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Queensland Parliamentary Debates [Hansard] Legislative Assembly TUESDAY, 8 AUGUST 1989 Electronic reproduction of original hardcopy QUEENSLAND Parliamentary Debates [HANSARD] lUegtslatiue Assembly THIRD SESSION OF THE FORTY-FIFTH PARLIAMENT Appointed to meet AT BRISBANE ON THE EIGHTH DAY OF AUGUST, IN THE THIRTY-EIGHTH YEAR OF THE REIGN OF HER MAJESTY QUEEN ELIZABETH 11, IN THE YEAR OF OUR LORD 1989 TUESDAY, 8 AUGUST 1989 OPENING OF PARLIAMENT Pursuant to the Proclamation by His Excellency the Governor, dated 27 July 1989, appointing Parliament to meet this day for the dispatch of business, the House met at 10 a.m. in the Legislative Assembly Chamber. Mr SPEAKER (Hon. K. R. Lingard, Fassifern) read prayers and took the chair at 10 a.m. The Clerk read the Proclamation. COMMISSION TO OPEN PARLIAMENT Mr SPEAKER: Honourable members, I have to inform the House that I have received from His Excellency the Governor a Commission appointing me and Mr E. C. Row, Chairman of Committees, or either of us. Commissioners to open this session of Parliament. I now call on the Clerk to read the Commission. 101244—1 2 8 August 1989 Electoral District of Isis The Clerk read the Commission. Mr SPEAKER, as Senior Commissioner, said: Honourable members, we have it in command from His Excellency the Governor of Queensland to communicate to you that Parliament has been summoned to meet this day to consider legislation, the granting of Supply to Her Majesty and such other matters as may be brought before you; that the customary Speech will not be delivered at the Opening of this the Third Session of the Forty-fifth Parliament of Queensland and that, nevertheless, it is His Excellency's desire that you proceed forthwith to the consideration of the aforementioned business. COMMISSION TO ADMINISTER OATH Mr SPEAKER: I have to inform the House that His Excellency the Governor has been pleased to issue a Commission under the public seal of the State empowering me to administer the oath of affirmation of allegiance to such members as might hereafter present themselves to be sworn. I now ask the Clerk to read the Commission to the House. The Clerk read the Commission. PARLIAMENTARY JUDGES COMMISSION OF INQUIRY Second Report Mr SPEAKER: I wish to advise the House that the following report was ordered to be printed and circulated during the recess in accordance with section 29A of the Acts Interpretation Act 1954-1989. I now lay upon the table of the House a copy of the second report of the Parliamentary Judges Commission of Inquiry and accompanying documents concerning His Honour Judge Eric Charles Ernest Pratt. Honourable members, there are three boxes of accompanying documents; these may be inspected by contacting the Bills and Papers officer in the table office. Whereupon the documents were laid on the table. PAPER CIRCULATED DURING RECESS Mr SPEAKER: I have to report that the following paper was circulated during the recess— Annual Report of the Prince Charles Hospital Foundation for the year ended 30 June 1988. ELECTORAL DISTRICT OF ISIS Resignation of Member Mr SPEAKER: I have to inform the House that I have received the following letter from Lionel William Powell, the member for the electoral district of Isis— "Dear Mr. Lingard, Following considerable thought in the matter I have decided to resign from the Parliament. I would be grateful if you could effect my resignation as from midnight tonight." The letter is dated 31 July 1989. Electoral District of Isis 8 August 1989 3 Seat Declared Yacant Hon. M. J. AHERN (Landsborough—Premier and Treasurer and Minister for State Development and the Arts) (10.09 a.m.), by leave, without notice: I move— "That the seat in this House for the electoral district of Isis hath become and is now vacant by reason of the resignation of the said Lionel William Powell." Mr GOSS (Logan—Leader of the Opposition) (10.10 a.m.): I rise in response to the motion in order to put the argument that the Opposition opposes any course of action that leaves the people of Isis without a local member, or a voice in Parliament, for from anywhere between six and 12 months. I move the following amendment, which adds to the Premier's motion the words— "and that the Speaker discharge his duty under section 10 of the Legislative Assembly Act and cause a writ to be issued for supplying such vacancy, and that the by- election be held on or before October 14, 1989." In speaking to the amendment, I wish to make some very important points. The Premier claims that he will be pursuing an initiative that will result in the Government's remaining in power until as late as July 1990. That is clearly the action of a Government that is