House debates

Thursday, 30 March 2023

Business

Standing and Sessional Orders

12:40 pm

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Hansard source

I indicate the government's support for the amendment that was just moved by the member for Clark. I have to say, in terms of the 'reasonable voice' trick, I think the Manager of Opposition Business just did it far more effectively than I've ever done it. When he talks about the rights of members, I just want to flesh out what the Manager of Opposition Business is saying. There are often times when we talk about the fundamental rights of members—the right of members to move motions, the right of members to speak. The fundamental right of members that was just referred to by the Manager of Opposition Business was the right to silence others. I have to say, in terms of rights—and we've all seen the movies where you get told you have a right to remain silent—I've never, until this moment, heard that we're meant to have a right to silence others, and that's effectively what this whole discussion is about.

I've put forward that this only applies after 6.30 for the very simple reason that after 6.30 the House doesn't have the capacity to resolve the question. The other times it's being used are not dealt with in this particular motion; just in circumstances where the House can't resolve it. The amendment that's been moved by the member for Clark and seconded by the member for Kooyong goes further than what I've put to the House. Effectively, it says: after 6.30, nobody, whether they're in the opposition, the crossbench or the government or whether they're a minister, can silence another member. That's what it says. We've never had that principle in the House. I think it's a good one, and the government supports the amendment to the amendment.

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