House debates

Tuesday, 9 October 2012

Motions

Speaker

3:39 pm

Photo of Daryl MelhamDaryl Melham (Banks, Australian Labor Party) Share this | Hansard source

I like the whingers and whiners: get up and put your point of view. The Leader of the Opposition verballed me, which is why I wanted to speak. He tried to misrepresent my position when, today, I announced that I was resigning as chair of caucus with this position. That is why I am speaking. I asked to speak, and I was never going to be stopped from speaking. If you want to get up and speak, get up and speak inside your four speeches. I am telling you about a situation that will govern this parliament in future. If we make the wrong decision, we will be bound by it and by the principle of it. I can understand rough and tough politics, but my plea to the Leader of the Opposition is that you are not at Sydney University now; you are the alternative Prime Minister. There are some places you do not go to, there are some places where you should show a bit of patience and allow people to flow.

I resent the fact that the member for Sturt attacks the Speaker for the 34 days he has not presided when, frankly, the Speaker offered to remove his position from criticism at the time. We have a situation where the judgement is reserved, so it is not a question of sub judice. I am not arguing sub judice per se. I am arguing a separation of powers. This is a civil matter where this parliament is entitled as a matter of course to have the judge's determination in front of it before it makes a decision in relation to the Speaker. Any bozo can see that, except the lynch mob, who have a political purpose. I am not trying to say that in a derogatory sort of way. I can understand people wanting to get swept up in it, but that is how it is. Call it as it is.

I am saying this as the person who nominated Mr Slipper, the member for Fisher, for this office. I do not say that the parliament does not have a right to remove him. That is not my argument. I am saying to you: before you proceed down that path, let the cards fall where they are going to fall in a Federal court. It may well be that the Federal Court gives you the ammunition for him to go voluntarily without being voted out by the House. I believe that that option adds further dignity to the House.

This motion is not dignified. To pull on a motion without notice where the Speaker's support is one vote down because he is not in the chair is not a true representation of this parliament. Be very careful, be very cautious, because I for one did not like what the parliament did back in 1955 when it sent people to jail for three months. But what it did have which we do not have was a conscience vote—not a vote on party lines to remove a Speaker. I am not arguing for a conscience vote, but I am re-emphasising the point I made to you earlier that we are involved in a party political debate which has ramifications for how this parliament is seen by those outside and by parliaments around the world. I say to the Independents: you will have an opportunity in the near future, I assume, to exercise your judgement if you have doubts, but today is not the day. I say that in all sincerity, because the position is that we have to get this right. We cannot act hastily and get it wrong. What happens if we make the decision to remove the Speaker today and the Federal Court judge finds—

Opposition members interjecting

I will tell you something about text messages. I will show mine to the world. I do not think 226 MPs would and survive. This was not a public communication; this was a private communication that came out as a result of subpoenas. The difficulty here is that we each need to be very careful. I know we can engage in the theatre of a debate, but this actually has quite serious ramifications. I believe I have raised some fundamental issues which show that in proceeding to a vote today is flawed. Do not be too smart by half. These principles are bigger than Slipper; they are bigger than anyone in this chamber. We have a duty to maintain the dignity of this chamber. I do not believe the dignity of this chamber would be maintained if we removed the Speaker without him having an opportunity to present a case to us without a full complement of the House, without the wisdom of the Federal Court's judgement in relation to the matter that is currently before him. I say: do not persist with this at this point of time. Leave it on the table and allow it to stand there. We revisit it when his honour delivers his judgement in the Federal Court case.

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