Mr Tony Burke (Watson, Australian Labor Party, Leader of the House) Share this | Hansard source

As is also standard on the second day of a new parliament, the government is putting forward a series of amendments to the standing orders and a proposed sessional order. For new members, the difference is that the sessional order will apply to the 48th Parliament only, and the standing orders changes are ongoing. I move:

That standing orders 1, 2, 9, 24, 34, 45, 78, 80, 88, 94, 100, 127, 133, 175, 192, 192B, 193, 215, 232, 267 and 268 be amended, standing order 50B be adopted, and sessional order 65A (Opportunities for crossbench Members) be adopted for the remainder of the session, as follows:

1 Maximum speaking times

The maximum time limits that apply to debates, speeches and statements are as follows.

2 Definitions

The following meanings apply throughout these standing orders.

…

dissolution means the ending of the House, and therefore the Parliament, by the Governor-General before the expiration of three years from the first sitting of the House after a general election.

…

9 When Governor-General does not attend

(a) If the Sovereign attends a meeting to declare the causes for the calling together of Parliament, references to the Governor-General in this chapter shall be read as references to the Sovereign.

(b) If the Governor-General appoints a Deputy in accordance with section 126 of the Constitution to announce the causes for the calling together of Parliament, references to the Governor-General in this chapter shall be read as references to the Deputy.

24 Seats for Members

The Speaker shall determine any dispute about the seats occupied by Members.

34 Order of business

The order of business to be followed by the House is shown in figure 2.

Figure 2. House order of business

45 Order of government business and programming declarations

(a) The Leader of the House may arrange the order of notices and orders of the day for government business on the Notice Paper as he or she thinks fit.

(b) The Leader of the House or the Chief Government Whip may make a programming declaration in the House in relation to one or more items of government business.

The declaration may refer a government business order of the day to the Federation Chamber, or may require a government business order of the day to be returned from the Federation Chamber for further consideration in the House. The matter must be set down for consideration at a later hour that day.

(c) When there is no question before the House, a Minister may move, without notice, that a government business notice or order of the day be called on immediately. The question must be put immediately and resolved without amendment or debate.

50b Further statements

(a) Following a statement on a significant matter (standing order 50a) or a statement by indulgence of the Chair, a Minister may move, without notice, that further statements be permitted in the House or Federation Chamber.

(b) The Minister may specify a time for the conclusion of further statements.

78 Matters not open to debate

The following questions and motions are not open to debate, must be moved without comment and must be put immediately and resolved without amendment:

(a) motion that a Member's time be extended (standing order 1);

(b) motion that a specific item of government business be called on immediately (standing order 45(c));

(c) motion that the business of the day be called on (standing order 46(e));

(d) motion that a Member be heard now (standing order 65);

(e) motion that a Member be further heard (standing order 75);

(f) motion that debate be adjourned (standing order 79);

(g) motion that a Member be no longer heard (standing order 80);

(h) motion that the question be now put (standing order 81);

(i) question that the bill be considered urgent, following a declaration of urgency (standing order 82);

(j) motion that a Member be suspended (standing order 94);

(k) question that amendments made by the Federation Chamber be agreed to (standing order 153);

(l) question that a bill reported from the Federation Chamber be agreed to (standing order 153);

(m) motion that further proceedings on a bill be conducted in the House (standing order 197);

(n) question in the Federation Chamber that a bill be reported to the House (standing order 198).

Should any of these questions be negatived, no similar proposal shall be received if the Speaker is of the opinion that it is an abuse of the orders or forms of the House, or is moved for the purpose of obstructing business.

80 Closure of a Member speaking

If a Member is speaking, other than when moving the terms of a motion, another Member may move—

That the Member be no longer heard.

The question must be put immediately and resolved without amendment or debate.

88 Use of certain names

A Member must not refer disrespectfully to the Sovereign, the Governor-General, or a State Governor, in debate or for the purpose of influencing the House in its deliberations.

94 Sanctions against disorderly conduct

The Speaker can take action against disorderly conduct by a Member:

Direction to leave the Chamber

(a) The Speaker can direct a disorderly Member to leave the Chamber for:

(i) one hour; or

(ii) three hours, where there is continued or escalating disorderly conduct.

The direction shall not be open to debate or dissent, and if the Member does not leave the Chamber immediately, the Speaker can name the Member under the following procedure.

Member named and suspended

(b) The Speaker can name a disorderly Member. Immediately following a naming, on a motion being moved, the Speaker shall put the question—

That the Member be suspended from the service of the House.

The question must be resolved without amendment, adjournment or debate.

