Page 3276 - Week 12 - Thursday, 19 November 1992
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Personal Explanation
MR KAINE (Leader of the Opposition): Madam Speaker, I seek leave to make a personal explanation under standing order 46.
MADAM SPEAKER: Please proceed, Mr Kaine.
MR KAINE: I think it is fair to say that, during question time, along with other members of the Liberal Party, I was admonished for interjecting when the Chief Minister was answering a question. I would like to explain why I interjected and why I was rather incredulous at the Chief Minister's answer. The question had to do with the age of consent being reduced to 13.
Mr Berry: On a point of order, Madam Speaker: If Mr Kaine wishes to introduce debate on an issue into this - - -
MR KAINE: Madam Speaker, standing order 46 says that my explanation cannot be debated. The Minister might like to sit down.
MADAM SPEAKER: Just a minute, Mr Kaine. Just let me hear the full gist of this, and then I will rule on it. I call Mr Berry.
Mr Berry: A personal explanation differs from debate about an issue. We are quite happy to get involved in a debate about an issue, but using a personal explanation to debate an issue without fear of competition, in my view, is not an appropriate course.
MADAM SPEAKER: Mr Kaine, you sought to make a personal explanation under standing order 46. I believe that you are quite aware of its provisions. I will allow you to continue. You have heard the concerns that members have.
MR KAINE: Thank you, Madam Speaker. It is not an issue; it is a matter of a personal nature. I did preface my remarks by saying that I was admonished for interjecting. I interjected - - -
Mr Berry: I raise a further point of order. If the issue is about whether he was admonished correctly or not for interjecting, then it becomes an issue of whether the Chair's ruling is being reflected upon. Mr Kaine was not admonished for any particular policy position that he took. He was admonished for interrupting a speaker. There is no personal explanation that will recover the damage that he did to himself by doing that.
MR KAINE: That is not for you to judge. The Speaker has already given me permission - - -
MADAM SPEAKER: Mr Kaine, it is correct that you must not reflect on a ruling of the Chair or enter into any debate. However, if there is a matter of personal explanation that you feel is within those rules, I will entertain one more attempt and then perhaps rule you out of order.
MR KAINE: My main objection sprang from the fact that I was incredulous at what the Chief Minister was saying. I think, therefore, my interjection was justifiable and I wanted to explain why.
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