Gavin Marshall (Victoria, Deputy-President) Share this | Hansard source

by leave—I hope that senators in the chamber know that I take the role of Presiding Officer and my position as Deputy President and Chair of Committees very seriously. I believe I conduct myself with fairness and integrity in all instances, even though I accept that I am not perfect.

I have reviewed both the Hansard and the tape of the incident to which Senator Macdonald sought to move dissension from my ruling. I can say that based on the Hansard, the visual footage and advice from the Clerk, that I believe I acted absolutely appropriately. And I would not act any differently if those matters came before me once again.

I think that Senator Macdonald made the inference that I made the decision based on being able to count the numbers in the chamber. Well, let me absolutely refute that. Quite frankly, I find that offensive. In every instance when I am in the chair I make my rulings based on the facts before the chair, and for no other reason. In fact, I think it is one of the great strengths of the Senate that Presiding Officers in the chair from all political parties do not allow politics to enter into their rulings in this place. This is not the House of Representatives. This is the Senate, and it is something that I am very proud to share along with my fellow Presiding Officers, whether they be acting deputy presidents or the President. So I absolutely refute that allegation.

I also refute the allegation that in some way Senator Macdonald simply has withdrawn his motion on the basis that he would not have the numbers to get it. Maybe he should test that because, again, I have absolute confidence in this Senate, that senators would base such a decision—a dissent from the chair's ruling—on the evidence before them, not base it on political parties. I think that has also been a very strong convention in this place. Again, I say that it has been one of the strengths of the Senate.

Now, I do not want to go into all the details which I could about why I made the decisions. But the Clerk has prepared a background note which goes to the process of how these motions get on the Notice Paper in the first place: the role of the President and the role of the Clerk in those, and there are some examples of what has happened in the past and ultimately who makes the decision about these matters, that being the Senate itself.

I simply seek leave to incorporate the Clerk's background note. I have followed the normal courtesies and provided copies of that in advance to the whips from the Greens and the government and also to the Independent senators.