Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

Mr President, I have three motions of the Procedures Committee to deal with. I seek leave to make a very short statement in relation to the three of them before I seek to formally move them.

Leave granted.

Thank you, Mr President. Decisions of the Procedure Committee are a very serious business. It is the internal procedures of the Senate that enable senators to actively involve themselves appropriately in the debates in this chamber and give them the protections and the opportunity to do so. When the Procedure Committee recommends change it is generally after long and lengthy consultation and consideration. The Procedure Committee is of the view that these changes, which I will move shortly, will streamline a number of the internal procedures in the chamber and ultimately will allow more time for senators to participate in debate. As I said, it takes a long time to consult and to negotiate with senators from different parties and on the crossbench to get to a broadly agreed position, and I am happy to say that that is the point where we are at.

I have only been the chair of the committee since 7 July, so I particularly wanted to recognise you, Mr President, Senator Parry, for the work that you did over the last two years in bringing these changes together and going through that very tedious time-consuming but absolutely necessary process. On behalf of the Procedure Committee we thank you and I am here to take the glory, so to speak, by moving the motions.

The last point I will make is that we do intend to have these as a trial basis, after which senators can consider the results of the changes to the procedures. The Procedure Committee will then review the feedback from senators and make further recommendations to the Senate about the appropriateness to continue with those procedures.

I move:

That the proposed amendments of standing orders contained in Appendix 1 of the Procedure Committee's Third report of 2014 in relation to the following matters:

(a) consolidation of opportunities for tabling and considering documents;

(b) consolidation of opportunities for tabling and considering committee reports;

(c) streamlined procedures for routine extensions of time for committees to report;

(d) streamlined procedures for authorising committees to meet during the sitting of the Senate;

(e) proposals under standing order 75 on Thursdays;

(f) changes to the adjournment debate; and

(g) Senators' statements on Wednesdays at 12.45 pm;

     operate as temporary orders until 30 June 2015, with effect from 30 September 2014:

     Proposed amendments of standing orders contained in Appendix 1 of the Procedure Committee's Third report of 2014

(1) Consolidation of opportunities for tabling and considering documents – standing order 61

Omit paragraph (1), substitute:

(1) (a)   On Monday, Tuesday and Wednesday, documents presented by the President or by a minister shall be considered pursuant to this standing order at the time provided.

(b) Immediately after prayers on any day when consideration of documents occurs, the President or a minister may present documents by handing them to the Clerk without any announcement to the Senate, and the presentation of such documents shall be reported to the Senate by the President when the consideration of documents is called on under this standing order.

(c) Documents presented on Monday and not called on on Monday may be considered on Tuesday after the documents presented on that day, and documents presented on Monday and Tuesday and not called on on either day may be considered on Wednesday after documents presented on that day.

(2) Consolidation of opportunities for tabling and considering committee reports – standing order 62 and 38

Standing order 62, omit paragraph (4), substitute:

(4) (a)   If a committee report or government response to a report is presented at the time provided on Tuesday, Wednesday or Thursday, a motion may be moved relating to the report or response.

(b) A senator speaking to such a motion shall not speak for more than 10 minutes, and debate on all such motions shall not exceed 60 minutes.

(c) If a debate is not concluded at the expiration of that time the debate shall be made an order of the day for Thursday at the time for consideration of committee reports and government responses.

Standing order 38, omit paragraph (7), substitute:

(7) If the Senate is not sitting when a committee has prepared a report for presentation, the committee may provide the report to the President or, if the President is unable to act, to the Deputy President, or, if the Deputy President is unavailable, to any one of the Temporary Chairs of Committees, and, on the provision of the report:

  (a) the report shall be deemed to have been presented to the Senate;

  (b) the publication of the report is authorised by this standing order;

  (c) the President, the Deputy President, or the Temporary Chair of Committees, as the case may be, may give directions for the printing and circulation of the report; and

  (d) the presentation of the report shall be recorded in the Journals of the Senate for the next sitting; and

  (e) the report may be considered under standing order 62(4) at the next available opportunity after any reports presented that day.

(3) Consequential amendments in relation to documents and committee reports

(a) Standing order 57(1), in relation to documents

On Monday, Tuesday and Wednesday, after Any proposal to debate a matter of public importance or urgency, insert:

Consideration of documents under standing order 61 for up to 30 minutes

On Tuesday and Wednesday, omit:

At 6.50 pm, consideration of government documents for up to 30 minutes under standing order 61.

(b) Standing order 57(1), in relation to committee reports

On Tuesday, after Consideration of documents under standing order 61 for up to 30 minutes, insert:

Consideration of committee reports under standing order 62(4) for up to 60 minutes

On Thursday, after Discovery of formal business, omit:

Consideration of committee reports under standing order 62(4)

On Thursday, after Motions to take note of answers, insert:

Consideration of committee reports under standing order 62(4) for up to 60 minutes

(c) Standing order 169, in relation to motions after tabling

Omit paragraph (2), substitute:

  (2) Where a motion is moved by leave in relation to a document or committee report presented to the Senate, including a document or committee report presented to the President when the Senate is not sitting, a senator speaking to such a motion shall not speak for more than the time provided for a document or committee report under standing order 61 or 62, as the case requires, and debate on the motion shall not exceed a multiple of three times the applicable speaking time limit; where 2 or more such motions are moved in succession, debate on all motions shall not exceed a multiple of six times the applicable speaking time limit.

