For the sitting period 2-12 March 1998
Censure of a senator
In the past it seems to have been accepted in the Senate that it
would be appropriate for the Senate to censure a senator who is not
a minister in circumstances of proved misconduct. Although there
have been several attempts to do so the motions have not been
passed in the form of censure motions (on one occasion a censure
motion was amended to deplore the senator's conduct). The first
such successful censure motion was passed on 10 March in respect of
Senator Bolkus' unauthorised disclosure of a federal court
affidavit relating to the legal proceedings to recover the assets
of Christopher Skase.
The government made the first attempt to have the motion dealt
with on 5 March. As no notice had been given, it was necessary to
suspend standing orders to allow a motion to be moved. This
procedure requires three stages: the motion to suspend standing
orders, the procedural motion to authorise the moving of the
substantive motion, and the substantive motion itself. The motion
to suspend standing orders is subject to time limits of 30 minutes
and 5 minutes per speaker. The procedural motion which follows,
however, is not subject to a total time limit and has the normal
speaking time limit of 20 minutes. Normally this motion is not
debated; once the suspension motion is carried it is normally
accepted that the substantive matter will follow. On this occasion,
however, opposition senators had no scruples about debating the
procedural motion, on the basis that, if the substantive motion
were moved, it would take up the time normally devoted to
non-government business on a Thursday. The procedural motion was
therefore "talked out" until general business was called on. The
government then had to give notice of the censure motion on the
following Monday and move it on the following Tuesday, when it was
eventually carried, with an amendment moved by Senator
Harradine.
In the Senate there are rulings which establish that it is not
appropriate for the Senate to seek to censure a member of the House
of Representatives other than a minister acting in that capacity,
on the basis that only the House can examine the conduct of its
members other than ministers. This rule of comity, however, is not
followed in the House of Representatives, where a censure motion in
respect of Senator Bolkus was carried on 5 March.
Orders for production of documents
An order was passed on 11 March for the production of the
government's advice on the question of whether the Native Title
Amendment Bill had qualified for the first stage of a double
dissolution "trigger" (see Bulletin No. 121, p 1). The government
declined to table the actual advice it says it has received, but
tabled on 12 March a letter from the Attorney-General indicating
the government's view that the bill has met the conditions for the
first stage of a "trigger". It was pointed out by Senator Woodley,
who moved the motion for the order, that the government is taking
an expensive wager that its advice is correct. Copies of the
advices given on this subject are available from the Clerk's
Office.
An order for documents was passed on 9 March for information
relating to the Multilateral Agreement on Investment, which is the
subject of increasing disquiet amongst non- government senators.
The order calls for documents to be tabled by 9 May.
Legislation
Virtually all of the time available for consideration of
legislation during the period was devoted to the Social Security
Legislation Amendment (Youth Allowance) Bill 1997, which was
finally passed on 12 March with both amendments and requests for
amendments (the requests relating to amendments which expand
entitlements under the legislation and therefore increase
expenditure from the standing appropriation).
The Native Title Amendment Bill, surrounded by speculation that
it will be the "trigger" for a double dissolution, was nonetheless
exempted from the deadline for the receipt of bills from the House
of Representatives, so that it will be available to be considered
during the current period of sittings.
Delegated legislation
The Regulations and Ordinances Committee made a statement on 12
March again drawing attention to the problems created by national
uniform legislation drawn up by agreement between Commonwealth and
state governments and then presented as unalterable to federal and
state parliaments. The statement recounted the committee's
successful scrutiny of a particular piece of delegated legislation,
indicating that its efforts in this area have not been in vain.
Privilege
The Privileges Committee received on 12 March a reference
relating to the unauthorised disclosure of a draft committee
report. In this case the committee concerned, the Economics
References Committee, followed the procedures set down in the
Senate's order of 20 June 1996. This order, passed on the
recommendation of the Privileges Committee, provides for processes
to be followed by committees in cases of unauthorised disclosure
before such cases are referred to the Privileges Committee. This is
intended to be a "filter" so that the Privileges Committee is not
occupied with every case of unauthorised disclosure.
Committee reports
The following committee reports were presented during the
period:
Date tabled
|
Committee
|
Title
|
2.3
|
Community Affairs References |
Report— Housing Assistance |
|
Economics Legislation |
Report— Trust Loss and Family
Trust Bills— Errata |
|
Community Affairs Legislation |
Additional Information—
Additional Estimates 1997-98 |
|
Environment, Recreation,
Communications and the Arts Legislation |
Additional Information—
Estimates 1997-98 |
|
Foreign Affairs, Defence and Trade
Legislation |
Additional Information—
Additional Estimates 1997-98 |
|
Rural and Regional Affairs and
Transport Legislation |
Additional Information—
Estimates 1997-98 |
|
Legal and Constitutional
Legislation |
Additional Information—
Additional Estimates 1997-98 |
4.3
|
Scrutiny of Bills |
1st Report and Alert Digest No. 1 of
1998 |
|
Superannuation |
Information Paper— Taxation of
Superannuation |
9.3
|
National Crime Authority |
Report— National Crime Authority
Annual Report |
10.3
|
Economics References |
Report— Unauthorised Disclosure
of Committee Report |
11.3
|
Scrutiny of Bills |
2nd Report and Alert Digest No. 2 of
1998 |
12.3
|
Environment, Recreation,
Communications and the Arts Legislation |
Additional Information—
Additional Estimates 1997-98 |
|
Finance and Public Administration
Legislation |
Additional Information—
Estimates 1997-98 |
|
Regulations and Ordinances |
National Uniform Legislative
Schemes— Document |
|
Senators' Interests |
Annual Report 1997 |
|
Senators' Interests |
Declaration and Preservation of
Gifts— Document |
|
Environment, Recreation,
Communications and the Arts Legislation |
National Transmission Network Sale
Bills— Report |
|
Environment, Recreation,
Communications and the Arts Legislation |
National Environment Protection
Measures (Implementation) Bill 1997 |
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(02) 6277 3364