Harry Jenkins (Speaker) Share this | Link to this | Hansard source

I move:

That the member be no longer heard.

The question is that the member be no longer heard. All those of that opinion say aye, the contrary no. I think the ayes have it. Division required. In accordance with standing order 133, the division is deferred until the commencement of the next sitting.

Mr Speaker, I rise on a point of order. Because there has been no completed division, the issue is not resolved and therefore the member has a right to continue speaking. The issue is simply not resolved. You cannot move on to the next item until this matter is resolved. The member has a right to exercise his entire speaking time because the House has not voted that his time has completed.

The Leader of the National Party will resume his seat. This is what the motion before the chair is about. That is the reason the dissent motion is being moved.

Mr Truss interjecting

I have told the Leader of the National Party that, if he wants to remain to witness proceedings, he should not be interjecting. Is the motion seconded?

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

I move:

That the member be no longer heard.

The question is that the member be no longer heard. The ayes will pass to the right of the chair; the noes to the left. Sorry—

Opposition members interjecting—

Members will resume their seats, as is required by the standing orders! The member for Flinders will resume his seat!

You guys are talking privately. You don’t want to be here.

You’re on that side of the House!

The member for Lyons is not assisting. The question is that the member be no longer heard. All those of that opinion say aye, the contrary no. The ayes have it. Division required. In accordance with standing order 133, the division is deferred until the commencement of the next sitting. The question now is that the motion moved by the member for North Sydney be agreed to. All those of that opinion say aye. The contrary no. I think the noes have it. Division required. In accordance with standing order 133, the division is deferred until the commencement of the next sitting.

Mr Speaker, further to the motion I moved earlier, this is an absolute disgrace that this is before the parliament.

Order! The member for Moncrieff will resume his seat. The Clerk.

Private members’ business notice No. 1: organ donation.

The member for Moncrieff, on a point of order.

Mr Speaker, on a point of order: I have a right, as a member of this parliament, to continue moving the motion. I have moved the motion and this was not successfully gagged and I was not—

The member for Moncrieff will resume his seat.

Mr Ciobo interjecting

The member for Moncrieff will resume his seat.

There was no gag—

The member for Moncrieff will resume his seat.

I have a right, as a member of this parliament, to continue speaking to this motion. I have the right to speak to this motion under standing order 47—

The member for Moncrieff will resume his seat!

I will not resume my seat, because I—

The member for Moncrieff will leave the chamber under standing order 94(a) for one hour.

I have the right to continue speaking and I will not leave the chamber—

The member will leave the chamber for one hour under standing order 94(a).

Mr Ciobo interjecting

Because of the gross disorderly conduct of the member, I ask the Serjeant-at-Arms to remove the member.

The Serjeant-at-Arms then escorted the member for Moncrieff from the chamber.

Honourable members interjecting—

Mr Speaker, it has always been the case, in accordance with the standing orders, that, if the member was going to be removed from the chamber, the member had to be named.

The member for North Sydney will resume his seat. The Clerk.

Private members’ business—

Mr Adams interjecting

The member for Lyons!

On a point of order, Mr Speaker: under the standing orders the member for North Sydney was raising a point of order. You are obliged under the standing orders to hear him out. It was quite improper of you—

The member for Warringah will resume his seat.

Mr Abbott interjecting

The member for Warringah will resume his seat!

Mr Speaker, you are acting dishonourably.

The member for Warringah will remove himself from the chamber under standing order 94(a) for one hour.

The member for Warringah then left the chamber.

The Clerk.

Private members business notice No. 1: organ donation.

Mr Speaker, on a point of order: having regard to this occasion and what might happen, I asked the Clerk whether the Serjeant—

The member for McMillan should have his microphone on.

I asked the Clerk prior to this day whether the Serjeant would remove anybody who was disorderly, and I was told—

The member for McMillan does not have the call.

You called him up!

I appreciate I did, and it was in error because he is not in his place. If I am being asked to act honourably, I will try to uphold the standing orders. I apologise to those operating the microphones. I call the member for McMillan.

I thought that this situation may come to what has happened today. I asked the Clerk whether the serjeants would remove anybody from this House, and the answer I got was, ‘Very unlikely; no, they would not.’ I think the member for Moncrieff has been thrown out improperly.

I ask the member for McMillan: is that a reflection on the chair?

I have never reflected on the chair. It was to—

The honourable member will resume his seat.

Mr Speaker, can you advise me under what standing order the Serjeant-at-Arms removed the member for Moncrieff?

On the authority of the Speaker and on precedent. Go back and read House of Representatives Practice.

Mr Hockey interjecting

The honourable member for North Sydney will resume his seat. The member for Fremantle has the call.