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representatives vote 2019-07-22#7
Edited by
mackay staff
on
2020-08-21 11:50:43
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Title
Business — Consideration of Legislation- Business - Consideration of Legislation - Future Drought Fund legislation
Description
<p class="speaker">David Littleproud</p><p>I move:</p><p class="italic">That so much of the standing orders be suspended as would prevent:</p>- The majority voted in favour of a motion to suspend the usual procedural rules - known as [standing orders](https://peo.gov.au/understand-our-parliament/how-parliament-works/parliament-at-work/standing-orders/) - in order to let another motion to introduced. In this case, Maranoa MP [David Littleproud](https://theyvoteforyou.org.au/people/representatives/maranoa/david_littleproud) was seeking the ability to introduce a bill without delay (see motion text below).
- ### Motion text
- > *That so much of the standing orders be suspended as would prevent:*
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- > *(a) the introduction immediately of a Bill for an Act to establish the Future Drought Fund, and for other purposes, to be followed by the introduction of a Bill for an Act to deal with consequential matters arising from the enactment of the Future Drought Fund Act 2019, and for other purposes, with a cognate debate to occur, and passage of both Bills through all stages today, without delay at any stage; and*
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- > *(b) any variation to this arrangement to be made only by a motion to be moved by a Minister.*
<p class="italic">a.   the introduction immediately of a Bill for an Act to establish the Future Drought Fund, and for other purposes, to be followed by the introduction of a Bill for an Act to deal with consequential matters arising from the enactment of the Future Drought Fund Act 2019, and for other purposes, with a cognate debate to occur, and passage of both Bills through all stages today, without delay at any stage; and</p><p class="italic">b.      any variation to this arrangement to made only by a motion to be moved by a Minister.</p> <p class="speaker">Tony Burke</p><p>The government's proceeding right now to do something really dumb and they're trying to do something really dumb because the Prime Minister's decided that he wants a fight rather than an outcome. All that this House is asking for is a chance to be able to read legislation before we vote on it. All that this House is asking for is the opportunity—and, look, he wanders off now; let's not forget this is the same Prime Minister who's done it before. He's got form on this. Those of you who've been here for a couple of terms remember this Prime Minister coming in here with Treasury bills when there weren't enough copies here, when nobody knew what they were voting on and it was all meant to go through that night. He'd struck a deal with the Senate and he cared about his negotiation in the Senate but treated every member of this House with absolute contempt, and that's what's happening right now.</p><p>Right now the suspension of standing orders that's been put in front that the government cannot carry on their own numbers, so I say to the crossbench: think about this seriously. Because if you want your vote to be treated with contempt, you've got the opportunity to be treated with contempt because that's what this government is doing with this motion right now.</p><p>Most people when they come to this place have some view and have been involved in discussions beforehand.</p> <p class="speaker">Lucy Wicks</p><p>Order!</p> <p class="speaker">Tony Burke</p><p>You want to shut down this, too, do you? You don't want any debate.</p> <p class="speaker">Lucy Wicks</p><p>Order! I call the Leader of the House.</p> <p class="speaker">Christian Porter</p><p>I move:</p><p class="italic">That the motion now be put.</p><p> <i>A division having been called and the bells being</i> <i>rung—</i></p> <p class="speaker">Tony Burke</p><p>A point of order: I have received from the clerks a copy of the motion that is before the House. It is different to what the Leader of the House read out.</p> <p class="speaker">Tony Smith</p><p>I will say to the Manager of Opposition Business—</p><p class="italic">Mr Hunt interjecting—</p><p>The Minister for Health is not helping. I'm trying to rule on the issue. The minister has moved the motion. Obviously I wasn't here to hear every single word, but I think the overriding point is it was without notice.</p> <p class="speaker">Tony Burke</p><p>I presume, any moment, the doors will lock. The only way members have of knowing what they are voting on is by virtue of what the minister read out. The minister did not read out the whole motion. I have a written copy of the motion from the clerks. We are deciding a question now that has not in any way been said out loud to the parliament. If I may, I've already put the objections to the whole process tonight about the fact that we still don't have a copy of the bill that we're about to vote on, but—</p> <p class="speaker">Tony Smith</p><p>Pause for a second. The time has lapsed, so I ask for the doors to be locked and will continue to hear from the Manager of Opposition Business.