House debates

Monday, 21 May 2012

Motions

Member for Dobell

1:00 pm

Photo of Christopher PyneChristopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | | Hansard source

I seek leave to move the motion that the House take note of the statement just made by the member for Dobell.

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

Madam Deputy Speaker, I raise a point of order. As the Manager of Opposition Business knows full well—because I told him earlier on, in order to have a smooth functioning of the parliament, which is in everyone's interests; particularly, I would have thought, today—that there is no document from the member for Dobell. There is—

Ms Julie Bishop interjecting

I will refer to House of Representatives Practice. I know it is unusual to actually refer to the rules of the parliament, but page 593 of House of RepresentativesPractice indicates that you can only take note of a document. There is no document to take note of.

Photo of Ms Anna BurkeMs Anna Burke (Chisholm, Deputy-Speaker) Share this | | Hansard source

Manager of Opposition Business, there is no document before the chair. Are you seeking leave for a document to be tabled?

Photo of Christopher PyneChristopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | | Hansard source

No. I am seeking leave to move a motion that the House take note of the statement. No documents—the statement. If it is not granted, I will move to suspend standing orders.

Photo of Ms Anna BurkeMs Anna Burke (Chisholm, Deputy-Speaker) Share this | | Hansard source

There is no document before the chair so there is no ability for a take note.

Mr Pyne interjecting

I understand, but if we go back—

Mr Albanese interjecting

Order! I understand what the Manager of Opposition Business is trying to achieve, but, as the Leader of the House rightly points out, I cannot grant leave for a motion if there is not a document before the chair. I cannot grant leave, but the Manager of Opposition Business can seek to move a motion, and he now has the call.

Photo of Christopher PyneChristopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | | Hansard source

I would point out that I have not sought leave to move a motion in relation to a document; there was no document from the member for Dobell. But there is absolutely no reason why the Leader of the House could not give me leave to move a motion to take note of a statement. Clearly, the member for Dobell has just given an hour-long statement to the House. But, given that leave is not being granted, I move:

That so much of the standing and sessional orders be suspended as would prevent the member for Sturt moving forthwith the following motion—That the House take note of the statement just made by the member for Dobell.

I do unfortunately find myself in the position where I have to move a suspension of standing orders to take note of the statement by the member for Dobell.

Photo of Ms Anna BurkeMs Anna Burke (Chisholm, Deputy-Speaker) Share this | | Hansard source

The Manager of Opposition Business will resume his seat. The Leader of the House, the Manager of Opposition Business does have the right to a suspension.

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

Madam Deputy Speaker, I raise a point of order. It is a point of clarification with regard to the actual motion that the Manager of Opposition Business is seeking to move—I do not have a copy of it so it is hard to comment on it—for a suspension of standing orders. Is it in order to move a suspension of standing orders to allow a motion to be moved which would then be ruled out of order? It is difficult for me, because I do not have a copy of it, to make a ruling on it.

Photo of Ms Anna BurkeMs Anna Burke (Chisholm, Deputy-Speaker) Share this | | Hansard source

The motion is in order. The Manager of Opposition Business has the call.

Photo of Christopher PyneChristopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | | Hansard source

I would ask for the clock to be restarted.

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

Madam Deputy Speaker—

Photo of Ms Anna BurkeMs Anna Burke (Chisholm, Deputy-Speaker) Share this | | Hansard source

The Leader of the House will resume his seat. There is no precedent to stop the clock. The clock continues, as it does in normal circumstances when points of order have been taken.

1:04 pm

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

Given that I gave the Manager of Opposition Business the courtesy of discussing with him the process that would take place, and given that he did not give me the courtesy of even showing me the resolution, I move:

That the member be no longer heard.

Photo of Ms Anna BurkeMs Anna Burke (Chisholm, Deputy-Speaker) Share this | | Hansard source

The question is that the member be no longer heard.

Is the motion seconded?

1:16 pm

Photo of Ms Julie BishopMs Julie Bishop (Curtin, Liberal Party, Deputy Leader of the Opposition) Share this | | Hansard source

I second the motion. The government is still running a protection racket for the member for Dobell and debate should not be gagged. It is imperative that standing orders are suspended to allow the House to take note of this statement from the member for Dobell. While it was more a valedictory than an explanation of the very serious findings against him contained in the 1,100-page report by Fair Work Australia, standing orders should be suspended so that this can be debated in the parliament. That report was based on a three-year investigation, an audit that took evidence, evaluated that evidence and made findings—156 findings of breaches by the member for Dobell out of 165 findings involving the misuse of more than $500,000 of Health Services Union funds for personal gain. The report found that $270,000 had been misused to fund the member for Dobell's 2007 election campaign.

Photo of Ms Anna BurkeMs Anna Burke (Chisholm, Deputy-Speaker) Share this | | Hansard source

Order! The Deputy Leader of the Opposition will resume her seat. The Leader of the House on a point of order.

1:17 pm

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

I move:

That the member be no longer heard.

Photo of Ms Anna BurkeMs Anna Burke (Chisholm, Deputy-Speaker) Share this | | Hansard source

The question is that the member be no longer heard.

The time allowed by standing order 1 for debate on the motion for the suspension of standing orders having expired and a question not having been proposed to the House, the motion lapsed.