Remember to press "Refresh" to get the most recent version of this document.
This is the page on which reside administrative decisions required to be recorded.
ATTORNEY GENERAL - Peter Hickey advice to Speaker Neil Spall, 15 August 2004
Neil:
The short answer is no.
One has to look at the legal requirements incumbent on the President in
this
situation. First, under Article 5.18 of the Constitution, "The
President
must, at the beginning of each session, and may at other times, give
the
National Assembly information concerning the affairs of the
Commonwealth and
recommend the measures they consider necessary." The only time the
President is required to give information is at the beginning of the
session. Kerns' request comes in the middle of a session; thus, the
provision of info to the Assembly by the President is optional.
Second, under Article 4.27(2), "Every public officer must give any
evidence
or produce any document required by a deputy before the National
Assembly
unless the Speaker certifies that production of the document is
injurious to
the public interest or prejudicial to national security." Kerns is not
a
deputy. Because he is not a deputy, he has no standing to request a
subpoena from the Speaker. If a deputy were to request such a
subpoena, you
would be obliged to grant it. But these requests come from a Chief
Justice
whom I am seriously concerned is overstepping the requirements of
judicial
neutrality by his active participation in Assembly debates. My advice
as AG
is to deny the Chief Justice's requests and to admonish him concerning
his
improper participation in political matters.
Regards, Peter
Neil Spall wrote:
Peter
In you opinion, as Attorney-General, are there grounds for either of
Kens
requests?
Neil
Ken Kerns wrote:
Mr Speaker,
It is only arrogant for the President to assume that, as President, he can
deliberately ignore questions that will prove his proposals unnecessary.
I ask that you subpoena the President's response to these issues, or impeach
him for nonfeasance; I'm pretty sure he'll offer his opinion if given the
legal alternatives.
