Senate debates

Wednesday, 30 November 2016

Committees

Select Committee on the Exposure Draft of the Marriage Amendment (Same-Sex Marriage) Bill; Appointment

3:46 pm

Photo of Louise PrattLouise Pratt (WA, Australian Labor Party, Shadow Parliamentary Secretary for the Environment, Climate Change and Water) Share this | | Hansard source

I, and also on behalf of Senators Rice, Kakoschke-Moore and Hinch, move:

(1) That a select committee, to be known as the Select Committee on the Exposure Draft of the Marriage Amendment (Same-Sex Marriage) Bill, be established to inquire into and report on by 13 February 2017, on the Commonwealth Government's exposure draft of the Marriage Amendment (Same-Sex Marriage) Bill, with particular reference to:

(a) the nature and effect of proposed exemptions for ministers of religion, marriage celebrants and religious bodies and organisations, the extent to which those exemptions prevent encroachment upon religious freedoms, and the Commonwealth Government's justification for the proposed exemptions;

(b) the nature and effect of the proposed amendment to the Sex Discrimination Act 1984 and the Commonwealth Government's justification for it;

(c) potential amendments to improve the effect of the Bill and the likelihood of achieving the support of the Senate; and

(d) whether there are to be any consequential amendments, and, if so, the nature and effect of those consequential amendments, and the Commonwealth Government's justification for them.

(2) That the committee consist of 8 senators, as follows:

(a) 4 nominated by the Leader of the Government in the Senate;

(b) 2 nominated by the Leader of the Opposition in the Senate;

(c) 1 nominated by the Leader of the Australian Greens; and

(d) 1 nominated by the Nick Xenophon Team.

(3) That:

(a) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator; and

(b) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee.

(4) That 4 members of the committee constitute a quorum of the committee where at least one member present was appointed to the committee on the nomination of the Leader of the Government in the Senate and at least one member present was appointed to the committee on the nomination of the Leader of the Opposition in the Senate.

(5) That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.

(6) That the committee elect as chair one of the members nominated by the Leader of the Government in the Senate and, as deputy chair, one of the members nominated by the Leader of the Opposition in the Senate.

(7) That the deputy chair shall act as chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.

(8) That, in the event of an equality of voting, the chair, or the deputy chair when acting as chair, have a casting vote.

(9) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.

(10) That the committee have power to appoint subcommittees consisting of 3 or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to consider.

(11) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President.

(12) That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.

Photo of James McGrathJames McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | | Hansard source

I seek leave to make a short statement.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Leave is granted to one minute.

Photo of James McGrathJames McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | | Hansard source

The government took a policy to the last election that the issue of same-sex marriage would be determined by a plebiscite. This remains the government's policy. We introduced legislation for a plebiscite and released an exposure draft of amendments to the Marriage Act 1961. This was the first time an Australian government had put forward amendments to achieve same-sex marriage. On 7 November 2016, the Senate voted against the plebiscite legislation.

Question agreed to.