Urgent action

(c) If the Speaker determines there is an urgent need to protect the dignity of the House, the Speaker can order a grossly disorderly Member to leave the Chamber immediately. When the Member has left, the Speaker must immediately name the Member and paragraph (b) shall apply; except that the Speaker shall put the question for suspension without a motion being necessary. If the question is resolved in the negative, the Member may return to the Chamber.

Term of suspension

(d) If a Member is named and suspended, the term of the suspension shall be:

(i) on the first occasion, for the 24 hour period from the time of suspension;

(ii) on the second occasion during the same calendar year, for the three consecutive sittings following the day of suspension; and

(iii) on a third or later occasion during the same calendar year, for the seven consecutive sittings following the day of suspension.

A suspension in a previous session or a direction to leave the Chamber for one or three hours shall be disregarded in the calculation of these terms.

Exclusion from Chamber and Federation Chamber

(e) A Member who is subject to a direction to leave the Chamber for one or three hours, or a suspension for 24 hours or more, shall be excluded from the Chamber, its galleries and the room in which the Federation Chamber is meeting.

Removal of Member

(f) If a Member refuses to follow the Speaker's direction, the Speaker may order the Serjeant-at-Arms to remove the Member from the Chamber or the Federation Chamber or take the Member into custody.

100 Rules for questions

The following general rules apply to all questions:

(a) Questions must not be debated.

(b) A question fully answered must not be asked again.

(c) For questions regarding persons:

(i) questions must not reflect on or be critical of the character or conduct of a Member, a Senator, the Sovereign, the Governor General, a State Governor, or a member of the judiciary: their conduct may only be challenged on a substantive motion; and

(ii) questions critical of the character or conduct of other persons must be in writing.

(d) Questions must not contain:

(i) statements of facts or names of persons, unless they can be authenticated and are strictly necessary to make the question intelligible;

(ii) arguments;

(iii) inferences;

(iv) imputations;

(iv) insults;

(v) ironical expressions; or

(vii) hypothetical matter.

(e) Questions must not refer to debates in the current session, or to proceedings of a committee not reported to the House.

(f) The duration of each question is limited to 30 seconds.

127 Six or fewer Members on a side

If, after the doors are locked, there are six or fewer Members on one side in a division, the Speaker shall declare the decision of the House immediately, without completing the count. The names of the Members who are in the minority shall be recorded in the Votes and Proceedings.

133 Deferred divisions on Mondays, Tuesdays and Wednesdays

(a) On Mondays, any division called for between the hours of 10 am and 12 noon shall be deferred until 12 noon, except for a division called on a motion to suspend any standing or other order of the House moved by a Minister during this period or any division necessary to resolve the question on such a motion.

(b) On Mondays, Tuesdays and Wednesdays, any division called for from 6.30 pm until the adjournment of the House shall be deferred until the first opportunity the next sitting day, except for a division called on a motion to suspend any standing or other order of the House moved by a Minister during this period or any division necessary to resolve the question on such a motion.

(c) Standing orders 80 and 81 shall not apply during a period of deferred divisions.

(d) The Speaker shall put all questions on which a division has been deferred, successively and without amendment or further debate.

[and see standing order 85 in relation to urgent bills]

175 House bills presented to Governor-General

When a House bill has finally passed both Houses, the Clerk shall certify this and the Speaker shall present the bill to the Governor-General for the Sovereign's assent in accordance with section 58 of the Constitution

192 Federation Chamber's indicative order of business

The normal order of business of the Federation Chamber is set out in figure 4.

Figure 4. Federation Chamber indicative order of business

The meeting times of the Federation Chamber are fixed by the Deputy Speaker and are subject to change. Times shown for the start and finish of items of business are approximate. Adjournment debates can occur on days other than Thursdays by agreement between the Whips.

192b Grievance debate

(a) The order of the day for the grievance debate stands referred to the Federation Chamber and shall be taken as the first item of business each Tuesday.

(b) After the Deputy Speaker proposes the question—

That grievances be noted

any Member may address the Federation Chamber or move any amendment to the question. When debate is interrupted after one hour or if it concludes earlier, the Deputy Speaker shall adjourn the debate on the motion, and the resumption of the debate shall be made an order of the day for the next sitting.

193 Members' three minute constituency statements

During the period for constituency statements by Members, the Deputy Speaker may call a Member to make a constituency statement for no longer than three minutes. The period for Members' constituency statements may continue for 30 minutes on Mondays or 60 minutes on Tuesdays, Wednesdays and Thursdays, irrespective of suspensions for divisions in the House.

