Paul Scarr (Queensland, Liberal Party, Shadow Assistant Minister for Multicultural Engagement) Share this | Hansard source

The first statement I should make is that if this reference did go to the Legal and Constitutional Affairs References Committee, which I chair, we would have the benefit of Senator Ghosh's obvious deep well of experience, and I commend the senator on the thought and reflection which he put into that contribution. If this did go to the references committee, we would have the benefit of that expertise, along with that of other members of the committee.

I don't see Senator Rennick's terms of reference as necessarily being objectionable on the face of it. My main concern is the workload of both the Legal and Constitutional Affairs Legislation Committee and the Legal and Constitutional Affairs References Committee. There's a lot of important legislation coming through this place. It does need rigorous examination, and we also already have some very important references which we're trying to finalise. I believe—and I say this in good faith—that all of us need to consider the workload which is placed on the secretariat in particular and their ability to manage inquiries such as this. So I'd just like to put that on the record.

I don't believe Senator Rennick is proposing anything other than in good faith. I think that Senator Ghosh's reference to the independence of the judiciary is actually reflected in the preamble to the terms of reference, which talks about upholding the separation of powers. There were some remarks that Senator Rennick made with respect to what he considered should be the ambit of a judicial commission, which I think would be ventilated in the course of an inquiry. On the face of it, from my perspective, I would have thought a judicial commission would need to consider what role it plays in terms of section 72 of our Constitution, dealing with the judicature, which Senator Ghosh referred to. Senator Ghosh referred to the provisions accurately.

This parliament does have a role in terms of considering the removal of a judge on the ground of proved misbehaviour or incapacity, but there is a question as to how this parliament would come to that view. I think a judicial commission potentially has a role in that regard. But, as I say, the committee on which I'm serving at the moment has a very large workload, as does the Legal and Constitutional Affairs Legislation Committee, and I think the Senate needs to consider that, notwithstanding, on the face of it, the worthy nature of this referral.

Debate interrupted.