❓ Opposition questions the Attorney General on delays to truth in sentencing legislation, highlighting Labor's past support. The Attorney General deflects blame, citing amendments requested by members and unforeseen impacts on other legislation.
AnsweredQoN 87Legislative Council
QuestionView source ↗
I refer to the Sentencing Legislation Amendment and Repeal Act 1999. (1) Why has the Attorney General failed to report to Parliament and to the people of Western Australia on the fact that his much-heralded truth in sentencing legislation is still not in operation? (2) Is it a fact that this legislation passed its second reading on 27 May 1999, with the support of the Australian Labor Party? (3) Does the Attorney General recall that the committee stage of the Bill was not brought on for debate by him until 19 October 1999, and on that date the Labor Party supported the Government’s position? (4) When did the Attorney General become aware that, as a result of the Government’s amendments moved on 19 October 1999, the Bill may not have succeeded in giving sufficiently clear direction to the courts on the adjustment of sentences, as originally envisaged? (5) When did Cabinet approve the drafting of amendments to ensure that the original intent of the legislation was not compromised? Hon PETER FOSS
AnswerView source ↗
(1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
(1) Why has the Attorney General failed to report to Parliament and to the people of Western Australia on the fact that his much-heralded truth in sentencing legislation is still not in operation? (2) Is it a fact that this legislation passed its second reading on 27 May 1999, with the support of the Australian Labor Party? (3) Does the Attorney General recall that the committee stage of the Bill was not brought on for debate by him until 19 October 1999, and on that date the Labor Party supported the Government’s position? (4) When did the Attorney General become aware that, as a result of the Government’s amendments moved on 19 October 1999, the Bill may not have succeeded in giving sufficiently clear direction to the courts on the adjustment of sentences, as originally envisaged? (5) When did Cabinet approve the drafting of amendments to ensure that the original intent of the legislation was not compromised? Hon PETER FOSS replied: (1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
(2) Is it a fact that this legislation passed its second reading on 27 May 1999, with the support of the Australian Labor Party? (3) Does the Attorney General recall that the committee stage of the Bill was not brought on for debate by him until 19 October 1999, and on that date the Labor Party supported the Government’s position? (4) When did the Attorney General become aware that, as a result of the Government’s amendments moved on 19 October 1999, the Bill may not have succeeded in giving sufficiently clear direction to the courts on the adjustment of sentences, as originally envisaged? (5) When did Cabinet approve the drafting of amendments to ensure that the original intent of the legislation was not compromised? Hon PETER FOSS replied: (1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
(3) Does the Attorney General recall that the committee stage of the Bill was not brought on for debate by him until 19 October 1999, and on that date the Labor Party supported the Government’s position? (4) When did the Attorney General become aware that, as a result of the Government’s amendments moved on 19 October 1999, the Bill may not have succeeded in giving sufficiently clear direction to the courts on the adjustment of sentences, as originally envisaged? (5) When did Cabinet approve the drafting of amendments to ensure that the original intent of the legislation was not compromised? Hon PETER FOSS replied: (1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
(4) When did the Attorney General become aware that, as a result of the Government’s amendments moved on 19 October 1999, the Bill may not have succeeded in giving sufficiently clear direction to the courts on the adjustment of sentences, as originally envisaged? (5) When did Cabinet approve the drafting of amendments to ensure that the original intent of the legislation was not compromised? Hon PETER FOSS replied: (1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
(5) When did Cabinet approve the drafting of amendments to ensure that the original intent of the legislation was not compromised? Hon PETER FOSS replied: (1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon PETER FOSS replied: (1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
(1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
(1) Why has the Attorney General failed to report to Parliament and to the people of Western Australia on the fact that his much-heralded truth in sentencing legislation is still not in operation? (2) Is it a fact that this legislation passed its second reading on 27 May 1999, with the support of the Australian Labor Party? (3) Does the Attorney General recall that the committee stage of the Bill was not brought on for debate by him until 19 October 1999, and on that date the Labor Party supported the Government’s position? (4) When did the Attorney General become aware that, as a result of the Government’s amendments moved on 19 October 1999, the Bill may not have succeeded in giving sufficiently clear direction to the courts on the adjustment of sentences, as originally envisaged? (5) When did Cabinet approve the drafting of amendments to ensure that the original intent of the legislation was not compromised? Hon PETER FOSS replied: (1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