215 General purpose standing committees

(a) The following general purpose standing committees shall be appointed:

(i) Standing Committee on Climate Change, Energy, Environment and Water;

(ii) Standing Committee on Communications, the Arts and Sport;

(iii) Standing Committee on Economics;

(iv) Standing Committee on Education

(v) Standing Committee on Employment, Workplace Relations, Skills and Training;

(vi) Standing Committee on Health, Aged Care and Disability;

(vii) Standing Committee on Industry, Innovation and Science;

(viii) Standing Committee on Primary Industries;

(ix) Standing Committee on Regional Development, Infrastructure and Transport; and

(x) Standing Committee on Social Policy and Legal Affairs.

(b) A committee appointed under paragraph (a) may inquire into and report on any matter referred to it by either the House or a Minister, including any pre-legislation proposal, bill, motion, petition, vote or expenditure, other financial matter, report or document.

(c) A committee may make any inquiry it wishes to make into annual reports of government departments and authorities and reports of the Auditor-General presented to the House. The following qualifications shall apply to these inquiries:

(i) Reports shall stand referred to committees under a schedule presented by the Speaker to record the areas of responsibility of each committee.

(ii) The Speaker shall determine any question about responsibility for a report or part of a report.

(iii) The period during which an inquiry into an annual report may be started by a committee shall end on the day the next annual report of the department or authority is presented to the House.

(iv) If a committee intends to inquire into all or part of a report of the Auditor-General, the committee must notify the Joint Committee of Public Accounts and Audit of its intention, in writing.

(d) Each committee appointed under paragraph (a) shall consist of 10 members (six government Members, three opposition Members and one crossbench 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 crossbench Members. Supplementary members shall have the same participatory rights as other members, but may not vote.

232 Appointment of committee Chair and deputy Chair

(a) Before the start of business and at any time a vacancy occurs, a committee shall be informed of the name of the member who has been appointed by the Prime Minister to be its Chair. The Chair shall have a casting vote only.

(b) A committee shall elect a member as its deputy Chair. Except as otherwise provided, the deputy Chair shall be a non-government member. The deputy Chair shall act as Chair of the committee whenever the Chair is not present at a meeting. If neither the Chair nor deputy Chair is present at a meeting, the members present shall elect another member to act as Chair at the meeting.

267 Addresses moved

(a) A Minister may move an address to the Sovereign or the Governor-General after notice, except in cases of urgency

(b) A Minister may move without notice an address of congratulation or condolence to members of the Royal Family.

268 Addresses to Queen given to Governor-General

The Speaker shall give to the Governor-General addresses to the Sovereign or to members of the Royal Family, and ask the Governor-General to send the addresses for presentation.

SESSIONAL ORDER

65a Opportunities for crossbench Members

Consistent with the principle that the call should alternate between government and non-government Members and to enable crossbench Members to receive the call in accordance with the crossbench proportion of the non-government membership of the House:

(a) During Question Time, priority shall be given to:

(i) a crossbench Member seeking the call on the fifth, thirteenth, seventeenth and twenty-first questions; and

(ii) an opposition Member seeking the call on the first, third, seventh, ninth, eleventh, fifteenth, nineteenth, twenty-third, twenty-fifth, twenty-seventh, and twenty-ninth questions.

(b) During each period of Members' statements in the House, priority shall be given to at least two crossbench Members seeking the call (standing order 43).

(c) During each period of Members' statements in the Federation Chamber on Mondays, priority shall be given to at least three crossbench Members seeking the call (standing order 43).

(d) During each 30 minute period of Members' constituency statements in the Federation Chamber, priority shall be given to at least one crossbench Member seeking the call (standing order 193).

(e) During each 60 minute period of Members' constituency statements in the Federation Chamber, priority shall be given to at least two crossbench Members seeking the call (standing order 193).

(f) During the grievance debate in the Federation Chamber, every second Tuesday priority shall be given to a crossbench Member seeking the call as the first speaker (standing order 192B).

(g) During the adjournment debate in the House, on Tuesdays and Thursdays priority shall be given to a crossbench Member seeking the call as the first speaker (standing order 31).

(h) During the adjournment debate in the Federation Chamber, every second Thursday priority shall be given to a crossbench Member seeking the call as the first speaker (standing order 191).

(i) For the matter of public importance discussion, the Speaker shall have regard to the crossbench proportion of the non-government membership of the House in selecting matters proposed (standing order 46).

For the interest of members, I'll go through the standing orders changes that we're having, after which we will have time for debate, so I'll keep my remarks as brief as I can. But I will let members know when it's time for first speeches, just before 10.30. If the debate is still going, I will move that the question be put, to make sure that we're not delaying the first speeches.

In the debate, as is always the case, on whichever of these standing order changes people are supportive of, they will be completely silent, and, by whichever ones they object to, they will be completely outraged. And that's fine! I've done this too.

