❓ Mr. Logan questions the legality of tobacco sales in prisons without proper licenses. The Minister for Corrective Services confirms licenses are now held by each prison, addressing previous concerns and highlighting past inaction by the opposition.
AnsweredQoN 309Legislative Assembly
QuestionView source ↗
PRISONS — TOBACCO LICENCES
309. Mr F.M. LOGAN to the Minister for Corrective Services:
Before I ask my question on behalf of the member for Albany,
I would like to acknowledge the visiting students from St Joseph's
College in Albany and welcome them to Parliament House and to Perth.
I draw the minister's attention to the supplementary
information provided in answer to my question in budget estimates about the
sale of tobacco products in prisons by the Department of Corrective Services.
(1) Can the
minister now clarify for this house whether the Department of Corrective
Services or any of its individual prisons has the legal capacity to sell
tobacco products; and, if so, how?
(2) If the
department or its prisons are not eligible to hold a tobacco licence, will he
now direct the department to immediately stop the sale of tobacco products in
prisons until such time as a licence is granted?
(3) If the
department believes, as stated in the supplementary information, that it can
sell tobacco products under the authority of the licence held by the retailer
from whom the department buys the tobacco, can the minister explain how this is
not a breach of the Tobacco Products Control Act 2006?
The SPEAKER : Before the
Minister for Corrective Services answers that question, I think I am right in
saying that in part of your question, member for Cockburn—I do not need
a response from you—you used the words ''legal capacity''
with respect to the Department of Corrective Services. I am going to tell the
member for Cockburn that seeking a legal opinion is not appropriate. At that
point, I am going to sit down and enable the minister to answer.
309. Mr F.M. LOGAN to the Minister for Corrective Services:
Before I ask my question on behalf of the member for Albany,
I would like to acknowledge the visiting students from St Joseph's
College in Albany and welcome them to Parliament House and to Perth.
I draw the minister's attention to the supplementary
information provided in answer to my question in budget estimates about the
sale of tobacco products in prisons by the Department of Corrective Services.
(1) Can the
minister now clarify for this house whether the Department of Corrective
Services or any of its individual prisons has the legal capacity to sell
tobacco products; and, if so, how?
(2) If the
department or its prisons are not eligible to hold a tobacco licence, will he
now direct the department to immediately stop the sale of tobacco products in
prisons until such time as a licence is granted?
(3) If the
department believes, as stated in the supplementary information, that it can
sell tobacco products under the authority of the licence held by the retailer
from whom the department buys the tobacco, can the minister explain how this is
not a breach of the Tobacco Products Control Act 2006?
The SPEAKER : Before the
Minister for Corrective Services answers that question, I think I am right in
saying that in part of your question, member for Cockburn—I do not need
a response from you—you used the words ''legal capacity''
with respect to the Department of Corrective Services. I am going to tell the
member for Cockburn that seeking a legal opinion is not appropriate. At that
point, I am going to sit down and enable the minister to answer.
AnswerView source ↗
I thank the member for Cockburn for the question. Of course
he refers to the point that was raised in budget estimates when he quizzed us
on the position around the legal right or not of the Department of Corrective
Services and the shops within the prisons to sell tobacco. The advice that they
were operating under was based on State Solicitor's Office advice,
which at the time said that the department was not or did not hold the capacity
to be a body corporate to hold a particular licence; therefore, the SSO advice
at the time was that the department did not need a licence and was in fact
on-selling tobacco on the basis of the licence of the wholesaler or the
retailer that was actually providing the product to the particular prisons.
Since then, there has been other advice from the Department
of Health to the contrary. I might add that the SSO advice that the prisons
were operating under was actually received and acted upon in 2007. That advice
was actually advice that was sought and taken up when the opposition was in
government. The position that it is asking us to clarify, in terms of what we
are doing now, is exactly the position that it sought advice on, took up and
acted upon. It is the very same as the question the member for Cockburn is
raising. In short answer to his question, we do now hold the appropriate
licences. We are acting on the recommendations or the advice that came from the
Department of Health, which is the appropriate group to seek that advice from.
Now all the prisons have the appropriate tobacco licences.
Mr F.M. Logan : Have you got the licences?
Mr D.T. REDMAN : Yes, we have.
Mr F.M. Logan : So does each individual prison have a
licence?
Mr D.T. REDMAN : Yes. Now that the member for Cockburn has
raised this issue, I would like to bring up a point he raised in budget
estimates. We were sitting on the front bench in the other chamber and the
member for Cockburn ran out of questions to put to the government. The member
was visibly watching his phone and taking text messages; and sitting above him
in the public gallery was the secretary of the Western Australia Prison
Officers' Union, who was also busily looking at his texts. They were
beaming the messages to each other! The only thing missing were the wires
hanging down to the member's hands from above, so he could punch in the
right message! Members opposite got it wrong when they were in government. They
received the advice, but it was this government that acted upon it and has now
put it to rights. This government has acted and has done exactly the right
thing.
he refers to the point that was raised in budget estimates when he quizzed us
on the position around the legal right or not of the Department of Corrective
Services and the shops within the prisons to sell tobacco. The advice that they
were operating under was based on State Solicitor's Office advice,
which at the time said that the department was not or did not hold the capacity
to be a body corporate to hold a particular licence; therefore, the SSO advice
at the time was that the department did not need a licence and was in fact
on-selling tobacco on the basis of the licence of the wholesaler or the
retailer that was actually providing the product to the particular prisons.
Since then, there has been other advice from the Department
of Health to the contrary. I might add that the SSO advice that the prisons
were operating under was actually received and acted upon in 2007. That advice
was actually advice that was sought and taken up when the opposition was in
government. The position that it is asking us to clarify, in terms of what we
are doing now, is exactly the position that it sought advice on, took up and
acted upon. It is the very same as the question the member for Cockburn is
raising. In short answer to his question, we do now hold the appropriate
licences. We are acting on the recommendations or the advice that came from the
Department of Health, which is the appropriate group to seek that advice from.
Now all the prisons have the appropriate tobacco licences.
Mr F.M. Logan : Have you got the licences?
Mr D.T. REDMAN : Yes, we have.
Mr F.M. Logan : So does each individual prison have a
licence?
Mr D.T. REDMAN : Yes. Now that the member for Cockburn has
raised this issue, I would like to bring up a point he raised in budget
estimates. We were sitting on the front bench in the other chamber and the
member for Cockburn ran out of questions to put to the government. The member
was visibly watching his phone and taking text messages; and sitting above him
in the public gallery was the secretary of the Western Australia Prison
Officers' Union, who was also busily looking at his texts. They were
beaming the messages to each other! The only thing missing were the wires
hanging down to the member's hands from above, so he could punch in the
right message! Members opposite got it wrong when they were in government. They
received the advice, but it was this government that acted upon it and has now
put it to rights. This government has acted and has done exactly the right
thing.
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