Andrew McLachlan (SA, Deputy-President) Share this | Hansard source

On behalf of the Procedure Committee, I present the second report of 2023 of the committee, and I move:

That the Senate take note of the report.

The report deals with three matters. First, Senator Hanson asked the committee to consider removing the requirement for four or more senators, in addition to the proposer, to stand to indicate support for matters of public importance and urgency motions prior to those items being discussed or debated. Standing order 75 gives special precedence to a discussion or debate at the relevant time not by a majority decision, as is normally the case, but at the request of five or more senators. The committee considers that threshold appropriate and does not agree that the requirement should be removed. However, the committee endorsed an opposition suggestion to make it clear that the requirement for senators to stand in support should be interpreted as indicating support for the discussion or debate taking place rather than necessarily indicating support for the substance of the proposal. The committee has asked that the procedural wording for the chair to report proposals under standing order 75 be amended to clarify that point.

The second matter dealt with in the report is the use of cultural artefacts in debate. The committee agreed that senators wishing to use cultural artefacts as part of proceedings should seek prior agreement from the President and Deputy President. If required, this information would then be passed on to the appropriate Temporary Chair.

The final matter is the consideration of a recommendation of the Set the standard report. The report recommended a review of standing orders 'with a view to eliminating sexism and other forms of exclusion in the chamber'. The committee notes earlier reviews that have dealt with, for instance, the removal of gender-specific language. The recommendation from Set the standard intersects with the work of the Joint Committee on Parliamentary Standards, which recommended the adoption of behavioural codes for parliamentarians and for their staff, and behavioural standards for the parliamentary precincts and other parliamentary workplaces. The standing orders provide a framework designed in part to prevent offensive language and conduct directed towards other senators. As outlined in the report, the committee considers that at this stage the language of the standing orders and the practice of the Senate in applying presidents' rulings are sufficiently flexible to enable that framework to cover matters identified in the report of the Joint Committee on Parliamentary Standards and evolving community standards.

The committee remains open to assessing the need for changes to the language and interpretation of standing orders as the final recommendations of Set the standard are implemented. These include the passage of legislation to establish the Parliamentary Workplace Support Service, the Independent Parliamentary Standards Commission and the consequent formalisation of the codes of conduct for parliamentarians and their staff.

The joint committee also made observations about the interaction of parliamentary privilege with the scope and functions of the proposed IPSC. The committee suggests that presiding officers and the procedure committees of the two houses should be consulted on that question as the design of the IPSC is finalised.

The committee also discussed the importance of developing and applying appropriate sanctions for breaches of standing orders, noting the different procedural landscapes of the two houses. Part of the process of designing the IPSC will involve consideration of a sanctions regime to sit alongside the behavioural codes and standards. The committee will give further consideration to these matters when that work is more advanced.

The President and I are committed to working with temporary chairs, with the chairs of committees, with party leaders and whips, and with Independent senators to ensure that any changes to the content or interpretation of standing orders that emerge from these processes are well understood. I commend the report to the Senate.