ACT Liberals pursue Health Minister Rachel Stephen-Smith over drug reform

ACT Liberals have sought to refer the health minister to a privileges committee for contempt for comments on how the government ‘quietly’ pursued its agenda to decriminalise illicit drugs.

ACT Health Minister Rachel Stephen-Smith.

The ACT Liberals have sought to refer the territory’s Health Minister, Rachel Stephen-Smith, to a privileges committee for contempt following her comments on how the government “quietly” pursued its agenda to decriminalise illicit drugs.

In a letter to the Speaker of the Legislative Assembly, opposition whip Nicole Lawder said it was clear Ms Stephen-Smith and her Labor colleagues had “deliberately avoided” proper process ahead of passing legislation last October that decriminalised the possession of small quantities of ice, cocaine, heroin, MDMA and LSD.

The letter followed The Australian earlier this month revealing comments made by Ms Stephen-Smith at Labor’s national conference laying out how her government was to “quickly” ­implement its softer drug laws.

Ms Stephen-Smith also ­explained how Labor MPs had managed to include a recomm­end­ation in a committee report on youth mental health calling for decriminalisation of drugs for some cohorts to be explored. Ms Lawder said it was clear the government had not acted in accordance with the code of conduct, which stated that ministers “must act according to the highest standards of personal integrity and probity, and uphold the ACT’s system of responsible government”.

“The minister outlined a clear politicisation and misuse of the committee process and the deliberate avoidance of government legislative procedures,” she said in her letter to the Speaker, seen by The Australian.

“The minister clearly outlines how the ACT government colluded with Mr Michael Pettersson MLA, as chair of a Legislative ­Assembly committee, to ensure a recommendation was included in the final committee report which would then give authority for the government to implement their drugs reform agenda.”

In an attached motion, Ms Lawder called on the Legislative Assembly to “establish a select committee on privileges to examine whether Minister Stephen-Smith or Mr Pettersson have breached the standing orders by contempt”.

But the Speaker, Labor MP Joy Burch, refused to suspend standing orders for the motion to be ­tabled. Opposition Leader Elizabeth Lee said it was “an outrage” that the Labor-Greens coalition had used its numbers to “close down scrutiny” of the issue.

“We have heard, in the minister’s own words, how she went about getting this policy through by stealth,” she said.

“It is incredulous that despite the clear evidence of the minister using her position as minister to interfere in an assembly process, that Labor and the Greens have colluded to shut down debate.” The Australian understands the Liberals are exploring other avenues available to scrutinise how the legislation was passed.

Ms Stephen-Smith said the ACT public had made clear it preferred minor drug possession offences to be met with small fines and diversionary programs, rather than prison sentences.

She said the decision to go to the election “quietly” with the policy was made in order to ensure vulnerable drug users did not face any unnecessary stigma.

The decriminalisation of 1g or less of heroin, 0.0001g or less of LSD and 1.5g or less of amphetamine, cocaine, methamphetamine, MDMA and magic mushrooms will officially be in place from next month and has prompted advocates to call on other governments to consider similar reforms.

NSW Premier Chris Minns this week declared his government had “no mandate” to decriminalise drugs. His comments sparked a backlash from advocates, who urged him “to not slam the door on evidence-based drug reform in this term of government”.