House debates

Wednesday, 31 October 2012

Statements on Indulgence

Selection Committee

10:36 am

Photo of Patrick SeckerPatrick Secker (Barker, Liberal Party) Share this | | Hansard source

Mr Deputy Speaker, I rise on a point of order. Standing order 222(iii) states that the Selection Committee:

… select bills that the committee regards as controversial or as requiring further consultation or debate for referral to the relevant standing or joint committee in accordance with standing order 143.

Can I advise the House that this occurred at approximately 9.30 pm last night in accordance with standing order 143. My question is: what now is the status of all that Selection Committee determination, as it has not been tabled?

10:37 am

Photo of Joel FitzgibbonJoel Fitzgibbon (Hunter, Australian Labor Party) Share this | | Hansard source

For the benefit of the House, I might be able to give Mr Secker at least a partial answer. My understanding is that around 9.30 last night a meeting of the Selection Committee was held, although unfortunately as a member of the Selection Committee I was not advised of that meeting. There are privileges issues here of course if it was a formally constituted meeting of the committee because, if that is the case, that report, as Mr Secker indicated, has not been tabled. Indeed, I would need clarification on the exact contents of that report and whether it accurately reflects the matter raised by the honourable member.

I make these points only because, Mr Deputy Speaker, I know that you are in no position to answer the question because you know nothing of the events of last evening and I again make the point that I do not know much more either. So I only rise in the spirit of goodwill to at least attempt to give the honourable member an answer, if only a partial answer, to his question.

10:39 am

Photo of Robert OakeshottRobert Oakeshott (Lyne, Independent) Share this | | Hansard source

I rise on the same point of order. We do need some urgency in clarifying this issue through the Speaker's office. I am a member of the Selection Committee and the processes of this House should not work whereby I find out about a disputed meeting right now that apparently took place at 9.30 last night whilst I was involved in a public hearing in the building and working in another role.

I am surprised to hear this and, if this is behind the machinations this morning—where we are seeing detailed legislation brought into the chamber for the first time, with second readings only half an hour later and with only one speaker on each of these substantial bills—we need to urgently clarify what has happened. We need to get the processes of this chamber back on track as quickly as possible. The safe port in all of this is the standing orders—the known procedures of this chamber. I urge the Speaker and this House to return to that safe port as quickly as possible.

10:40 am

Photo of Martin FergusonMartin Ferguson (Batman, Australian Labor Party, Minister for Resources and Energy) Share this | | Hansard source

On indulgence, given the issues which have been raised, I suggest that, in accordance with the Notice Paper, we move to item No. 2. As has been requested by a number of members, I suggest that advice be sought from the Speaker's office on the status of the Selection Committee meeting—whether it was properly constituted and what its standing is—and that the House be then appropriately informed. In the meantime, I suggest we press on with the work of the House.

Photo of Geoff LyonsGeoff Lyons (Bass, Australian Labor Party) Share this | | Hansard source

Debate on the Treasury Legislation Amendment (Unclaimed Money and Other Measures) Bill 2012 has been adjourned to another day. The question is one which should be taken up with the Selection Committee. I am proposing that we move on to the next item of business.

10:41 am

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

On indulgence, this development in the House this morning is quite unprecedented and I think it requires urgent clarification. I agree with the member for Lyne in that regard. My understanding is that the report from the Selection Committee which recommended that the bill be referred to a House committee for debate and investigation was handed to the chair before the second reading of the bill began. Why is that significant? It is significant because, once the second reading of a bill begins, the bill can go through all stages of the legislative process regardless of the report from the committee. So the government either deliberately or unwittingly ensured that the Selection Committee report was not tabled in the House.

I understand the member for Lyne was in the chair at the time and I am sure he was unaware of the machinations. Because that report was not tabled in a reasonable time, the bill was called on for its second reading. As a consequence—and I am sure the Chief Government Whip knows this—the Selection Committee's referral to the House committee is now a dead duck. It does not matter what that committee finds; the bill can now go through all the stages of the legislative process. This is an example of the chaos currently gripping the government's management of the parliament. We are getting bills the night before we are expected to pass them in the House of Representatives. It is a matter I am deeply concerned about.

