House of Assembly - Fifty-Second Parliament, First Session (52-1)
2011-09-15 Daily Xml

Contents

DRUG TRAFFICKERS

Mr ODENWALDER (Little Para) (14:51): My question is to the Attorney-General. Can the Attorney-General inform the house about progress on the government's promise to bankrupt declared drug traffickers?

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice, Minister for Urban Development, Planning and the City of Adelaide, Minister for Tourism, Minister for Food Marketing) (14:51): I thank the honourable member for that question and I note his interest in this important matter. I think people here probably all know that illicit drugs cost our community a great deal every year.

In 2008, a study prepared for the Australian government Department of Health and Ageing estimated that the total costs of illicit drug consumption in Australia were at a minimum $8.2 billion. Drug & Alcohol Services South Australia estimates the social costs of illicit drug consumption in this state to be about $600 million. The human misery and tragedy associated with illicit drugs are, of course, beyond measure.

The government, before the last election, made a promise to further crack down on the drug barons and, in particular, made a promise that, if re-elected, we would bankrupt these people when they were convicted of serious drug offences. A bill in relation to this matter is now in the other place, and I have to advise the chamber that in the last few days we have received a copy—

Mr PISONI: Point of order: 120—reference to debate in the other house. I believe it is disorderly. It is disorderly to refer to debate in the other house.

The SPEAKER: I think the Attorney-General can go on speaking. If he was attempting to influence the course of the debate in the other house, then I would have to stop him, but I am sure he is not intending to do that.

The Hon. J.R. RAU: That would be impossible. I do note that the official opposition has made it clear that their position in relation to this is to extract every one of the teeth in the government's legislation and, ironically—

Mrs REDMOND: Point of order, or rather, a point of clarification. I am puzzled by your interpretation of standing order 120, which clearly says, 'A Member may not refer to any debate in the other House of Parliament or to any measure impending in that House.' I am puzzled as to how that can possibly be interpreted as allowing a member in this place to be discussing something which is clearly a debate in the other house at the moment.

The SPEAKER: I think if we stopped referring to debates in other houses we would never really be talking about anything. I don't uphold that point of order.

The Hon. J.R. RAU: I will not refer to anything said in—

Members interjecting:

The SPEAKER: Order!

The Hon. J.R. RAU: I will not refer to anything said in another place.

Ms CHAPMAN: Point of order.

The SPEAKER: Point of order, member for Bragg.

Ms CHAPMAN: Madam Speaker, as you would appreciate, the very reason we have standing order 120 is to ensure that members of this house, particularly in government, don't—

The SPEAKER: Thank you, member for Bragg. You can sit down—

Ms Chapman interjecting:

The SPEAKER: There is no point of order in what you are saying; however—

Ms Chapman interjecting:

The SPEAKER: Would you sit down, member for Bragg? If it means so much to you, then I would ask the Attorney-General not to refer to anything that is happening in the other house. I am sure this is not about you, Attorney-General; I am sure this is about me.

The Hon. J.R. RAU: Thank you, Madam Speaker. I will say nothing about what is happening, or may be happening, somewhere else, but I will say it is the well-known position of the opposition that they will oppose the measures contained in the government bill, with the effect that an ordinary South Australian who cannot pay their debts and is subject to the Australian law relating to bankruptcy is in a worse position—

Ms CHAPMAN: Point of order, Madam Speaker.

The SPEAKER: Order! Point of order, member for Bragg.

Ms CHAPMAN: The Attorney-General is now clearly debating the matter and making allegations in that debate about what the opposition's position is on a particular bill. I ask you to order him to sit down.

The SPEAKER: Attorney-General, can you be very careful in your remarks and go back to the substance of the question?

The Hon. J.R. RAU: As I was saying, Madam Speaker, according to the publicly declared position of the opposition, they would have this bill neutered to the point where a bankrupt—

Ms CHAPMAN: Point of order: poor it may be, but that is debate.

Members interjecting:

The SPEAKER: Order! The Minister for Veterans Affairs, do you have a point of order?

The Hon. T.R. KENYON: Just on the point of order, ma'am: clearly restating a public fact is not debate.

Members interjecting:

The SPEAKER: Thank you. I think that the Attorney-General is addressing issues of public policy. There are varying opinions on this, but we will get back to the substance of the question, minister.

The Hon. J.R. RAU: Thank you very much, Madam Speaker. Can I also say, very importantly, that the Law Society of South Australia is a very important body. They represent the lawyers of South Australia who actually make up the people who contribute to the Law Society, and they are good people doing a good job; but, for reasons that escape me, the opposition has decided that they will be the substitute policy engine—

Ms CHAPMAN: Point of order.

The SPEAKER: Order! Point of order, member for Bragg

Ms CHAPMAN: Madam Speaker, again the Attorney is referring to the opposition's position on a bill and attempting to debate our alleged position on a matter. Now, that is clearly a debate point that he is trying to make about our position and what we should be doing about it. That is, in my view, clearly debate, and I ask you to rule on it.

The SPEAKER: Again, I think it is a matter of interpretation. The question was: can the Attorney-General inform the house about progress on the government's promise to bankrupt declared drug traffickers?

The Hon. J.R. RAU: Madam Speaker, I realise it is upsetting them a bit, so I will not go on much longer, other than to say, in addition to the confiscation of assets bill, so far they have also done the same act of vandalism—if I can put it that way—in relation to the weapons bill—

Mrs REDMOND: Madam Speaker—

The SPEAKER: Order!

Mrs REDMOND: —yet again the Attorney debates the issue rather than abiding by your ruling.

The Hon. J.R. RAU: Perhaps if I substitute the phrase 'delete everything significant' for the word 'vandalism', I can go on—the criminal intelligence bill, the prescribed motor vehicles bill and, of course, perhaps other legislation relating to guilty pleas.

The SPEAKER: Point of order, member for Waite.

Mr HAMILTON-SMITH: Madam Speaker, could I ask that you give a considered determination to the house on standing orders 120 and 119, not only in respect of the answer just given but in respect of an earlier answer in question time from the Minister for Small Business who, in answering a question on the Small Business Commissioner Bill, in contravention, I argue, of standing order 119, reflected upon a vote that had been held in the house without moving that the vote be rescinded.

I also put to you, in respect of standing order 120, that the Minister for Small Business attempted to influence a debate yet to be held in the Legislative Council on that same bill. That standing order specifically says:

A Member may not refer to any debate in the other House of Parliament or to any measure impending in that House.

I believe the Minister for Small Business has done exactly that. He made specific reference to the legislation and to the votes of members in the house. I ask you to give considered advice to the house so that we know your position in future.

The SPEAKER: Then I will go back and read the Hansard very, very carefully and report back to you, if it is so important.