House debates

Thursday, 18 March 2010

Privilege

9:01 am

Photo of Peter SlipperPeter Slipper (Fisher, Liberal Party) Share this | | Hansard source

Mr Speaker, I rise on a matter of privilege. I draw to your attention to photography in the chamber by one member of another. On Wednesday, 10 March, during the address to parliament by President Susilo Bambang Yudhoyono, a photograph of me was taken from the floor of the chamber by another member. It was emailed to the Sunshine Coast Daily, which then published it. I was sitting adjacent to, and across the corridor from, the Chief Opposition Whip, the member for Fairfax, who was on my right. The relevant portion of the paper also included the photograph and says:

A photograph of Mr Slipper, taken from a mobile phone on the Opposition side of parliament, was sent anonymously to the Daily yesterday afternoon.

I also draw your attention to an extract by Dennis Shanahan in The Weekend Australian on 13 and 14 March, showing another photograph. The article says:

Also this week, Queensland Liberal backbencher … was photographed … by someone sitting adjacent to him on the Coalition benches.

A close examination of the photograph in the Sunshine Coast Daily makes it clear that it was taken from very close to where I was sitting, from my right, from the same level on which I was sitting and that there were no other persons between me and the photographer. It is impossible for this particular picture to have been taken from the gallery. I also seek a forensic examination of the photograph by a qualified person to ascertain formally from which seat the photograph was taken and thus to confirm the identity of the culprit. If you were disposed not to arrange for a forensic examination of the photograph then I would seek your permission for me to arrange commercially for a forensic examination of the photograph.

The taking of the photograph, its transmission to the Sunshine Coast Daily and its subsequent publication, seriously interfere with my ability to carry out my duties as a member of parliament. I also raise this matter on behalf of all members because any of us could be caught in an unflattering position or with an unflattering expression on our faces. It would be a matter of great worry if other members were to repeat this action of photographing colleagues within the chamber. I also imagine, Mr Speaker, that it makes it difficult for you to discipline members of the press gallery who might be inclined to breach the rules on photography. I ask you to consider the matters that I have raised, with a view to referring the matter to the Privileges Committee. I also seek a forensic examination of the photograph which appeared in the Sunshine Coast Daily. I thank the House. I table the extracts from the Sunshine Coast Daily and The Weekend Australian.

Photo of Daryl MelhamDaryl Melham (Banks, Australian Labor Party) Share this | | Hansard source

You should review the tape as well. It would be on the tape.

9:04 am

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

Order! The member for Banks can get an early warning if he likes. If he wishes this to be taken seriously, his advice through interjection is not helpful at all.

As in these cases where a member raises with me an alleged matter of privilege, I will take that on board. I will again look at material that has been supplied and I will then report back to the House. I do not think that the member for Fisher would mind that I indicate to the House that we have been in correspondence about this, because I have taken the correspondence that I have received from him as fulfilling that he has raised this with me at the earliest point of time. The House would also be aware that last Thursday the member for Denison raised this matter. On that occasion, I indicated that it was best if an aggrieved party to the incident raised it with me; therefore, the actions of the member for Fisher fulfil that. On the matter of privilege, I will report back to the House. As I indicated to the member for Fisher in my correspondence, I will be taking the opportunity to make a statement about matters to do with photography in the chamber and the use of electronic devices. I do that because of the seriousness of these matters and I think it is fair that I make my views known to members.

The taking of such a photograph would indeed be outside the guidelines for photography in the chamber. It would also be contrary to the advice that has been given to members about the use of mobile devices in the chamber. I understand that in this case the Serjeant-at-Arms has reviewed the available footage of the proceedings at the time the photograph was apparently taken, but at this point I am advised that it is not conclusive about who may have been responsible. Members will realise that the guidelines for filming and photography in the chamber do not even contemplate the taking of photographs by members. I would be most concerned if those on the floor of the chamber were to use their mobile devices as cameras. I would hope that any such concerns would be widely shared amongst members.

I remind those on the floor of their obligations in respect of conduct generally and particularly in respect of the use of mobile devices. Along with my predecessors, I have felt that in this day and age members should be able to use laptops and mobile devices in the chamber in ways that enable them to make more efficient use of their time but in ways which do not infringe on the ability of the House to operate as a debating chamber. Certainly if a member were found to have used a mobile device to take a photograph during proceedings, I would regard the member as having behaved in a most disorderly manner and accordingly as subject to disciplinary action by the House.

I am sure that Speakers before me have proceeded on the assumption that care would be taken that the use of such technology would not be allowed to contribute to any lowering of the standing of the House in the eyes of the wider community or that it would be used in a way that would lower trust or cause problems between members. I do hope that members will recognise their responsibilities in these matters. Again I indicate to the member for Fisher that I will come back to the House and report on the matters that he has raised with me.