Legislative Council
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22691 LEGISLATIVE COUNCIL Tuesday 9 May 2006 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 2.30 p.m. The Clerk of the Parliaments offered the Prayers. The PRESIDENT: I acknowledge that we are meeting on Eora land. ADMINISTRATION OF THE GOVERNMENT The PRESIDENT: I report the receipt of the following message from His Excellency the Hon. James Jacob Spigelman, Chief Justice of New South Wales, Lieutenant-Governor of the State of New South Wales: J. J. SPIGELMAN Office of the Governor Lieutenant-Governor Sydney 2000 The Honourable James Jacob Spigelman, Chief Justice of New South Wales, Lieutenant-Governor of the State of New South Wales, has the honour to inform the Legislative Council that, consequent on the Governor of New South Wales, Professor Marie Bashir, being absent from the State, he has this day assumed the administration of the Government of the State. 8 May 2006 COMMISSIONS TO ADMINISTER THE PLEDGE OF LOYALTY The PRESIDENT: I report the receipt of a commission authorising me as President of the Legislative Council to administer from time to time as occasion may require, to any member of the Legislative Council, the pledge of loyalty. The Clerk of the Parliaments read the Commission. The PRESIDENT: I report also the receipt of a commission authorising the Chairman of Committees, in my absence, to administer from time to time as occasion may require, to any member of the Legislative Council, the pledge of loyalty. The Clerk of the Parliaments read the Commission. LEGISLATIVE COUNCIL VACANCY Election of Robert Leslie Brown The PRESIDENT: At a joint sitting held on 3 May 2006 Robert Leslie Brown was elected to fill the vacancy in the Legislative Council caused by the resignation of the Hon. John Saxon Tingle. PLEDGE OF LOYALTY The Hon. Robert Leslie Brown took and subscribed the pledge of loyalty and signed the roll. LEGISLATION REVIEW COMMITTEE Report The Hon. Penny Sharpe, on behalf of the Chair, tabled a report entitled "Legislation Review Digest No. 6 of 2006", dated 9 May 2006, together with minute extracts for Digests Nos 4 and 5 of 2006. Report ordered to be printed. 22692 LEGISLATIVE COUNCIL 9 May 2006 TABLING OF PAPERS The Hon. Ian Macdonald tabled the following paper: Youth Advisory Council Act 1989—Report of New South Wales Youth Advisory Council for 2005 Ordered to be printed. PETITIONS Batemans and Port Stephens Marine Parks Petition opposing the creation of the Batemans and Port Stephens marine parks until the fishing industry and the community are adequately consulted, a socioeconomic study is undertaken, and real data on endangered species is made available, received from the Hon. Robyn Parker. Alcohol Sale Control Petition praying that alcoholic beverage sales be restricted to existing outlets, that opening hours be reduced, and that warning labels be placed on all alcoholic beverage containers, received from Reverend the Hon. Fred Nile. Snowy Hydro Limited Sale Petition calling for a plebiscite to be held at the same time as the State election in March 2007 to gauge public opinion on the sale of Snowy Hydro Limited, received from Ms Sylvia Hale. BUSINESS OF THE HOUSE Postponement of Business Government Business Order of the Day No. 1 postponed on motion by the Hon. Tony Kelly. BUSINESS OF THE HOUSE Suspension of Standing and Sessional Orders Ms LEE RHIANNON [2.48 p.m.]: I move: That standing and sessional orders be suspended to allow a motion to be moved forthwith that Private Members' Business item No. 197 outside the Order of the Precedence, relating to a select committee on the New South Wales Crime Commission, be called on forthwith: This motion is urgent as a review of the operations of the New South Wales Crime Commission are long overdue. This body was set up in 1985 and has been operating since 1986. Twenty years later surely it is time that the operations of the New South Wales Crime Commission were reviewed. This motion is urgent as it will enable this House to consider how to ensure the commission is accountable. Let us remember that if the New South Wales Crime Commission were set up today it would not be allowed to operate under the secrecy provisions that have prevailed for the past 20 years. This matter is urgent because we should have the opportunity to consider why the police, the Police Integrity Commission, the Independent Commission Against Corruption and the Ombudsman's Office all have clear accountability mechanisms but the New South Wales Crime Commission does not. The current commissioner, Phil Bradley, was appointed to the New South Wales Crime Commission as a full-time member in 1989 and chairman of the commission in August 1993. Apart from a few months with the National Crime Authority, Mr Bradley has dominated the commission. Even though there is provision in the Act for one or more assistant commissioners, since 1997 that position has been rarely filled. The position of assistant commissioner was filled for only five months in 2002-03 and for the financial year 1997-98. Mr Bradley as the commissioner is answerable only to the Minister for Police. 