House debates

Tuesday, 13 September 2016

Business

Standing and Sessional Orders

4:52 pm

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | Hansard source

The Leader of the House is nearly accurate. When he says that there are some aspects of his amendment to standing orders that are not controversial, that is true—for example, changes to petitions. Allowing e-petitions is something that has been sought in the House for a long time, and it is good to see a first step happening with that in standing orders. But it is quite disingenuous to claim that what was put in a joint letter from the crossbenchers and I to the government some time ago now is something that they still need to spend time reflecting on and considering, when they have been able to rush through changes that deal with what happens when you want to conduct a vote for a second time. I move opposition amendment No. 1:

(1)    Omit proposed standing order 132.

(2)    Omit proposed standing order 215(d), substitute:

     (d) Each committee appointed under paragraph (a) shall consist of seven members: four government Members and three non-government Members, provided that if a non-aligned Member is appointed to a committee, such committee shall consist of eight members: four government Members, three non-government Members, and one non-aligned Member. Each committee may have its membership supplemented by up to four members for a particular inquiry, with a maximum of two extra government and two extra opposition or non-aligned Members. Supplementary members shall have the same participatory rights as other members, but may not vote.

(3)    Omit proposed standing order 222, substitute:

222 Selection Committee

(a)   A Selection Committee shall be appointed to:

     (i) arrange the timetable and order of committee and delegation business and private Members’ business for each sitting Monday in accordance with standing orders 39 to 41;

     (ii) select private Members’ notices and other items of private Members’ and committee and delegation business for referral to the Federation Chamber, or for return to the House;

     (iii) recommend items of private Members’ business to be voted on. Three members of the committee are sufficient to recommend an item to be voted on;

     (iv) select bills that the committee regards as controversial or as requiring further consultation or debate for referral to the relevant standing or joint committee in accordance with standing order 143. One member of the committee is sufficient to select a bill for referral; and

     (v) subject to standing order 1, set speaking times for second reading debates.

(b)   The committee shall consist of eleven members: the Speaker, or in the absence of the Speaker the Deputy Speaker, the Chief Government Whip or his or her nominee, the Chief Opposition Whip or his or her nominee, the Third Party Whip or his or her nominee, three government Members, two opposition Members and two non-aligned Members. The Speaker shall be the Chair of the committee. A quorum shall be three members of the committee.

(c)   For committee and delegation business and private Members’ business, the committee may determine the order of consideration of the matters, and the times allotted for debate on each item and for each Member speaking.

(d)   Any non-aligned Member who has a notice of motion or order of the day on the Notice Paper may attend a meeting of the committee to advocate for its selection.

(e)   In relation to committee and delegation business and private Members’ business the committee must report its determinations to the House in time for its decisions to be published on the Notice Paper of the sitting Thursday before the Monday being considered. In relation to bills the committee must report its determinations as soon as practical in respect of each bill or each group of bills.

(f)   Reports of the committee under paragraph (d) shall be treated as having been adopted when they are presented. Reports shall be published in Hansard.

(g)   A referral by determination of the Selection Committee pursuant to paragraph (a) (ii) or (a) (iii), once the determination has been reported to the House, is deemed to be a referral by the House.

This amendment omits the change which is proposed by the Leader of the House to standing order 132. He says, 'You only told me 10 days ago.' How long do we think they have been considering a need to change this standing order? The proposed change to 132 deals with this:

(b) If a division has miscarried through misadventure caused by a Member being accidentally absent or some similar incident, any Member may move on the same sitting day, without notice and without the need for a seconder—

That the House divide again.

At the moment, a suspension of standing orders is required to do that. At the moment what happens is that both sides have to agree to have the absolute majority required for the suspension of standing orders that it is reasonable to have the vote a second time.

The Leader of the House wants to push through a change that is all about his humiliation last Thursday. That is what this is about. There is one reason that this has been brought forward and the issues that were contained in the letter have not been brought forward, and that is that there is a special urgency for the Leader of the House to change the rules when people do not turn up for a vote.

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