House debates Questions without Notice
Aboriginal And Torres Strait Islander Voice
Peter Dutton Dickson, Liberal Party, Leader of the Opposition
2:27 pm
My question is to the Minister for Indigenous Australians. I refer to the minister's previous answer. Minister, can the parliament really override the provisions of the Constitution?
Unidentified interjection - Hansard doesn't record who said this
Hon. Members:
Honourable members interjecting—
Mark Dreyfus Isaacs, Australian Labor Party, Cabinet Secretary
What a ridiculous question. What an absurd question. You're not fit to be the Leader of the Opposition.
Milton Dick Speaker
The Attorney-General will cease interjecting, as will the member for Deakin and the deputy leader. Anyone else down there as well can zip it.
Mr Tony Burke Watson, Australian Labor Party, Minister for Employment and Workplace Relations
On a point of order, Mr Speaker: in the ordinary course, something about the Constitution would be directed to the Attorney-General and it would also be out of order if it were a legal opinion, and I'm not sure what else this question could be considered as.
Milton Dick Speaker
The way that it's stated it's possibly seeking legal opinion, but I want to hear from the Manager of Opposition Business.
Paul Fletcher Bradfield, Liberal Party, Shadow Minister for Government Services and the Digital Economy
It's well accepted in this parliament that questions can be asked seeking clarification of what has been said by, in this case, a minister in a previous answer. In this case it's the answer she's just given.
Milton Dick Speaker
That's different to what the opposition leader did ask. I'm going to allow the question, if he could rephrase it to make sure it is following what the manager just advised.
Peter Dutton Dickson, Liberal Party, Leader of the Opposition
My question is to the Minister for Indigenous Australians. I refer to the minister's previous answer. Can the minister confirm her advice, in her previous answer, that the parliament can override the provisions of the Constitution?
Tanya Plibersek Sydney, Australian Labor Party, Minister for the Environment and Water
It's not her advice!
Milton Dick Speaker
Order! The Minister for the Environment and Water will cease giving comment each time a minister approaches the dispatch box.
Linda Burney Barton, Australian Labor Party, Minister for Indigenous Australians
2:30 pm
I thank the Leader of the Opposition for his question, which relates to constitutional recognition and the Uluru Statement from the Heart. My previous answer went to what the amendments are to the Constitution. They are very clear: firstly, there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice; secondly, the Aboriginal and Torres Strait Islander Voice may make representations to the parliament and the executive government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander people; and, finally, the parliament shall, subject to this Constitution—'subject to this Constitution'; listen to what I've got to say—have powers to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures. It's extraordinarily clear, and you have a role to play. I will ask the Attorney-General, who this should have been addressed to, to conclude the answer.
Mark Dreyfus Isaacs, Australian Labor Party, Cabinet Secretary
2:31 pm
I'm more than happy to add to the answer that has been given very competently by the Minister for Indigenous Australians. This question from the Leader of the Opposition shows entirely, puts on full display, his role as the leader of the misinformation and disinformation that is symptomatic of the 'no' campaign. He knows that the constitutional provision is extremely clear. He knows that the legal nonsense that he has repeated for month after month has been dismissed by the former Chief Justice of the High Court of Australia Robert French and by the leading constitutional lawyer Bret Walker, who said of that sort of question that it was too silly for words. That is what we have heard repeatedly from this Leader of the Opposition, who will stop at nothing in his campaign of disinformation and misinformation.
Peter Dutton Dickson, Liberal Party, Leader of the Opposition
Mr Speaker, on a point of order—
Mark Dreyfus Isaacs, Australian Labor Party, Cabinet Secretary
What have you got to say for yourself?
Milton Dick Speaker
Order! The Attorney-General will resume his seat.
Opposition members interjecting
Has the Attorney-General concluded his answer?
Milton Dick Speaker
Thought so. I'll hear from the Leader of the Opposition on a point of order.
Peter Dutton Dickson, Liberal Party, Leader of the Opposition
The point of order is relevance. The contempt that this government shows for millions of Australians—
Honour able members interjecting—
Milton Dick Speaker
Order! Resume your seat. I'm going to ask the House to resume order. The Attorney-General has 25 seconds remaining on his answer.
Mark Dreyfus Isaacs, Australian Labor Party, Cabinet Secretary
As I was saying, this Leader of the Opposition is the leader of a misinformation and disinformation campaign. He knows it. He has misled the people of Australia repeatedly throughout this campaign, and he should be ashamed of himself.
