Bob Brown (Tasmania, Australian Greens) Share this | Hansard source

Senator Brandis repeats that it is the case that within the Liberal Party—note the name—members do not have the ability to have a free vote on what should be a matter of conscience. But that is up to that party and its several members to determine; it is not a matter which relates to this vote today. This legisla­tion is important in enhancing democracy. It is one of the four pillars of the Greens party's established philosophy that we do enhance democracy where we can. I notice some criticism that I have moved in the past to have the parliament—never to have a minister but to have the parliament—use these powers to, for example, override the locking up of Aboriginal children in jail in the Northern Territory because they stole biscuits. We will remember the outcome of that, which was that the legislation did pass the Senate. It went to the House and then Prime Minister Howard contacted the Chief Minister of the Northern Territory and offered the funding which ceased that practice of locking up Indigenous children, which had led to a horrible outcome regarding one child. It has not occurred since then, so it was an outcome which was worth while at that time. The ability of the parlia­ment to legislate or to put pressure upon the territories remains under this legislation. There is nothing inconsistent with my behaviour in wanting good outcomes and the proposal that is before the Senate today.

That said, we will oppose Senator Humphries's effort to not have this bill considered. I would have thought voting it down is one thing; to try and put it on the never-never and come to no conclusion, as Senator Humphries wants to do, to leave the voters of the ACT and the Northern Territory in limbo, would be the worst outcome possible. It is bucking the need for there to be a determination. Finally, I thank the chief ministers of both territories for their support, and most recently Katy Gallagher, the Chief Minister of the Australian Capital Territory. She has written to all members saying:

The Committee—

she is referring to the Senate committee—

has recognised that our Assembly and its Members have "demonstrated a high level of maturity and competence over many years". I believe, as you do, that it is time the ACT's self-government arrangements reflected this and it is my sincere hope that you will support the passage of this Bill to allow the citizens of the ACT to have their views represented in a legitimate, democratic parliament—the birthright of all Australians.

I could not put it better myself. I look forward to this legislation passing this place and hopefully passing the House of Repre­sentatives so that it will soon pass into law. Question put:

That the amendment (Senator Humphries's) be agreed to.

The Senate divided. [11:07]

(The President—Senator the Hon. JJ Hogg)

Question negatived.

Original question agreed to.

Bill read a second time.