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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2021-10-27 Daily Xml
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Parliamentary Procedure

Sittings and Business

Mr BROWN (Playford) (11:22): I move:

That Private Members Business, Bills, Orders of the Day, have precedence over Private Members Business, Other Motions, until the completion of consideration of Order of the Day No. 3.

The SPEAKER: Until the completion of Order of the Day No. 3?

Mr BROWN: Yes.

Ayes 22

Noes 22

Majority 0

AYES
Bedford, F.E. Bell, T.S. Bettison, Z.L.
Bignell, L.W.K. Boyer, B.I. Brock, G.G.
Brown, M.E. (teller) Close, S.E. Cook, N.F.
Duluk, S. Hildyard, K.A. Hughes, E.J.
Koutsantonis, A. Malinauskas, P. Michaels, A.
Mullighan, S.C. Odenwalder, L.K. Piccolo, A.
Picton, C.J. Stinson, J.M. Szakacs, J.K.
Wortley, D.
NOES
Basham, D.K.B. Chapman, V.A. Cowdrey, M.J.
Ellis, F.J. Gardner, J.A.W. Harvey, R.M. (teller)
Knoll, S.K. Luethen, P. Marshall, S.S.
McBride, N. Murray, S. Patterson, S.J.R.
Pederick, A.S. Pisoni, D.G. Power, C.
Sanderson, R. Speirs, D.J. Teague, J.B.
Treloar, P.A. van Holst Pellekaan, D.C. Whetstone, T.J.
Wingard, C.L.
PAIRS
Gee, J.P. Tarzia, V.A.

The SPEAKER: There being 22 ayes and 22 noes, the votes being equal, I give my casting vote to the ayes.

Motion thus carried.

The Hon. D.C. VAN HOLST PELLEKAAN: I am seeking some clarification. It is my understanding that when a vote of the house is tied on a procedural motion and the proposal is to proceed against normal practice, when that vote is tied the Speaker will—

Members interjecting:

The SPEAKER: I will hear out the point of order. If there is a point of order to the point of order, then I will hear the point of order to the point of order.

Members interjecting:

The SPEAKER: Order! We will hear the point of order.

The Hon. D.C. VAN HOLST PELLEKAAN: I did not say it was a point of order: I said I was seeking clarification.

The SPEAKER: Leader of Government Business, there does appear to be a point of order to my left, which would take precedence over your seeking of clarification.

Mr BROWN: Sir, the point of order I raise is that I do not think this is a legitimate use of the house's time at all. Also, I draw your attention to the standing orders which allow the house to make its own orders to decide whether precedence is given to private members' motions or bills.

The SPEAKER: I am also concerned that the contribution that may be about to be made is also a reflection on the vote of the house, which of course is quite clearly contrary to standing orders.

Members interjecting:

The SPEAKER: Order! The Leader of Government Business, as I understand the thrust of the submission, it does appear to be a point of clarification that is reflecting on a vote of the house.

The Hon. D.C. VAN HOLST PELLEKAAN: Sir, if I am able to finish, please: no, it is not actually. My point of clarification is that it is standard practice, as I understand it, that when there is a tied vote on a procedural matter the Speaker casts his or her vote—

The SPEAKER: I am sorry, Leader of Government Business, this does very clearly appear to be a reflection on the vote of the house.

The Hon. D.C. VAN HOLST PELLEKAAN: No, sir, it is actually about your vote, not the house's vote.

The SPEAKER: Yes, well, I am sorry to say that any vote in this place is a vote of the house. Any vote of the house is a vote of this place. I make my ruling and I will turn to additional business. Thank you, Leader of Government Business.

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