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Legislative Council 7551 LEGISLATIVE COUNCIL Tuesday 3 December 2002 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 11.00 a.m. The President offered the Prayers. The PRESIDENT: I acknowledge that we are meeting on Eora land. ASSENT TO BILLS Assent to the following bills reported: Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Bill Public Health Amendment (Juvenile Smoking) Bill (No 2) Civil Liability Amendment (Personal Responsibility) Bill Drug Court Amendment Bill Environmental Planning and Assessment Amendment (Illegal Backpacker Accommodation) Bill Law Enforcement and National Security (Assumed Identities) Amendment Bill Rail Safety Bill Business Names Bill Child Protection Legislation Amendment Bill Courts Legislation Miscellaneous Amendments Bill Crimes Legislation Amendment (Criminal Justice Interventions) Bill Election Funding Amendment Bill Gaming Machines Further Amendment Bill Law Enforcement (Powers and Responsibilities) Bill Pawnbrokers and Second-hand Dealers Amendment Bill Police Amendment (Appointments) Bill Retail Leases Amendment Bill Security Industry Amendment Bill State Revenue Legislation Amendment Bill Strata Schemes Management Amendment Bill Superannuation Legislation Amendment Bill Superannuation Legislation Further Amendment Bill Statute Law (Miscellaneous Provisions) Bill (No 2) STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL (No 2) Message received from the Legislative Assembly agreeing to the Legislative Council's amendments. LEGISLATIVE COUNCIL Report The President tabled the annual report for the year ended 30 June 2002. Ordered to be printed. NEW SOUTH WALES PARLIAMENT JOINT SERVICES Report The President tabled the annual report for the year ended 30 June 2002. Ordered to be printed. 7552 LEGISLATIVE COUNCIL 3 December 2002 OFFICE OF THE OMBUDSMAN Report The President announced, pursuant to the Law Enforcement (Controlled Operations) Act 1997 and the Ombudsman Act 1974, the receipt of the special report entitled "Law Enforcement (Controlled Operations) Act, Annual Report 2001-2002", dated November 2002. The President announced that she had authorised the report to be made public. COUNCIL OF THE UNIVERSITY OF NEW ENGLAND Appointment of Representative The President reported the receipt of a letter dated 19 November 2002 from the Hon. Tony Kelly tendering his resignation as the representative of the Legislative Council on the Council of the University of New England. The President reported further that she had acknowledged the letter, accepted the resignation with effect from 19 November 2002, and informed the University of New England. TABLING OF PAPERS The Hon. Michael Costa tabled the following papers: Annual Reports (Departments) Act 1985 for the year ended 30 June 2002— Cabinet Office NSW State Electoral Office Parliamentary Counsel's Office Premier's Department Annual Reports (Statutory Bodies) Act 1984 for the year ended 30 June 2002— Centennial Parklands Election Funding Authority Independent Pricing and Regulatory Tribunal Thoroughbred Racing Board Administrative Decisions Tribunal Act 1997—Report of the Administrative Decisions Tribunal for the year ended 30 June 2002 Community Services (Complaints, Appeals and Monitoring) Act 1993—Report of Community Visitors' Scheme for the year ended 30 June 2002 Industrial Relations Act 1996—Report of the Industrial Relations Commission for the year ended 31 December 2001 Ordered to be printed. STANDING COMMITTEE ON STATE DEVELOPMENT Report The Acting Clerk announced, according to the resolution of the House of 25 May 1999, the receipt of report No. 27, entitled "Local Government Boundaries in Inner Sydney and the Eastern Suburbs", dated November 2002, together with minutes of proceedings, submissions and correspondence. The Acting Clerk further announced that, pursuant to the resolution, she had authorised the report to be printed. ` The Hon. TONY KELLY [11.19 a.m.]: I move: That the House take note of the report. Debated adjourned on motion by the Hon. Tony Kelly. 3 December 2002 LEGISLATIVE COUNCIL 7553 PETITIONS Cyanide Heap Mining Petition praying that cyanide heap mining be banned, received from Ms Rhiannon. Genetic Engineering Freeze Petition calling for protection of the rights of farmers who wish to remain free from genetic engineering contamination, establishment of genetic-engineering-free zones, declaration of a freeze on the intentional release of new genetically engineered crops, and consultation with all farming groups, received from the Hon. Duncan Gay. BUSINESS OF THE HOUSE Withdrawal of Business Business of the House Notice of Motion No. 1 withdrawn on motion by the Hon. Don Harwin. STANDING ORDER 126: NO MEMBER TO VOTE IF PECUNIARILY INTERESTED Ms LEE RHIANNON [11.14 a.m.]: I move: That, during the present session and unless otherwise ordered, Standing Order 126 be amended to read: 126 No Member shall be entitled to vote in any Division upon a Question in which the Member, the Member's spouse or the Member's children have a