Senate debates Committees

Bank Deposit Guarantee Committee; Establishment


David Bushby

David Bushby Tasmania, Liberal Party

10:17 am

Mr President, I ask that general business notice of motion No. 324 standing in my name for today relating to the establishment of the Select Committee on the Bank Deposit Guarantee be taken as a formal motion.

John Hogg

John Hogg President

Is there any objection to this motion being taken as formal?

Bob Brown

Bob Brown Tasmania, Australian Greens

I seek leave to amend the motion.

Leave not granted.

Nick Sherry

Nick Sherry Tasmania, Australian Labor Party, Minister for Superannuation and Corporate Law

I also seek leave to amend the motion.

Leave not granted.

Mr President, I seek your guidance: can I attempt to move to amend the motion?

John Hogg

John Hogg President

A formal motion cannot be amended.

Nick Sherry

Nick Sherry Tasmania, Australian Labor Party, Minister for Superannuation and Corporate Law

Okay. I seek leave to make a short statement.

Leave granted.

I will be seeking leave to delete section (2). The membership of the committee does not reflect—

Nick Minchin

Nick Minchin SA, Liberal Party, Leader of the Opposition in the Senate

Just change it to four, three and one.

Nick Sherry

Nick Sherry Tasmania, Australian Labor Party, Minister for Superannuation and Corporate Law

Well, I still do not agree with that anyway—and it would have been nice to have been told that you were going to move an amendment. If you had done so and informed us as to the detail we could perhaps have saved some time by negotiation and discussion; that has not happened.

Unidentified interjection - Hansard doesn't record who said this

Opposition Senators:

Opposition senators interjecting—

Nick Sherry

Nick Sherry Tasmania, Australian Labor Party, Minister for Superannuation and Corporate Law

You want some cooperation. It would have been nice for the government to have been told that you were amending the motion. But, anyway.

Unidentified interjection - Hansard doesn't record who said this

Opposition Senators:

Opposition senators interjecting—

Nick Sherry

Nick Sherry Tasmania, Australian Labor Party, Minister for Superannuation and Corporate Law

I am just being told by interjection that it is to be three, three, one. (Time expired)

Bob Brown

Bob Brown Tasmania, Australian Greens

10:19 am

by leave—I want to make it clear that the Greens’ position on this motion is that we will support it if the numbers are changed to three, three, one. That is in the spirit of a reference to do with committees that we had before the Senate a short while ago. I have indicated this to Senator Bushby. Otherwise, we are left with no option but to oppose the motion. I think the amendment ought to be considered.

Nick Xenophon

Nick Xenophon SA, Independent

10:20 am

by leave—I wish to make a short statement, and this is perhaps directed to the opposition: my position is that I support the motion of Senator Bushby that this matter go to the select committee, but I think the appropriate thing is for the composition of the committee to reflect the composition of the chamber, and that it be three government members, three opposition members and one crossbencher. I do not know whether that could be dealt with. Perhaps the opposition could reconsider their position in respect of that.

John Hogg

John Hogg President

Senator Xenophon, I can only deal with what Senator Bushby has put to the Senate by way of notice of motion, and that is what is currently before the chamber.

John Faulkner

John Faulkner NSW, Australian Labor Party, Cabinet Secretary

And if he loses he loses.

John Hogg

John Hogg President

No, the leave has been granted to those who want it.

Bob Brown

Bob Brown Tasmania, Australian Greens

Mr President, I have a point of order. I am unclear as to whether you have called for formality, and I would like that matter clarified, please.

John Hogg

John Hogg President

No, I will come to that now.

Helen Coonan

Helen Coonan NSW, Liberal Party, Manager of Opposition Business in the Senate

10:21 am

Thank you, Mr President. Given that there is obviously a bit of confusion about what is being proposed here, could it be deferred until a later hour? I seek leave to defer it to a later hour.

John Hogg

John Hogg President

I was talking to the Clerk, Senator Coonan, and I missed what you said: are you seeking leave to withdraw?

Helen Coonan

Helen Coonan NSW, Liberal Party, Manager of Opposition Business in the Senate

Yes, well, we were seeking to—

John Faulkner

John Faulkner NSW, Australian Labor Party, Cabinet Secretary

Mr President, I raise a point of order. My point of order is that Senator Coonan was given the call without either taking a point of order or seeking leave. Of course, if Senator Coonan seeks leave, I am sure leave will be granted.

Ian Macdonald

Ian Macdonald Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern Australia

She did seek leave.

John Faulkner

John Faulkner NSW, Australian Labor Party, Cabinet Secretary

No, leave was not granted in this chamber. To my knowledge, leave was not sought—and I was listening pretty carefully—nor was it granted. It will be if it is. I think we have a problem if senators just stand up and speak, particularly when debate is constrained in this sort of matter. I might say in conclusion to my point of order—and that is my substantive point of order—that this shows the absurdity of dealing with these sorts of matters when formality has been granted. It would have been better, of course, in relation to this matter if it had been dealt with in a different manner.

John Hogg

John Hogg President

I know you want to respond, Senator Macdonald, but I was asked a question previously. Formality has not been granted at this stage to this motion. Senator Macdonald, is this a point of order?

Ian Macdonald

Ian Macdonald Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern Australia

I am speaking on Senator Faulkner’s point of order, Mr President. I thought Senator Coonan did seek leave. If she did not, we all agree with Senator Faulkner: you cannot just get up in this chamber and chat away; you have to seek leave. I thought Senator Coonan did, but if she did not I am sure she will seek leave. What she wants to do, as I understand, is to move this motion to a later hour this day.

Helen Coonan

Helen Coonan NSW, Liberal Party, Manager of Opposition Business in the Senate

First of all, Mr President, I want to speak to Senator Faulkner’s point of order. I had sought leave. I do not know whether Senator Faulkner had not heard me—so that was the point. But, in relation to what I was previously putting, I had sought leave to have this motion deferred until a late hour.

Joe Ludwig

Joe Ludwig Queensland, Australian Labor Party, Manager of Government Business in the Senate

Mr President, on the point of order: the difficulty we have is that if we defer it to a later hour then it becomes a motion which can be debated. This is the difficulty with all of these things: when you choose to do something, you can have consequences—so, as long as we understand that, if we defer it for a later hour, it becomes a matter that can be debated.

John Hogg

John Hogg President

The Clerk advises that the simple solution is to withdraw the formality and come back and deal with it later on.

Helen Coonan

Helen Coonan NSW, Liberal Party, Manager of Opposition Business in the Senate

I seek leave to withdraw formality.

Leave granted.

John Hogg

John Hogg President

The matter is to be considered later.