Page 1693 - Week 06 - Thursday, 13 August 1992
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Mr Kaine: Yes, I am taking a point of order. We are seeing a complete abrogation of the rights of the members of this Assembly.
Mr Berry: Hold on! Are you the Speaker as well?
MADAM TEMPORARY DEPUTY SPEAKER: I am sorry, Mr Berry; Mr Kaine does have the right to speak.
Mr Kaine: In all fairness, Madam Temporary Deputy Speaker, I believe that if the Minister thought about his motion he would withdraw it. Let us look at what standing order 70 says. It says:
... unless it shall appear to the Speaker that such motion is an abuse of the rules of the Assembly, or an infringement of Members' rights ...
They are two very serious matters. Only under those conditions can the Speaker uphold a gag. The Minister is trying to set that aside. He is trying to say that, irrespective of the rights of this Assembly and the members of it, the Speaker shall not uphold a member's rights; it does not matter whether he is infringing members' rights and it does not matter whether the rules of the Assembly are being abused.
Mr Berry: What is the point of order?
Mr Kaine: That is my point of order. I think the Minister, in even moving such a motion, is totally out of order. I submit that no member of the Government should support this, and I really suggest that the Minister should withdraw it and not even allow his motion to be put.
MADAM TEMPORARY DEPUTY SPEAKER: Order, please!
Mr Berry: Is this a point of order?
Mr Kaine: Yes, it is.
MADAM TEMPORARY DEPUTY SPEAKER: He has made the point of order and has sat down. Thank you, Mr Kaine. Mr Cornwell?
Mr Moore: You called Mr Berry.
Mr Berry: I had already been called when I was interrupted by a point of order, Madam Temporary Deputy Speaker.
MADAM TEMPORARY DEPUTY SPEAKER: Is it a point of order, Mr Cornwell?
Mr Cornwell: I wish to participate in the debate, Madam Temporary Deputy Speaker. I was first on my feet at that point.
MADAM TEMPORARY DEPUTY SPEAKER: No, it is not a debate; but it could be a point of order.
MR BERRY: Madam Temporary Deputy Speaker, what has been ignored by members opposite is that the Assembly decides what its standing orders are, and it decides when it should alter those standing orders.
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