With respect to this matter, I am very concerned that the parliament has been diddled, has been tricked, and that the proper processes of the parliament for bringing on the second reading of a bill opposed by the opposition have not been followed. This is not just any uncontroversial bill. Sometimes the Leader of the House and I agree for debates to occur, either in this place or in the Federation Chamber, on uncontroversial legislation. We did so yesterday, for example, with the debates that took place between 11 am and 2 pm. This is not uncontroversial legislation. The opposition is opposing this bill. As a consequence, there needs to be an immediate investigation into the events of this morning and the Speaker needs to consider whether what has been done this morning should be undone by the parliament so that a proper referral to the relevant House committee can occur—as the Selection Committee decided. That report can then be given—

Photo of Harry JenkinsHarry Jenkins (Scullin, Australian Labor Party) Share this | | Hansard source

Mr Deputy Speaker, on a point of order: can I suggest that the Manager of Opposition Business has had his indulgence, and I am starting to cut up rough as a chairman of a parliamentary committee. Every time I try to make my report, there is some chaos going on here. I just ask that standing order 271 apply.

Photo of Patrick SeckerPatrick Secker (Barker, Liberal Party) Share this | | Hansard source

There isn't one.

Photo of Harry JenkinsHarry Jenkins (Scullin, Australian Labor Party) Share this | | Hansard source

There is not one, but it is common sense, alright? Now could I try to get the call again.

Photo of Geoff LyonsGeoff Lyons (Bass, Australian Labor Party) Share this | | Hansard source

In relation to this matter, the question is one that should be taken up with the Selection Committee. I am proposing to move on to the next item of business.

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

The point, Mr Deputy Speaker, is that this is not just a routine matter that can be brushed aside and that we can be told to take up with the Selection Committee at some unidentified time when they may meet. If you do not indicate that the Speaker will be asked to investigate it and potentially undo what has been done today in what I regard as a fastie to the parliament and the opposition then I will move—

Photo of Geoff LyonsGeoff Lyons (Bass, Australian Labor Party) Share this | | Hansard source

Order! The member for Scullin on a point of order. The Manager of Opposition Business will resume his seat.

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

I would have thought you wanted to get on with the business of the day.

Photo of Harry JenkinsHarry Jenkins (Scullin, Australian Labor Party) Share this | | Hansard source

I am trying to. I have only been an observer. I think that the discussion puts it back in the hands of the Speaker, and that is now Speaker Burke.

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

He's not indicating that, Harry.

Photo of Harry JenkinsHarry Jenkins (Scullin, Australian Labor Party) Share this | | Hansard source

Yes, but we are helping him. I think that there is nothing in what the Deputy Speaker said, and there is nothing that the committee can do. Everybody knows now that the only person that could intervene, if there is any intervention, is the Speaker, and I am sure that she is fully aware of what is going on.

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

I am just seeking a commitment from him.

Photo of Geoff LyonsGeoff Lyons (Bass, Australian Labor Party) Share this | | Hansard source

Thank you for your assistance. I will now refer this matter to the Speaker for her adjudication, and I will now move on to the next item of business.

Photo of Don RandallDon Randall (Canning, Liberal Party, Shadow Parliamentary Secretary for Local Government) Share this | | Hansard source

On a point of order, can I clarify something with you, Mr Deputy Speaker?

Photo of Geoff LyonsGeoff Lyons (Bass, Australian Labor Party) Share this | | Hansard source

Certainly.

Photo of Don RandallDon Randall (Canning, Liberal Party, Shadow Parliamentary Secretary for Local Government) Share this | | Hansard source

The next item of business that you have proposed is government business order of the day No. 2, and I see the member for Scullin wants to make a report. So can we have some adjudication on that? His report to the parliament was put back. Can we get an idea of what the actual business of the House will be?

Photo of Martin FergusonMartin Ferguson (Batman, Australian Labor Party, Minister for Resources and Energy) Share this | | Hansard source

Mr Deputy Speaker, with respect to the issue raised by the opposition member, I think that to be fair there was an understanding with the member for Cook that, following consideration of item No. 1 on the Notice Paper, he was called in from alternative responsibilities to make his contribution. We would then seek to attend to the reports from committees.

Photo of Geoff LyonsGeoff Lyons (Bass, Australian Labor Party) Share this | | Hansard source

In that case we will move on to the appropriations bills and then go back to reports.