Julia Gillard (Lalor, Australian Labor Party, Shadow Minister for Health and Manager of Opposition Business in the House) Share this | Link to this | Hansard source

I move:

That the Deputy Speaker’s ruling be dissented from.

Mr Deputy Speaker, clearly the ruling you have made is wrong.

Tony Abbott (Warringah, Liberal Party, Leader of the House) Share this | Link to this | Hansard source

Mr Deputy Speaker—

Julia Gillard (Lalor, Australian Labor Party, Shadow Minister for Health and Manager of Opposition Business in the House) Share this | Link to this | Hansard source

Are you going to gag me on a dissent motion after that display; is that what you are going to do? You are an arrogant fool.

Peter Lindsay (Herbert, Liberal Party) Share this | Link to this | Hansard source

I move:

That the member be no longer heard.

Opposition members interjecting—

The Leader of the Opposition will resume his seat. Please facilitate the chair. The chair did not hear the motion moved by the Leader of the House. I want to hear that motion and then I will take your motion. Could the Leader of the House please repeat the motion.

Tony Abbott (Warringah, Liberal Party, Leader of the House) Share this | Link to this | Hansard source

I moved:

That the member be no longer heard.

Kim Beazley (Brand, Australian Labor Party, Leader of the Opposition) Share this | Link to this | Hansard source

Mr Deputy Speaker, I rise on a point of order. It starts with the nature of the withdrawal by the Leader of the House which was in a form of withdrawal that has been found to be completely unacceptable here and which I have on numerous occasions been obliged to change and have conformed. All this trouble basically started with him. Frankly, Mr Deputy Speaker, you were on your feet when the Leader of the House came to the table—

Patrick Secker (Barker, Liberal Party) Share this | Link to this | Hansard source

Mr Deputy Speaker—

Ian Causley (Page, Deputy-Speaker) Share this | Link to this | Hansard source

Order! The Leader of the Opposition will resume his seat. There is another point of order. I remind the member for Barker that he is able to take a point of order in the middle of another point of order provided it is not designed to interrupt the point of order that is being taken. You cannot cut short a point of order. I call the member for Barker.

Patrick Secker (Barker, Liberal Party) Share this | Link to this | Hansard source

Mr Deputy Speaker, I rise on a point of order. Standing order 78 clearly says you cannot debate that motion, and that was not a point of order. The Leader of the Opposition has not used any number in his point of order. It is clearly a debate and he should be sat down.

Ian Causley (Page, Deputy-Speaker) Share this | Link to this | Hansard source

I thank the member for Barker. The Leader of the Opposition may proceed.

Kim Beazley (Brand, Australian Labor Party, Leader of the Opposition) Share this | Link to this | Hansard source

My point of order is this: when the Leader of the House was attempting to move a particular motion, you were on your feet, Mr Deputy Speaker. I sat down and he did not. Then you, apparently on instruction from him, sat down. Mr Deputy Speaker, you cannot conduct the affairs of this chamber in that way. You are letting them run roughshod all over you.

Ian Causley (Page, Deputy-Speaker) Share this | Link to this | Hansard source

The Leader of the Opposition will withdraw that reflection on the chair. The Leader of the Opposition indicated that I took an instruction from the Leader of the House. I did no such thing. The Leader of the Opposition will withdraw that implication.

Kim Beazley (Brand, Australian Labor Party, Leader of the Opposition) Share this | Link to this | Hansard source

Mr Deputy Speaker, if you take offence at that, I withdraw it.

Ian Causley (Page, Deputy-Speaker) Share this | Link to this | Hansard source

Thank you. Yes, the Leader of the House was on his feet. There was a bit of temperature here in the House. He was the next speaker. To facilitate the House, it seemed to me proper to allow him to continue. There was no indication in relation to avoiding the standing orders when the Speaker is on his feet. Please accept that. The motion before the House is that the member for Lalor be no longer heard.

Question put.

Anthony Albanese (Grayndler, Australian Labor Party, Deputy Manager of Opposition Business in the House) Share this | Link to this | Hansard source

I second the dissent motion, which is a direct result of this government dripping in arrogance. You cannot have a motion moved in the parliament that ‘a snivelling grub be no longer heard’.

Peter Lindsay (Herbert, Liberal Party) Share this | Link to this | Hansard source

The member for Grayndler will resume his seat.

Anthony Albanese (Grayndler, Australian Labor Party, Deputy Manager of Opposition Business in the House) Share this | Link to this | Hansard source

I move:

That the member be no longer heard.

A division having been called and the bells being rung—

I raise a point of order, Mr Deputy Speaker. Given that this is during a dissent motion, I just wonder who had a vote on this motion that the minister at the table has just moved. There has been no vote and no division called. The point of order is there has been no vote.

I thank the member for Grayndler. The member for Grayndler will resume his seat. The question is that the member be no longer heard.

Why are the bells ringing?

You didn’t put the question.

Okay. Thank you.

Mr Albanese interjecting

I thank you for your advice, and the member for Grayndler will resume his seat. The Clerk’s advice is that you are correct: we did not technically call a division. However, it was implicit.

Mr Deputy Speaker, I—

The member for Grayndler will resume his seat. Member for Grayndler, let me rule on your point of order. Just calm down! The chair will rule on the member for Grayndler’s point of order. I accept the member for Grayndler’s point of order. I will restate the question and we will re-ring the bells for one minute.

Mr Albanese interjecting

After I put the question. The question is that the member be no longer heard. All those of that opinion say aye; against no. I think the ayes have it. Is a division required? Ring the bells for one minute.

A division having been called and the bells being rung—

Mr Speaker, I raise a point of order. There is a real problem here, Mr Speaker. This is the middle of a dissent motion against Mr Deputy Speaker’s ruling. I would respectfully suggest to you that you do not take the chair until the motion is disposed of; otherwise, it puts us in a ludicrous position because he is now no longer in the chair.

I thank the Leader of the Opposition. This is an unusual situation, I admit, but I have just taken advice too. The ruling is against the chair, not against the individual; therefore, it is perfectly in order for me to be sitting here. And it is time to lock the doors. The question is that the member be no longer heard.