Senator BOLKUS —My question is addressed to the Minister representing the Prime Minister. Minister, do you agree with the statements of the Chief Justice of the High Court Sir Gerard Brennan, in his letter to the Deputy Prime Minister, that `public confidence in the constitutional institutions of government is critical to the stability of our society'? Can you explain, Minister, how the continuing criticism of the High Court by the Deputy Prime Minister and by the Queensland Premier, including their personal attacks on High Court judges, can in any way at all be conducive to the maintenance of public confidence in one of our most important constitutional institutions?

Senator HILL —I certainly do not know of any personal attacks on High Court judges, and I would not agree with it. It is important for the community to maintain confidence in the constitution and confidence in the High Court. But that does not mean that one is not allowed to criticise particular judgments. I certainly have not agreed with every judgment that has been given in the High Court. When I disagree, I am happy to argue my case. In this instance, no doubt those that you refer to were doing just that.

Senator BOLKUS —Madam President, I ask a supplementary question. Minister, are you trying to tell us that Mr Fischer's accusations of the High Court indulging in `unacceptable activism', Mr Borbidge's description of—

Government senators —Who?

Senator BOLKUS —Sir Gerard Brennan's defence of the Hight Court as `pathetic and lamentable' and Mr Borbidge calling some High Court judges `dills' are not criticisms that undermine public confidence in the High Court? Minister, it has been some eight weeks since Sir Gerard Brennan's letter to Mr Tim Fischer. When will the Prime Minister show some leadership on this issue and defend the High Court against some of these unwarranted attacks?

Senator HILL —I think Senator Bolkus was referring to Mr Borbidge. That is the trouble when you read your leader's questions without checking them first, Senator. I think there has been nothing illegitimate in what Mr Fischer has said. I do not think anything Mr Fischer has done has had any effect to undermine public confidence in the court. The whole issue of judicial activism is one that rises from time to time, and really it depends a little bit on your interpretation of the judgment.