Page 1551 - Week 06 - Tuesday, 17 May 1994
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The board of inquiry is a tribunal within the meaning of the Parliamentary Privileges Act. As I mentioned earlier, Mr Connolly's letter drew my attention to the fact that the submission invited the inquiry to have regard to the debates in the Assembly. Having examined the copy of the submission provided, matters that are of concern are the fact that this submission suggests that the board of inquiry closely examine the conduct of Mr Berry, both inside and outside the Assembly; reference to the attitude taken by Mr Berry and others in the Assembly and comments made in the Assembly; and inviting the board to consider the contents of speeches made in the Assembly.
Under the terms of standing order 71, I must determine whether the matter merits precedence over other business and, if so, I must inform the Assembly of my decision and the member who raised the matter may move a motion without notice to refer the matter to the Standing Committee on Administration and Procedures. I do not determine whether a breach of privilege or contempt has occurred. Having considered the matter raised, I have concluded that the matter does merit precedence. To ensure that no action is taken or decision made in the inquiry that could erode the privilege of freedom of speech in the Assembly, I will be forwarding a copy of my statement on the matter to the board. The Minister may wish to consider this fact before making a decision to move a motion in accordance with standing order 71(e). In conclusion, I remind members of the importance of the privilege of freedom of speech and the need for members to refrain from any action that could prejudice this right.
Mr Humphries: I raise a point of order, Madam Speaker. I am aware that, in addition to the matters you have raised in your ruling, there is also the question of a submission made to the inquiry being conducted by Professor Pearce from the ACTTAB board which also extensively quotes from proceedings in this place. It quotes members on both sides of the chamber in respect of those proceedings. With respect, I think it would be inappropriate for Professor Pearce to receive the comments you have made in today's statement only in respect of comments made by Opposition members and not in respect of comments made by the ACTTAB board, which has made a submission - - -
Mr Berry: On the point of order, Madam Speaker: I do not see that this is a point of order. Mr Humphries has the right to write to the Speaker in relation to that matter, if he so desires, as has Mr Connolly.
Mr Humphries: If I can finish my point of order, Madam Speaker, I might be able to - - -
MADAM SPEAKER: Proceed, Mr Humphries.
Mr Humphries: My point of order is that it would be appropriate to include some reference to the other submission from the ACTTAB board - - -
Mr Berry: That is not a point of order.
Mr Humphries: It is a point of order - in the comments you forward to Professor Pearce.
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