running scared. To refuse the people of Isis both a local member and a voice in this Parliament shows contempt for the fundamental principles of parliamentary democ­ racy. It shows that the Premier is not only running scared but also is putting political considerations before parliamentary democracy. The member for Mackay, Mr Casey, will second this amendment and make some further points, but I want to make two more points. The first is that the fundamental principle of parliamentary democracy is that people be represented. That principle is being thrown aside by this Premier, who is running scared. In doing so he is putting the position of the National Party ahead of the interests of the people of Isis. That fairly and squarely raises the question of the truth of the course of action that the National Party is proposing in relation to this shonky referendum,. Government members interjected. Mr GOSS: The sooner Government members calm down, the sooner the debate will be over and done with. I suspect that the Premier's actions reveal the truth about this shonky referendum proposal, namely, that he well knows that the people of Isis will go to the polls in a general election some four to five weeks after the 14 October referendum and that that is why he could not be bothered to give them the opportunity to have a representative in Parliament. In other words, the Premier knows that his referendum proposal is doomed to fail, and he knew that it was always doomed to fail, yet the National Party is prepared to spend $5m to $10m of public money on a wasted exercise. It is a cynical piece of opportunism designed to erect the false pretence that the National Party is genuinely concerned about electoral reform. Members of the National Party had a serious problem, that is, that the people of this State, including traditional conservative voters, have walked away from them—have deserted them in droves—over the issue of electoral corruption. That is why they came up with this so-called master stroke—the no-lose proposition—of the referendum. They are now realising that it is the no-win proposition. The response to what has happened with the Isis electorate shows the cynicism and the dishonesty behind this Government's referendum proposal. The Opposition calls on the Government and, by this amendment, calls on this Parliament for the Speaker to exercise his responsibility under section 10 of the Legislative Assembly Act, which states— "Speaker to cause issue of writs to fill vacancies. When and so often as a vacancy shall occur in the Assembly upon a resolution by the Assembly declaring such vacancy and the causes thereof the Speaker shall"— I emphasise the word "shall"— "cause a writ to be issued for supplying such vacancy." 4 8 August 1989 Electoral District of Isis Mr SPEAKER: Order! Honourable members, I will accept interjections, but I will not accept side talk. The Chamber will come to order. Mr GOSS: The Opposition believes that the people of Isis should have a local member and a voice in this Parliament. Mr CASEY (Mackay) (10.14 a.m.): It is my pleasure to second the amendment moved by the Leader of the Opposition. A few weeks ago in the debate on the election of Mr Speaker, we heard some of the Government members who have been interjecting this morning speak into the early hours of the morning on the independence of the Speaker and the independent manner of the actions of the Speaker. Section 10 of the Legislative Assembly Act gives you, Mr Speaker, that role in clear terms of carrying out your function should a vacancy occur by way of resignation of a member from this House. This morning, such a vacancy has occurred. Clearly, the motion moved by the Premier seeks to declare and leave the seat vacant. The Opposition believes that the seat should not be left vacant. It should be filled as quickly as possible so that the people of Isis can have representation in this Parliament. From the wording of the Premier's motion, one would think that he has already conceded the defeat of the referendum proposal that we read of in the newspapers and which has caused members of Parliament to be brought back to this House. It is up to Government back-bench members and even Cabinet Ministers who have any real conscience to carry out their role and their duties in accordance with the Legislative Assembly Act, which gives them that right and authority. This morning, they are being given the opportunity to verify that right and authority and to back you, Mr Speaker, in the role that you may have to fulfil—an independent role. The amendment before the House provides an opportunity for the independence of the Speaker to be shown.

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