Zali Steggall (Warringah, Independent) Share this | Hansard source

I second the motion moved by the member for Melbourne in relation to suspending standing orders to enable proper conduct in this place. To be very clear about what happened today, the government moved a very specific procedural motion to limit debate on the second reading of a controversial bill to 40 minutes. It then included in that procedural motion very specific provisions for questions to be put at the consideration in detail stage, with an express provision for the opposition to be able to put its question and then for a separate question to be put by crossbench members.

The second reading was not concluded in accordance with that motion. It went beyond that 40 minutes. The opposition was then given the call to move its amendment at the consideration in detail stage, and the record indicates that was at 1.45 pm. But, upon seeking the call following the division that ensued, I was overlooked by the chair, and the chair proceeded to go straight to that. At no point was there a question of any member of government standing to say that I was unable to seek the call from the chair to move my consideration in detail amendment, because of there being a decision to revisit the 1.40 time line. It's clear that, when the opposition were given the opportunity to move their amendment past the time in those provisions, the government had waived the provisions of that motion.

It does give rise to a question—I would say a legal question. Once the government allowed the opposition to move their amendment at consideration in detail at 1.45, it had departed from the motion, its own procedural motion. Unless there was intervention by the government to deny the call being granted to me to be able to move my consideration in detail amendment, I respectfully put that it was not within the power of the Speaker to ignore my request for the call to move that motion, because no-one from government sought to deny me that call by saying that the motion limited it.

There is a procedural question here that really raises questions of the integrity of the chamber and the way this works, and I think it puts the Speaker in a really difficult position. I do not wish to cast any negative imputation or anything in relation to the role of the Speaker, but it has put the Speaker in a very difficult position as to the proper management and operation of the House, by the conduct of the government itself. It has failed to implement its own procedural motion and then allow for proper debate to occur.

So that we're really clear, the consideration in detail amendment that was proposed and circulated was to provide that women at risk of or suffering from domestic violence or abuse could not be provided a removal order by the minister. Everyone in this place stands up time and time again to say that they stand for fighting against domestic violence and protecting the rights of women. Yet here we had a real case, an opportunity to make sure that law was not going to be a complete overreach when it comes to women and children in situations of domestic violence and abuse, and the government did not comply with its own motion to allow me to move that amendment. That is why we should be suspending standing orders and revisiting the question.

If, legally, there is a question that we've departed from that procedural motion then the provisions of the standing orders should be regenerated. On the question of reconsideration, standing order 154, for example, specifically provides:

Before the third reading of a bill is moved, a Member may move without notice that a bill be reconsidered in detail, in whole or in part, by the House.

I sought to do that, trying to go by the book, relying on these standing orders. But what was made clear today, by how the House operated and the really difficult position the chair was put in, was that it appears to be a free-for-all. It appears that the government can move a procedural motion that makes specific considerations and provisions for the debate and the process for a bill—rightly or wrongly, of course; I'll put aside my concerns around the curtailing of debate—but then depart from that without amending the motion and, I would say, put the whole consideration in question as to the legitimacy of the vote that occurred. The only way that can be fixed is by supporting this motion to suspend standing orders, return to the question and enable standing order 154 to be engaged so that the bill can be reconsidered and consideration in detail can properly proceed.

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