Ms Julie Bishop (Curtin, Liberal Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

I move:

That so much of the standing and sessional orders be suspended as would prevent the Member for Curtin moving immediately—

That this House calls on the Attorney General to speak immediately for up to 15 minutes to explain the following:

(1)   when did the Attorney General or her office first become aware of the content of the offensive SMS messages of the Member for Fisher;

(2)   why the Attorney General override official government guidelines to offer James Ashby a settlement of $50,000 in an attempt to prevent release of the offensive SMS messages of the Member for Fisher;

(3)   why the Attorney General described the Ashby litigation as vexatious and an abuse of process while aware of the content of the offensive SMS messages of the Member for Fisher; and

(4)   whether the Attorney General informed any other member of the Government of the content of the offensive SMS messages of the Member for Fisher prior to their release.

Standing orders—

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

The Deputy Leader of the Opposition will resume her seat. The Leader of the House, on a point of order?

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

Yes—

Kelly O'Dwyer (Higgins, Liberal Party) Share this | Link to this | Hansard source

Don't be a bully!

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

The member for Higgins is warned! If she continues that, she will not be here for the vote. The Leader of the House has the call.

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

Speaker, on a point of order: Justice Rares has reserved his opinion in a case which is precisely about whether there has been an abuse of process in the claims made by Mr Ashby in the litigation he made against the Commonwealth, as the first respondent, and the member for Fisher. This is about the exact case where the first respondent was the Commonwealth and the second respondent was the member for Fisher. We have here an attempt to move a motion to discuss the abuse of process which in itself could be regarded as an abuse of process.

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

Madam Speaker, on a point of order—

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

The Manager of Opposition Business will resume his seat. It is a very serious question, and therefore for me to consider it I probably need to read the motion. As it is very hard to hear motions in this place when everybody else is yelling, I will stop the clock, if we could. I think that is reasonable. For everybody's information, sub judice is a very difficult issue for the parliament. It is a very difficult issue. It does not go to matters that are before the court or public; it is about the impression the parliament makes on the issues and the decision that a judge or jury may make—or in normal circumstances where there may be. So it is upon the parliament to be very cautious in any of these issues. However, I believe that the motion does not affect sub judice. But I will caution everybody in this debate not to overstep that mark in their contributions or I will sit them down. There is a matter before the court. We should all take the issue of sexual harassment very seriously.

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

On a point of order, Speaker. Page 298 of House of Representatives Practice states very clearly that a motion may not be brought forward which relates to a matter awaiting or under adjudication by a court of law. In 1995 the Speaker wrote to a member, drawing the member's attention to the fact that certain matters relevant to a notice lodged by the member were sub judice and expressing the view that discussion of the matter should not take place. It is very clear that this is precisely the matter that is before the court.

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

Madam Speaker, on the point of order. If I could make a submission now that the Leader of the House has made two submissions? I did sit down when I was asked to do so.

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

You did.

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

The motion is clearly about the actions of the Attorney-General. It is not about the court case that is currently before the Federal Court. It is about the actions that the Attorney-General undertook, in each of its four parts. Therefore it is entirely within the standing orders. When she discharges her duties, the House is quite entitled to debate those, to question her about them and to move a motion.

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

On the point of order, Madam Speaker. It may well be the case that at a point in time the opposition will be able to ask questions of the Attorney, but that time is not while the judge has reserved his opinion. This debate cannot but impact on that decision.

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

I believe that the motion can be debated but with great caution.

Ms Julie Bishop (Curtin, Liberal Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

Standing orders must be suspended so that the Attorney-General can explain her conduct, which is now under a cloud. Serious and legitimate questions are being asked about the Attorney-General's actions in relation to the Ashby-Slipper case. I am conscious—

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

I move:

That the member be no longer heard.

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

The question is that the member be no longer heard.

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

Before I call the seconder of the motion, I do emphasise that extreme caution is needed in this debate to not in any way prejudice any deliberations before the court. Is the motion seconded?

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

I second the motion. What the Attorney has to explain to the House is why she has corrupted the court process by trying to act as a prosecutor rather than as the first law officer of the land. If the Attorney is so opposed to misogyny, why did she lead this attempted cover-up of the SMSs between the former Speaker and Mr Ashby?

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

Madam Speaker, I rise on a point of order. Again the Manager of Opposition Business is making allegations about a case that is before the court. He has used terms that are very specific and entirely inappropriate against the Attorney.

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

I again advise caution.

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

Standing orders must be suspended to allow this motion to be debated and passed so that the Attorney can spend 15 minutes—

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

I move:

That the member be no longer heard.

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

The question is that the member be no longer heard.

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

Order! The time allotted for the debate has expired.

Julia Gillard (Lalor, Australian Labor Party, Prime Minister) Share this | Link to this | Hansard source

I ask that further questions be placed on the Notice Paper.