For the sitting period 25-29 May 1998
Unanswered questions on notice
The procedure under standing order 74(5) relating to unanswered
questions on notice has undergone something of a revival in recent
times. Under that provision, a senator can ask after question time
for an explanation of the government’s failure to answer a
question which has been on notice for more than 30 days. If an
explanation is given the senator can move a motion to take note of
the explanation and debate it, and if no explanation is given the
senator can move any motion relating to the failure to answer the
question. Very often the motion moved in the latter circumstance is
a motion for an order that the answer to the question be
tabled.
On 27 May Senator O’Brien sought an explanation of failure
to answer questions on notice relating to the waterfront. He was
given the usual response, that answers were being prepared and
would be forthcoming. He then moved a motion for an order that the
answers be tabled. Points of order were taken to the effect that
the minister had provided an explanation, and therefore such a
motion was not in order. The President ruled that a statement by a
minister that an answer is being prepared is not regarded as an
explanation of failure to answer a question, and that therefore a
senator is entitled to move any relevant motion after such a
statement by a minister. This ruling, based on several precedents,
was confirmed in a considered statement on 28 May. Senator
O’Brien’s motion was successful, and an order was
passed for the answers to be tabled.
This did not, however, result in Senator O’Brien obtaining
substantive answers to the questions: when the answers were tabled
on the following day, they consisted of repetitions of a statement
by the Minister for Communications, the Information Economy and the
Arts, Senator Alston, that the government was not going to table
the waterfront documents because of proceedings in the Federal
Court (see below, under Orders for production of documents).
Orders for production of documents
In response to the Senate’s order of 13 May for documents
relating to the waterfront dispute, the government made a statement
on 25 May indicating that the deadline for production of the
documents would not be met and that the matter was under
consideration. On 28 May a ministerial statement was made refusing
the documents on the basis that proceedings are under way in the
Federal Court. This statement was subsequently discussed in
estimates hearings, and an advice by the Clerk on the
minister’s statement was incorporated in the Hansard of the
Economics Legislation Committee on 2 June 1998. The advice suggests
that the statement’s invocation of the sub judice convention
is not well based and that the statement does not make clear why
the proceedings in the Federal Court should prevent the production
of the documents to the Senate.
Other orders for production of documents during the period fared
much better.
An order for documents relating to the Jabiluka uranium mine on
26 May was answered by the production of documents later on the
same day. Also on 26 May two orders relating to Telstra and another
order relating to the gun laws were passed, and documents in
response to those orders were produced on the following day.
Another order was passed on 28 May relating to film and video
classification.
Legislation
A further example occurred on 27 May of amendment of the
recommendation of the Selection of Bills Committee. The committee
was unable to agree on a reporting date in relation to the
Electoral and Referendum Amendment Bill (No. 2) 1998, and the date
had to be settled by amendment and debate in the Senate.
The Social Security Legislation Amendment (Youth Allowance
Consequential and Related Measures) Bill 1998 was further amended
and finally passed on 25 May. The government accepted all of the
amendments in the House of Representatives.
The government was forced to abandon part of the Taxation Laws
Amendment Bill (No. 3) 1998 when it became clear that debate on
that part of the bill was going to prolong the proceedings. The
government therefore allowed the relevant schedule of the bill,
relating to choice of superannuation fund, to be negatived and
proceeded with the other parts of the bill.
Another difficult social security bill, the Social Security and
Veterans’ Affairs Legislation Amendment (Budget and Other
Measures) Bill 1997 was started on the last day of the sitting
period and was significantly amended but was not completed.
The Senate then turned its attention on the last day to the
Prudential Regulation Authority package of bills, some of which
were substantially amended, and the package was then completed.
At lunch time on Thursdays the Senate deals with
non-controversial bills, which are usually passed fairly speedily.
It cannot be assumed, however, that such bills are not amended: if
there is agreement on amendments, bills subject to amendment may
also be dealt with at that time. An example occurred on 28 May,
when a Democrat amendment to the Fisheries Legislation Amendment
Bill (No. 1) 1998 was agreed to, the amendment having been adjusted
at the suggestion of the minister.
Privilege
The Privileges Committee presented on 26 May its 71st Report,
which dealt with another allegation that the Criminal Justice
Commission of Queensland had presented misleading evidence to a
Senate committee. The Privileges Committee dismissed this
allegation, again found that it was part of disputes in Queensland
involving the role of the Commission, and again suggested that such
disputes should be resolved in state bodies. The committee’s
finding was adopted on 28 May.
Committees
The following committee reports were presented during the
period:
Date tabled |
Committee |
Title |
25.5 |
Appropriations and Staffing |
29th Report: Senate Department
Estimates |
" |
Rural and Regional Affairs and
Transport Legislation |
Additional
Information—Additional Estimates 1997-98 |
" |
Environment, Recreation,
Communications and the Arts Legislation |
Additional
Information—Additional Estimates 1997-98 |
26.5 |
Privileges |
71st Report—Further possible
false or misleading evidence before Select Committee on Unresolved
Whistleblower Cases |
26.5 |
Legal and Constitutional
Legislation |
Additional
Information—Additional Estimates 1997-98 |
" |
Superannuation |
30th Report—Workplace Relations
Amendment (Superannuation) Bill 1997 |
27.5 |
Scrutiny of Bills |
6th Report and Alert Digest No. 7 of
1998 |
28.5 |
Community Affairs Legislation |
Report—Social Security and
Veterans’ Affairs Legislation Amendment (Retirement
Assistance for Farmers) Bill 1998 |
" |
Community Affairs Legislation |
Report—Social Security and
Veterans’ Affairs Legislation Amendment (Pension Bonus
Scheme) Bill 1998 |
" |
Environment, Recreation,
Communications and the Arts Legislation |
Report—Telstra (Transition to
Full Private Ownership) Bill 1998 |
" |
Environment, Recreation,
Communications and the Arts Legislation |
Report—Telstra (Transition to
Full Private Ownership) Bill 1998—Corrigendum |
" |
Community Affairs References |
Report—Public Dental
Services |
" |
Employment, Education and Training
Legislation |
Additional
Information—Additional Estimates 1997-98 |
29.5 |
Community Affairs Legislation |
Report—Health Legislation
Amendment (Health Care Agreements) Bill 1998 |
Inquiries: Clerk's Office
(02) 6277 3364