House debates

Thursday, 25 May 2006

Questions to the Speaker

Division: Recording of Votes

3:22 pm

Photo of Julia GillardJulia Gillard (Lalor, Australian Labor Party, Shadow Minister for Health and Manager of Opposition Business in the House) Share this | | Hansard source

Mr Speaker, I would remind you of another difficult day in this parliament: 13 October 2005. On that day, you might recall, Mr Speaker, that there was a vote taken in the parliament and there was a concern by opposition members that the member for Goldstein, now the Parliamentary Secretary to the Minister for Immigration and Multicultural and Indigenous Affairs, entered the chamber after you had called for the doors to be locked but before the doors were closed. You would recall, I think, Mr Speaker, that, after some confusion about that matter in the House and some concern about that matter, on the next sitting day, which was 1 November 2005, you made the following report back to the House on the question. You said:

Late on the last sitting day, 13 October, some confusion arose about a division called at 4.26 pm. I wish to report to the House that after the House rose, in discussions with me, the honourable member for Goldstein stated that in the circumstances he would not wish his vote to be recorded. With the honourable member’s agreement I spoke to the whips and, with their agreement, the honourable member’s vote was not recorded.

Mr Speaker, relying on that precedent you would be aware that there was concern today after you had resumed the chair that on the question of the vote on the proposition that the member be no longer heard, referring to the member for Grayndler when he was speaking to the member for Wills’s suspension motion, that there was a period in which, after you had ordered that the doors be locked, the doors remained open.

Photo of Mrs Bronwyn BishopMrs Bronwyn Bishop (Mackellar, Liberal Party) Share this | | Hansard source

Mr Speaker, I rise on a point of order. The point of order is that the member opposite is debating a question and putting it in the form of a question. If this precedent is established, we will have the ridiculous situation where debates take place outside the standing orders and where members can rise and make any allegation they like which is truly the subject of debate, and it is quite out of order.

Photo of David HawkerDavid Hawker (Speaker) Share this | | Hansard source

I thank the member for Mackellar. The member for Mackellar raises an important point. I do believe that, while the Manager of Opposition Business certainly has a valid question, she could get to her point a little faster. I call the Manager of Opposition Business and ask her to come to the point.

Photo of Julia GillardJulia Gillard (Lalor, Australian Labor Party, Shadow Minister for Health and Manager of Opposition Business in the House) Share this | | Hansard source

Certainly, Mr Speaker, and I was just about to do so. My point is this: in the period between when you ordered that the doors be locked and when they were finally secured, a number of government members entered the chamber. To my certain knowledge, those members included the minister for education, the minister for workplace relations and the member for Dawson, although there were others. Can I suggest, Mr Speaker, in accordance with the precedent you yourself set, that you ask government members who entered the chamber in these circumstances, that you discuss the matter with them and that you advise them that the clear parliamentary precedent in these circumstances is that they seek to have their vote not counted—exactly the same mechanism used by the member for Goldstein very appropriately.

Photo of David HawkerDavid Hawker (Speaker) Share this | | Hansard source

I thank the Manager of Opposition Business. I was not aware that members came into the chamber after the doors were to be locked, but I am happy to investigate the points she made with the three members she mentioned.

Photo of Julia GillardJulia Gillard (Lalor, Australian Labor Party, Shadow Minister for Health and Manager of Opposition Business in the House) Share this | | Hansard source

As quick clarification: there were a large number; I would say more than 10. I did not want to speculate on the identities of them. I did not keep a complete list. But I have at least confirmed the three names I raised with you with a number of opposition members, and I am confident of those.

Photo of David HawkerDavid Hawker (Speaker) Share this | | Hansard source

I thank the Manager of Opposition Business. I will talk to those three members. I am not aware of others, and I was not aware at the time of anyone, but I will follow up the matter for her.