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

Mr Clerk, as it is now necessary for the Senate to choose one of its members to be President, I propose that the Senate choose Senator Ryan, and I move:

That Senator Ryan take the chair of the Senate as President.

The Clerk: Are there any further nominations?

Richard Di Natale (Victoria, Australian Greens) Share this | Link to this | Hansard source

I propose to the Senate for its President Senator Whish-Wilson, and I move:

That Senator Whish-Wilson take the chair of the Senate as President.

The Clerk: Are there any further nominations? There being two nominations, I invite the candidates to address the Senate.

Scott Ryan (President, Special Minister of State) Share this | Link to this | Hansard source

It is a great honour that my colleagues in the government have nominated me for this distinguished position. It is not a circumstance that I thought would present itself, nor one that I particularly thought would present itself to me personally in the immediate years before me. The role of this chamber in our Constitution is something I have always treasured. I have studied it, I have taught it and I have always been a strong defender of it. It plays a unique role in giving Australians a voice who might not often have a voice in the other chamber, represented not necessarily by a geographic constituency but by interests they may form collectively through voluntary association or through their efforts in our community. I treasure this chamber and the role it plays. I seek your support. I appreciate that it is not common for someone to resign from the ministry, as I have done, to contest this. But it is not unprecedented. I am advised there have been eight former presidents who have previously served as ministers. I understand that the most recent one was my distinguished predecessor the Labor senator Douglas McClelland. He too served as Special Minister of State in a previous life. I think this particular portfolio gives me a unique perspective on how to put forward and defend the interests of senators and the Senate itself. Thank you.

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

The Greens, and the crossbench, are a very important part of this parliament. We are a very important part of this chamber, the Senate, and we have been voted into this place by millions of voters across this country. There are no rules and regulations that say the government of the day has to have the President's position in this chamber. It has only been the convention between the old parties, Labor and Liberal, that the President should be with the government of the day. Today, the Greens want to challenge this convention and send a message that we and the crossbench, every single one of them, play a critical role in this democracy, in this government, in this parliament.

I'd also like to say—and I've said this publicly already—that Senator Parry was an excellent President of the Senate. Let me be the first one to say that in this chamber this morning, following recent weeks where we haven't been here. There are still questions to be answered around Senator Parry's departure. This government, and the way it's handled this citizenship crisis, is a disgrace. You have brought disrespect onto the position of the President of the Senate by how you have handled this constitutional crisis.

Bridget McKenzie (Victoria, National Party) Share this | Link to this | Hansard source

Stick to the topic, Peter.

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

The topic is very clear: any senator in this chamber has the right to nominate for the presidency of the Senate. You have brought disrepute onto the position of the President of the Senate by the way you've handled Senator Parry's departure. Senator Parry made it clear: he passed on the information about his potential position in relation to his citizenship, and he was forced to resign only a few weeks ago.

I would ask that the Senate consider restoring respect to the position of President of the Senate—and not reward the behaviour and the chaos and the lack of integrity of this government—by giving the position to the Greens, the only party that has shown integrity throughout this process. We didn't think of ourselves or our political party. We thought about doing the right thing for Australia. We wanted confidence in the institution of parliament and in the role that we were elected to perform. I think it's very clear, based on what has happened in recent months, that the Australian people have lost respect and confidence in the institution of parliament. I ask that you take one step this morning to restoring that respect by voting the Greens into the position of President of the Senate.

The Clerk: Unless any other senator wishes to address the nominations, a ballot will now be held. Senator Di Natale.

Richard Di Natale (Victoria, Australian Greens) Share this | Link to this | Hansard source

I'd also like to echo the Greens' proposal to nominate Senator Whish-Wilson for President of the Senate.

The President of the Senate is a critical role in this place. It helps to determine how the Senate functions. It's a role that ensures that it brings integrity to the parliament, and right now—now, more than ever—our parliament needs people who act with integrity and with decency. Senator Peter Whish-Wilson is the right person for the role.

