House debates Questions without Notice

Member for Robertson

Monday, 16 June 2008 House of Representatives

Ms Julie Bishop

Ms Julie Bishop Curtin, Liberal Party, Deputy Leader of the Opposition

3:06 pm

My question is to the Prime Minister. Will the Prime Minister require the member for Robertson to make a statement to this House in relation to the events of 6 June at the Iguana bar, specifically the threat to use her position as a member of parliament to see workers lose their jobs and the Iguana bar lose its licence?

Anthony Albanese

Anthony Albanese Grayndler, Australian Labor Party, Leader of the House

Mr Speaker, I rise on a point of order. Standing order 100(c)(i) clearly indicates that, for questions regarding persons, questions must not reflect on or be critical of the character or conduct of a member, a senator et cetera. It makes it very clear, for very good reasons, so that unsubstantiated allegations against members cannot be tossed around the chamber; they can only be moved by substantive—

Harry Jenkins

Harry Jenkins Speaker

The Leader of the House will resume his seat. I think that this illustrates the meaning of the words at page 538 of House of Representatives Practice, because they do relate to standing order 100(c). All occupants of the chair find themselves in a very difficult position in this case, but what standing order 100(c) does indicate is that there are other measures in the hands of the House to deal with matters.

Daryl Melham

Daryl Melham Banks, Australian Labor Party

Other forms.

Harry Jenkins

Harry Jenkins Speaker

Other forms. Thank you, member for Banks.

Joe Hockey

Joe Hockey North Sydney, Liberal Party, Manager of Opposition Business in the House

On the point of order, Mr Speaker: further to that statement, I refer to page 538 of House of Representatives Practice

Unidentified interjection - Hansard doesn't record who said this

Government Members:

Government members interjecting—

Harry Jenkins

Harry Jenkins Speaker

Order! I am allowing discussion on this point of order.

Joe Hockey

Joe Hockey North Sydney, Liberal Party, Manager of Opposition Business in the House

and I remind the Speaker that under Speaker Halverson and Speaker Andrew, questions were asked of the member for Groom about his conference treasurer and the GST. Questions were asked in this chamber and accepted by the Speaker in relation to the member for Bowman, the member for Bonner and also the member for Moreton. The questions were actually asked about the conduct and behaviour of those members. How the Prime Minister chose to respond was an entirely different matter.

Harry Jenkins

Harry Jenkins Speaker

There are other examples of where questions about the actions of people have been ruled out of order as well. In being asked to make a ruling about the question, I rule it out of order.

Ms Julie Bishop

Ms Julie Bishop Curtin, Liberal Party, Deputy Leader of the Opposition

Mr Speaker, I was going to assist you in relation to this matter with a statement made by the Prime Minister himself about it. As the guardian of the—

Harry Jenkins

Harry Jenkins Speaker

The Deputy Leader of the Opposition will resume her seat. There is no point of order.

Joe Hockey

Joe Hockey North Sydney, Liberal Party, Manager of Opposition Business in the House

Further to the point of order, Mr Speaker: the questions specifically ask if the Prime Minister is going to undertake an action as Prime Minister, to be accountable for the actions of his own members of parliament, and he is perfectly entitled to be asked a question about the actions of one of his own members.

Dick Adams

Dick Adams Lyons, Australian Labor Party

Mr Adams interjecting

Harry Jenkins

Harry Jenkins Speaker

Order! The member for Lyons is not assisting. As I indicated, there are other forms of the House where the House can discuss the actions of members of the House. The Prime Minister is responsible for the executive. He is not responsible under the standing orders for the actions of backbench members of the governing party.

Unidentified interjection - Hansard doesn't record who said this

Opposition Members:

Opposition members interjecting—

Harry Jenkins

Harry Jenkins Speaker

For those brave people who are reflecting on the chair by interjection, that is the case.

Joe Hockey

Joe Hockey North Sydney, Liberal Party, Manager of Opposition Business in the House

Mr Speaker, I rise on a point of order. If the Prime Minister is not responsible for the conduct of one of his own members of caucus, what on earth is he responsible for? The questions are entitled to be asked. We are perfectly entitled to ask the questions to get an answer.

Harry Jenkins

Harry Jenkins Speaker

Order! That is not a point of order. The member for North Sydney will resume his seat. The member for Franklin has the call. The member for North Sydney on a point of order.

Joe Hockey

Joe Hockey North Sydney, Liberal Party, Manager of Opposition Business in the House

I move that so much of the standing orders be suspended as would prevent the member for North Sydney moving immediately that the member for Robertson be, one, required to appear before the House at the first available opportunity after question time and explain her behaviour—

Harry Jenkins

Harry Jenkins Speaker

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

Daryl Melham

Daryl Melham Banks, Australian Labor Party

Mr Speaker, I rise on a point of order. I ask that you rule this motion out of order. You called the honourable member on this side. The honourable member opposite is entitled to move such a motion in between deliberations. You have already called one member. He cannot move such a substantive motion when he is making out it is a point of order.

Harry Jenkins

Harry Jenkins Speaker

The member for Franklin has the call. The member for North Sydney had been called on the basis that he was raising a point of order.

Joe Hockey

Joe Hockey North Sydney, Liberal Party, Manager of Opposition Business in the House

Mr Hockey interjecting

Harry Jenkins

Harry Jenkins Speaker

Order! The member for North Sydney will have other opportunities. I call the member for Franklin.

Joe Hockey

Joe Hockey North Sydney, Liberal Party, Manager of Opposition Business in the House

You’ve nobbled the Speaker!

Anthony Albanese

Anthony Albanese Grayndler, Australian Labor Party, Leader of the House

Mr Speaker, I rise on a point of order. The Manager of Opposition Business just accused me. He said, ‘You’ve nobbled the Speaker.’ Mr Speaker, that is a very serious allegation and a serious reflection on the chair.

Harry Jenkins

Harry Jenkins Speaker

The member for North Sydney will assist the House if he withdraws that remark.

Joe Hockey

Joe Hockey North Sydney, Liberal Party, Manager of Opposition Business in the House

I am happy to withdraw, Mr Speaker.