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

I wish to make a statement in respect of standing order 191. Earlier today Senator Boswell sought to explain part of his speech on the suspension of standing orders moved by Senator Abetz. Senator Boswell claimed to have been misquoted, misrepresented or misunderstood by other speakers in the debate. As Senator Boswell did not seek to do this until after the question had been put and determined by division, I ruled that it was not open to Senator Boswell to use the procedures in standing order 191, but that he could seek leave to make a personal explanation under standing order 190. On a point of order, Senator Macdonald queried my ruling, which I reinforced by quoting from page 197 of Odgers' Australian Senate Practice and a ruling of President Baker. The Annotated Standing Orders of the Australian Senate complements the explanation in Odgers by providing the following commentary on standing order 191:

The right of a senator to correct the misrepresentation of a speech is an exception to the rule in SO 188 that senators may speak only once on any question. It is a basic right in a debating forum and is not, therefore, dependent on leave being granted. The correction or explanation must occur within the same debate as the misrepresentation.

The Senate transacts its business largely on the basis of motions and decisions. Such motions may be debated—in other words, spoken to. Normally senators may move amendments to the motion and may debate or speak to those amendments. When senators have concluded speaking—that is, finished debating the motion and any amendments—the necessary questions are put to determine the matter. The putting of the question indicates that the debate has concluded. I refer senators to standing order 84, entitled 'Putting of question', which provides as follows:

(1) When a motion has been moved, a question on it shall be proposed to the Senate by the President.

(2) Where the debate on a question is concluded, the President shall put the question to the Senate.

Debate is what occurs before the question is put. Consequently, any action pursuant to standing order 191 must occur before the question is put. The rationale for the standing order is to provide an opportunity to correct any misrepresentations or misunderstandings before a decision is taken. Explanations outside these parameters require leave. I hope this clarifies matters for senators.