9 May 2006 LEGISLATIVE COUNCIL 22693 This motion is a matter of urgency as this House deserves the opportunity—indeed, has the responsibility to create the opportunity—to bring the New South Wales Crime Commission up to twenty-first century standards of statutory authorities. This House has an urgent responsibility to consider how to ensure the New South Wales Crime Commission is obliged to engage in effective reporting to Parliament and in public review mechanisms. This motion is urgent as the New South Wales Crime Commission, as part of Operation Mocha, in early 2005 permitted the sale of 7 kilograms of cocaine onto the streets of Sydney. The questionable tactics involved in this operation are highlighted by the fact that an alleged cocaine syndicate is now before the courts as a result of this operation and that the Federal Police pulled out of the operation when it found out the Crime Commission intended the cocaine would go through to the street. This motion is urgent as we need to consider why the New South Wales Crime Commission persisted with an operation that the Australian Federal Police said it fundamentally opposed and which senior and experienced detectives described as obscene. The motion needs to be urgently debated as a senior New South Wales Crime Commission officer, Mark Standen, has told Central Local Court that the commission did some research on the health effects of cocaine before this operation went ahead and, on oath, he said there had been no deaths from cocaine. Considering the National Drug and Alcohol Research Centre figures for 2004 show 15 deaths in which cocaine was mentioned and five in which it was an underlying cause. This House needs to debate the motion— The Hon. Jan Burnswoods: Point of order: Just because the honourable member keeps repeating "This matter is urgent" and then devotes the rest of the following paragraph to reeling off statistics and so on does not mean that she is debating why she is seeking urgency. In fact, she is debating the substantive motion. Madam President, I ask you to call her to order and direct her to stop using the phrase "This matter is urgent because" as if that enables her to defy the standing orders. Ms Lee Rhiannon: To the point of order: I am clearly setting out the reasons that this motion is urgent. A number of serious matters add to the urgency for this matter to be dealt with today, and I am setting out that case. The PRESIDENT: Order! I remind Ms Lee Rhiannon that at this stage she must confine her remarks to debating whether standing and sessional orders should be suspended to allow an item of business to be debated forthwith. Ms LEE RHIANNON: This House has a responsibility to determine whether the New South Wales Crime Commission can guarantee that no-one died as a result of its operation, which put 6 kilograms of cocaine on the streets of Sydney. The Hon. Jan Burnswoods: Point of order: Madam President, the honourable member is trifling with your ruling. She quite specifically started to use arguments that she would use if speaking to the motion, if she were successful in seeking urgency. The member has been here long enough to know what to do when moving a contingency motion to bring on a matter that she believes is urgent. The PRESIDENT: Order! I remind all members that they must first debate whether standing and sessional orders should be suspended. They must not debate the substantive motion. The member's time for speaking has expired. The Hon. Dr Arthur Chesterfield-Evans: Has the point of order been ruled upon? The PRESIDENT: I have ruled on the point of order. If the honourable member wishes to speak to a point of order, he must stand in his place and seek the call. The Hon. MICHAEL COSTA (Treasurer, Minister for Infrastructure, and Minister for the Hunter) [2.52 p.m.]: The Government will oppose suspension on this matter. It is not an urgent issue. With regard to the allegations that have been made about the Crime Commission I can tell the House that during the time I was responsible for the Police portfolio the Crime Commission was an instrumental part of the law enforcement arsenal of this State. In fact, it was so highly regarded that even— Ms Lee Rhiannon: Point of order: The Minister's remarks clearly have nothing to do with the issue of urgency. He is speaking in justification of the Crime Commission—demonstrating why he should support bringing on the debate.