Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

I move:

(1) That the following matter be referred to the Finance and Public Administration References Committee for inquiry and report by 4 May 2016:

The outcomes of the 42nd meeting of the Council of Australian Governments held on 1 April 2016, with particular reference to:

(a) schools funding;

(b) hospitals funding; and

(c) taxation; and

(2) That the Senate directs the responsible ministers to ensure that relevant officials of the Department of the Prime Minister and Cabinet and the Treasury appear before the committee to answer questions.

Question agreed to.

I move:

(1) That the following matter be referred to the Finance and Public Administration References Committee for inquiry and report by 4 May 2016:

Commonwealth legislative provisions relating to oversight of associated entities of political parties, with particular reference to the adequacy of:

(a) the funding and disclosure regime relating to annual returns;

(b) the powers of the Australian Electoral Commission with respect to supervision of the conduct of, and reporting by, associated entities of political parties; and

(c) any related matters; and

(2) That the Senate direct Senator Sinodinos to appear before the committee to answer questions.

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

Mr President, I seek leave to make a short statement—

Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

I move that the motion—

Stephen Parry (President) Share this | Link to this | Hansard source

Order! Senator Brandis sought leave. Senator Xenophon, we cannot amend or debate the motion.

Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

My position is that the motion be divided. I understand that is still consistent with the motion that has been passed.

Stephen Parry (President) Share this | Link to this | Hansard source

You can. Senator Brandis, did you have something on a similar matter or nature?

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

Mr President, I had sought leave to make a short statement in relation to the motion but I am happy for you to dispose of Senator Xenophon's point of order first.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Xenophon, you want to divide the motion into parts 1 and 2.

Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

That is correct, Mr President.

Stephen Parry (President) Share this | Link to this | Hansard source

We will so determine to do that. Senator Brandis, do you still seek leave in relation to your request?

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

I seek leave to make a short statement in relation to paragraph 2 of the motion.

Stephen Parry (President) Share this | Link to this | Hansard source

Leave is granted for one minute.

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

I thank the Senate. Paragraph 2 of the motion seeks to have the Senate direct a member of the Senate to appear before a Senate committee. That is unprecedented and a violation of a very fundamental parliamentary principle. Senate committees can call any individual, including members of the Senate, before them, but the Senate cannot direct a member of the Senate to appear before a committee. The consequence would be that in a chamber where the majority had control, the government could direct an opposition senator to appear before a government-controlled committee. It could direct the Leader of the Opposition or a shadow minister to appear before a government-controlled committee. It will be obvious to honourable senators what a shocking precedent that would be. (Time expired)

Stephen Parry (President) Share this | Link to this | Hansard source

I will now put the motion in two parts. I will deal with notice of motion No. 3, part 1, first. The question is that that motion be agreed to.

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

Can you read it out?

Stephen Parry (President) Share this | Link to this | Hansard source

It is in the Notice Paper, Senator Macdonald, there should be a furnished Notice Paper in the chamber. I do not propose to read it out. Just to be clear: it is notice of motion business of the Senate No. 3 paragraph 1.

Question agreed to.

The question is that business of the Senate notice of motion No. 3, part 2, be agreed to.