House debates

Tuesday, 8 September 2015

Motions

Deputy Prime Minister and Minister for Infrastructure and Regional Development; Attempted Censure

12:01 pm

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Shadow Minister for Infrastructure and Transport) Share this | | Hansard source

Mr Speaker.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

I have just called the Clerk.

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Shadow Minister for Infrastructure and Transport) Share this | | Hansard source

Mr Speaker.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

I have just called the Clerk.

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Shadow Minister for Infrastructure and Transport) Share this | | Hansard source

I am seeking the call.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

I am sorry. I have called the Clerk.

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | | Hansard source

He got the call before.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

Well, I have called the Clerk.

Ms Macklin interjecting

The member for Jagajaga will cease interjecting. The member for Grayndler on a point of order?

12:02 pm

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Shadow Minister for Infrastructure and Transport) Share this | | Hansard source

Thank you, Mr Speaker. I move:

That so much of standing orders be suspended as would allow the member for Grayndler to move—

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

No, the member for Grayndler will resume his seat.

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Shadow Minister for Infrastructure and Transport) Share this | | Hansard source

No, I am entitled to:

… to move the following motion:

This House censures the Deputy Prime Minister for

(1) misleading the House in question time on Monday, 7 September when he:

(a) stated that reports that senior officials from his Department—

Photo of Christopher PyneChristopher Pyne (Sturt, Liberal Party, Leader of the House) Share this | | Hansard source

Mr Speaker, on a point of order, suspensions of standing orders can be moved between two items of business. You called the Clerk, quite correctly, for the first item of business. The member for Grayndler then indicated he was making a point of order, which you generously allowed him to move. He then abused your generosity, and therefore I would suggest that the correct call that you originally made was for the Clerk to call the first item of business. When that is completed, the member for Grayndler, between that and the next item of business, if he chooses to do so, can take the action that he has indicated he wishes to take.

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Shadow Minister for Infrastructure and Transport) Share this | | Hansard source

Mr Speaker, on the point of order, I sought the call, I received the call and I am moving a motion.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

The member for Grayndler will resume his seat.

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Shadow Minister for Infrastructure and Transport) Share this | | Hansard source

And I am moving a motion, as I am entitled to do.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

No, the member for Grayndler will resume his seat.

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | | Hansard source

Is that your ruling?

12:04 pm

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

I am going to speak to it now. The member for Grayndler was given the call because I thought he was seeking clarification on the earlier motion that the—

Opposition Members:

Opposition members interjecting

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

No, hang on. No, sorry. I am not going to be interrupted when I am addressing the House. I had called the Clerk. Standing orders normally provide that there are no divisions to be moved by members who are not government ministers during these hours, and that standing order has now been suspended, which is the case. I had called the Clerk. I want business to resume as swiftly as possible. We have notice No. 1 on the program, of a motion moved by the Prime Minister. I want business to move as swiftly as possible. I would say to the Manager of Opposition Business that it is my understanding, as I just heard from the Leader of the House, that an agreement had been reached with the point in mind of facilitating the free flow of debate. If the member for Grayndler insists on moving his motion, there are measures open to the Leader of the House.

Photo of Jenny MacklinJenny Macklin (Jagajaga, Australian Labor Party, Shadow Minister for Families and Payments) Share this | | Hansard source

The motion has halfway been—

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

No, the member for Jagajaga will cease interjecting.

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Shadow Minister for Infrastructure and Transport) Share this | | Hansard source

On the point of order, with respect, Mr Speaker, we supported the suspension of standing orders, which we were entitled to do. They might have thought it was about their motion; we think it is about our motion, in terms of being facilitated before the chamber. The Clerk has not called on any business before the chair. No business has been called on. For that to occur, the Clerk has to stand up and say, 'Item of business No. 1'—

Government members interjecting

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

Members on my right will cease interjecting.

