Page 2567 - Week 09 - Wednesday, 8 August 1990
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think too that in House of Representatives Practice, the issue of dissent is clearly allowed. Without reading all the provisions which are dealt with on page 225, I refer to the second last paragraph, which says:
A member cannot move dissent -
assuming that one can move dissent in other cases -
from a ruling just supported by a vote of the House, and, conversely, once a dissent has been carried, the Chair cannot repeat the ruling until the House reverses its decision.
One can assume from that commentary that a member can move dissent in accordance with standing order 100, to which I drew your attention earlier, and I argue that I have the power to move a dissent from your ruling, Mr Acting Speaker, in accordance with standing order 275.
MR ACTING SPEAKER: Thank you, Mr Berry. I have already taken some advice on this as I was led to believe that you would probably move that dissent. I will just take some further advice in relation to a couple of other points that you raised.
Mr Collaery: I raise a point of order, Mr Acting Speaker. I am not clear what the point of order is. Is the point of order that there is a right to move a dissent to your ruling or is the point of order that there is a dissent for a substantive reason? If it is the latter, we have not heard the reason for the dissent.
MR ACTING SPEAKER: It is the former, I understand, Mr Collaery.
Mr Collaery: That is the right to raise a dissent from your ruling, Mr Acting Speaker?
MR ACTING SPEAKER: Yes. I have some sympathy with the point of order raised by Mr Berry in relation to dissent. This chamber does not have any specific reference to dissent. The standing orders of the House of Representatives do - particularly standing order 100. I am also mindful of precedent in this house. I believe that on one earlier occasion there was a notice of motion in relation to dissent which, of course, can occur under our current standing orders. I also note more recently there was a more spontaneous motion of dissent, such as that moved by Mr Berry now, which the Speaker, Mr Prowse, overruled, thus creating a precedent there.
I see there are three options for Mr Berry. I would reluctantly rule against his motion of dissent on the point of order because, as I see it, there are only three options that can be pursued to enable him to take this matter further. Before I come to those, I do think this point is important. On the advice I have received from the Clerk, I
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