Peter Garrett (Kingsford Smith, Australian Labor Party, Shadow Minister for Climate Change, Environment and Heritage) Share this | Link to this | Hansard source

My question is to the Prime Minister. I refer to evidence from Senate estimate hearings on Monday when officials were asked whether the Commonwealth has sought advice on whether it has the power to override state legislative provisions that impact on the nuclear industry in Australia. I also refer to the officials’ response that those issues are currently being examined. Prime Minister, have there been any discussions with the Attorney-General’s Department or the Australian Government Solicitor on how the Commonwealth might override state laws to enable construction of nuclear reactors?

John Howard (Bennelong, Liberal Party, Prime Minister) Share this | Link to this | Hansard source

I cannot tell the House what discussions may have taken place between other people. Let me say this: I am not aware that any formal legal advice has been sought. That is the advice I have. There is no dark secret about this. We support opening Australia up to the possibility of a nuclear industry. We do not have any current proposals for the simple reason that nuclear power is something that will come when there is an economic opportunity for it. When it does come, it will be subject to the normal processes and constraints.

But obviously, as Prime Minister, I would be interested in the constitutional position and I do not run away from that. I actually believe that this country has to embrace the option of nuclear power because, unlike the member for Kingsford Smith, I happen to believe that nuclear power is a clean, green alternative to fossil fuels. In those circumstances, if there has been informal advice sought, I have no problem with that. I am certainly interested in what the position is and I am not pretending that I would not be interested in what the result of that inquiry for informal advice might be. But as for whether we are giving it any consideration and whether we have any proposals in contemplation, no.

If you put aside the little word games that are being engaged in, it stands to reason that, if you have a policy which leaves open the opportunity of nuclear power and you are a Commonwealth government, of course you would want to know at some stage whether the Commonwealth could legislate to make it possible for nuclear power to come about. It is a bit ridiculous to have a policy and not have the conviction to want to know what is needed to implement that policy. I happen to believe that the states are wrong on nuclear power; I think the Labor Party is wrong on nuclear power—and it follows from that that I would be most interested to know what the legal power of the Commonwealth actually is.