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Shadow Minister for Infrastructure and Transport) Share this | | Hansard source

And no amount of yelling from the rabble opposite changes that fact. There is nothing before the chair, and I was entitled to move my motion.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

You can't debate. You need to move it or resume your seat.

12:06 pm

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Shadow Minister for Infrastructure and Transport) Share this | | Hansard source

Thank you. I move:

That so much of the standing and sessional orders be suspended as would prevent the member for Grayndler from moving the following motion—

That the House:

(1)      censures the Deputy Prime Minister for misleading the House in Question Time on Monday, 7 September when he:

(a)   stated that reports that senior officials from his Department advised Bill Milby of North Star Cruises to reflag his vessel to a foreign nation, sack his 50 Australian workers and hire foreign crew to compete, were "inaccurate"; and

(b)   told the House that such advice "is not possible under the proposed legislation before Parliament";

(2)      notes the evidence before the Senate Rural and Regional Affairs and Transport Legislation Committee where Mr Milby confirmed his written evidence contained in his submission that he was advised by officials to "consider taking our ship True North off the Australian Shipping Register, re register the ship in a foreign country, lay off our Australian crew and hire a cheaper foreign crew" under his proposed laws;

(3)      notes that last night Judith Zielke, Executive Director, Surface Transport Policy Division and Michael Sutton, General Manager Maritime and Shipping Branch both gave evidence that they did give advice to Mr Milby about the reflagging option;

(4)      further notes last night's comment from Mr Milby that "I don't have an issue with the people who gave that advice because if you read the legislation and the explanatory memo, they were telling me the truth";

(5)      notes the evidence from the government's official economic modelling for the bill assumed that the displaced Australian seafarers would "get other jobs";

(6)      also notes the evidence from Tasmanian freight operator Searoad, North Star Cruises and Maritime Industry Australia Limited, that investment in shipbuilding and local job creation is threatened by this flawed legislation; and

(7)      accordingly, calls for:

(a)   the Deputy Prime Minister to immediately correct the record following his misleading answer in Question Time yesterday—

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

The member for Grayndler will resume his seat.

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Shadow Minister for Infrastructure and Transport) Share this | | Hansard source

I am concluding.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

I call the Leader of the House on a point of order.

Photo of Christopher PyneChristopher Pyne (Sturt, Liberal Party, Leader of the House) Share this | | Hansard source

Mr Speaker, it is almost a two-page motion. It is absolutely ridiculous. It is an abuse of the standing orders and the government will be quite within its right to amend the standing orders in the future to make sure that motions cannot be of such an inordinate length.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

The member for Grayndler will move his motion forthwith.

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Shadow Minister for Infrastructure and Transport) Share this | | Hansard source

(b)   the Prime Minister to apologise to Mr Bill Milby of North Star Cruises in Western Australia for questioning his honesty and integrity; and

(c)   the Government to withdraw its Shipping Legislation before the Parliament and to enter into a proper consultation process with the maritime sector about any future proposed changes to maritime legislation.

12:09 pm

Photo of Christopher PyneChristopher Pyne (Sturt, Liberal Party, Leader of the House) Share this | | Hansard source

I move:

That the member be no longer heard.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

The question is that the member be no longer heard.

Is the motion seconded?

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | | Hansard source

The Prime Minister lied to the people of Canning about this issue. The Deputy Prime Minister lied to this parliament about—

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

The member for Watson will resume his seat.

12:19 pm

Photo of Christopher PyneChristopher Pyne (Sturt, Liberal Party, Leader of the House) Share this | | Hansard source

I move:

That the member be no longer heard.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

The question is that the member be no longer heard. If any members are changing their vote, they should report to the tellers.

Opposition members interjecting

The Leader of the House has the call.

Photo of Christopher PyneChristopher Pyne (Sturt, Liberal Party, Leader of the House) Share this | | Hansard source

I move:

That the motion be put.

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

The question is that the motion be put.

The question now is that the motion be agreed to.