Dionne Rose, Parliamentary Reporter

Parliament will have to decide whether it will retain or remove the death penalty from the new Charter of Rights Bill.

Dr. Peter Phillips, Leader of Government Business in the House of Representatives, told Parliament on Tuesday that the joint select committee which considered the legislation had not made any recommendation in relation to the death penalty.

The committee's report was also tabled in the House on Tuesday. Dr. Phillips said there were two matters on which it made no recommendation in relation to the death penalty.

Right to life

"These two matters were the questions (as to) whether the provisions creating the death sentence exceptions to the right to life and to protection from torture or inhuman or degrading punishment or other treatment, should be retained or deleted from the charter," said Dr. Phillips.

He said the provisions will be retained for the time being, pending a determination of that question by Parliament. That determination, the report suggests, could be made on a free-conscience vote.

Dr. Phillips said another matter to be determined by Parliament is the question of whether there should be a constitutional guarantee of the right to trial by jury and how that right should be formulated.

The committee has also left it to Parliament to decide on the precise formulation of new provisions for the right to vote.

Same-sex marriage

Meanwhile, Dr. Phillips said, the committee had recommended that 'same-sex' marriage would not be recognised in the charter.

On the matter of the freedom of religion, the committee was persuaded by submissions made on behalf of a number of religious organisations that there was good reason to deal separately with the freedom of religion also, in provisions similar to those now included in section 21 of the existing Constitution.

Dr. Phillips said the committee did not accept submissions that provision should be included in the charter to guarantee protection from discrimination on the grounds of sexual orientation, language, mental or physical disability or health status (including HIV/AIDS).