Parliamentary Procedure

Questions

The SPEAKER (15:12): During question time, I ruled out some questions on the ground that they were questions seeking opinions or legal opinion. I want to quote House of Representatives Practice on that so we are clear. At page 559, House of Representatives Practice says:

Questions may not ask Ministers for an expression of opinion, including a legal opinion, for comment, or for justification of statements made by them.

Legal opinions, such as the interpretation of a statute, or of an international document, or of a Minister's own powers, should not be sought in questions. Ministers may be asked, however, by what statutory authority they have acted in a particular instance, and the Prime Minister may be asked to define a Minister's responsibilities. Speaker Morrison of the UK House of Commons explained the basis for not permitting questions seeking an expression of opinion on a question of law [thus]:

'A Question asking a Minister to interpret the domestic law offends against the rule of Ministerial responsibility, since such interpretation is not the responsibility of a Minister…But it also offends against the rule that a Question may not ask for a Minister's opinion. The interpretation of written words is a matter of opinion.'