I'd just say to my Labor colleagues that this isn't a gift to be handed between the major parties, an entitlement that belongs to either of you. This is a position that is owned by the Senate. I speak to my fellow crossbenchers as well, many of whom, I know, would do an admirable job in that role as well. It's not a gift of government. It's not something to be bestowed upon the next person in line. It's not a favour to be done to one of their own side. I will just say that this is now an opportunity for this chamber to make a decision to elect somebody who will ensure that we bring some integrity and some decency back into this place.

Senator Parry was, indeed, a very good President. He did a very good job. I think he's a decent person and he performed his role as President admirably. I think that the former President made a mistake, but his mistake was also a function of confiding in members of his own side who told him to be quiet while he was writing referrals for other members of parliament. Let's not forget that vital point! The President was sitting in that chair writing referrals to the High Court for other members of parliament, all the while having told people on his own team—ministers, no less—that he may have been ineligible. The advice he received was to sit down, be quiet and effectively hope that this issue would go away.

It does show that the Liberal Party has treated the role of President as a political tool. I just implore members opposite—I implore the Labor Party—to recognise that now is an opportunity not to look after your own interests, knowing that at some point you're going to be in a situation where you'll be demanding the Presidency from the Liberal Party, but, indeed, to show that we have an opportunity to break this deadlock, to return, I think, some decency to this chamber and to appoint somebody in an independent role.

The Clerk: Senator Hinch has a point of order.

Derryn Hinch (Victoria, Derryn Hinch's Justice Party) Share this | Link to this | Hansard source

I object to the fact that Senator Macdonald is having a private conversation while important information is being discussed in this chamber. Thank you.

The Clerk: There's no point of order, Senator Hinch. Senator Di Natale, you have the call.

Richard Di Natale (Victoria, Australian Greens) Share this | Link to this | Hansard source

I will just finish by saying that today's an opportunity to break from this convention that says it's only the government of the day that should assume the presidency. Today's an opportunity for the Labor Party to tell the Liberal Party that they don't deserve this role. They don't deserve to have the next President of the Senate, because of the way they treated the previous one and because of the way they said to the previous President, 'Ignore your constitutional obligation, knowing you may be ineligible, and keep your head down, be quiet and let's hope the whole thing goes away.' It is an opportunity to restore some respect in the office of the President and I do believe that Senator Whish-Wilson is the right person for the job.

Senator Whish-Wilson has served as a temporary chair of the Senate for four years now. He brings very valuable insights on what reforms could be made to improve the functioning of this parliament. He's made it clear that if he's elected he will donate any additional salary to charity. He has demonstrated that he wants to use this opportunity to usher in a new era of openness, of transparency, of integrity and of accountability to this parliament, and I commend Senator Whish-Wilson's nomination to the Senate.

The Clerk: If no other senator wishes to address the nominations, there being two nominations, in accordance with the standing orders, a ballot will be held. But before proceeding to a ballot, the bells will be rung for four minutes.

The bells having been rung—

The Clerk: The Senate will now proceed to a ballot. Ballot papers will be distributed. Please write the name of the candidate you wish to vote for. The candidates are Senator Ryan and Senator Whish-Wilson. I invite Senator Bushby and Senator Siewert to act as scrutineers.

A ballot having been taken—

The Clerk: The result of the ballot is as follows: Senator Ryan, 53 votes; Senator Whish-Wilson, 11 votes; and one invalid vote. Senator Ryan is therefore elected 25th President of the Australian Senate in accordance with the standing orders.

Senator Ryan having been conducted to the dais—

Scott Ryan (President, Special Minister of State) Share this | Link to this | Hansard source

Thank you, Senators. As I mentioned in my earlier statement, I appreciate that it is rare that someone has stepped down from the ministry to take on this position, and, with your support, I am honoured to do so. I do emphasise: I am now your servant. I now represent all senators. I'm no longer part of the executive government. And I will treat every senator on their merits as an individual representative of their state, regardless of party or office held. I thank you once again for the distinguished honour which you have granted me.

