House debates

Wednesday, 15 May 2013

Bills

Superannuation Legislation Amendment (Service Providers and Other Governance Measures) Bill 2012; Consideration in Detail

5:15 pm

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

The relevant section of the standing order that deals with the recommittal of motions is section 132(b) of the standing orders, which states:

If a division has miscarried through misadventure caused by a Member being accidentally absent or some similar incident, any Member may move, without notice and without the need for a seconder, 'That standing orders be suspended to enable the House to divide again'.

That is what the Leader of the House has done. That standing order is designed to ensure that, if a member is unable to be present for a serious reason, the House will recommit in good faith a vote to reflect the wishes of the House. When this matter was debated in 2010 by me, the crossbenchers and the Leader of the House we envisaged that such occasions were when a member had a very unfortunate health incident that caused them not to be able to get here, when they might be locked inadvertently in a room in the building and not be able to escape, and when they might have had a family emergency which caused them to not be able to leave their office or attend the chamber. But it did not envisage, in this case, three members being in the Great Hall having lunch, listening to the Treasurer's National Press Club speech; not having taken their pagers with them, which all members are supposed to carry at all times; not keeping their eye on the coloured lights in the building that are designed to alert us when a division occurs; and a fourth member who was simply doing a radio interview and did not want to be interrupted. A cabinet minister, the Minister for Resources and Energy, did not want to interrupt a radio interview to vote in the House on behalf of his party.

The member for Eden-Monaro, the member for Chifley and the member for Moreton were just having lunch, on the people's time, at the National Press Club address in the Great Hall and they did not want to be interrupted. They wanted to hang around the Treasurer and listen to his speech. They did not want to come into the chamber and vote on a very important bill.

So the opposition is not of a mind to support the suspension of standing orders because we expect members of parliament, when they are in this building, to be aware of what is happening in the chamber. There may be only five weeks left of this parliament and members might be looking for another job if they are going to lose their seats or they might be planning what they will do in the 44th Parliament. But they are still required, five weeks from the end of this parliamentary sitting period, to keep an eye on what is going on in this chamber, especially on important bills. If any members had a health issue, a family emergency or been inadvertently imprisoned in the building, then of course the opposition would have been more than happy to recommit this motion. But none of those things occurred. Instead, three of the members were lunching in the Great Hall, a few hundred metres from where we stand today. Other members of parliament who were at the same luncheon had no difficulty in getting to the chamber. They were carrying their pagers, watching the lights. Many members of parliament even have their staff be aware of what is going on in the chamber so that if there is a division they can be alerted and make their way to the chamber.

You would think that the member for Brand, a cabinet minister, who is the Minister for Resources and Energy and the Minister for Small Business, and the member for Eden-Monaro, also a cabinet minister, who is the Minister for Defence Science and Personnel, with their legions of staff, would have had at least one person in their office keeping an eye on the chamber so that their boss did not make a mistake and miss a vote.

Four members of the Labor Party could not be bothered turning up for a very important amendment, an amendment that requires three independent directors to be appointed to industry superannuation funds. The opposition likes this amendment. It is a good amendment and we are delighted that the parliament voted for it. It did not win by one vote; it won by four votes. It was a clear and emphatic victory: 72 to 68. This amendment improves the bill. Now that the amendment has been carried by a democratic vote of the House, it should be put to the parliament as the final bill and should be carried in the best interests of industry super funds.

The opposition will not be supporting the suspension of standing orders. It is important for the House tonight that the parliament gets 76 votes for this amendment to be recommitted. One member of the government is not able to be here for very good reason. Of course, as you would expect, he has been paired by the opposition, in tragic circumstances. But one of our members on this side of the House, the member for Fairfax, went home this afternoon, in Canberra, because he is ill and the government has broken the pair.

Mr Albanese interjecting

You should check with your chief whip, such as he is! He could not keep his own whip in the House. The member for Moreton is a recently appointed whip and he could not even be in the House for a vote. That is who the caucus voted for.

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