34 ASSEMBLY-Opening of Session-Electoral District of Earlwood p~~blnfilte&##cmblq Tuesday, 15 August, 1978 Third Session of the Forty-fifth Parliament-Electrical District of Earlwood (Resigna- tion of Hon. Sir Eric Archibald Willis, K.B.E., C.M.G.)-Member Sworn- Electoral District of Pittwater (Resignation of Bruce Laurence Webster)---Opening of Session-Administration of the Government-Senate Vacancy (Resignation of Hon. Sir Robert Carrington Cotton, K.C.M.G.)-Senate Vacancy (Resignation of Hon. James Robert McClel1and)-Assent to Bills-Constitution (Amendment) Bill-Temporary Chairman of Corn-mjttees-Death of Hon. Robert James Heffron, a former Premier of N.S.W.-Death of Robert Arthur McCartney, b. a former Member of the Legislative Assembly-Leave of Absence-Petitions -Questions without Notice-Law of Evidence Bill (pro forma) (first reading)- Governor's Speech: Address in Reply (First Day's Debate). THIRD SESSION OF THE FORTY-FIFTH PARLIAMENT The House met at noon, pursuant to the proclamation of His Excellency the Lieutenant-Governor. Mr Speaker (The Hon. Lawrence Borthwick Kelly) took the chair. The Speaker offered the Prayer. The Clerk read the proclamation. ELECTORAL DISTRICT OF EARLWOOD Resignation of the Honourable Sir ~ric'~rchibid Willis, K.B.E., C.M.G. Mr SPEAKER: I have to inform the House that on 16th Junc, 1978, I received a letter from the Hon. Sir Eric Archibald Willis, I<.B.E., C.M.G., resigning his seat as member for the electoral district of Earlwood. Issue and Return of Writ: Election of Kenneth George Gabb, LL.B. Mr Speaker informed the House that his writ issued on 23rd June, 1978, in accordance with section 70 of the Parliamentary Electorates and Elections Act, 1912, for the election of a member to serve in the Legislative Assembly for the electoral district of Earlwood in the room of the Hon. Sir Eric Archibald Willis, K.B.E., C.M.G., resigned, had been duly returned to him with a certificate endorsed thereon by the Returning Oficer of the election of Kenneth George Gabb, LLB., to serve as such member. Member Sworn-Senate Vacancy-15 August, 1978 35 MEMBER SWORN Mr Kenneth George Gabb took and subscribed the oath of allegiance and signed the roll. ELECTORAL DISTRICT OF PITIWATER Resignation of Bruce Laurence Webster Mr SPEAKER: I have to inform the House that on 21st July, 1978, I received a letter from Bruce Laurence Webster, resigning his seat as member for the electoral district of Pittwater. Vacant Seat Motion (by Mr Wran) agreed to: That the seat of Bruce Laurence Webster, member for the electoral district of Pittwater, hath become, and is now, vacant by reason of the resignation therefrom by the said Bruce Laurence Webster. OPENING OF SESSION The Usher of the Black Rod, being admitted, delivered a message from His Excellency the Governor requesting the immediate attendance of this honourable House in the Legislative Council Chamber. The House went, and honourable members having returned, [Mr Speaker left the chair at 1.2 pm. The House resumed ot 2.30 p.m.1 ADMINISTRATION OF THE GOVERNMENT Mr Speaker reported the receipt of a message dated 27th April, 1978, from His Excellency the Honourable Sir Laurence Whistler Street, Lieutenant-Governor of New South Wales, informing members that he had assumed the administration of the Government of New South Wales during the absence of the Governor, Sir Arthur Roden Cutler, from 26th April, 1978. - - - Ms Speaker reported the receipt of a fur the^ message dated 1st June, 1978, from His Excellency Sir Arthur Roden Cutler, Governor of New South Wales, informing members that he had re-assumed the administration of the Government of New South Wales on 1st June, 1978. SENATE VACANCY Resignation of Senator the Honourable Sir Robert Carrington Cotton, K.C.M.G. Mr Speaker reported the receipt of a message from His E.xcellency the Governor transmitting a copy of a despatch from the President of the Senate notifying a vacancy in the Senate caused by the resignation of Senator the Hon. Sir Robert Carrington Cotton, K.C.M.G. 36 ASSEMBLY--Senate Vacancy Mr Speaker informed the House that pursuant to the provisions of section 15 of the Commonwealth Constitution ancl with the advice of the Excc~~tiveCouncil, His ExceIlency had, on 26th July, 1978, appointed Christopher John Guelph Puplick, to hold the place in- the Senate until the-expiration of fourteen days_-after the beginning of the next session or until the election of a successor, whichever first happens. Mr WRAN (Bass Hill), Premier [2.33]: I move: That this House meet the Legislative Council for the purpose of sitting and voting together to choose a person to hold the place in the Senate ren- dered vacant by the resignation of Senator the Honourable Sir Robert Carring- ton