direct pecuniary interest, not in common with the rest of Her Majesty's subjects and on a matter of State Policy, and the vote of any Member so interested shall be disallowed. I have moved this motion because the community wants the Carr Labor Government to enforce a higher pecuniary interests standard for members of this Parliament. Our pecuniary interests provisions are out of step with the best practice in this country. As members of Parliament we have a responsibility always to strive to improve the standards under which we operate. For example, the Senate has stronger and more thorough provisions than this House. We cannot continue to allow this House and this Parliament to have their standing diminished by weak pecuniary interests laws. We are lucky that not all the rules controlling pecuniary interests are in legislation, so this change to our standing orders will allow us to put this House in order. The most important avenue for non-disclosure being abused in New South Wales is the ability of a member to hide his or her assets and income stream behind his or her family. The Senate does not allow this, and nor should we. We have the power to change the situation, and this motion provides us with the means to bring some degree of integrity into our operations in this place. The Senate has comprehensive and clear rules which the Greens will push for this place to adopt when the new Parliament resumes in 2003. One of the key rules is a requirement that family interests be declared. That is widely accepted these days, and I hope that all members will see their way free to support it here. The system in the Senate is thorough; a registrar of senators' interests keeps a register of family interests which is confidential but which provides a check in the case of family assets creating a conflict of interest for a Senator. My simple motion will not introduce a complete system of checks but it will close the loophole in Standing Order 126 that states, "No Member to vote if pecuniarily interested". Members should read Standing Order 126 because in discussions I have found that people are not aware that members are already bound by this requirement in terms of their own pecuniary interests. All that this motion provides is that Standing Order 126 be extended to cover the pecuniary interests of one's partner and one's children. The current loophole is that Standing Order 126 refers only to a member, not to a member's spouse or children. The effect of the motion would be that a member's vote would be disregarded in the event of a conflict of interest involving a member's spouse or children. Members should remember that that is not radical: Standing Order 126 already makes that provision with regard to members. We need to pass this motion as a matter of urgency even though it is only a partial solution. Problems and ambiguities remain and we acknowledge them, but, as many members like to remind me, we achieve change incrementally, and surely this motion should be part of an incremental change. We cannot have the 7554 LEGISLATIVE COUNCIL 3 December 2002 public thinking that we will allow a massive loophole to exist. We cannot leave in place a standing order that leaves a "family assets" loophole in place. We must act now to restore public confidence in the pecuniary interests rules of this House. This motion provides us with some means to do that, and I urge all members to support it. The Hon. MICHAEL EGAN (Treasurer, Minister for State Development, and Vice-President of the Executive Council) [11.20 a.m.]: I move: That the question be amended by omitting all words after "That" and inserting instead: the Standing Committee on Parliamentary Privilege and Ethics inquire into and report on the possible amendment of Standing Order 126 to include reference to the direct pecuniary interests of a Member's spouse or the Member's children. Standing Order 126 currently reads: No Member shall be entitled to vote in a Division upon a Question in which he has a direct pecuniary interest, not in common with the rest of Her Majesty's subjects and on a matter of State policy, and the vote of any Member so interested shall be disallowed. The motion of Ms Lee Rhiannon seeks to extend that to a member's spouse or children. No doubt this is a headline-grabbing motion, but I am not sure that it is terribly well thought out. If the standing order is to be extended to the pecuniary interests of a member's spouse or children, why, I ask, should not it be extended to a member's parents, grandparents, aunts and uncles, or nieces or nephews? Why not to a close friend? Why not to a business associate? The honourable member has simply not thought this through and that is why, although the matter is important, it should be referred to the privileges committee for thorough examination. As I said, the proposed amendment to Standing Order 126 will extend the current provision so that a member cannot vote in any matter in which the member's spouse or child has any pecuniary interests.
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