</p> <p class="speaker">Tony Burke</p><p>I'm working on the basis that, first of all, when a motion has to be provided in writing, it has to be the same as what was said out loud. I'm also working on the basis that, right now, members of parliament are not allowed to move because the doors have locked. The minister did not tell anyone that he was moving that the whole debate would be limited to 25 minutes. He did not tell anyone that there would be shortened speaking times within those 25 minutes, and yet that is the question that is now before the House.</p> <p class="speaker">Tony Smith</p><p>It won't be any surprise to anyone that I have copies of everything that's before me. That section that he's referring to is never read out. It's not. I'm going to solve this very quickly. I realise that there are lots of arguments—and I think there will be no shortage of arguments tonight—but I'm going to make a prediction. If the Manager of Opposition Business has such a problem with the fact that, as I understand it—and you correct me if I'm wrong—the minister read out the section 'I move' and read out all of (a) and all of (b) but he didn't read out the time limits, one, it was without notice. If your point is you're concerned members didn't know that and they're about to vote, all right, I'll ask the minister to read out those time limits and, if necessary, if members want to shift, they can say that to me now.</p> <p class="speaker">Tony Burke</p><p>This is a point of order: can I put it to you, Mr Speaker, that what you are then saying is, for them to shift, they'd be doing so in the middle of a division while the doors were locked.</p> <p class="speaker">Tony Smith</p><p>No, I'd order the doors opened.</p> <p class="speaker">Tony Burke</p><p>If that's the case, why can't the minister just move the whole motion again and we ring the bells again? That's what the standing orders would require.</p> <p class="speaker">Tony Smith</p><p>I don't agree that's the case. I don't agree that time limits—I'll read them out now. The time limits are: whole of the debate, 25 minutes; mover, 10 minutes; seconder, if any, five minutes; member next speaking, 10 minutes; any other member, five minutes. And it's on the motion that's there. It's on the motion.</p><p>Government members interjecting—</p><p>I don't need interjections on my right either. So this is on the motion, not on the bill. This is standard—</p><p>Honourable members interjecting—</p><p>Hang on. Members interjecting might make themselves feel better, but they don't move this forward. That is standard operating procedure. It's been moved without notice. I've now read it out. The Manager of Opposition Business has taken a point of order in the appropriate way from the appropriate place. If anyone wishes to take a point of order to say that changes their decision, they can do so now. All right. The time for points of order has concluded. The question is—yes, the member for Indi?</p> <p class="speaker">Rebekha Sharkie</p><p>No, you've got to sit down.</p> <p class="speaker">Tony Smith</p><p>Could I say to the member for Mayo: it is not your role to tell anyone to stand or sit down.</p><p>An honourable member interjecting—</p><p>No, and I've made my point. I don't need an explanation. I'm going to move forward with this. So let's be clear where we are: the question is that the Manager of Opposition Business be no further heard. That's the question. The ayes will pass, or have passed, to the right of the chair, the noes to the left. I'm going to appoint the tellers—the members for Grey and Nicholls tellers for the ayes and the members for Werriwa and Lalor tellers for the noes. The member for Mayo on a point of order?</p> <p class="speaker">Rebekha Sharkie</p><p>Mr Speaker, the crossbench would like to see the motion.</p> <p class="speaker">Tony Smith</p><p>The motion is at the table. The crossbench can always approach the clerks if they wish to. But the way procedure sometimes works is—the closure has been moved. I'll try and be as simple as I can. There is nothing happening now that doesn't happen all the time, and I'm happy to take that up with the member for Indi afterwards. Just so there's no misunderstanding, we're referring to the motion. The question that members are voting on is that the question be put; that's what members are voting on. If that question is carried, the question will then be on the motion moved by the minister, not on the bill. And if that is carried the minister will be able to introduce the bill. The question now is that the motion moved by the minister be agreed to.</p>
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