Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source

My question is to you, Mr President. President, we have heard the Labor view that this chamber is less important than the House. Today the Clerk of the House has attacked the constitutionality of the pensions bill which passed the Senate last night. With force of superior argument, I believe, the Clerk of this chamber has defended the Senate’s constitutional rights. President, will you confirm the ruling first expounded way back in 1921 by President Givens that the Senate has every right to initiate bills like the pensions bill which involve increased expenditure from appropriations which have already been made?

John Hogg (President) Share this | Link to this | Hansard source

Thank you, Senator Brown. I do advise the chamber that Senator Brown did advise me that there would be a question.

Government Senator:

Oh! A dorothy dixer!

John Hogg (President) Share this | Link to this | Hansard source

I said ‘that there would be a question’. I will address the question as I can at this stage. Yesterday the Senate considered the Urgent Relief for Single Age Pensioners Bill 2008, after a decision by the Senate to grant that debate precedence over government business. The Senate debated and agreed to the bill and it was then transmitted to the House of Representatives. I understand that, to this point, the House has not taken any action on the message from the Senate transmitting the bill. Any action will be a matter for the House of Representatives in the first instance. Should any message on the subject be received from the House at a later stage, it will be given up to the Senate to consider the matter further. Further, in your question you did ask about the earlier ruling. I am not overturning any previous ruling of the Senate at all.

Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. The indication that the House may refuse to accept on constitutional argument, falsely put if I take the Clerk of this place correctly, an important bill from this chamber raises very serious constitutional questions. I ask the President what ability this chamber has to look at the constitutionality of bills originating in the House of Representatives which that House wants properly, and should have properly and duly, dealt with by this chamber?

John Hogg (President) Share this | Link to this | Hansard source

Senator Brown, I will take that part of your question on notice, but I believe at this stage, until the House of Representatives has considered the message that was transmitted, which I signed last evening, and until they have acted, I cannot pre-empt what they might do or not do in respect of the bill that was transmitted. Secondly, in respect of the constitutionality of bills that originate in the other chamber, I believe that that is a matter that can be considered by the High Court should that be necessary.