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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2010-11-23 Daily Xml
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Members

MEMBER FOR NORWOOD, NAMING

The SPEAKER: Order! I name the member for Norwood. Member for Norwood, do you wish to be heard in explanation?

Mr MARSHALL (Norwood) (15:13): Yes, Madam Speaker.

The SPEAKER: It had better be good.

Mr MARSHALL: I apologise to the house for that outburst, but I was just trying to bring up the—

Members interjecting:

The SPEAKER: Order!

Mr MARSHALL: —point where I thought that we were straying from the answer to the question that was asked.

The SPEAKER: You have had plenty of warnings, member for Norwood.

The Hon. P.F. CONLON (Elder—Minister for Transport, Minister for Infrastructure, Minister for Energy) (15:14): I move:

That the explanation not be accepted.

The SPEAKER: I put the motion. For the question say aye—

Mr WILLIAMS: Point of order, Madam Speaker.

The SPEAKER: All right, point of order and then we will move the motion.

Mr WILLIAMS: He has moved the motion, I am waiting for somebody to second it, and then I am going to respond to the mover.

The Hon. P.F. Conlon: No you're not, you are not allowed to debate it.

Mr WILLIAMS: Yes I am. You read your standing orders.

The SPEAKER: Member for MacKillop, there is no debate on a naming.

Mr WILLIAMS: Madam Speaker, my reading of the standing orders is that when—

The Hon. P.F. Conlon: It doesn't matter what your reading is; it's hers.

The SPEAKER: There is no debate on a naming, member for MacKillop. You can get up afterwards in a grievance if you wish to. The motion was that the member's explanation not be accepted. Is that seconded?

The Hon. M.J. Atkinson: Yes, ma'am.

Mr WILLIAMS: I seek a point of clarification, Madam Speaker. My reading of the standing orders is that, when the motion to not (or the motion to) accept the explanation of the member, one member from each side has the opportunity to debate that motion. On that motion being carried or defeated, but particularly if it is carried, then a motion is moved (or can be moved) that the member be suspended from the services of the house and there is no room or no opportunity to debate that question, which is automatically put.

The SPEAKER: No, member for MacKillop, there can be no debate on this. However, I need to put the motion that the member's explanation not be accepted.

Mr HAMILTON-SMITH: Point of order, Madam Speaker. The motion put by the member for Elder was that the member for Norwood's explanation not be accepted.

The SPEAKER: Yes.

Mr HAMILTON-SMITH: That matter is before the house now.

The SPEAKER: Yes, that's right.

Mr HAMILTON-SMITH: That matter is before the house now. The deputy leader has signalled that the opposition will be opposing that motion. Surely the house can debate that motion put by the member for Elder. It is not a motion for suspension of the member; it is a motion that the member for Norwood's explanation be accepted or not. Surely the house has a right to debate that proposition.

The SPEAKER: My advice and my understanding is that there can be no debate on the motion that the member's explanation not be accepted; therefore, I put the motion.

Mr VENNING: Madam Speaker, on a question of clarification, isn't it normal to have the member warned at least twice before naming him?

The SPEAKER: We have been through this. There is no standing order saying that the member has to be warned; it is a convention of the house. I explained on the last day of sitting that you may not get warnings in future. However, I have a number of times today in question time told off the member for Norwood. I have told him to be quiet numerous times—far more than the three warnings that are given normally; therefore, he has had ample warning. He has had ample warning in other question times. I think he knows that he has done wrong. The motion is that his explanation not be accepted; that has been seconded. I will put the question. The ayes have it.

Mr WILLIAMS: Divide!

The SPEAKER: The member will now withdraw from the chamber.

The honourable member for Norwood having withdrawn from the chamber:

Mr WILLIAMS: Madam Speaker, have you declared the vote?

The SPEAKER: Yes.

Mr WILLIAMS: We will divide.

The SPEAKER: You understand that what we have voted on is that the member's explanation not be accepted. We have not yet voted on the motion that he be suspended from the house. Division required; ring the bells.

The house divided on the motion:

AYES (25)
Atkinson, M.J. Bedford, F.E. Bignell, L.W.
Caica, P. Conlon, P.F. (teller) Foley, K.O.
Fox, C.C. Geraghty, R.K. Hill, J.D.
Kenyon, T.R. Key, S.W. Koutsantonis, A.
O'Brien, M.F. Odenwalder, L.K. Piccolo, T.
Portolesi, G. Rankine, J.M. Rann, M.D.
Rau, J.R. Sibbons, A.L. Snelling, J.J.
Thompson, M.G. Vlahos, L.A. Weatherill, J.W.
Wright, M.J.
NOES (18)
Brock, G.G. Chapman, V.A. Evans, I.F.
Gardner, J.A.W. Goldsworthy, M.R. Griffiths, S.P.
Hamilton-Smith, M.L.J. McFetridge, D. Pegler, D.W.
Pengilly, M. Pisoni, D.G. Redmond, I.M.
Sanderson, R. Treloar, P.A. van Holst Pellekaan, D.C.
Venning, I.H. Whetstone, T.J. Williams, M.R. (teller)

The SPEAKER: I would point out that as the motion related to whether the member's explanation be accepted, the member for Norwood could or should have returned to the chamber. However, it does not make any difference to the vote.

Majority of 7 for the ayes.

Motion thus carried.

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