Page 2571 - Week 09 - Wednesday, 8 August 1990

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MR BERRY: As soon as I have finished my comments on the matter, which I will do very shortly, I will rise to seek leave to move that motion. Will that clarify the situation?

Mr Collaery: I raise a point of order, Mr Acting Speaker. I sympathise with Mr Berry's position. It is a catch 22 situation, but it occurs to me that the proper course of conduct is for this house to amend the standing orders to adopt standing order 100 of the House of Representatives. Were we to do that and to change our standing orders, which we could do quite easily, that would accomplish what Mr Berry seeks.

As Leader of the Assembly, my view is that the matter should be seen, at least formally, by the Administration and Procedures Committee. It could meet during the lunch break, but I do not speak for the committee. My view is that we should not change standing orders on the floor, but that the matter should go to the Administration and Procedures Committee. I foreshadow no objection from the Government to the process that Mr Berry seeks, other than that the process I am proposing would shorten the whole affair considerably.

I do indicate that there are strong arguments why there should not be a right of dissent from the Chair, and that is set out in the text that Mr Berry read from, the Canadian Parliament, and other Commonwealth Parliaments. The lower houses do not have it. I believe those issues should be looked at by the Administration and Procedures Committee and we should receive advice.

At this stage, as Leader of the Assembly, I have no objection to what Mr Berry proposes, but I believe the Administration and Procedures Committee is the appropriate forum for that. I believe that the Opposition is represented there.

MR ACTING SPEAKER: Yes. I believe that Mr Berry is now attempting to move - and I think the formal words for this motion are not clear - that there be the right for members to dissent from the ruling of the Chair, and therefore establish a precedent.

Mr Collaery: Then, I would move to adjourn that.

MR BERRY: I think I need to move that so much of standing orders be suspended as will allow me to move a motion of dissent.

Mr Jensen: But there is no standing order there. You cannot suspend what is not there.

MR ACTING SPEAKER: Basically, you asked leave, which was granted, to move a motion of dissent from my ruling in relation to making motions of dissent. If that were carried, it would mean this Assembly would then establish


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