Thursday, 12 September 2024

Rulings from the Chair

Section 85 statement

The PRESIDENT (10:17): Yesterday Mr Davis raised a point of order about whether the Attorney-General should have made a section 85 statement as part of her second-reading speech for the State Civil Liability (Police Informants) Bill 2024. Mr Davis referred to the Scrutiny of Acts and Regulations Committee Alert Digest No. 11 of 2024, which included a comment on this issue. SARC also wrote to the Attorney-General seeking further information about whether a statement addressing the alteration of the jurisdiction of the Supreme Court should be made. It is not the role of the President to determine whether a section 85 statement is required for each bill. That is the responsibility of the member introducing the bill. Any alleged failure to make a section 85 statement is a matter for the Supreme Court when later interpreting the effect of the bill if it is passed and becomes law. If a member of the Council wishes to seek further clarification from the Attorney-General about the effect of the bill on the jurisdiction of the Supreme Court, they can raise it in debate and they also have the opportunity to ask the minister about this during the committee stage.

David Davis: Thank you, President, for your response. Further to that point of order, SARC raised a number of points, and the minister might like to respond to those formally by circulating a letter.

Jaclyn Symes interjected.

David Davis: Fantastic, lovely – thank you. That is right in the timeline of the bill.