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representatives vote 2020-09-03#22
Edited by
mackay staff
on
2020-09-18 08:55:59
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Title
Bills — Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020; Second Reading- Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 - Second Reading - Stop Watson MP from speaking
Description
<p class="speaker">Tony Burke</p><p>I move:</p><p class="italic">That so much of the standing orders be suspended as would prevent the Member for Watson from moving the following motion immediately—That the House:</p>- The majority voted in favour of a [motion](https://www.openaustralia.org.au/debate/?id=2020-09-03.171.1) to stop the Member for Watson [Tony Burke](https://theyvoteforyou.org.au/people/representatives/watson/tony_burke) (Labor) from speaking any further in this debate. These motions are known as *gagging orders*.
<p class="italic">(1) allow debate on the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 before the House to continue until every member wishing to speak on the second reading has done so;</p><p class="italic">(2) notes that this will allow members to explain</p><p class="italic">  (a) the government's attempt to rehash a failed Abbott-era environment bill; and</p><p class="italic">  (b) that the bill is inconsistent with the interim report of the Samuel Review commissioned by the government.</p><p>We've got members of parliament on the list wishing to speak. They should be allowed to do so. We're elected by the Australian community. We have a right to speak in this place.</p> <p class="speaker">Tony Smith</p><p>I ask the Manager of Opposition Business to resume his seat and the Leader of the House to resume his seat, because I want to address the substance of what the Manager of Opposition Business is doing. We had a similar, if not identical, circumstance the other night, where the bill was called on and there was a suspension moved between the second and third readings. Really where it's moved is immaterial, but I do want to address the House on this matter and I want to clarify the <i>Practice</i> as it applies. The other night there was a lot happening, and I ruled that out of order. There have been occasions, including one cited by the Manager of Opposition Business where in December 2013—I think 10 December—a motion very similar to the one he has moved now was moved at about this stage of the debate. There was another occasion, which I hadn't recalled, in 2017, when I was in the chair and I immediately said no, until looking at the relevance of it. The relevant standing orders is 47(c). It says:</p><p class="italic">(c) If a suspension motion is moved without notice it:</p><p class="italic">  (i) must be relevant to any business under discussion and</p><p class="italic">  seconded; …</p><p>The difficulty the chair has is in making a decision where they don't have a copy of the motion and all the rest of it. Having heard the Manager of Opposition Business and his motion, which he has put a little bit of time into preparing, I will say that he is entitled to move that motion now but he needs to understand that the House will then make a determination on whether that motion is carried or not, and variations to it won't be considered by the chair afterwards, because otherwise the same-motion rule will come into effect—and I have the <i>Practice</i> here in front of me on that. In layman's terms, if the House decides against the motion being moved, that will be the end of that procedural matter. You've moved it. The Leader of the House had come to the dispatch box. I give the call to the Leader of the House.</p> <p class="speaker">Christian Porter</p><p>It doesn't make much contextual sense. I'd prefer the Manager of Opposition Business to speak.</p> <p class="speaker">Tony Smith</p><p>He can speak again for however long he wants—he's the Manager of Opposition Business.</p> <p class="speaker">Tony Burke</p><p>Thanks for returning the call, and I thank the Leader of the House for having a brief moment of democracy.</p> <p class="speaker">Christian Porter</p><p>I move:</p><p class="italic">That the Member be no longer heard.</p> <p class="speaker">Tony Smith</p><p>The question is that Manager of Opposition Business be no further heard.</p>
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