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House of Assembly - Fifty-Third Parliament, First Session (53-1)
2014-11-19 Daily Xml
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Supplementary Questions

The SPEAKER (14:01): Under the heading, 'I was wrong'—

Members interjecting:

The SPEAKER: Yes, it concerns the member for Goyder not the member for MacKillop, as he may think. Yesterday, in response to the member for Goyder directing a supplementary question to the Minister for Local Government, not being the minister who had just answered a question, I considered the matter of whether it was in order to direct a supplementary question to a minister other than the minister who had just provided the previous answer. After considering the matter, I reported to the house quoting from Erskine May, 24th edition, page 366 as follows:

A supplementary question may refer only to the answer out of which it immediately arises, must relate to government responsibility, must not be read or be too long or quote from letters, should contain only one question, must not refer to an earlier answer or be addressed to another minister.

It has been brought to my attention that, on 16 October last year, in response to a point of order concerning of whom a supplementary question can be asked, as Speaker I responded by stating that:

My view is that, just as any minister can answer a question, an opposition member can direct a question to any minister as a supplementary—

Mr Griffiths: That is why I stood up, sir. That is why I stood up; I remember that.

Mr Marshall: We hang on to every word, sir.

The SPEAKER: I find that very hard to believe. I stated that:

My view is that just as any minister can answer a question, an opposition member can direct a question to any minister as a supplementary, but it may be that that minister doesn't answer it and that it is answered by another minister.

Clearly there is inconsistency between the two responses. Members would be aware, as provided by standing order No. 1, that:

In all cases that are not provided for in the standing orders or by sessional or other orders, or by the practice of the House, the rules and forms and practices of the Commons House at Westminster are followed as far as they can be applied to the proceedings of this House.

As the standing orders do not provide for supplementary questions, the rules surrounding their operation have emerged over time through common usage and accepted practice.

Based on my advice to the house yesterday, unless I am apprised of any contrary practice that has occurred in the house previously, I would defer to Erskine May as establishing a practice to guide the house in the operation of supplementary questions. Like all rules, practices and procedures of the house, I am guided by the house and the opposition may wish to, in the next session, bring in a sessional order, or amend standing orders. In short, I was wrong.

Mr GARDNER: Can I ask a question of you at this point, sir? Is that in order?

The SPEAKER: Yes.

Mr GARDNER: Sir, my understanding was that your ruling last year was reflecting the current practices and procedures of the house built up over, well at least last year!

The SPEAKER: Nice try.

Mr GARDNER: Given that, wouldn't it therefore be a practice and procedure of the house for last year's ruling to still remain?

Members interjecting:

The SPEAKER: The Minister for Education and the Treasurer are both warned, not for saying I am wrong, but for interjecting.

An honourable member interjecting:

The SPEAKER: I just think that the house should take control of it in the next session by amending the standing order. I am amenable to having my ruling of last year included in the standing orders.

Mr GARDNER: And have your ruling of yesterday overruled.

The SPEAKER: Overruled, indeed.

Mr GRIFFITHS: Sir, if I may, I appreciate the clarification but I can assure you, indeed, that the reason I stood up and asked for a supplementary was because I remembered what occurred last year.

The SPEAKER: You'll get on.

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