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

Mr Speaker, I refer to your statement in the parliament on 8 May, which indicated the special circumstances arising from the budget speech and the budget reply. I refer also to your decision on the night of the budget reply to not take disciplinary action against members of the government who were clearly unruly. Further, I refer you to my letter to you of 14 May and your reply of 18 May, which indicated that you had written to the Procedure Committee, asking it to investigate what possible changes to practice could be made which would ‘give the Speaker additional options on such occasions’. I wonder whether you could report to the House on that.

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

I thank the honourable member for Grayndler. I make the observation on his first, I think, close to a reflection on the chair. I think he would be well aware that, on the night of the response of the Leader of the Opposition to the budget speech, I was rather concerned about some of the behaviour in the House. However, it was at the request of the opposition that I did not take action at that time. However, as he would be well aware, during televised presentations, such as the Treasurer’s budget address or an address to the nation by the Prime Minister or in fact the response to the budget by the Leader of the Opposition, the national broadcast does place the chair in a difficult position. Accordingly, what the chair can do in that situation is somewhat different because, as you would be well aware, I am reluctant to intervene during a national televised broadcast. I would, however, say that I have given some consideration and, as the member for Grayndler rightly alludes to, I have decided to write to the Chair of the Procedure Committee asking that the Procedure Committee look at the whole issue of what the chair could do where there is a televised national address. I do not intend to debate what the Procedure Committee may or may not do, but I would make the point to all members that they are of course free to approach the Procedure Committee if they wish to make their own submissions.

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

Mr Speaker, to make it clear, when I wrote to you on 14 May, as indicated to you immediately after the Leader of the Opposition’s speech, I agreed with your decision not to disrupt the speech in order to take action. We think that you behaved impeccably. We have no question whatsoever with your ruling on that evening. I do draw your attention, though, to page 521 of the House of Representatives Practice, which states:

The naming of a Member usually occurs immediately an offence has been committed but this is not always possible. For example, Members have been named at the next sitting as a result of incidents that occurred at the adjournment of the previous sitting of the House.

Mr Speaker, I ask whether you have considered or will consider taking such action against people, such as the member for Robertson, who were clearly out of control for the entire half an hour of that speech and whether the House of Representatives Practice leaves it available to you—

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

Mr Speaker, I rise on a point of order. The member for Grayndler is making an absolutely scurrilous aspersion on another member of the House, and that should not be done other than by substantive motion. He should withdraw that.

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

I believe that the Leader of the House raises a point that the Manager of Opposition Business is reflecting on a member under the guise of a question, and it would assist if he withdrew that.

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

I have no intention of withdrawing that, Mr Speaker.

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

The member for Grayndler has been requested to withdraw it. The member for Grayndler will withdraw.

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

Mr Speaker, nothing I said was anything other than mild. I did not reflect on the member, except to say that the member for Robertson—and he was not alone—interjected for half an hour.

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

The member for Grayndler will withdraw the accusation of scurrilous behaviour.

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

But he did interject for half an hour!

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

The member for Grayndler will withdraw the accusation.

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

His behaviour was scurrilous.

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

The member for Grayndler will withdraw his accusation or I will take action.

Bob McMullan (Fraser, Australian Labor Party, Shadow Minister for Federal/State Relations) Share this | Link to this | Hansard source

Mr Speaker, I raise a point of order on this matter. It is perfectly in order—

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

The member for Fraser will resume his seat. The member from Grayndler will withdraw the accusation or I will take action. He will withdraw the accusation against the member for Robertson.

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

Mr Speaker, which accusation?

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

The member knows exactly what I am talking about. Either he withdraws or I will take action.

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

I will withdraw what I said and say that the member for Robertson interjected consistently for half an hour of the speech.

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

I will accept that.

Mrs Bronwyn Bishop (Mackellar, Liberal Party) Share this | Link to this | Hansard source

Mr Speaker, a question to you: when you are considering the behaviour on the night of the address-in-reply to the budget by the Leader of the Opposition, would you also consider what action you can take with regard to the stacking of the public galleries—

Opposition Members:

Opposition members interjecting—

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

Order! Members on my left!

Ms Catherine King (Ballarat, Australian Labor Party, Shadow Parliamentary Secretary for Treasury) Share this | Link to this | Hansard source

Ms King interjecting

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

The member for Ballarat will remove herself under standing order 94(a).

The member for Ballarat then left the chamber.

The member for Mackellar is asking a question and the member will be heard.

Mrs Bronwyn Bishop (Mackellar, Liberal Party) Share this | Link to this | Hansard source

with people who were there for the sole intent and purpose of acting in a disorderly fashion after the delivery of the speech and who erupted into loud noise with both clapping and voices. You were in the chair—

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

The member will resume her seat. In response to the member for Mackellar—

Arch Bevis (Brisbane, Australian Labor Party, Shadow Minister for Homeland Security) Share this | Link to this | Hansard source

Mr Bevis interjecting

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

The member for Brisbane is warned! I say to the member for Mackellar: firstly, it is not the role of the chair to vet who attends in the galleries; and, secondly, the behaviour of the galleries during both the budget speech and the response were orderly. I refer the member for Mackellar to the statement I made on the day of the budget.

Mrs Bronwyn Bishop (Mackellar, Liberal Party) Share this | Link to this | Hansard source

The behaviour that I was concerned about was not during the speech; it was whilst you were still in the chair at the end of the speech. The behaviour was totally disorderly and unchecked. I would ask you, Mr Speaker, what the chair is able to do about maintaining order at the conclusion of the speech.

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

I make the point to the honourable member for Mackellar that, at the end of the address by the Leader of the Opposition, the House was immediately adjourned. I would again refer her to the point that I raised on the day of the budget. She will note, if she looks at that, that there was some understanding of what might happen after both the budget and the response. I again say that the House was adjourned immediately after the Leader of the Opposition made his address.

Mrs Bronwyn Bishop (Mackellar, Liberal Party) Share this | Link to this | Hansard source

My question was that, because of the action that the opposition are taking with regard to requiring your involvement in making a decision about alleged behaviour on this side of the chamber, it would be eminently reasonable for you to look at that in the light of the stacking of the public gallery and the behaviour immediately at the end—

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

The member for Mackellar has made her point. She will resume her seat. As I said before, if the member for Mackellar wishes to make a submission to the Procedure Committee, she is of course welcome to do so.

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

Mr Speaker, it is understandable that you might not have recognised that you have not answered my question yet, which went to page 321 of Practice, and whether you had considered taking action on the basis of that provision under standing order 94.

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

I thank the Manager of Opposition Business. I think he was actually referring to page 521. He referred to the question of naming. It is a practice that has not been used for a considerable period of time, and it is a practice that has been superseded by the introduction of standing order 94(a). I would not have thought there was a reason to name anyone from the behaviour I saw on the last sitting Thursday. On the question of looking back to a previous session on that basis, I make the point that, under standing order 94(a), it was originally intended as a measure to maintain order. It would be neither appropriate nor warranted to attempt to apply it retrospectively.