Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Hansard source

Are you changing your position now, member for Sturt? The member for Sturt is showing what this is all about. This is not about substance or about youth allowance; this is actually about trying to create chaos in this House, trying to make the position unworkable and trying to cause these issues. The member for Melbourne argued that the National Health Amendment (Pharmaceutical Benefits Scheme) Bill 2010 was the same and was passed by the House, but, if you look at the advice of the Clerk, he makes it clear that this is not a helpful example. In his advice he said: ‘The PBS bill is not a helpful precedent for the regional students bill.’ That is because this bill was sponsored by the government, the expenditure was for agency operating costs, and government lawyers and drafters did not consider the bill an appropriation bill. This is because agency appropriations are separate and specific appropriations agreed by the government. As such, this bill did not need a message from the Governor-General and was not considered to increase an appropriation.

So have been no exceptions since Federation to the way that the government is dealing with this bill. But I say to the House that we should not go down the road of questioning rulings made by the Clerk of the House or the Speaker of the House, or the proper functioning of the House in accordance with the Constitution, House of Representatives Practice and standing orders. In all organisational forms, whether it be the parliament or the local football club or indeed the rules of sporting codes, you have to abide by the rules. Some of that is based upon stipulation, in terms of a strict application of those rules. Some of it is based upon convention—convention that people will stick to the rules that have been established. The standing orders are important and the House of Representatives Practice is important, but nothing is more important than the Australian Constitution. We are a parliamentary democracy. The foundation of the parliament’s functioning is derived from the Australian Constitution. I commend my motion to the House. I ask that the House not support the amendment moved by the member for Melbourne. I ask that we engage in this House in a way which pays due respect to the Constitution and to the rules and practice of this House.

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