(2) Is it a fact that this legislation passed its second reading on 27 May 1999, with the support of the Australian Labor Party? (3) Does the Attorney General recall that the committee stage of the Bill was not brought on for debate by him until 19 October 1999, and on that date the Labor Party supported the Government’s position? (4) When did the Attorney General become aware that, as a result of the Government’s amendments moved on 19 October 1999, the Bill may not have succeeded in giving sufficiently clear direction to the courts on the adjustment of sentences, as originally envisaged? (5) When did Cabinet approve the drafting of amendments to ensure that the original intent of the legislation was not compromised? Hon PETER FOSS replied: (1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
(3) Does the Attorney General recall that the committee stage of the Bill was not brought on for debate by him until 19 October 1999, and on that date the Labor Party supported the Government’s position? (4) When did the Attorney General become aware that, as a result of the Government’s amendments moved on 19 October 1999, the Bill may not have succeeded in giving sufficiently clear direction to the courts on the adjustment of sentences, as originally envisaged? (5) When did Cabinet approve the drafting of amendments to ensure that the original intent of the legislation was not compromised? Hon PETER FOSS replied: (1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
(4) When did the Attorney General become aware that, as a result of the Government’s amendments moved on 19 October 1999, the Bill may not have succeeded in giving sufficiently clear direction to the courts on the adjustment of sentences, as originally envisaged? (5) When did Cabinet approve the drafting of amendments to ensure that the original intent of the legislation was not compromised? Hon PETER FOSS replied: (1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
(5) When did Cabinet approve the drafting of amendments to ensure that the original intent of the legislation was not compromised? Hon PETER FOSS replied: (1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon PETER FOSS replied: (1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
(1)-(5) I am grateful to the member for mentioning this because, unfortunately, the newspaper has failed to mention at any stage the reason the legislation has been unable to be proclaimed. That, of course, is due to amendments made in this House. I notice they are referred to as government amendments. I certainly made sure that the amendments went in and were properly drafted. However, the amendments were made at the request of members of this House, and were quite appropriately accepted by me and supported by the Opposition. It is unfortunate that it was not foreseen when those amendments were made that they would have an impact on a section of another Act, if I remember rightly, and it became difficult to determine the application of section 15 of this Act. Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon N.D. Griffiths: That was 10 months ago. Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon PETER FOSS: No, it did not become evident then. The member has asked me to give a number of dates and times, which I cannot give without having had some notice of the question. However, it did not become obvious 10 months ago. Far more recently the Ministry of Justice drew the matter to my attention. Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon N.D. Griffiths: When? Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon PETER FOSS: I just said to the member, in case he did not hear, that if he wants to know dates and times, he must give me notice because I cannot remember those things by date and time. I have already given the member that answer. I will speak more slowly if he does not understand. Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon N.D. Griffiths: When do you intend to have it proclaimed? Do you intend to sit on it forever? The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
The PRESIDENT: Order! Hon Nick Griffiths has asked a question. If he wants an answer, he should not interject; otherwise, I will ask the Attorney General to sit down so that other members can ask their questions. Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon PETER FOSS: It was much more recently. I have given instructions to the Ministry of Justice for an alternative amendment. The member will be pleased to know that when we return after the break, I will ensure that the amendment which will allow us to clarify that part and which will then allow the rest of the Act to be proclaimed is introduced - probably in the other House. That may not be necessary, as we have started to get on with our business in this place, so maybe I will introduce it in this House. I am sure that I can look forward to the Opposition’s speedy agreement to it. Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon Ken Travers: As always. Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon PETER FOSS: Of course, as always, because obviously the member would like to make sure this Act is proclaimed as soon as possible. If he can assist us by making sure that his colleagues in this House and in the other House expedite the passage of the Bill and its enactment as an Act of this Parliament, it will be proclaimed soon. However, it is very much dependent upon the attitude of the Opposition. Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon N.D. Griffiths: You have been asleep at the wheel. You have delayed this legislation for years. Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
Hon PETER FOSS: Really? During the course of the passage of this legislation I recall that I was alternately accused of hurrying it through and being too slow. I never know what is the right thing to do, Mr President. Sometimes I am accused of not consulting people and other times, when I consult people, I am accused of being too slow. Difficulties arose with this legislation when it was referred to the judiciary and it raised a difficulty with us; of course, no member of this House was able to know that beforehand.
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