Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source

I move:

That in accordance with standing order 132, standing and sessional orders be suspended to enable the House to divide again on the question viz.: That the bill be now read a second time.

I move that motion on the basis that when we had this discussion the government put a view that if someone misses a vote or, as the standing orders provide, there is ‘misadventure caused by a member being accidentally absent or some similar incident’ then it should be recommitted to the vote. My view, as indicated, is that that should be automatic, as occurs in the Senate. However, we have to suspend standing orders in order for that to occur.

In this case, the member for Mallee, John Forrest, is sick, so he did not attend the division and there was no request from the opposition to the government for a pair to be granted. The government is of the view that pairs should be granted in legitimate circumstances, whether they be work issues or sickness. I understand that the opposition were not aware of the member for Mallee’s health issues and so no aspersions are cast on the nonasking for a pair. These things happen with real human beings, though I do indicate that the government would expect, under similar circumstances, the same response from the opposition and from all members.

I think that these circumstances are a reminder that common sense should apply when it comes to the granting of pairs. So it is appropriate that the motion be recommitted to the vote rather than the record showing 71 votes each and then you, Mr Speaker, having to make a determination. If the member for Mallee had voted in the division, we accept that the second reading of the Environment Protection and Biodiversity Conservation Amendment (Public Health and Safety) Bill 2010 would have been carried by a majority of the House and would be carried again if everyone maintains their vote. So I think this is an appropriate way to move forward with a bit of common sense and a bit of goodwill. The government has always had that approach and I encourage all members to have that approach.

Christopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | Link to this | Hansard source

I will not delay the House for long. The Leader of the House has outlined the situation perfectly factually with a little bit of gilding the lily at the end, but we will put that to one side. Obviously, the agreement for a better parliament that the government, the opposition and the crossbenches agreed to required that when a vote is recommitted there be a suspension of standing orders and that could lead to a debate. On this occasion it is perfectly transparent that if the member for Mallee had been here the opposition would have succeeded in the passing of the second reading of the Environment Protection and Biodiversity Conservation Amendment (Public Health and Safety) Bill 2010. We will therefore agree to the recommittal of this vote and then proceed directly to a vote in the House.

We hope that the member for Mallee recovers swiftly. We also apologise for not knowing that he may not be able to attend this morning’s vote. Having discovered those facts, I thank the Leader of the House and the government for acting in what is an entirely appropriate way. I look forward to proceeding to the vote.

Question put:

That the motion (Mr Albanese’s) be agreed to.

Question agreed to, with an absolute majority.