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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2017-10-17 Daily Xml
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Mr MARSHALL (Dunstan—Leader of the Opposition) (14:32): My question is to the Premier.

The SPEAKER: The leader will be seated. He approached me earlier, asking me to provide him with an answer in writing as to why I ruled his approach to his last question out of order. The relevant standing order is question 97, 'Such questions not to involve argument':

In putting any such question, a Member may not offer argument or opinion, nor may a Member offer any facts except by leave of the House and only so far as is necessary to explain the question.

The 'Practice of the House of Assembly', Blackmore's says:

The object of this is to prevent the use of such language or statements by means of a question which might lead to debate. Argument, opinion, inference, imputation, irony, hypothetical cases, reference to past debates of the same session are equally irregular.

Mr MARSHALL: Can the Speaker provide the evidence of where I was using debate or argument in the question?

The SPEAKER: Well, I will be able to do that when I watch the replay.

Mr MARSHALL: That's what I was asking you to do, sir.

An honourable member: Go to the replay!

The SPEAKER: Yes, exactly.

Mr MARSHALL: So you can't recall what I said, but you've given a ruling?

The SPEAKER: What I recall is that it was out of order and—

Mr MARSHALL: How is it out of order, sir? You ruled it out of order. What was the basis for your ruling it out of order?

The SPEAKER: I do not have a photographic memory, but—

Mr MARSHALL: But you've ruled it out of order, sir. What part was argument?

The SPEAKER: I ruled it out of order because it violated standing order 97.

Mr MARSHALL: Because it specifically used argument; is that your argument, sir?

The SPEAKER: I have stated the—

The Hon. J.M. Rankine interjecting:

The SPEAKER: The member for Wright is called to order. Point of order, member for Newland.

The Hon. T.R. KENYON: Generally, if a member wants to take issue with the ruling of the Chair, they need to do it through a motion.

The SPEAKER: Well, I would ask if Hansard could provide me with the words that the leader used to introduce his last question. I am not in a position to stop the proceedings of the house to go and look at the action replay.

Mr MARSHALL: I wasn't asking you to do that, sir; I was asking afterwards. But you have come forward and you have said that I used argument in my question. I would be quite keen to clarify that.

The Hon. J.M. Rankine interjecting:

The SPEAKER: The member for Wright is warned. I am confident in my ruling.

Mr MARSHALL: Excellent, sir.

The SPEAKER: Leader.

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