15. PROVIDING INFORMATION TO THE HOUSE
Ministerial statements
By leave of the House, Ministers may make statements concerning government policy or other matters for which they bear a responsibility.
Although the routine of business provides a specific time for ministerial statements, prior to the matter of public importance (S.O. 101), ministerial statements may also be made at other times.
It is accepted practice for a copy of a proposed ministerial statement to be supplied to the Leader of the Opposition or the relevant shadow minister prior to the statement being delivered, in good time for an opposition response to be considered.
Having delivered the statement the Minister generally tables a copy and a motion is moved That the House take note of the paper. This provides the opposition spokesperson the opportunity to respond to the statement by speaking to the motion and enables the House to debate the subject matter. Often standing orders are suspended to give the opposition spokesperson the same speaking time as the Minister. The debate on the motion may be adjourned and resumed at some later time.
If a motion to take note is not moved, the opportunity for the opposition response to a ministerial statement may be provided by the opposition spokesperson being given leave to speak on the same subject. A motion to take note may be moved subsequently.
Papers
Many documents are presented to the House, or tabled, for the information of Members of Parliament and the public. These documents include reports, returns and statements of all kinds from government departments and authorities, parliamentary committee reports, reports of royal commissions and other government inquiries and a wide variety of other papers.
Presentation to House
Papers and documents may be presented at government initiative, or in many cases their presentation may be required by statute, standing order (S.Os 316319, 321), or order of the House.
Papers may be presented by the Speaker (S.Os 316 and 319), by Ministers and, in restricted circumstances, by private Members. There are special provisions for the presentation of petitions and committee and delegation reports. Various documents are tabled by the Clerk.
The more important government papers are usually tabled during the period set aside in the routine of business following question time on Tuesdays, Wednesdays and Thursdays. However, a Minister may present a paper at any time when other business is not before the House (S.O. 102).
Papers presented at the time provided in the routine of business are generally presented together according to a previously circulated list. A schedule of papers to be presented is made available to the Manager of Opposition Business by 12 noon on the day of presentation, and circulated to Members in the Chamber. Following question time, a Minister presents the papers together as listed. A paper may be presented individually—for example, if a statement is to be made in relation to it—and must be presented individually if it does not appear on the schedule or if a schedule has not been circulated.
Deemed papers
As well as being presented by Ministers, government papers may be delivered to the Clerk (in practice the Table Office) and are deemed to be presented on the day on which they are recorded in the Votes and Proceedings (S.O. 319).
Papers received on a sitting day before 5 p.m. are recorded in the Votes and Proceedings of the day of receipt. In other circumstances they are recorded in the Votes and Proceedings of the next sitting day.
Presentation by leave
Other than providing for the tabling of committee and delegation reports, the standing orders make no provision for private Members to table papers and documents. Any private Member (unless presenting a parliamentary committee report, or a delegation report during the time allotted on Mondays) wishing to table a paper must obtain leave of the House to do so.
The requirement for leave also applies to Ministers when other business is before the House (S.O. 102)—that is, when there is a question before the House for debate. Other business does not include question time, a personal explanation or the making of a ministerial statement. Leave is not required to present an explanatory memorandum to a bill.
It is expected that a Member or Minister seeking leave to table a document will first show it to the Minister at the Table or to the Member leading for the Opposition, as the case may be, and leave may be refused if this courtesy is not observed.
Standing order 321
A public document quoted from by a Minister shall, if required by a Member, be tabled, unless it is a confidential document (S.O. 321). When such a request is made the Speaker inquires of the Minister whether the Minister read from the document and if the reply is in the affirmative then the Speaker inquires whether the document is confidential. If the document is not confidential, the Minister is required to table it. The standing order does not apply to personal letters, private documents, or to notes quoted from by a Minister.
Motions on presentation
On a paper being presented in the House, a Minister may move immediately, without notice, That the paper be printed and/or That the House take note of the paper. Any Member, after giving notice, may move either or both of these motions on a subsequent day (S.O. 322).
The motion That the paper be printed is moved to enable the House to print the paper as a Parliamentary Paper—that is, printed separately for the Parliamentary Papers Series (see below).
The motion That the House take note of the paper enables a debate on the subject matter of the paper to take place.
Debate of papers presented
It is often the case that motions to take note of ministerial statements are debated immediately, shadow ministers having received advance copies of the statements. However, in the case of the majority of motions to take note of a tabled paper, debate is immediately adjourned (customarily on the motion of an opposition Member) and the adjourned debate made an order of the day for the next sitting. The timing of the resumption of debate (possibly in the Main Committee) is a matter for negotiation between the parties.
When papers are tabled together according to a previously circulated list, a single motion may be moved that the House take note of specified papers, with the resumption of debate on the motion to take note of each of the papers made a separate order of the day on the Notice Paper (S.O. 322).
