Senate debates

Thursday, 4 December 2008

Committees

Bank Deposit Guarantee Committee; Establishment

10:17 am

Photo of David BushbyDavid Bushby (Tasmania, Liberal Party) Share this | | Hansard source

Mr President, I ask that general business notice of motion No. 324 standing in my name for today relating to the establishment of the Select Committee on the Bank Deposit Guarantee be taken as a formal motion.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Is there any objection to this motion being taken as formal?

Photo of Bob BrownBob Brown (Tasmania, Australian Greens) Share this | | Hansard source

I seek leave to amend the motion.

Leave not granted.

Photo of Nick SherryNick Sherry (Tasmania, Australian Labor Party, Minister for Superannuation and Corporate Law) Share this | | Hansard source

I also seek leave to amend the motion.

Leave not granted.

Mr President, I seek your guidance: can I attempt to move to amend the motion?

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

A formal motion cannot be amended.

Photo of Nick SherryNick Sherry (Tasmania, Australian Labor Party, Minister for Superannuation and Corporate Law) Share this | | Hansard source

Okay. I seek leave to make a short statement.

Leave granted.

I will be seeking leave to delete section (2). The membership of the committee does not reflect—

Photo of Nick MinchinNick Minchin (SA, Liberal Party, Leader of the Opposition in the Senate) Share this | | Hansard source

Just change it to four, three and one.

Photo of Nick SherryNick Sherry (Tasmania, Australian Labor Party, Minister for Superannuation and Corporate Law) Share this | | Hansard source

Well, I still do not agree with that anyway—and it would have been nice to have been told that you were going to move an amendment. If you had done so and informed us as to the detail we could perhaps have saved some time by negotiation and discussion; that has not happened.

Opposition Senators:

Opposition senators interjecting

Photo of Nick SherryNick Sherry (Tasmania, Australian Labor Party, Minister for Superannuation and Corporate Law) Share this | | Hansard source

You want some cooperation. It would have been nice for the government to have been told that you were amending the motion. But, anyway.

Opposition Senators:

Opposition senators interjecting

Photo of Nick SherryNick Sherry (Tasmania, Australian Labor Party, Minister for Superannuation and Corporate Law) Share this | | Hansard source

I am just being told by interjection that it is to be three, three, one. (Time expired)

10:19 am

Photo of Bob BrownBob Brown (Tasmania, Australian Greens) Share this | | Hansard source

by leave—I want to make it clear that the Greens’ position on this motion is that we will support it if the numbers are changed to three, three, one. That is in the spirit of a reference to do with committees that we had before the Senate a short while ago. I have indicated this to Senator Bushby. Otherwise, we are left with no option but to oppose the motion. I think the amendment ought to be considered.

10:20 am

Photo of Nick XenophonNick Xenophon (SA, Independent) Share this | | Hansard source

by leave—I wish to make a short statement, and this is perhaps directed to the opposition: my position is that I support the motion of Senator Bushby that this matter go to the select committee, but I think the appropriate thing is for the composition of the committee to reflect the composition of the chamber, and that it be three government members, three opposition members and one crossbencher. I do not know whether that could be dealt with. Perhaps the opposition could reconsider their position in respect of that.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Senator Xenophon, I can only deal with what Senator Bushby has put to the Senate by way of notice of motion, and that is what is currently before the chamber.

Photo of John FaulknerJohn Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | | Hansard source

And if he loses he loses.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

No, the leave has been granted to those who want it.

Photo of Bob BrownBob Brown (Tasmania, Australian Greens) Share this | | Hansard source

Mr President, I have a point of order. I am unclear as to whether you have called for formality, and I would like that matter clarified, please.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

No, I will come to that now.

10:21 am

Photo of Helen CoonanHelen Coonan (NSW, Liberal Party, Manager of Opposition Business in the Senate) Share this | | Hansard source

Thank you, Mr President. Given that there is obviously a bit of confusion about what is being proposed here, could it be deferred until a later hour? I seek leave to defer it to a later hour.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

I was talking to the Clerk, Senator Coonan, and I missed what you said: are you seeking leave to withdraw?

Photo of Helen CoonanHelen Coonan (NSW, Liberal Party, Manager of Opposition Business in the Senate) Share this | | Hansard source

Yes, well, we were seeking to—

Photo of John FaulknerJohn Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | | Hansard source

Mr President, I raise a point of order. My point of order is that Senator Coonan was given the call without either taking a point of order or seeking leave. Of course, if Senator Coonan seeks leave, I am sure leave will be granted.

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern Australia) Share this | | Hansard source

She did seek leave.

Photo of John FaulknerJohn Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | | Hansard source

No, leave was not granted in this chamber. To my knowledge, leave was not sought—and I was listening pretty carefully—nor was it granted. It will be if it is. I think we have a problem if senators just stand up and speak, particularly when debate is constrained in this sort of matter. I might say in conclusion to my point of order—and that is my substantive point of order—that this shows the absurdity of dealing with these sorts of matters when formality has been granted. It would have been better, of course, in relation to this matter if it had been dealt with in a different manner.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

I know you want to respond, Senator Macdonald, but I was asked a question previously. Formality has not been granted at this stage to this motion. Senator Macdonald, is this a point of order?

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern Australia) Share this | | Hansard source

I am speaking on Senator Faulkner’s point of order, Mr President. I thought Senator Coonan did seek leave. If she did not, we all agree with Senator Faulkner: you cannot just get up in this chamber and chat away; you have to seek leave. I thought Senator Coonan did, but if she did not I am sure she will seek leave. What she wants to do, as I understand, is to move this motion to a later hour this day.

Photo of Helen CoonanHelen Coonan (NSW, Liberal Party, Manager of Opposition Business in the Senate) Share this | | Hansard source

First of all, Mr President, I want to speak to Senator Faulkner’s point of order. I had sought leave. I do not know whether Senator Faulkner had not heard me—so that was the point. But, in relation to what I was previously putting, I had sought leave to have this motion deferred until a late hour.

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | | Hansard source

Mr President, on the point of order: the difficulty we have is that if we defer it to a later hour then it becomes a motion which can be debated. This is the difficulty with all of these things: when you choose to do something, you can have consequences—so, as long as we understand that, if we defer it for a later hour, it becomes a matter that can be debated.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

The Clerk advises that the simple solution is to withdraw the formality and come back and deal with it later on.

Photo of Helen CoonanHelen Coonan (NSW, Liberal Party, Manager of Opposition Business in the Senate) Share this | | Hansard source

I seek leave to withdraw formality.

Leave granted.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

The matter is to be considered later.