George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

I seek leave to make a five-minute statement about proceedings in the Senate Legal and Constitutional Affairs Legislation Committee last week.

Leave granted.

On 16 March 2011, during the course of a hearing of the Senate Legal and Constitutional Affairs Legislation Committee, I described the conduct of the Speaker of the ACT Legislative Assembly as impertinent. Mr Rattenbury, the Speaker, was a witness before the committee. The chair of the committee, Senator Crossin, referred to you, Mr President, the question of whether in doing so I breached standing order 193(3). By a letter to Senator Crossin on 21 March, you indicated that in your view the words ‘impertinent’ and ‘impertinence’ were a breach of standing order 193(3). In view of your ruling, I unreservedly withdraw those words.

In doing so, may I add this. I have, since inspecting your letter, caused some research to be conducted into the use of those words in the Senate. Since the time of the election of the Howard government in March 1996, the words ‘impertinent’ or ‘impertinence’ have been used in the chamber by honourable senators on six occasions, without objection, under the presidencies of President Reid, President Calvert and indeed yourself. They have also been used on six occasions, without objection, in the proceedings of Senate committees. On one of those occasions, on 28 March 2006, the author of the word was Senator Bob Brown, who described the conduct of other members of parliament as an impertinence. That was not objected to, nor was it the subject of an adverse ruling by the chair. Nor is there any suggestion in the practice books, either Odgers’ or Harris’s House of Representatives Practice, that the words ‘impertinent’ or ‘impertinence’ fall beyond the proper conduct of a parliamentary exchange.

Mr President, none of those precedents are considered by you in your letter of 21 March. In view of the fact that the dictionary defines ‘impertinent’ to mean—

Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Link to this | Hansard source

What you’re doing!

Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Withdraw it!

George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

irrelevant, intrusive, out of place, absurd, lacking proper respect—

Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Link to this | Hansard source

I withdraw. I don’t have his pattern of behaviour.

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

Order! Senator Brandis is entitled to be heard in silence.

George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

it would be very surprising to the opposition indeed if, on a considered view of the matter, it was prohibited in a parliamentary forum for a member of parliament to accuse another of conduct that was irrelevant, intrusive, out of place, absurd, insolent or lacking proper respect. Mr President, in view of that and in view of the fact that your letter of 21 March does not advert to the 12 precedents in the last 15 years where the term has not been objected to and has been regarded as unexceptionable, might I respectfully request you to reconsider the matter in light of those precedents?

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

by leave—The purpose of my short statement is really to ask the opposition whether or not they have afforded Senator Bob Brown the opportunity of hearing what Senator Brandis has now said. It would seem appropriate to do that. If it has not been done, then Senator Brown should certainly be allowed the opportunity of at least responding to the issue that has been raised. I would have thought it was courteous to do that.

George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

by leave—Senator Brown is aware that the Senate convenes at 9.30. He is not here. If Senator Brown chooses not to be here, that is entirely a matter for him.

Opposition Senators:

Opposition senators interjecting—

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

No, we are not going to morph into a debate. I have called the Clerk to call on business.