Distribution and publication
Copies of all papers tabled are available to Members from the Table Office. Publications tabled in the Parliament are usually available for sale to the public through Government Infoshops.
All papers and documents presented to the House are considered to be public, and (since 1997) are automatically authorised for publication (S.O. 320).
Parliamentary Papers Series
The Parliamentary Papers Series provides a comprehensive collection of the papers of a substantial nature presented to the Parliament. The series is an annual, numerical series containing all documents ordered to be printed by either House.
Consideration by Publications Committee
Documents presented to the House which have not been ordered to be printed are referred to the Publications Committee, which reports back to the House recommending which of them should be printed as Parliamentary Papers. The committee has power to confer with a similar committee of the Senate, and in practice the two committees usually sit jointly to consider the papers which have been presented to both Houses (S.O. 328).
Custody of original documents
The custody of all documents laid before the House is the responsibility of the Clerk. Original documents may not be removed from the Chamber or offices without the permission of the Speaker. Departments may apply to the Speaker for the return of original documents not likely to be further required by Members (S.O. 39).
Privilege
The Parliamentary Papers Act provides protection against civil or criminal proceedings to any person who publishes any paper the publication of which has been authorised by either House of the Parliament. Since 1997 papers presented to the House have been automatically authorised for publication (S.O. 320). Previously, to be certain of the protection of privilege, motions to authorise publication were sometimes moved in respect of individual papers.
Questions seeking information
Rules applying to questions
The following rules apply, where relevant, to all questions, whether without notice or on notice. However, given the pace at which question time proceeds, they are often applied less rigorously to questions without notice.
The purpose of a question is to obtain information or to press for action. Questions may not be debated (S.O. 144)—that is, may not be used as vehicles for the discussion of issues. A question should not be in effect a short speech, or limited to giving information, or framed so as to suggest its own answer or convey a particular point of view. Questions of excessive length are not permitted. Questions seeking extensive or very detailed answers or which call for the quotation of figures should be placed on the Notice Paper. Questions should not contain statements of fact or names of persons unless they are strictly necessary to make the question intelligible and can be authenticated (S.O. 144). The facts on which a question is based may be stated briefly; however, the Member asking the question is responsible for their accuracy. Subject to this condition, a Member may direct attention to a statement (e.g. in a newspaper, news report, etc.) but may not ask whether the statement is true and may not quote extracts. Questions may not contain arguments, inferences, imputations, epithets, ironical expressions or hypothetical matter, and may not ask for an expression of opinion or for legal opinion. In addition, a question may not ask a Minister to announce the Governments policy, but may seek an explanation regarding the policy of the Government and its application and may ask the Prime Minister whether a Ministers statement in the House represents government policy (S.O. 144). Questions should not refer to debates in the current session (S.O. 144). The subject matter of a debate may be referred to but not the debate itself and statements made in it. Questions should not refer to committee proceedings not reported to the House (S.O. 144). Exception is not taken to questions merely coinciding in subject matter with a current committee inquiry. Questions should not anticipate the discussion of an order of the day or other matter before the House (S.O. 144). However, they may refer to and seek information about pending proceedings. A question fully answered cannot be renewed (S.O. 146). However, a question may refer to an earlier answer, for example to seek updated information. Questions should not be asked which reflect on or are critical of the character or conduct of those persons whose conduct may only be challenged on a substantive motion (see Offensive or disorderly words). Questions which are critical of the character or conduct of other persons should only be asked on notice (S.O. 153). It has been the practice that a question without notice which is substantially the same as a question already on the Notice Paper is not permissible. However, the Chair has allowed this in the case of both questions being from the same Member.
In addition to the rules specifically applying to questions, the general rules of debate apply, including the sub judice convention (see Sub judice convention).
Rules applying to answers
The detailed rules applying to questions do not apply to answers. A Minister cannot be required to answer a question and, within reasonable limits, is entitled to answer a question in such a way as he or she thinks fit. However, an answer should be relevant to the question (S.O. 145).
There are no time limits on answers to questions without notice. However, an answer should not develop into a statement. If it is necessary for a long answer to be given, the proper procedure is for the Minister to indicate that at the end of question time he or she will seek leave to make a statement.
Questions without notice
Time and duration of question time
In the normal routine of business a period for questions without notice, commonly referred to as question time, is scheduled to commence on every sitting day at 2 p.m., or on days when the House meets at 2 p.m., as the first item of business following prayers (S.O. 101).
Question time is ended by the Prime Minister asking that questions, or further questions, be placed on the Notice Paper. The duration of question time is at the discretion of the Prime Minister, who may terminate proceedings at any time, even prior to the first question being asked. In practice question time occurs on almost every sitting day for at least 45 minutes and in recent times it has usually continued for over an hour. When, rarely, question time has not proceeded, this has usually followed instances of substantial time being spent on a matter such as a want of confidence motion prior to questions without notice being called on.
