House debates

Monday, 24 August 2020

Statement by the Speaker

COVID-19: Parliamentary Procedure

10:05 am

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

Just before we move on, I might make a detailed statement now, if it suits the Leader of the House and the Manager of Opposition Business, just for clarity of all members. As we know, over the course of this year the House has been adapting to the changing circumstances, as have all Australians, as a result of COVID-19. No doubt we will continue to adapt, but for now I want to inform the House about the arrangements for this sitting fortnight, and in particular the matter we're discussing, to outline how we will enable some members, as both the Leader of the House and the Manager of Opposition Business have said, to participate in proceedings remotely.

On 23 March the House resolved to make the special provisions that you're aware of. I want to thank the Leader of the House, the Manager of Opposition Business, the whips and members on both sides for their cooperative approach during the consultations about how to enable the House to continue its work during this extraordinary period. The Leader of the House has presented a copy of the agreement. That is available for all members to read, and I'd encourage them to. I also wish to thank all of the staff of the House of Representatives and the Department of Parliamentary Services, who have worked tirelessly to ensure that we're able to do this at this time.

As you're aware, the resolution in March provided for a manner in which members may be present for proceedings to be determined by me as Speaker. For this sitting period my determination is that the normal requirements of the House standing orders and practice for quorums and divisions remain in place. However, in addition to the usual opportunities for members to contribute to proceedings in the chamber, members unable to attend for COVID related reasons may seek, as you've heard, and be given the call to speak via the official parliamentary video facility during certain proceedings. Members who have provided satisfactory reasons and notified of their wish to participate remotely will have received the technical information about access.

In terms of procedural requirements, I confirm that the House standing orders and practices will apply to members who participate remotely, to the extent possible, except as affected by my determination and the agreement that's just been tabled. That means members participating remotely must participate with the same degree of formality as is required in the chamber, and that includes regard for the authority of the chair. Any member participating remotely who does not comply with the House rules and directions from the chair may have their remote access suspended or terminated. Members may speak when given the call by the chair as usual, and they will be bound by the usual speech limits. If there are technical difficulties at any time, chairs will of course offer a degree of flexibility. But, if it is clear the member is not able to speak when called, the chair will move to the next member, as we do in general debate, and return to the member later on. The House's formal record, the Votes and Proceedings, will record attendance as usual at the end of each sitting and also identify which members did not attend physically but participated in proceedings remotely.

I also wish to refer to the matter of parliamentary privilege. As members would be aware, the Parliamentary Privileges Act makes clear that participation in proceedings of parliament is protected absolutely by parliamentary privilege. Members would also know that for 20 years the standing orders of the House have empowered parliamentary committees to conduct proceedings using audiovisual or audio-only links, with members of committees not present in one place, while retaining the protection of parliamentary privilege. Following this well-established precedent, it's my understanding that members who are participating remotely in the chamber proceedings—that is, speaking when given the call and otherwise complying with the standing orders—would be considered to be participating in proceedings in parliament and therefore protected by parliamentary privilege in the same way as members participating here in the chamber in person.

I and the President of the Senate issued detailed statements last week that convey very clearly the medical advice that we've provided for members and building occupants. I just want to briefly mention this and remind members to familiarise themselves with those. The medical advice stipulates a number of measures. It also encourages others, such as the wearing of masks in corridors and common areas, particularly those places where you can't be sure of social distancing. I also reiterate that the strong advice is that members of parliament and travelling staff are encouraged to remain in Canberra over the coming weekend to avoid unnecessary travel. For those wishing to have a look at that, it was in the memorandum that went out last Tuesday.

Finally, members would recognise this is an unprecedented period in the life of the House and we're all working together to enable the House to meet and conduct its essential business on behalf of the Australian people. I ask all members to treat each other with courtesy and respect and to be mindful of the flexibility that the trial of the new arrangements may require from time to time. We need to remember that the work of the House is, of course, scrutinised closely by Australians, many of whom are going through very, very difficult times at present. They're entitled to expect the highest standards of all of us in this House. I thank the House.