House debates

Friday, 22 February 2008

Rudd Government

Suspension of Standing and Sessional Orders

9:15 am

Photo of Steven CioboSteven Ciobo (Moncrieff, Liberal Party, Shadow Minister for Small Business, the Service Economy and Tourism) Share this | | Hansard source

Mr CIOBO(Moncrieff)(9.15 am)—I seek leave to move for a suspension of standing orders.

Photo of Harry JenkinsHarry Jenkins (Speaker) Share this | | Hansard source

Is leave granted? Leave is not granted.

Photo of Steven CioboSteven Ciobo (Moncrieff, Liberal Party, Shadow Minister for Small Business, the Service Economy and Tourism) Share this | | Hansard source

Under standing order 47, I move:

That so much of standing and sessional orders be suspended as would prevent me from moving the following motion:At 12 pm each and every Friday that this House sits, the Speaker shall interrupt the business before the House and call on questions without notice for a period of one hour and thirty minutes.

This is an important suspension of standing orders—

9:16 am

Photo of Harry JenkinsHarry Jenkins (Speaker) Share this | | Hansard source

I move:

That the member be no longer heard.

Order! The question is that the member be no longer heard. All those of that opinion say aye, the contrary no. I think the ayes have it. Division required. In accordance with standing order 133, the division is deferred until the commencement of the next sitting. Is the motion seconded?

Mr Truss interjecting

If the Leader of the Nationals wants to observe what is going to happen, he will not behave like that.

Mr Speaker, on a point of order: I refer you in the first place to standing order 125, which says:

If the Speaker’s opinion is challenged by more than one Member, the question must be decided by division of the House.

And then followed on by standing order 133(b):

A division called for on a Friday shall be deferred until the commencement of the next sitting, unless otherwise ordered.

This is a very important issue. It goes to the heart of parliamentary democracy and it is about the right of this side of the House to ask questions of ministers and the Prime Minister when the House sits.

Order! The honourable member for North Sydney will resume his seat.

Mr Price interjecting

The Chief Government Whip is not helping. The point of order is about the deferral of the division. The division is about whether the member can continue his remarks. It is not an invitation in the point of order to then debate the substance of the motion for the suspension of standing orders.

Mr Speaker, there is a specific provision in 133(b) that if in your opinion a division can be held then it can be held. It says ‘unless otherwise ordered’. That means that you, as the Speaker, have the capacity to order a division notwithstanding the other provisions in section 133. I ask you to consider the fact that we are ready to do business here. We want a division.

The member for North Sydney will resume his seat. I have ordered as I have ordered. That is my ruling. I call the member for Cowper.

Mr Speaker, I rise on a point of order. The previous motion for the member to no longer be heard is not resolved. It is not resolved because there has been no vote taken and counted. Therefore, the member for Moncrieff has the right to continue his speech.

I have called for the seconder.

9:19 am

Photo of Luke HartsuykerLuke Hartsuyker (Cowper, National Party, Deputy Leader of Opposition Business in the House) Share this | | Hansard source

I second the motion, Mr Speaker. It is vitally important that we have question time at any stage during the parliament.

Photo of Harry JenkinsHarry Jenkins (Speaker) Share this | | Hansard source

I move:

That the member be no longer heard.

Order! The question is that the member be no longer heard. All those of that opinion say aye, the contrary no. I think the ayes have it. Division required. In accordance with standing order 133, the division is deferred until the commencement of the next sitting.