Senate debates

Thursday, 27 November 2008

Parliamentary Language

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern Australia) Share this | | Hansard source

Mr Deputy President, I take a point of order while Senator Evans is still in the chamber. I notice Senator Evans was not in the chamber when the President gave his ruling on Senator Evans’s behaviour at question time yesterday. In view of the President’s ruling and comments indicating that he thought Senator Evans did reflect in a personal way on another member of another house, could I suggest that we afford Senator Evans the opportunity now of withdrawing his comment and apologising to the chamber and to the person he mentioned yesterday in question time.

Photo of John FaulknerJohn Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | | Hansard source

On the point of order, Mr Deputy President, quite clearly Senator Macdonald must have misheard the President’s ruling earlier in relation to Senator Evans’s comments. I was in the chamber at the time—

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern Australia) Share this | | Hansard source

Senator Ian Macdonald interjecting

Photo of John FaulknerJohn Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | | Hansard source

Senator, unlike you, I did not mishear what the President said. The President made no requirement at all that Senator Evans take any action and did not request Senator Evans to withdraw any comments he made. All we can say in response to that point of order is to respectfully suggest that Senator Macdonald reread the Hansard. He would then be aware that the President this morning made no requirements of Senator Evans to take any further action.

Photo of Helen CoonanHelen Coonan (NSW, Liberal Party, Manager of Opposition Business in the Senate) Share this | | Hansard source

Mr Deputy President, on the point of order—and obviously we do not want to take up too much time with it—irrespective of the content of the ruling by the President, which I think we all heard, can I just say on the record that I have normally found Senator Evans to be a person of decent instincts and someone who is not normally given to the kind of comments that caused offence to this side of the chamber.

Photo of Alan FergusonAlan Ferguson (SA, Deputy-President) Share this | | Hansard source

Order! Senator Coonan, resume your seat. Senator Coonan, we are dealing with a point of order and I do not want this issue debated. If you have a point to make I will listen to it.

Photo of Helen CoonanHelen Coonan (NSW, Liberal Party, Manager of Opposition Business in the Senate) Share this | | Hansard source

The point of order is that it was an invitation to Senator Evans that perhaps he may wish to in fact apologise and I certainly hope he will.

Government Senators:

Government senators interjecting

Photo of Alan FergusonAlan Ferguson (SA, Deputy-President) Share this | | Hansard source

Order! I was in here when the President made his statement and I concur with those who suggest that the President did not make any requirement of Senator Evans to withdraw any statement that he made. My only suggestion, Senator Macdonald, is that you may wish to take this up with the President at a later stage to see whether or not there is any further action you might request or can take. But as far as your point of order is concerned, Senator Evans was not asked to withdraw any of the statements that he made yesterday.

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party) Share this | | Hansard source

Senator Cameron interjecting

Photo of Alan FergusonAlan Ferguson (SA, Deputy-President) Share this | | Hansard source

Order! Senator Cameron! Senator Macdonald, is this a point of order?

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern Australia) Share this | | Hansard source

No, Mr Deputy President. I am seeking leave of the Senate for Senator Evans to make a statement withdrawing and apologising to the person on whom, the President clearly ruled this morning, Senator Evans had made a personal reflection. That was the President’s comment this morning. So I seek leave for the Senate to give Senator Evans an opportunity to withdraw and apologise.

Photo of Mark BishopMark Bishop (WA, Australian Labor Party) Share this | | Hansard source

Senator Mark Bishop interjecting

Photo of Alan FergusonAlan Ferguson (SA, Deputy-President) Share this | | Hansard source

I can rule on this point of order, Senator Bishop, because quite frankly it is not the purpose of one senator to seek leave for another senator. If a senator wants to address this chamber they must seek leave for themselves.

Photo of Glenn SterleGlenn Sterle (WA, Australian Labor Party) Share this | | Hansard source

Senator Sterle interjecting

Photo of Alan FergusonAlan Ferguson (SA, Deputy-President) Share this | | Hansard source

Order! Senator Sterle, when I am speaking from the chair you will refrain from interjecting. There is no point of order, Senator Macdonald and, as I said, a senator cannot seek leave for another senator to make a statement.

Photo of John FaulknerJohn Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | | Hansard source

Mr Deputy President, I rise on a point of order. Your ruling is a sage one, but I point out to you, just so we do not establish a precedent, which I know is not your intention, and for the completeness of the record, that there are times when those involved in chamber management—a whip, a manager, sometimes a leader—seek leave on behalf of a colleague; for example, to incorporate a speech. I understand that is not your intention but I just make that qualifying point. The substantive way you have ruled of course I accept. But I do not want anyone, and I know this is not your intention, to misunderstand the ruling that you have made—for example, when a whip acts on behalf of a colleague, which is quite common practice in the chamber. The point of order is clear and you can read it in the Hansard.

Photo of Alan FergusonAlan Ferguson (SA, Deputy-President) Share this | | Hansard source

Senator Faulkner, I was remiss in not correctly saying that there is no provision for a senator to seek leave for another senator who is in the chamber to make a statement to the chamber.

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern Australia) Share this | | Hansard source

Mr Deputy President, I rise on a separate point of order. I wonder if you could rule on the question of whether the words ‘I’ll whack you in the gob’ are parliamentary—not that they frighten me at all, particularly coming from Senator Sterle, who has no capacity to carry out his threat. But I just wonder, as a matter of parliamentary procedure, whether those words are in fact parliamentary.

Government Senators:

Government senators interjecting

Photo of Alan FergusonAlan Ferguson (SA, Deputy-President) Share this | | Hansard source

Order! Senator Sterle.

Photo of Glenn SterleGlenn Sterle (WA, Australian Labor Party) Share this | | Hansard source

Mr Deputy President, on the point of order: I did not hint to Senator Macdonald that I wanted to whack him in the gob. What I did say was, ‘Any husband or father, if Troy Buswell had done it to their daughter or wife, should whack him in the gob.’

Photo of Alan FergusonAlan Ferguson (SA, Deputy-President) Share this | | Hansard source

Order! That is not a point of order, Senator Sterle.

Honourable Senators:

Honourable senators interjecting

Photo of Alan FergusonAlan Ferguson (SA, Deputy-President) Share this | | Hansard source

Senator Macdonald took a point of order and raised the issue of an interjection. Senator Sterle sought the call which I gave him. If you had given me time I would have asked you, Senator Sterle, whether you said that and asked you to withdraw it if you had. There is no need for it to be continually debated in the chamber.