Opposition members interjecting—
Milton Dick Speaker
Order! The member for Fairfax, the member for Riverina and the member for Gippsland—the trio—shall cease interjecting. I want to hear from the Leader of the House.
Mr Tony Burke Watson, Australian Labor Party, Minister for Employment and Workplace Relations
Mr Speaker, I'm rising to seek a withdrawal from the Leader of the Opposition. During that answer, I had the chance to go to the live minutes of the answer that had been given by the Minister for Indigenous Australians—
I'm raising a point of order. I'm seeking a withdrawal.
Peter Dutton Dickson, Liberal Party, Leader of the Opposition
Is this a question for you, Mr Speaker?
Mr Tony Burke Watson, Australian Labor Party, Minister for Employment and Workplace Relations
No. I'm raising a point of order to seek a withdrawal for disorderly conduct and for unparliamentary language.
Honourable members interjecting—
Milton Dick Speaker
Order! Everyone will cease interjecting. The Leader of the House is not asking me a question. He would do that at the end of question time. He is asking for a statement to be withdrawn. I want to hear what he has to say. I couldn't hear what was happening. He's got the minutes. I just want to hear what he's saying.
Mr Tony Burke Watson, Australian Labor Party, Minister for Employment and Workplace Relations
The statement that I'm asking to have withdrawn is the claim in the previous question from the Leader of the Opposition that the Minister for Indigenous Australians had said that the parliament can override the provisions of the Constitution. I have gone through the live minutes. That was not said. To completely misrepresent in this House a member immediately in that way, when you know it is not true, you know you've said something that's—
Milton Dick Speaker
Order! Resume your seat.
The member for Groom will leave the chamber under 94(a). You were on a warning.
The member for Groom then left the chamber.
Paul Fletcher Bradfield, Liberal Party, Shadow Minister for Government Services and the Digital Economy
Mr Speaker, that was very clearly an abuse of standing orders by the Leader of the House. There was no point of order. If he wants to ask you a question after question time, he's entitled to do that, but he's certainly not entitled to do what he just did.
Milton Dick Speaker
He is seeking for a statement to be withdrawn. I'll hear from him again.
Mr Tony Burke Watson, Australian Labor Party, Minister for Employment and Workplace Relations
Mr Speaker, this is misinformation on live TV. Everybody saw it. He knows it wasn't true. He should withdraw it. He knows it wasn't true, and he knew it when he said it.
Milton Dick Speaker
Order! Resume your seat. The Leader of the Opposition on the point of order?
Peter Dutton Dickson, Liberal Party, Leader of the Opposition
Mr Speaker, to the point of order: it's very clear that this was an abuse of the standing orders. It was an opportunity—
Government members interjecting—
Peter Dutton Dickson, Liberal Party, Leader of the Opposition
Mr Speaker, you asked that people at the dispatch box be heard in quiet.
Government members interjecting—
Peter Dutton Dickson, Liberal Party, Leader of the Opposition
Stop the confected outrage, for goodness sake. It is unbecoming, even for you.
Government members interjecting—
Milton Dick Speaker
Order! Members on my right will cease interjecting. The minister for the environment will cease interjecting and so will the minister for infrastructure, to assist the House.
Peter Dutton Dickson, Liberal Party, Leader of the Opposition
Mr Speaker, I have watched this Leader of the House's confected outrage on many occasions. It's hard to imagine a more egregious example of it than today. The proper process to be followed here, if there is any substance to what the minister is putting to you, is that it be dealt with by way of questions to you as Speaker, at the end of question time. That is consistent with your ruling to us last week.
Milton Dick Speaker
Order! Resume your seat. I just want to be clear for everyone what the process is. There are questions to the Speaker around the administration of the House. The time to do that is at the end of question time. This was not about the administration of the House. The Leader of the House is seeking a withdrawal of a statement that the Leader of the Opposition made regarding a question.
The member for Solomon and the member for Wills are now warned. This is not a laughing matter. The question did contain a statement. I'm not sure of whether that statement was accurate or not, but the Leader of the House has indicated that the minutes indicate that it's a different statement. But if I am to adjudicate on every question or every statement that is made regarding whether it's accurate or not—I'm not in a place to do that. But I just want to be clear: if people are asking questions, they're entitled to do so. I just ask them to be accurate and make sure they are not misleading in terms of any other statement that the member has made. I'm just going to move to the next question.