House debates Questions to the Speaker

Privilege

Thursday, 13 September 2007 House of Representatives

David Hawker

David Hawker Speaker

9:01 am

Yesterday the member for Grayndler raised as a matter of privilege remarks made by the member for Moreton in the House on 11 September about an Australian Federal Police investigation of three Liberal Party members of the House from Queensland. The ability of members to be able to raise in the House matters that are of concern to them in a frank way is fundamental. However, it is recognised that the freedom of speech which members enjoy in the House should be exercised carefully and in conformity with the rules of the House, particularly with regard to criticisms of the character and conduct of individuals. The House has a specific procedure that allows a person who has been referred to in a debate in the House to make a submission claiming that he or she has been adversely affected by the remarks and to seek a response to be incorporated in the parliamentary record.

Having made those general comments about the conduct of debate and the use of freedom of speech, I see no issue of privilege in the matter referred to by the member for Grayndler. I also note there is a responsibility on members to ensure that only serious matters are raised as matters of privilege and that there is not a misuse of this very important form of the House.

Anthony Albanese

Anthony Albanese Grayndler, Australian Labor Party, Manager of Opposition Business in the House

Mr Speaker, are you suggesting that an attack on the Australian Federal Police is—

David Hawker

David Hawker Speaker

I say to the member for Grayndler that if he wishes to raise questions, this is not the appropriate time.

Unidentified interjection - Hansard doesn't record who said this

Government Members:

Government members interjecting—

Anthony Albanese

Anthony Albanese Grayndler, Australian Labor Party, Manager of Opposition Business in the House

Mr Speaker, are you in charge or is it the bloke opposite?

David Hawker

David Hawker Speaker

If the member for Grayndler wishes to ask questions of the chair, there is an appropriate time.

Don Randall

Don Randall Canning, Liberal Party

He reflects on the chair.

Unidentified interjection - Hansard doesn't record who said this

Government Members:

Government members interjecting—

Anthony Albanese

Anthony Albanese Grayndler, Australian Labor Party, Manager of Opposition Business in the House

I am reflecting on him, moron. Are you going to control these people, Mr Speaker?

Bruce Billson

Bruce Billson Dunkley, Liberal Party, Minister Assisting the Minister for Defence

Mr Speaker, I rise on a point of order. I ask the colleague opposite to withdraw the derogatory remark.

Don Randall

Don Randall Canning, Liberal Party

Mr Speaker, I too ask that the reflection by the member for Grayndler be withdrawn.

David Hawker

David Hawker Speaker

Member for Grayndler, if the members have taken offence, it would help—

Anthony Albanese

Anthony Albanese Grayndler, Australian Labor Party, Manager of Opposition Business in the House

There is no chance, Mr Speaker, of me withdrawing the comment that this bloke is a moron, given—

David Hawker

David Hawker Speaker

The member for Grayndler will resume his seat.

Don Randall

Don Randall Canning, Liberal Party

Mr Speaker, I rise on a point of order. The member for Grayndler has been asked to withdraw. He has not withdrawn. I ask you to enforce the standing orders.

David Hawker

David Hawker Speaker

The last remark made by the member for Grayndler could be withdrawn to help the proceedings. I ask the member for Grayndler to withdraw that remark.

Anthony Albanese

Anthony Albanese Grayndler, Australian Labor Party, Manager of Opposition Business in the House

In deference to you, Mr Speaker, I withdraw. Mr Speaker, I just raise the issue that yesterday, after I raised the issue of privilege with you, you pointed out that the matter had to be raised at the first possible opportunity. Given your ruling, I seek leave to raise with you the issue of my ongoing concern that we have had an attack on the integrity of the Australian Federal Police and that that is, in my strong view, a matter of privilege and it should be, as a minimum, referred to the Privileges Committee for—

David Hawker

David Hawker Speaker

I say to the member for Grayndler that I have dealt with this issue and I have stated there is no prima facie case.