House debates Questions without Notice

Joint Standing Committee on Migration

Wednesday, 3 February 2010 House of Representatives

Scott Morrison

Scott Morrison Cook, Liberal Party, Shadow Minister for Immigration and Citizenship

2:53 pm

My question is to the Chair of the Joint Standing Committee on Migration, the member for Melbourne Ports, under standing order 99. I refer to his comments in 2008 following an inspection of the Christmas Island detention facilities conducted in the work of the committee’s inquiry, where he referred to these facilities as a grandiose waste of money, saying that they resembled a stalag and that it looked like an enormous white elephant. Given that under the government’s policies Christmas Island is now bursting at the seams with 1,800 people in detention, with the last boat carrying 181 passengers—

Anthony Albanese

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

Mr Speaker, on a point of order, under that particular provision of the standing orders, chairs of committees can only be asked questions that relate directly to the reports which they have presided over as chair. This question purported to go to statements clearly being before that was possible.

Christopher Pyne

Christopher Pyne Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training

Mr Speaker, on that point of order, the member for Melbourne Ports has been responsible for three reports into detention centre facilities as chair of the migration committee. That it is why it is relevant to hear his remarks about it immediately following one of his last visits to Christmas Island and one of the reports into detention facilities that the committee has tabled. The point that the Leader of the House made entirely allows for the question. Thank you for that.

Harry Jenkins

Harry Jenkins Speaker

Order! Regrettably, the two submissions that have been put to me are slightly defective. As I understand it, not only from the standing orders but also from the way they have been implemented in the past, a chair of a committee can only be asked about the administrative conduct of his or her committee. The fact that this question is based on statements that he has made well and truly puts it outside the way in which the intent of standing order 99 has been seen.

Scott Morrison

Scott Morrison Cook, Liberal Party, Shadow Minister for Immigration and Citizenship

Mr Speaker, I beg to complete asking the question. Given that under the government’s policies Christmas Island is now bursting at the seams, with 1,800 people in detention and with the last boat, carrying 181 passengers, cruising into Flying Fish Cove just this week, does he stand by these comments? Does he continue to oppose the policy of offshore processing? And when is he expecting a report back from the government?

Harry Jenkins

Harry Jenkins Speaker

The question is out of order.

Christopher Pyne

Christopher Pyne Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training

Mr Speaker, the question asked when he expected a response from the government to his latest report.

Anthony Albanese

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

Mr Albanese interjecting

Christopher Pyne

Christopher Pyne Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training

It did. They were the last five words of the question. The point is that it is an administrative matter to do with the committee. When is he expecting a response from the government? That is why the question is in order. When is the response coming?

Harry Jenkins

Harry Jenkins Speaker

Order! The response to the report is outside of the chair’s responsibilities and there are other forms of the House that deal with the timing of responses to committee reports.

Bob McMullan

Bob McMullan Fraser, Australian Labor Party, Parliamentary Secretary for International Development Assistance

Don’t take that idiot’s advice, Scott.

Harry Jenkins

Harry Jenkins Speaker

The Parliamentary Secretary for International Development Assistance will withdraw.

Bob McMullan

Bob McMullan Fraser, Australian Labor Party, Parliamentary Secretary for International Development Assistance

I am happy to withdraw whatever it was, Mr Speaker.

Harry Jenkins

Harry Jenkins Speaker

He knows what it was and he has withdrawn.

Scott Morrison

Scott Morrison Cook, Liberal Party, Shadow Minister for Immigration and Citizenship

On a point of order, I refer to page 536 of House of Representatives Practice, where it does allow members to ask questions of others who are chairs of committees. It refers to standing order 99, which allows this:

Opportunities to ask questions about committee business are restricted by standing order 100(e), which prevents questions from referring to proceedings of a committee not reported to the House.

This report has been reported to the House. I have asked when he is expecting a response from the government. It is an administrative matter. I expect him to say whether he stands by his own comments, and whether he continues to support these policies.

Harry Jenkins

Harry Jenkins Speaker

As I have said earlier, a question based on the comments is out of order and the responsibility for the response is out of the control of the committee chair.