Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Hansard source

I let it go on and now I am asking you to remove yourself under 94(a). The member is named.

I move:

That the member for Cowper be suspended from the service of the House.

The question is that the member be suspended from the service of the House. All those of that opinion say aye, the contrary no. The ayes have it. Division required. In accordance with standing order 133, the division is deferred until the commencement of the next sitting. The member will remove himself from the chamber.

Honourable members interjecting—

You do not have the call.

Honourable members interjecting—

You are not entitled to yell at me until I give you the call. The member for Warringah.

Madam Deputy Speaker, there has been no resolution of the House—

Mrs Gash interjecting

I ask the member for Warringah to sit down. The member for Gilmore will remove herself from the chamber.

On what basis?

On the basis that I found that remark offensive and a reflection on the chair. I will call the member for Warringah when the member for Gilmore has removed herself. The member for Gilmore has been in this place long enough to know that she has been reflecting on the chair.

The member for Gilmore then left the chamber.

Madam Deputy Speaker, since Federation, this parliament has functioned on the basis of respect for whoever is in the chair. I am very familiar with standing order 94(a), because over the last term on more than 190 occasions members of the then opposition were asked to leave the chamber. Not once was that questioned—not once. I ask the Leader of the Opposition to show leadership—

The Leader of the House will resume his seat.

Madam Deputy Speaker, if we can return to the matter that you were previously dealing with and where you indicated that you would give me the call, the point of order I was raising is that no motion of the House has been carried and, on that ground, you cannot ask the member for Cowper to remove himself.

The member for Warringah will resume his seat. As was discussed earlier today, you may not be happy with the new standing orders, but they were put in place prior to coming into the House today. I am operating under the standing orders as they apply today.

Madam Deputy Speaker, on the point of order that was raised by the member for Warringah, he was, I assume, referring to the naming and the suspension for 24 hours that would follow. Prior to that event, you had quite properly in accordance with standing order 94(a) requested the member for Cowper to leave the chamber. Standing order 94(a), in part, reads:

The direction shall not be open to debate or dissent, and if the Member does not leave the Chamber immediately, the Speaker can name the Member under the following procedure.

The following procedure was the subject of the division. The prior requirement under standing order 94(a) for the member for Cowper to remove himself for one hour is not open to debate. Everyone in this chamber knows that, and it has been obeyed without exception by anybody from the time it was inserted under former Speaker Martin. I would therefore suggest that the member for Cowper should remove himself for the hour, as has been the practice ever since that standing order was put in place—without exception.

Madam Deputy Speaker, the member was named. You asked for a vote. The vote on the voices was challenged. A division was called for. No division was held. Therefore, no decision of this chamber has been made and the member has a right to be heard. If the government does not have the numbers on the floor of the chamber, it should give it to someone else.

The member for North Sydney will resume his seat. The member for Cowper will remove himself from the chamber. The member for Cowper’s refusal to leave the chamber places the chair in an untenable position. The sitting is suspended until the ringing of the bells.

Order! Today’s events have been of considerable concern to me. I repeat my earlier statement that I understand that some members have concerns about the arrangements for Friday sittings. I wish to express my full confidence in the work of all occupants of the chair today in what have been difficult circumstances. If our House is to expect the community to have confidence in it, all members should conduct themselves with decorum and dignity regardless of their views about particular matters, including the conduct of business on future Fridays. The time for the grievance debate has expired. The debate is interrupted and I put the question:

That grievances be noted.

Question agreed to.

Earlier today the member for Herbert drew the attention of the Speaker to the state of the House. In accordance with standing order 55(c) I will count the House if the member so desires. I ask the member for Herbert to indicate if he requires a count of the House to be taken.

Mr Speaker, my request was before lunch. I require this parliament to operate properly. I require a count of the House.

The House having been counted and a quorum being present—

Quorum present. Order! The House will now adjourn until 2 pm on Tuesday, 11 March 2008.

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