Ministers presence at question time
Although there is no rule to this effect, all Ministers are expected by the Prime Minister to be present. If a Minister is otherwise engaged on urgent public business, sick, or overseas, the Prime Minister will explain this before questions are called on, and indicate which Minister will answer questions in place of the absentee.
Questioners
Although the standing orders place no restrictions on who may ask questions, the following is accepted practice. Any private Member may ask a question. Ministers and Parliamentary Secretaries do not ask questions, either of other Ministers, or where permitted, of private Members. However, Parliamentary Secretaries have on several occasions asked questions of the Speaker. It is not the practice for questions to be asked by the Speaker.
Questions to Ministers
Questions may be put to a Minister relating to public affairs with which he or she is officially connected, to proceedings pending in the House, or to any matter of administration for which the Minister is responsible (S.O. 142). The underlying principle is that Ministers should answer questions only on matters for which they are responsible to the House. Consequently, Speakers have ruled out of order questions to Ministers which concern, for example, private, party or State matters.
Questions relating to the responsibilities of a Minister who is a Senator are addressed to the Minister in the House representing the Senate Minister. With that exception and the further exception of questions to the Prime Minister, questions may not be put to one Minister about the ministerial responsibilities of another. The Prime Minister has of course overall responsibility for the Government, but it is not unusual for the Prime Minister to refer questions to the Minister directly responsible.
Questions to the Speaker
At the conclusion of the question period, questions without notice may be put to the Speaker relating to any matter of administration for which he or she is responsible (S.O. 152). Requests for detailed information should be lodged in writing in the same manner as a question on notice.
Questions to private Members
A question of a strictly limited nature may be addressed to a private Member. The question must relate to an item of business of which the Member has charge (S.O. 143), but should not anticipate debate on the matter—for example, a Member in charge of a private Members bill may be asked when the bill is to be introduced or when copies will be available; a committee Chair may be asked when a report will be tabled. Questions of this kind are rare.
Allocation of the call
Members wishing to ask a question stand in their places (or if unable to stand otherwise gain the Speakers attention). While the call is at the Chairs discretion, Speakers have traditionally observed the practice that the call goes first to an opposition Member (usually the Leader of the Opposition) and then alternates between government and non-government Members. Independent Members or minor parties receive the non-government call in proportion to their numbers. When the Opposition has the call priority is given to the party leaders, otherwise the call is allocated to each Member as evenly as possible.
Supplementary questions
Following a question and answer, the Speaker may, at his or her discretion, permit supplementary questions to be asked to elucidate an answer (S.O. 151). This standing order permits subsequent questions to refer back to or follow up an earlier answer. However, most Speakers have chosen not to exercise this discretion to allow immediate supplementaries by the original questioner.
Questions on notice
Questions may be asked on notice for a written reply. Questions on notice should be clearly written or typed, signed by the Member, and delivered to the Clerk or the Table Office within such time as will enable them to be printed on the Notice Paper (S.O. 148). Questions may be delivered by email but a signed copy must also be provided. The Speaker has determined that questions for the next days Notice Paper should, in normal circumstances, be lodged by 4 p.m.
There is no restriction on the number of questions on notice a Member may ask, either each day or in total.
Application of the rules
The rules governing the form and content of questions are applied more strictly to questions on notice because of the opportunity to examine them closely. The Speaker is responsible for ensuring that questions conform to the standing orders, but in practice this task is performed by authority of the Speaker by House officers. Questions are checked to ensure that they are addressed to the correct Ministers and that they do not infringe the standing orders. If necessary they are also edited to eliminate unnecessary wording and to put them into a standard interrogative style. Should it be necessary, the Clerks will consult the Member regarding the content of a question and, where required, matters may be referred to the Speaker for decision.
Answers to questions on notice
Officials in government departments check each days Notice Paper for questions and arrange for answers to be drafted for their Minister to consider. When the Minister approves an answer it is forwarded to the Table Office which sends a copy to the Member who asked the question and arranges for the question and answer to be printed in Hansard (S.O. 150). In addition copies are supplied to the press.
There is no time limit by which questions must be answered. Where a reply had not been received after 60 days, the Member concerned can rise in the House and ask the Speaker to write to the Minister involved, seeking reasons for the delay (S.O. 150).
Questions remain listed on the Notice Paper until answered (and reprinted in full on the first sitting day of each week), unless the Member asking the question becomes a Minister or ceases to be a Member. A question may also be withdrawn by the Member at any time. Any questions remaining on the Notice Paper lapse when the Parliament is prorogued or the House is dissolved.
Questions to the Speaker—Requests for detailed information
Requests for detailed information relating to the administration of the parliamentary departments are lodged with the Clerk or the Table Office in the same way as questions on notice addressed to Ministers. However, if they are in order, they are printed in the Hansard for that day rather than the Notice Paper. The Speaker, in due course, provides a written answer which is also printed in Hansard.
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