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Legislative Assembly for the ACT: 1997 Week 5 Hansard (13 May) . . Page.. 1271 ..

MRS CARNELL (Chief Minister and Treasurer) (12.56): Mr Speaker, pursuant to standing order 174, I move:

That the Appropriation Bill 1997-98 be referred to the Select Committee on Estimates 1997-98.

Question resolved in the affirmative.

MR SPEAKER: On Tuesday, 6 May, during questions without notice I invited the Leader of the Opposition to withdraw certain words used in relation to the chief executive of the Chief Minister's Department, Mr Walker. On a point of order, Ms McRae asked that I direct the Assembly in writing as to under what standing order I had made my ruling and why I had chosen to limit members' privileges. Members may also recall that on 8 April I had asked that the chief executive be referred to by his correct title and had asked that a reference to him be withdrawn.

This Assembly has the privilege of freedom of speech. It is a privilege we have inherited from the House of Representatives, a privilege won by parliament only after a long struggle to gain freedom of action from all influence of the Crown, courts of law and government. As stated in House of Representatives Practice, quoting Redlich:

... it was never a fight for an absolute right to unbridled oratory ... From the earliest days there was always strict domestic discipline in the House and strict rules as to speaking were always enforced ... the principle of parliamentary freedom of speech is far from being a claim of irresponsibility for members; it asserts a responsibility exclusively to the House where a member sits, and implies that this responsibility is really brought home by the House which is charged with enforcing it.

The Assembly has formally set down limits on its right of freedom of speech through standing orders and practice. Chapter VI of the Assembly standing orders sets out rules of debate and privilege. It places an obligation on the Speaker to maintain order in the Assembly and places further obligations on the Speaker to intervene and determine when offensive or disorderly words are used. The standing orders relating to debate also prohibit the use of disrespectful words against the Queen or any of her representatives in Australia or offensive words against the Assembly, any of its members or any member of the judiciary.

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