House debates Questions without Notice

Parliament: Integrity

Monday, 23 November 2015 House of Representatives

Mark Dreyfus

Mark Dreyfus Isaacs, Australian Labor Party, Shadow Attorney General

2:57 pm

My question is to the Special Minister of State, who has responsibility for government integrity. Is it appropriate for a person to ask a Commonwealth officer to procure copies of the official diary of his employer when that Commonwealth officer is not authorised to provide copies to the person asking?

Mr Albanese interjecting—

Tony Smith

Tony Smith Speaker

The member for Grayndler will cease interjecting.

Opposition members interjecting—

Members on my left will cease interjecting. A number have been warned.

Mr Bowen interjecting—

The member for McMahon will not interject when I am addressing the chamber. The Leader of the House.

Christopher Pyne

Christopher Pyne Sturt, Liberal Party, Leader of the House

Mr Speaker, I think you might wish to examine that question closely to determine that it does not ask the Special Minister of State for a legal opinion. It sounded very much like it did ask the Special Minister of State for a legal opinion. While I am sure he is prepared to answer the question, we do not want to be in breach of the standing orders.

Mr Mitchell interjecting—

Tony Smith

Tony Smith Speaker

The member for McEwen is warned!

Mr Mitchell interjecting—

The member for McEwen will cease interjecting. He will not interject advice from his seat. It is disorderly, and he well knows it.

Mr Tony Burke

Mr Tony Burke Watson, Australian Labor Party, Shadow Minister for Finance

Mr Speaker, on the point of order, given that the question does not ask for a legal opinion, the question should be ruled in order.

Tony Smith

Tony Smith Speaker

The question certainly asks the minister for an opinion—there is no doubt about that.

Mr Tony Burke

Mr Tony Burke Watson, Australian Labor Party, Shadow Minister for Finance

The question asks—

Tony Smith

Tony Smith Speaker

It might suit if I actually finish the sentence; it will save time. The question certainly does ask for an opinion. I think it is close to the line, but it does go to the minister's responsibility for administration. On that narrow basis, I am going to allow him to address that part of the question, but he does not have to answer hypothetical matters and he does not have to give a legal opinion.

Mal Brough

Mal Brough Fisher, Liberal Party, Special Minister of State

2:59 pm

The integrity of all things parliamentary should be everyone's duty here, as it is mine. I would say that, rather than play games, the question is obviously directed at the issue that is being canvassed in the paper. I have made a full statement, and none of what I have said has ever been repudiated, and nothing has ever been added to; I think it would do us all well to ensure that the grainy issues that are being dealt with by the authorities are done so.

Tony Smith

Tony Smith Speaker

the member for Melbourne Ports will not interject, particularly when he is out of his seat.