Finniss State Budget will be followed by Estimates said section 53 was a nullity as far as its ability committee hearings, which will commence on to entrench section 14 was concerned; that it 17 September and conclude on 26 was "completely ineffective" whether or not September. any Bill had been passed or presented relative It is proposed to bring down the 1997-98 to section 14. Budget in May 1997, therefore returning to a While the call from the Courier-Mail to my May Budget cycle. This will give departments a office to address this issue came early better basis for planning for the coming year yesterday evening, within a very short time and give business and the public generally a that newspaper had the core of the above clear, early indication of the Government's available to it. There is, of course, some irony plans. In this way the Queensland in the fact that the man responsible for some Government has taken the responsible of the most disgraceful so-called reportage on approach to the Budget process. We were not certain matters in recent days was, in fact, the prepared to doctor up some half-baked chairman of EARC at the time of the 1993 statement in May when we faced severe cuts report on the Constitution. He would have in our funding from the Commonwealth been keenly aware of the substance of the Government.

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