(4) Streamlined procedure for routine extension of time for a committee to report – standing order 67

Omit the standing order, substitute:

A senator, including a committee chair, who wishes to postpone a notice or order of the day of which the senator (or the committee) is in charge shall, before the time for postponement of business, deliver to the Clerk written notification of the postponement. At that time the Clerk shall read a list of such items, and they shall then be taken to be postponed accordingly, but, at the request of any senator, the question for the postponement of an item shall be put to the Senate for determination without amendment or debate.

This standing order does not apply to an order of the day for the presentation of a report of a select committee.

(5) Streamlined procedure for authorising committees to meet during the sitting of the Senate – standing order 33

At the end of standing order 33, add:

(5) For the purpose of paragraph (3), a committee that seeks to meet contrary to this standing order may deliver a notice in writing to the Clerk, signed by the chair of the committee, setting out the particulars of the meeting proposed to be held. Immediately after prayers on any day, the Clerk shall read a list of such proposals and they shall be taken to be approved accordingly but, at the request of any senator, the question for authorisation of a particular meeting contrary to this standing order shall be put to the Senate for determination without amendment or debate.

(6) MPI on Thursday – standing order 57

Standing order 57(1), Thursday, omit "Any proposal to debate a matter of public importance or urgency".

(7) Adjournment – standing order 54

Omit paragraphs (5) and (6), substitute:

(5) On Monday and Wednesday debate on the question for the adjournment shall not exceed 40 minutes, and a senator shall not speak to that question for more than 10 minutes. On Tuesday at the expiration of 2 hours and 10 minutes, on Thursday at the conclusion of debate, and on other days at the expiration of 40 minutes, at the conclusion of debate, or at the time specified for adjournment, whichever is the earlier, or if there is no debate, the President shall adjourn the Senate without putting the question.

(5A) On the question for the adjournment of the Senate on Tuesday, a senator shall speak to that question for not more than 5 minutes, but if no other senator wishes to speak for up to 5 minutes, a senator who has not already spoken may speak for up to 10 minutes.

(6) On the question for the adjournment of the Senate on Thursday, a senator shall speak to that question for not more than 5 minutes, except in accordance with the following paragraphs:

  (a) if no other senator wishes to speak for up to 5 minutes, a senator who has not already spoken may speak for up to 10 minutes; and

  (b) if no other senator wishes to speak under paragraph (a), a senator who has not already spoken may speak for up to 20 minutes.

(8) Consequential amendments in relation to the adjournment

(a) Standing order 55

Omit paragraph (1), substitute:

  (1) The days and times of meeting of the Senate in each sitting week shall be:

Monday 12.30 pm* – 6.30 pm, 7.30 pm – 10.30 pm

Tuesday 12.30 pm – 9.30 pm

Wednesday 9.30 am – 8 pm

Thursday 9.30 am – adjournment.

(*note that under another temporary order, this time has been changed to 10 am)

(b) Standing order 57(1)

On Tuesday, insert "At 9.30 pm," before "adjournment".

On Thursday, omit "At 8.40 pm, adjournment", substitute "Adjournment".

(9) Senators' statements – standing order 57

Omit paragraph (2), substitute:

(2) On Wednesday, at 12.45 pm till 2 pm senators may make statements without any question before the chair, provided that a senator shall not speak for more than 10 minutes, and if a division is called for, the division shall be taken at a later hour of the day, not being earlier than 2 pm.

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

I seek leave to make a short statement on this motion.

Stephen Parry (President) Share this | Link to this | Hansard source

Leave is granted for two minutes.

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Thank you very much. I appreciate the indulgence of the chamber. I wanted to rise to oppose this particular tranche of changes, particularly subparagraph (f) on the issue of Tuesday nights open-ended adjournment. I think it is a very valuable, and has proven to be a valuable, outlet for senators to express their views on a whole range of issues. I am very disappointed to hear that it is being pushed through over a long period of time. I think it is fundamentally against the interests of the chamber to adopt this. Senators should have the opportunity to speak on adjournment. I think it is a joke to suggest that we have an open-ended adjournment on a Thursday night that is the equal. Many of us have families that we have to return to, and catch planes on a Thursday night. The whole point of Tuesday night is to allow us all to have an equal opportunity. I rarely take the opportunity to speak on adjournment but I actually believe that senators are entitled. We have one opportunity on a Tuesday evening, traditionally.

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

What about Thursday?

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

I have just said—many of us have young families that we have to return to. So, it is a joke to suggest that this is an equivalent outcome to what was happening previously. I think the Senate is turning its back on accountability and scrutiny, and I would urge the Procedure Committee to reconsider this when the trial is completed and to return to the original process that we have now.

Question agreed to.