House debates

Thursday, 13 September 2007

Questions to the Speaker

Privilege

9:01 am

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

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.

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Manager of Opposition Business in the House) Share this | | Hansard source

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

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

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

Government Members:

Government members interjecting

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Manager of Opposition Business in the House) Share this | | Hansard source

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

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

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

Photo of Don RandallDon Randall (Canning, Liberal Party) Share this | | Hansard source

He reflects on the chair.

Government Members:

Government members interjecting

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Manager of Opposition Business in the House) Share this | | Hansard source

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

Photo of Bruce BillsonBruce Billson (Dunkley, Liberal Party, Minister Assisting the Minister for Defence) Share this | | Hansard source

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

Photo of Don RandallDon Randall (Canning, Liberal Party) Share this | | Hansard source

Mr Speaker, I too ask that the reflection by the member for Grayndler be withdrawn.

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

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

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Manager of Opposition Business in the House) Share this | | Hansard source

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

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

The member for Grayndler will resume his seat.

Photo of Don RandallDon Randall (Canning, Liberal Party) Share this | | Hansard source

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.

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

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.

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Manager of Opposition Business in the House) Share this | | Hansard source

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—

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

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