Joe O'Toole (Independent)

I do not wish to cast aspersions on Michael Smith as he is an honourable person. That is not the issue. The issue is the process. I want a debate on this. I want everyone to go on the record, including the Leader's colleagues who, I am sure, feel the same as me, although when it comes down to it, they will be covered by the party Whip. There is a process that must be followed, and we must have full consultation.

This is an unusual week. Senator Norris and I, and probably the Leader, will remember that this is the anniversary of the week in which we tried to rush through the rod licence legislation many years ago. We said then it was wrong and it turned out to be so. The Health (Miscellaneous Provisions) Bill goes to the very core of what we do here as legislators. It is in the area between regulation and primary legislation. It raises the question of what a Department can do with regulations given to them under primary legislation. Nothing is more important than this.

I want to know the advice given by the Attorney General. Is there a flaw or a lack of safety in the decisions that have been taken to date under regulations? If so, we must also deal with the regulations and not simply correct the mistake. If I cannot have access to the written advice of the Attorney General, I want it explained in the House and I want to understand it. Every Member this House has the same duty. There are many people here who do not know the difference between statutory instruments, ministerial orders, regulations and so on. This is crucial to the way in which we do our work. If a Department uses a regulation to overstep the mark, it is doing something that was not contemplated by this Legislature. We need to know and understand the facts. We give the authority to regulate every single week and therefore we need to have a full understanding of the process. We need to be certain in our minds that we can deal with it properly.