The first change—we have time limits on a series of debates, but there's a general rule for where debate is not otherwise provided for. We've had time limits on speeches but not the debate. That would be a standing one-hour limit. Obviously, it's always open to the House to extend that should the House choose to.

Secondly, there are some changes to deferred divisions. At the moment, between 12 o'clock and two o'clock on Tuesdays, if a division is called, it doesn't happen until after the MPI that day. That has created some challenges when we've had urgent legislation to get across to the Senate, where the Senate needed to deal with it. Effectively, if a division is called, even though the House as a majority might want to vote for it, it's unable to do so until after the MPI, by which time the procedure of the Senate doesn't actually match the processes here. For those people who are used to, on a Tuesday, taking off between 12 and two, they'd now, under this standing order change, have to remain in the parliament.

Next, there are some changes to the routine of business for the House and the Federation Chamber, extending the hours of the Federation Chamber, which gives 30 minutes more of government business but 90 minutes more of constituency statements. This is trying to acknowledge something that I've had members from all sides raise with me over time, asking, 'Can we get better use of the Federation Chamber?' in particular for people to be able to talk about issues within their electorate that might not be owed and properly given during other legislative speeches. This would now provide that extra time in both changes for the Federation Chamber.

Ministerial statements, which don't happen often, when they do happen would now happen immediately after question time. In practice, they can still occur at other times of the day, as is already the case, but that would shift to being the standard time for them.

Next is something that was recommended by the Standing Committee on Procedure some time ago: that, Mr Speaker, you be given a new power. Under 94(a), you would have an option of suspending someone for one hour or suspending someone for three hours. This was recommended to me repeatedly during the last term. I strategically waited until Graham Perrett had left the parliament before I was willing to move it! But that was a unanimous recommendation from the procedure committee as part of its inquiry to recommendations 10 and 27 of the Set the standard report.

Next is something that we've been doing but is not covered under the standing orders, adding to the list of resolutions that can be moved by a minister and then get put without debate, which is to bring on an item of business immediately.

The next is the number of votes required for a full division count. If people wonder whether the consultation across the aisle matters, they have the evidence here, because I was going for a much higher number on this. Basically, the rule that we have for when you have to take a full count of a division was put into the standing orders back when the crossbench itself was fewer than five, and, as the crossbench has grown, we have never increased that number. I was minded to increase it to something approximately the current size of the crossbench, but, in the consultation, the arguments that were put to me were such that I thought that, to be true to the spirit of the consultation, I'd still have an increase but, instead of it being four or fewer, it became six or fewer. So there is still a minor increase there, but I will be upfront; I was aiming higher.

The procedure that we have to refer statements to the Federation Chamber gets formalised. It's similar to what we've already been doing.

Next, there is a bizarre standing order—there are a few, but we're getting rid of this one—that a member of parliament is allowed to become so attached to their seat that, after an election, they can just say they're staying. I am supportive of most forms of industrial action, but I find this one particularly odd. There has been some consultation with the Manager of Opposition Business on this, and we will be removing it.

Next, we are trying to bring some of the committees up to date with the complexion of the non-government benches in the parliament. Effectively, the non-government benches now are basically not precisely but close to a ratio of three to one in terms of the opposition versus the crossbench. On the positions of deputy chairs on committees, that has meant, under our current standing orders, that the opposition receive every deputy chair's position, and the three-to-one ratio makes no difference with respect to deputy chairs. The standing order would change so that, for three committees, it would be the committee itself that elects the deputy chair. That does not guarantee that it would be a member of the crossbench, but it creates a pathway for that to happen for the deputy chair's position. They are positions that historically have automatically gone to the opposition, but the number of committees we've chosen to do this for, rather than to do it for all of them, is to make sure that we don't go further than the three-to-one ratio. The committees are the Standing Committee on Climate Change, Energy, Environment and Water; the Standing Committee on Economics; and the Standing Committee on Health, Aged Care and Disability—these would be the three where the committee would choose its deputy chair.

The next one is the sessional order. Last time we did a sessional order for the first time to give additional questions for the crossbench. In terms of the numbers of the non-government questions, it was the third, seventh and ninth questions where they came in. Occasionally, we would go very long at question time, which the Prime Minister and I always liked but the rest of the frontbench weren't always as mad keen on the idea as we were. When we would go longer, effectively the opposition would get all of those additional questions and the crossbench would get none, so, where we go beyond 10 questions now, there's an additional question for the crossbench when that would happen.

They're the different changes that I have, and I suspect I know the speech that's about to come. If it's like we heard yesterday, it will be about the rights of minorities. Allow me to say I am pleased that the opposition have found a minority they support! I am disappointed that it is themselves.

I commend the motion to the House.

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