Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | Link to this | Hansard source

My question is under standing order 99. My question is to the member for Bowman as chair of the Standing Committee on Employment, Education and Training. I refer to the committee's current inquiry into the future labour force. As part of this inquiry and noting paragraph (6) of the inquiry's terms of reference allowing it to examine other related matters, will the committee hold public hearings into the impact of the decision to cut penalty rates on the future labour force?

Tony Smith (Speaker) Share this | Link to this | Hansard source

The Leader of the House on a point of order?

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

Mr Speaker, the precedents with respect to these matters are very clear. Questions to backbenchers as chairmen of committees are very narrow and very strict and have almost always been ruled out by the Speaker. I would ask you to rule out this question on this occasion.

Tony Smith (Speaker) Share this | Link to this | Hansard source

I will hear from the Manager of Opposition Business.

Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | Link to this | Hansard source

Thanks, Mr Speaker. The Leader of the House has forgotten a question that his side asked the member for Holt in a previous parliament.

Mr Rob Mitchell interjecting—

Tony Smith (Speaker) Share this | Link to this | Hansard source

The member for McEwen is warned! Members on both sides are expecting me to listen to both the Manager of Opposition Business and the Leader of the House. It is not an everyday question. I would like to listen to them both, if that is okay.

Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | Link to this | Hansard source

Mr Speaker, the question refers specifically and only to the work of the committee and a current inquiry, referring specifically to the terms of reference of that inquiry. Every requirement under standing order 99 has been kept to. I deliberately have not gone to his Sky News interview today. It would have been a better question, but it would not have been in order.

Tony Smith (Speaker) Share this | Link to this | Hansard source

I will hear from the Leader of the House again.

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

Mr Speaker, questions to anyone in this House, and obviously to ministers, usually need to be within their powers, and the member for Bowman cannot answer a question about whether the committee will hold public hearings into the penalty rates decision because that is a decision for the committee, not for the chairman.

Tony Smith (Speaker) Share this | Link to this | Hansard source

I will hear again from the Manager of Opposition Business. I am listening.

Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | Link to this | Hansard source

Mr Speaker, standing order 99 specifically says you can ask a question to a member who is not a minister—

Mr Hunt interjecting—

Tony Smith (Speaker) Share this | Link to this | Hansard source

The Minister for Health and Minister for Sport is warned.

Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | Link to this | Hansard source

but it 'must relate to a bill, motion, or other business of the House or of a committee, for which the Member asked is responsible'. If the chair of a committee is not responsible for the committee, it is a really strange committee.

Tony Smith (Speaker) Share this | Link to this | Hansard source

I am ready to rule on the matter. I have obviously surveyed this ground before, although not in question time. Certainly, chairs of committee can be asked questions strictly about the process of their committee. The Leader of the House raises the point in the question from the Manager of Opposition Business about whether the committee will hold hearings or not. I think that does go to the process of the committee. What the decision-making for that is is a matter, frankly, for the member answering. I am going to allow the question. The member for Bowman, and he needs to confine himself just to the process as chair of the committee.

Andrew Laming (Bowman, Liberal Party) Share this | Link to this | Hansard source

Speaker, I shall follow your recommendation. To the opposition member, thank you for the question. This is not a matter that has been brought yet to the committee and rightly should be a decision for the committee to consider at the next time that they are meeting, which I understand is in the next sitting week. We have already arranged for public hearings around the country. Written submissions have closed, but, as I have said, this is firmly a matter for our committee to consider.