STATES DEFY HOWARD ON DRUG TRIAL

JOHN Howard raised the stakes in the injecting-rooms row last night,
saying he had asked for legal advice on how to stop some states
setting them up.

But his firm stance was matched by the NSW, Victorian and ACT
governments yesterday, which said they would press ahead with plans
for shooting galleries despite the Prime Minister's calls for them to
abandon the schemes.

Mr Howard, who intervened after UN advice that Australia risked
breaching international treaties if it went ahead with the plans,
denied he was "threatening or bullying" NSW, Victoria and the ACT.

But he reminded the three governments that paying regard to treaties
was in Australia's best interests.

"Part of what is good for Australia is paying some regard to treaties
that we signed, and part of co-operation between the Federal
Government and a state government is for a state government to
recognise that," Mr Howard said.

The UN's International Narcotics Control Board has advised the NSW and
Federal governments that injecting rooms would be a contravention of a
1961 international drug-control convention, to which Australia is a
signatory.

"I have now been put on notice that there could be a breach and we are
going to have a look at it," Mr Howard told radio 2UE.

He is seeking advice from Attorney-General Daryl Williams on how the
Federal Government could use the UN treaty to invoke its external
powers to scuttle the injecting rooms.

The Prime Minister said that while Australia could ignore its
obligations under an international treaty, "many people would see
conventions relating to issues like drugs in a different light than
they would see conventions relating to issues such as the
environment".

He has written to NSW Premier Bob Carr, asking him not to proceed with
his planned injecting room until the Federal Government has considered
the implications of the advice.

Mr Howard said last night that it was impossible for a prime minister
to sit on the fence in relation to heroin.

"What a prime minister says on something like this does sort of send a
message," he told ABC TV's 7.30 Report.

He has sought talks with the NSW, Victorian and ACT governments on the
issue.

Mr Howard received advice from the narcotics board after NSW Special
Minister of State John Della Bosca wrote to the board outlining plans
for the injecting room.

Mr Della Bosca wrote the letter after he became aware that members of
the public had written to the UN agency. But yesterday he dismissed
the UN's advice.

"It's our view that the medically supervised injecting-room trial does
not contravene any international conventions or obligations of either
the national government or the NSW government," he said.

Victorian Health Minister John Thwaites said his Government would
press ahead with plans to establish five injecting rooms.

"That prohibitionist stance, the traditional stance of the United
States, has been a disaster. They've got the worst drug problems in
the world," he said.

"This is just a trial we're talking about, but it's a trial that has
to take place if we're going to reduce the terrible death rate from
heroin overdose."

Mr Thwaites said the Bracks Government would consult with the
Commonwealth.

ACT Chief Minister Kate Carnell said she had received legal advice
that the planned Canberra injecting room did not breach the treaties.

Federal Opposition Leader Kim Beazley also said he had had legal
advice that the injecting rooms posed no threat to Australia's
international obligations. "It is sad that the Prime Minister chooses
to look backwards another untimely use of the rear-vision mirror," he
said.