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

Mr President, on behalf of all honourable senators, it is a great privilege and pleasure to congratulate you on your election as the 25th President of the Australian Senate. Yours has already been a conspicuous parliamentary career. Elected at the 2007 election, you, Mr President, established your reputation at an early stage as an active and competent participant in the Senate's committee system, including a period of time as Chair of the Senate Finance and Public Administration Committee. When the coalition was in opposition, you were appointed to the shadow ministry and, upon the election of the Abbott government in 2013, you took your place on the front bench. You served initially as Parliamentary Secretary to the Minister for Education and Training. You served as Assistant Cabinet Secretary, as Minister for Vocational Education and Skills and, most recently, as Special Minister of State. You've also been the Deputy Manager of Government Business in the Senate. But Mr President, as you say, with your election to the high office of President of the Senate, you put any loyalty to the executive government behind you, because you are now a servant of the Senate itself. I mean no disrespect to any other senator when I say: I cannot think of a better person to fulfil this role.

Mr President, we have known each other for many years and I am proud to be able to number you among my friends, and one thing I know of you, from the many, many conversations we have had over the years, is that you are a profound believer in the importance of institutions—in their integrity; in their stability; in their role in Australian democracy. You will bring that commitment to the importance of institutions to the role of President. You are, of course, somebody who identifies, as do I, as a classical liberal and as somebody who embraces that philosophy as well. You are somebody who understands the importance that, in this, the pre-eminent parliamentary chamber of the land, the Australian Senate, free and thorough debate on the legislation and the important issues before the Australian people should be conducted in an intellectually honest and open way.

We all know you to be a person of integrity. We all know you to be a person with a natural and quiet authority. Those of us who know you well know you're a great stickler for the rules. Your knowledge of the Senate standing orders and procedure of this chamber is legendary. You will bring all of those qualities to a fine period of service as President of the Senate.

It should be noted on this occasion that we have just sworn in the youngest ever senator in the history of the Commonwealth of Australia, Senator Steele-John, and that you, Mr President, will be the youngest person ever to become President of the Senate, at the age of 44. May I say, at least on behalf of government senators, that because you have so many years ahead of you we trust that you will continue to be President for many years, if not decades to come. It is also of note, Mr President, that you are the first Victorian senator to hold the office of President of the Senate since the late senator Sir Magnus Cormack, of whom we've read more often than we expected in recent weeks and months.

You were a student of politics before you became a senator. You graduated from the University of Melbourne with first-class honours in arts. Those who know you are surprised that you don't have a law degree, because you know more about constitutional law than most lawyers do. You certainly know more about American political history and American constitutional law than almost anybody I have ever met. You, before your time as a senator, worked at the Institute of Public Affairs. You worked as a senior adviser to the Victorian Leader of the Opposition; as a speech writer for Senator the Hon. Nick Minchin; in the office of the former Premier of Victoria, the Hon. Jeff Kennett; and on the staff of the former Treasurer, the Hon. Peter Costello. Indeed, the occasion should not pass unremarked that proteges of Peter Costello's, namely you and the Speaker of the House of Representatives, Tony Smith, now preside over both chambers of the Australian parliament. It is particularly significant that you should be a protege of Peter Costello's in your current office, given his deep and abiding affection and respect for the Senate. Mr President, as I say, we look forward to you presiding over this chamber with the dignity, the authority, the fairness and the integrity which are your hallmarks.

It's also appropriate on this occasion for me to note the fact that because of the circumstances of his departure there will not be the usual occasion for valedictory speeches about the former President of the Senate the Hon. Stephen Parry. We all know the circumstances which led Senator Parry to conclude that he ought to resign. They were not without political controversy, but they do not reflect upon Senator Parry personally. What I should say, and I am gladdened by and appreciative of the remarks of Senator Whish-Wilson and Senator Di Natale in their earlier contributions, is that Senator Parry was a very fine President of the Senate. He was acknowledged on all sides of the chamber for his even-handedness and his authority. The fact that Senator Parry is no longer with us is a cause of regret to the many of us who were his friends, and I wish to take the occasion to thank Stephen Parry for the great service that he did to this institution and for the dignity with which he presided over the chamber in his period of service as President.

