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

Mr Speaker, I have a question to you. It relates to a ruling you made on 16 August about the nature of offensive words in this place, when you relied on a ruling made in 1955 by the then Chair of the Senate, the Deputy President, Senator Wood. I have written to the Clerk of the Senate for advice about this matter, and particularly the Senator Wood ruling on which you relied. I have received a reply dated 30 August, a copy of which has been supplied to your office. In summary—

Wilson Tuckey (O'Connor, Liberal Party) Share this | Link to this | Hansard source

Mr Speaker, I rise on a point of order. The standing orders relating to questions to you do not give the opportunity for an interrogation. They are not allowed to be questions that seek an opinion. They are consistent with the other rules relating to questions. The member has other means by which she can pursue this matter, and I ask that you rule her question out of order.

David Hawker (Speaker) Share this | Link to this | Hansard source

I thank the member for O’Connor. He raises a valid point of order. I am listening carefully to the Manager of Opposition Business. As she would be aware, questions to the chair are normally to be related to administrative matters; others have been allowed. I am listening carefully, but I would ask her to come to her question.

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

Certainly, Mr Speaker. The advice obtained from the Clerk of the Senate says, in very brief summary, that the 1955 ruling on which you have relied has not been relied on in the Senate for at least 25 years and, secondly, that in the view of the Clerk of the Senate it does not add any level of clarity to the decision which must be made by the chair. Mr Speaker, it would seem a very odd result indeed to me that we would rely in the House on a ‘Senate reasoned interpretation’, as it is referred to by the Clerk, for practice down here when that same reasoned interpretation—

David Hawker (Speaker) Share this | Link to this | Hansard source

I would ask the member to come to her question.

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

has not been relied on in the Senate for 25 years. I ask you, in view of this advice from the Clerk of the Senate, to reconsider your ruling of 16 August and to issue some clarifying remarks during the course of this week.

David Hawker (Speaker) Share this | Link to this | Hansard source

I thank the Manager of Opposition Business and note the comments that she has raised. I will say two things. First of all, there was not a ruling, as she referred to it. I think it was an explanation, if she looks carefully at the current House of Representatives Practice. On all these matters it is up to the chair to make a decision. That is precisely the course that I have followed and that is precisely the course I will continue to follow.