Cotton, K.C.M.G. Mr COLEMAN (Fuller), Leader of the Opposition [2.34]: In supporting this motion I feel it proper, in a completely non-party spirit, to point out and place on record the humiliating position in which this Parliament is now placed in the new procedure which you, Mr Speaker, have referred to in the filling of casual vacancies in the Senate. I am fully aware that the new procedure was adopted by way of referen- dum and was heavily supported in this State. I should like to stress the fact that this Parliament is now simply a rubber stamp for a political party-in one case it will be the Liberal Party and in another case it will be the Labor Party. The Parliament is involved in an empty procedure without any opportunity whatever to exercise its own judgment. The procedure now required to be followed by this Parliament in the filling of a Senate vacancy involves such uncertainties as what is to happen when the former Senator was an independent, or when the former Senator had defected from the party, or where the party has changed its name, or where the party has amalgamated with another party or where the party has disappeared. These are the sorts of uncertainties in the procedures with which we are now involved. Fundamentally the Parliament is placed in a position of not exercising its own judgment but of simply being a rubber stamp. It is pointless for the Parliament to be reduced to following this procedure. Having said that, I support the motion. Mr WRAN (Bass Hill), Premier [2.36], in reply: In response to what the Leader of the Opposition, in a non-partisan and non-political way, has chosen to put to the Parliament I remind honourable members that the procedure being adopted to fill the vacancy for Senator Cotton's seat in the Senate was decided upon by a greater parliament than even the Parliament of New South Wales. It was decided upon by the people of Australia at a referendum duly constituted because of the unsavory spectacle that had been created in New South Wales when the honourable member for WollondiUy was Premier of this State, but worse when a ballroom dancer named Field was appointed by a Premier called Bjelke-Peterson to fill a vacancy in the federal Senate. That appointment did not reflect the wishes of the people of Queensland any more than the former Liberal Government's filling of the vacancy caused by the retirement of a Senator who is now Mr Justice Murphy of the High Court of Australia reflected the wishes of the people of New South Wales. I have said what I have said in a non-political and non-partisan way. Mr HATTON: Mr Speaker, the situation is- m SPEAKER: Order! The Premier has spoken in reply and therefore the debate is Cad. Motion agreed to. Senate Vacancy-1 5 August, 1978 37 Message Motion (by Mr Wran) agreed to: That the following message be sent to the Legislative Council: Mr President- The Legislative Assembly having resolved to meet the Legislative Council for the purpose of sitting and voting together to choose a person to hold the place in the Senate rendered vacant by the resignation of Senator the Honourable Sir Robert Carrington Cotton, K.C.M.G., requests the Legis- lative Council to name the place and hour for such meeting. SENATE VACANCY Resignation of Senator the Honourable James Robert Meclelland Mr Speaker reported the receipt of a message from His Excellency the Governor transmitting a copy of a despatch from the President of Senate notifying a vacancy in the Senate caused by the resignation of Senator the Hon. James Robert McClelland. Mr Speaker informed the House that pursuant to the provisions of section 15 of the Commonwealth Constitution and with the advice of the Executive Council, His Excellency had, on 9th August, 1978, appointed Keny Walter Sibraa, to hold the place in the Senate until the expiration of fourteen_daysp&er the beginning of the next session or until the election of a successor, -whichever first happens. Mr WRAN (Bass Hill), Premier 13.381 I move: That this House meet the Legislative Council for the purpose of sitting and voting together to choose a person to hold the place in the Senate rendered vacant by the resignation of Senator the Honourable Jarnes Robert McClelland. Mr COLEMAN (Fuller), Leader of the Opposition I3.391: I support the motion. Motion agreed to. Message Motion (by Mr Wran) agreed to: That the following message be sent to the Legislative Council: Mr President- The Legislative Assembly having resolved to meet the Legislative Council for the purpose of sitting and voting together to choose a person to hold the place in the Senate rendered vacant by the resignation of Senator the Honourable James Robert McClelland, requests the Legislative Council to name the place and hour for such meeting.