But the Parry presidency is behind us. We look forward with eagerness to the rejuvenation represented by the presidency of yourself, Mr President. I have to get out of the habit of calling you Senator Ryan and refer to you only by your more dignified title as you sit in the chair. On behalf of government senators and, I'm sure, on behalf of all in the chamber, we congratulate you and we wish you well.

Honourable senators: Hear, hear!

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

Mr President, I rise on behalf of the opposition to congratulate you on your election to the position of President. At the outset, I note that the opposition does take the view that the government of the day has the right to nominate the President of the Senate. I note that there were some comments made—disappointingly in what is generally a ceremonial part of these proceedings—about that convention. We take that view because we do regard the functioning of this chamber as important to our democracy and, in a chamber where no one party has a majority, we think conventions such as these—that the two parties of government have the President and the Deputy President—assist in the stability and effective functioning of the chamber. That is our view.

I would also make this point: that convention is not a blank cheque. It is always the expectation of any opposition, and I'm sure of any government, that whoever is nominated for President or Deputy President is someone who is appropriately qualified and suited to the significant responsibility that comes with this position. I am pleased that the government has nominated a senator who has those appropriate qualities and that the opposition is in a position to support you. Senator Ryan has, as the Leader of the Government in the Senate has said, been a senator for Victoria since 2008, twice re-elected.

I would refer—just so the President does recall this—to one of the things he has spoken about, which is the role of a bicameral parliament in the nation's democracy. I'm proud to describe myself as a federalist. It is entirely consistent with liberalism that power should be divided and kept as close as possible to the people. This chamber itself reflects that fact. This Senate is granted a mandate by the people to review, reject or amend legislation. It is an explicit and intentional check on the domination of the other place by the executive. I thank Senator Ryan, the President, for those commitments. I thank him for his commitment to the place of the Senate in our constitutional system of government. He is right to reflect that this is the chamber in which executive government is held to account in a way which rarely occurs in the House of Representatives, and this, of course, demonstrates the importance of fairness and impartiality being brought to the position of President. I have no doubt that the President's first statements in this place will be an ongoing guide to him as he undertakes his role as President.

I make a few other points. I did raise when I saw your name in the paper, Mr President, the fact that you'd been a prior minister. I understand in fact the last former minister to serve as President of the Senate was Doug McClelland, who served in the Whitlam ministry—also, coincidentally, as the Special Minister of State—and one of my staff tells me that the last bearded President was also a Labor Senator, Senator Beahan. So there you are! You reflect two very good, strong and competent Labor Presidents. We hope you do that tradition well.

I want to make some very brief comments about Senator Parry, given that the Leader of the Government in the Senate has done so. The opposition retains concerns about the circumstances of Senator Parry's departure and we will, I'm sure, in subsequent debates put those views about who knew what and when, but now is not the time. I would make this point: in my dealings with him, I found him competent and decent. I think he was a fair President, I think he was a defender of the role of this chamber, and, on behalf of the opposition, I thank him for his service.

Once again, I congratulate you, Mr President, and we look forward to working with you.

Honourable senators: Hear, hear!

Richard Di Natale (Victoria, Australian Greens) Share this | Link to this | Hansard source

Mr President, it's great to see another Victorian in the chair. I think you and I first met on the hustings in the campaign for the Senate; it might have been back in 2007. Our politics are very different—I think when you were cutting your teeth with the Institute of Public Affairs I was out there with my doctor's bag somewhere around the country—but I've always found you to be a very decent, straightforward, honest and direct person to deal with. I think you handled your role as Special Minister of State with aplomb, and I have to say on behalf of the Greens we've always found you to be very receptive.

You're one of the few parliamentarians in this place who has answered his phone almost religiously whenever we've called. I've had occasion to think that maybe you're not busy enough! But you have always been very receptive, and we're very grateful for your assistance. I'm sure you will conduct your role as President in the same way as you have conducted yourself previously. I didn't know that you were an expert on constitutional law. I suspect that some of your advice may be welcome to your side at the moment.

