Peter Dutton (Dickson, Liberal Party, Shadow Minister for Health and Ageing) Share this | Link to this | Hansard source

I seek leave of the House to move the following motion forthwith:

That government order of the day No. 39, the Health Insurance Amendment (Revival of Table Items) Bill 2009, be called on for debate immediately and be debated and concluded through all its stages.

Leave not granted.

I move:

That so much of standing and sessional orders be suspended as would prevent the member for Dickson from moving the following motion forthwith: That government order of the day No. 39, the Health Insurance Amendment (Revival of Table Items) Bill 2009, be called on for debate immediately and be debated and concluded through all its stages.

This is essential business for the government to deal with because—

Greg Combet (Charlton, Australian Labor Party, Minister Assisting the Minister for Climate Change) Share this | Link to this | Hansard source

I move:

That the member be no longer heard.

Question put.

Christopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | Link to this | Hansard source

I second the motion. This is the cruellest cut of all for older Australians—

Greg Combet (Charlton, Australian Labor Party, Minister Assisting the Minister for Climate Change) Share this | Link to this | Hansard source

I move:

That the member be no longer heard.

Question put.

Nicola Roxon (Gellibrand, Australian Labor Party, Minister for Health and Ageing) Share this | Link to this | Hansard source

We have advice that this measure that has been introduced into the Senate is unconstitutional. This is the Liberal Party mucking things up yet again for patients and—

Christopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | Link to this | Hansard source

I move:

That the member be no longer heard.

Question put.

Nicola Roxon (Gellibrand, Australian Labor Party, Minister for Health and Ageing) Share this | Link to this | Hansard source

The reason that we are opposing this suspension of standing orders is that the opposition should understand that we have advice that the steps taken in the Senate are unconstitutional.

Christopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | Link to this | Hansard source

Mr Deputy Speaker, I raise a point of order. With due respect, I simply ask: is it in order for the government to allow their members to speak and for the opposition to be forced not to speak? Are we out of time for the debate?

Peter Slipper (Fisher, Liberal Party) Share this | Link to this | Hansard source

It is competent for the House to determine which honourable members are given the opportunity to participate in a debate or not. There is no point of order. There is a 25-minute limit on this debate. I do not think the 25 minutes are up yet.

Nicola Roxon (Gellibrand, Australian Labor Party, Minister for Health and Ageing) Share this | Link to this | Hansard source

The reason we thought the opposition might be interested in understanding why this suspension is not being supported is that we have advice from the legal advisers to the government that the bill introduced in the Senate is unconstitutional. If the Liberal Party do not want to hear that they have taken an unconstitutional step—

Peter Dutton (Dickson, Liberal Party, Shadow Minister for Health and Ageing) Share this | Link to this | Hansard source

Mr Deputy Speaker, I raise a point of order which is particularly relevant to the contribution of the Minister for Health and Ageing at the moment. The minister is talking to advice which—

Honourable Members:

Honourable members interjecting—

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

Order! Would honourable members either leave the chamber or resume their seats. There is too much interjection. I cannot hear the honourable member for Dickson on his point of order.

Peter Dutton (Dickson, Liberal Party, Shadow Minister for Health and Ageing) Share this | Link to this | Hansard source

I will start again. In relation to the point of order, the minister raises constitutional issues. If the minister has that advice it should be tabled because it is contrary to the advice that the coalition has received.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

There is no—

Nicola Roxon (Gellibrand, Australian Labor Party, Minister for Health and Ageing) Share this | Link to this | Hansard source

Given that the opposition is not raising a point of order about relevance, I am speaking on the suspension. We are happy to—

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

Order! I have not given you the call, Minister. The member for Dickson had a point of order. I ask the minister to be aware of the standing orders and to be relevant to the debate.

Nicola Roxon (Gellibrand, Australian Labor Party, Minister for Health and Ageing) Share this | Link to this | Hansard source

Mr Deputy Speaker, that was not the point of order he raised but I am happy, in deference to you, to ensure that we are speaking on the suspension. The House has the ability to agree to a suspension of standing orders on a matter of public importance and on a range of other things. But what this shows is that the Liberal Party cannot get its procedural processes right, let alone its content. It has delivered a zero rebate outcome—

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

Order! The Minister for Health and Ageing will resume her seat.

Christopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | Link to this | Hansard source

Mr Deputy Speaker, as you have most sensibly and sagely said—

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

Is this a point of order?

Christopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | Link to this | Hansard source

It is point of order. This is a debate about why the standing orders should be suspended in order to allow a bill to be brought on that would repair the damage that the government has done in this critical area of policy. The minister is now talking about the Liberal Party’s policy, which could not possibly be relevant to the suspension of standing orders motion.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

I reiterate that the matter under discussion is the question on the suspension of the standing orders of the House. I ask the minister to confine her remarks to the question before the chair.

Nicola Roxon (Gellibrand, Australian Labor Party, Minister for Health and Ageing) Share this | Link to this | Hansard source

I am directly addressing the suspension of the standing orders, because the point of—

Honourable Members:

Honourable members interjecting—

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

Order! There are too many interjections across the chair. I need to listen to the speaker who has the call, and I call the Minister for Health and Ageing.

Nicola Roxon (Gellibrand, Australian Labor Party, Minister for Health and Ageing) Share this | Link to this | Hansard source

I am talking to this suspension because it is not, in the government’s view or, I believe, in the public’s view, appropriate to suspend standing orders on the—

Peter Slipper (Fisher, Liberal Party) Share this | Link to this | Hansard source

The Minister for Health and Ageing will resume her seat. The Minister for Health and Ageing will resume her seat and not defy the chair!

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

Mr Deputy Speaker—

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

I am sorry, I have not given—

Bob Baldwin (Paterson, Liberal Party, Shadow Minister for Defence Science and Personnel) Share this | Link to this | Hansard source

Mr Baldwin interjecting

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

He has to sit down.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

Order! In fact, when the person occupying the chair is on his feet, everyone sits down. I understood that the member for Paterson was seeking to make a point of order. He is not? In that case, I call the Minister for Health and Ageing.

Nicola Roxon (Gellibrand, Australian Labor Party, Minister for Health and Ageing) Share this | Link to this | Hansard source

The reason we oppose the suspension of standing orders and the reason I have tried five times to explain the government’s reason for so doing is that if we allowed the suspension we would be debating in this House a bill which we have received advice is unconstitutional. It should not have been introduced in the Senate and has not been appropriately passed. We are happy to provide that legal advice. It is a very long time since I was a constitutional lawyer, but I can tell you that I am happy to take the advice of the Attorney-General’s Department—(Time expired)

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

I certainly agree with the Minister for Health and Ageing in opposing the suspension of standing orders. Those opposite do not have a policy to put forward on this or other issues—

Opposition Members:

Opposition members interjecting—

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

Order! Would the Leader of the House and the honourable member for Sturt resume their seats. The time for this debate will expire at 10.02.30. There is still a minute to go. I have called the Leader of the House. The honourable member for Paterson will resume his seat.

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

Those opposite—

Bob Baldwin (Paterson, Liberal Party, Shadow Minister for Defence Science and Personnel) Share this | Link to this | Hansard source

Mr Deputy Speaker, I rise on a point of order.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

The minister will resume his seat because, under the standing orders, as the occupant of the chair I have a duty to listen to any point of order drawn to my attention. I call the honourable member for Paterson on a point of order.

Bob Baldwin (Paterson, Liberal Party, Shadow Minister for Defence Science and Personnel) Share this | Link to this | Hansard source

I move:

That the member be no longer heard.

Question put.

Peter Slipper (Fisher, Liberal Party) Share this | Link to this | Hansard source

The time allotted for this debate has expired.

Original question put:

That the motion (Mr Dutton’s) be agreed to.

Peter Slipper (Fisher, Liberal Party) Share this | Link to this | Hansard source

Regarding division process, I note that, if members did not vote in the previous division, they should report to the tellers. My view is that reporting to the tellers means that they actually approach the tellers and do not just wave from the back of the chamber. I would ask those members who reported on this occasion—and this advice goes to other members as well—to physically report to the tellers and not simply give a breezy wave, should they report in future.

Without wanting to be too precious, I also remind honourable members that, when they pass in front of the chair, they should acknowledge the presence of the chair.