Peter Slipper (Fisher, Liberal Party) Share this | Link to this | Hansard source

The question now before the chair is that the motion moved by the Deputy Prime Minister be agreed to.

Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source

Thanks, Mr Deputy Speaker—

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

As the Deputy Prime Minister’s time has expired, I was going to call the opposition.

Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source

Thanks, Mr Deputy Speaker—

Joe Hockey (North Sydney, Liberal Party, Manager of Opposition Business in the House) Share this | Link to this | Hansard source

No, no.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

Order! I call the Leader of the House.

Joe Hockey (North Sydney, Liberal Party, Manager of Opposition Business in the House) Share this | Link to this | Hansard source

I move:

That the question be now put.

It’s your own motion!

Order! The Leader of the House has moved that the motion be put.

Mr Deputy Speaker, I raise a point of order. I was seeking the call. I came back here to seek the call for the opposition. The members were still taking their places. The Speaker previously, in a situation like this, gave the call—

Order! The Deputy Leader of the Opposition will resume her seat. I saw the Leader of the House first.

Mr Deputy Speaker, I raise a point of order. The time for the Deputy Prime Minister had expired, the Deputy Leader of the Opposition was at the dispatch box ready for the call, and then the Leader of the House sought to close down his own motion without an opportunity for the Liberal Party and the National Party to express a view.

I was perfectly aware that the Deputy Prime Minister’s time for speaking had expired. I am well aware that, were the debate to continue, the call would have been given to the opposition. However, the government moved that the question be put, as is competent for the government to do, and thus there is no validity in the point of order moved by the honourable member for North Sydney.

Mr Deputy Speaker, I rise on a point of order. You gave the call to the Deputy Leader of the Opposition before you interrupted it for the Leader of the House. You recognised—

The member for Moncrieff will resume his seat. A careful scrutiny of the Hansard record will disclose that, as the Deputy Speaker, I did not call the Deputy Leader of the Opposition. The question before the chair is that the motion be put.

Mr Deputy Speaker, I wish to move dissent from your ruling and I do so move.

I am advised that it was not a ruling from which the House is competent to dissent. The question before the House is that the motion be put.

Mr Deputy Speaker, I rise on a point of order. The Speaker in this position only this week, or perhaps last week, when the parties were getting back to their places, called on a member and then corrected it when he appreciated that the call was with the opposition.

What is the point of order?

The point of order is precedent. Mr Deputy Speaker, I was coming to the spot here, I was calling for your attention—

Honourable members interjecting—

Order! There is far too much audible conversation in the chamber. I am listening to the Deputy Leader of the Opposition.

and in similar circumstances the Speaker gave the call to the government. In that case, it was to the government; in this case, it should be to the opposition. That was why I was seeking to attract your attention. You looked at me and I came in to get the call. In these circumstances, the Speaker did change his mind.

I thank the Deputy Leader of the Opposition. There is no point of order.

Mr Deputy Speaker, I rise on a point of order. Let me be very clear about the process here. The government came in with a motion to suspend their own standing orders to bring on a motion. On that motion there was debate from the government, there was no opportunity for the opposition to speak to the motion, and now they have moved to gag us before we have the right to speak on a motion that condemns us. That is not a parliament; that is a joke. It is a complete abuse of the parliament.

Ms Gillard interjecting

Order! The honourable member for North Sydney will contain himself, as will the Deputy Prime Minister. There is no point of order. The question is that the question be now put. All those in favour say aye; those against say nay. I think the ayes have it. Division required. Ring the bells.

The bells being rung—

The Leader of the House would assist if he resumed his seat for a moment.

Mr Albanese interjecting

Order! There is no point of order because a division was called when opposition members were here and of course, under the standing orders of the parliament, the bells ring for four minutes and members have the opportunity of staying in the House and voting or they have the opportunity of moving in another direction. There certainly were two voices calling for a division and I therefore called a division.

Mr Deputy Speaker, I raise a matter of contempt which, first arising, should be drawn to your attention. It is a contempt of this parliament to call a division and then to cease to remain in the chamber for the conduct of the vote. It is a matter first arising rather than a point of order.

Order! Would the member for Denison point me to the standing order which says it is a contempt.

I do not have the standing orders in my hand in the course of this debate, but I would ask you to consult with the Clerk and I think you will identify it very quickly.

Mr Deputy Speaker, on the point of order: the standing order—

Order! The honourable member for Fraser ought, under our standing orders, to cover his head if he intends to raise a point of order.

Mr Deputy Speaker, standing order 128 says:

Members calling for a division must not leave the area of Members’ seats and they must vote with those Members who, in the Speaker’s opinion, were in the minority when the Members called ‘Aye’ or ‘No’.

So at least the members who called for the division are in breach of the standing orders. They have left in breach of the standing orders, and you should call them back. The Serjeant-at-Arms should get them to come back in.

Order! Under standing order 128, members calling for a division must not leave the area of the members’ seats and they must vote with those members who, in the Speaker’s opinion, were in the minority when the members called ‘aye’ or ‘no’. I therefore call on the Clerks to request that those honourable members who called for the division return to the chamber. Alternatively, as they are not present, there is probably little point in proceeding with the division. So the question has been determined in the affirmative. The division has been abandoned. I am the Deputy Speaker and I have spoken to the Clerk. The Clerk pointed out that either we could require those members who called for the division to return to the chamber or, alternatively, as they are not here, there is no need to proceed with the division—and that is the way that I have ruled.

Mr Deputy Speaker, on a point of order: given the contempt that the members have shown for standing order 128 and their obligations as members of the House, I would ask you to take action against those members.

I thank the Leader of the House. This is a matter that I will refer to Mr Speaker.

Original question put:

That the motion (Ms Gillard’s) be agreed to.