I want to say a couple of words about Senator Parry. Senator Parry was a very fine President. He did a good job. As Greens, again, although we may not have shared his political views, we all felt that he handled that role with the independence it requires and that he was always fair during question time, pulling up not just opposition and crossbench senators but sometimes people on his own team. I'm sure you'll conduct yourself in the same way.

I think that Senator Brandis said in his speech, 'We all know the circumstances in which he left.' Well, the sad fact is that we don't. We don't know all of the circumstances in which Senator Parry departed. We know that there are issues around him confiding in ministers, and that is obviously a concern and something that should be followed up at a later point.

In closing, Mr President, I understand you've had some health issues recently. Just be careful at those lunches and dinners that you'll be finding yourself presiding over regularly. You might want to make sure that you have some special meal requirements, because it's going to be a very taxing few years in the role. But we wish you all the best and good luck in your new role as President of the Senate.

Nigel Scullion (NT, Country Liberal Party, Minister for Indigenous Affairs) Share this | Link to this | Hansard source

Mr President, on behalf of the National Party, I'd like to congratulate you on your ascension to the presidency. As we look across the Liberal Party, you would be somebody with the skill sets for it—particularly your knowledge of standing orders and your knowledge of the Constitution. But, most importantly, there is your well-known love of the Senate and the special role that it plays as a particular institution across our parliament.

There is another element, of course, of impartiality. We've heard from the others across the chamber, and the consistent process is, of course, that you're trusted and that you're a decent person but also that you respect this place so much that you will always be impartial. Congratulations on your ascension.

I'd also like to take this opportunity to acknowledge what I consider just a fantastic role that the previous President, Senator Parry, played. I have plenty of conversations across the chamber, and the words said about Senator Parry are that he was fair and impartial. I would say that, since I've been in this place, he was certainly the best President I've ever served under, and we wish him well in the future.

Mr President, congratulations on behalf of The Nationals on your ascension.

Cory Bernardi (SA, Australian Conservatives) Share this | Link to this | Hansard source

In adding the voice of the Australian Conservatives to the congratulations on your election as President, I'd like to acknowledge and recognise that you are a student of history and that history is what essentially guides us in this chamber and in this parliament. Not only is there the letter of the law in the standing orders; there's also the intent of them, and I think the intent of when they were framed, the conduct and manner in which they are upheld, the convention, effectively, and the spirit in which we engage in our business here are all invested in the presidency of the Senate.

Your predecessor, I thought, got the balance very right. It's no secret that he is a good friend of mine, and I thought he handled his job with a mixture of a sense of humour—the spirit in which it was intended—in the robust debate here but also upheld the dignity and principle of this place.

Mr President, in a very challenging time for the standing of parliament, I think it is a wise choice that the Senate has made in electing you as the President of the Senate. It is one that will help to re-establish some dignity based upon the historical principles that have made us one of the great democracies of anywhere in the world.

So I congratulate you and I look forward to working with you. I'm sure you've already noticed that some of us appreciate the role of convention, so you haven't had to make any dubious rulings already!

Derryn Hinch (Victoria, Derryn Hinch's Justice Party) Share this | Link to this | Hansard source

On behalf of Derryn Hinch's Justice Party, I'd like to say congratulations to you on winning this election. I do believe it is the right of the major party in the Senate to make the appointment of the President of the Senate. Mr President, you were one of the first people I met as a Senator-elect in Melbourne last year. I think you're a great selection to be President. I would say to you—nobody else will understand this—Tahiti Nui is a great place, at which we shall one day celebrate, and because we're so close to Christmas I can say to you, Mr President, Mele Kalikimaka.

Senator Parry, I would say, was my favourite person in this whole chamber. As a newcomer, he treated me with respect, he gave me knowledge and he took me into his office and showed me the President's wig from decades ago. I found him to be an amazing President. He controlled this place fairly, amicably and with style and substance. I would say, though—I would be dishonest otherwise, because I've said it elsewhere—that I felt betrayed by President Parry. I thought as a former policeman he knew right from wrong, sitting in his chair for as long as he did. I think he was betrayed by the wrong advice he got from his ministerial colleagues. The way he went was very sad and was wrong. But I have to say he was a great President. Thank you.