Scott Ryan (President) Share this | Hansard source

Senator Di Natale, I listened to you quietly. You could return some courtesy. At no point was I given a draft motion. I therefore thought it appropriate, given the public commentary, to outline, with the advice I had taken from the clerk, the powers of the Senate. Now, to this matter, my statement earlier today confirmed the ability of the Senate to suspend a senator in relation to disorder in the chamber. I don't believe that the conduct outlined in this motion, reprehensible though it may be, meets the test that has been set for a breach of the standing orders or disorderly conduct. I also think it clearly does not meet the test that I outlined earlier—the statutory test of contempt.

Senator Di Natale, you referred to the period where the Senate suspended you. You were suspended for a refusal to respect the authority of the chair, not for the comments that you made. And it is unfair, and unreasonable and incorrect, to conflate the two incidents. Standing orders can always be amended to create further notions of disorderly conduct. That is within the power of the Senate. But the conduct outlined in this motion, to my mind, does not meet the test of disorderly conduct.

This isn't a debate about accepting or otherwise what Senator Anning said. The Senate has, in my view, rightly expressed its view earlier today that those comments are inappropriate, appalling, reprehensible, divisive and utterly unrepresentative of the Australian people we represent. Respectfully, Senator Di Natale, opposing this motion does not mean that I or any other senator are with those who express such views. And I think it is unfair to characterise opposition to part (b) of your motion in any such way.

Furthermore, I don't agree that to use a phrase that I think you did—if a censure had more force—or you did allude to those terms, then we wouldn't see this senator doubling-down. I've made the observation before that I think it is a sad element of modern politics that some seek attention through outrage. I firmly believe that to suspend a senator on these terms, when it is not a formal breach of the standing orders and disorderly conduct, and does not meet the test of contempt, would be a bad precedent. It would be a further step down a political path I don't think this chamber should represent and I don't think this chamber, when it's at its best and represents the views of the Australian community, and a deliberative approach to politics, should seek to represent.

I will therefore divide the question, according to the request of Senator Ruston. The first question is that part (a)(i), (ii), (iii) moved by Senator Di Natale be agreed to.

Question agreed to.

I also note there were no dissenting voices.

The question is that part (b) of the motion moved by Senator Di Natale be agreed to.