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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2007-11-22 Daily Xml
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JUDICIAL SENTENCING

The Hon. R.D. LAWSON (15:06): I have a supplementary question. Given the standing order referred to by the President, and the fact that the government was expecting this question, why did the minister not, on behalf of the government, defend the South Australian judiciary?

The Hon. P. HOLLOWAY (Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning) (15:07): Why did the honourable member not raise a point of order for his judicial colleague?

The Hon. R.D. Lawson interjecting:

The Hon. P. HOLLOWAY: I did not know that question was coming at all, and I reject that suggestion.

The Hon. R.D. Lawson: You appointed the judge and now you want to undermine her.

The PRESIDENT: Order!

The Hon. P. HOLLOWAY: On a point of order, Mr President, I ask that the Hon. Robert Lawson withdraw that false allegation.

Members interjecting:

The PRESIDENT: Order! The Hon. Mr Lawson will withdraw his last remark.

The Hon. R.D. LAWSON: On what grounds, Mr President?

The PRESIDENT: On the grounds of accusing the minister of knowing the question was coming and saying he was reflecting upon a government appointee in court.

The Hon. P. HOLLOWAY: He said that I was seeking to undermine the judge.

The PRESIDENT: The Hon. Mr Lawson should withdraw his last remark.

The Hon. R.D. LAWSON: The substance of the remark was that the government failed to defend a member of the judiciary. There is nothing unparliamentary about that.

The PRESIDENT: I quite clearly heard you indicate that the minister was undermining a government-appointed judge.

The Hon. R.D. LAWSON: Failing to defend the judiciary; that was the substance.

The PRESIDENT: I think you should withdraw that, because the minister was not doing that. The minister also made it quite clear that he did not know what the question was about.

Members interjecting:

The PRESIDENT: The minister is not a mind reader; he did not know what the Hon. Mr Hood—

Members interjecting:

The PRESIDENT: Order! He was quite within his rights to answer the question, which he has done. It is probably—

Members interjecting:

The PRESIDENT: Order! I should probably have ruled the question out of order myself when the Hon. Mr Hood completed his question; that would have been the correct way. That is why—

Members interjecting:

The PRESIDENT: Order! We do not want to waste all of question time talking about this. That is why I reminded honourable members to be careful, and then the Hon. Mr Lawson went ahead with his supplementary. Has the minister completed the answer?

The Hon. P. HOLLOWAY: Was there a question?

The PRESIDENT: No.

Members interjecting:

The PRESIDENT: The Hon. Mr Lawson asked a supplementary, I understand, or put it as a supplementary—

The Hon. R.D. Lawson: I did put a supplementary, which the minister failed to answer.

The Hon. P. HOLLOWAY: What the Hon. Robert Lawson did was to make an accusation, a very false accusation that somehow or other I was undermining the judge. What I said in my answer was that the government would examine this particular case, as we always do. It is then up to the Attorney to examine the case. I was aware that the Attorney-General had commented on this case. I was aware of this particular case but I had no idea about what question the Hon. Dennis Hood would ask in relation to this matter. The standing orders apply in this council. It is not my role to uphold them any more than it is any other member in this chamber.

Members interjecting:

The Hon. P. HOLLOWAY: The Hon. Robert Lawson did not ask—

The Hon. R.I. LUCAS: I rise on a point of order, Mr President. Just to defend your position, Mr President, I invite—

The PRESIDENT: I am quite capable of doing that myself.

The Hon. R.I. LUCAS: —you to ask the Leader of the Government to withdraw the reflection on your performance as President in relation to the handling of the standing orders.

Members interjecting:

The PRESIDENT: Order!

The Hon. R.I. LUCAS: It is an outrageous reflection on your position by the Leader of the Government.

Members interjecting:

The PRESIDENT: Order! The minister was not reflecting on the President, and it has already been stated that perhaps the question should not have been allowed under standing order 193. However, we have progressed to this stage. Has the minister finished his response to the supplementary?

The Hon. P. HOLLOWAY: Yes.

Members interjecting:

The PRESIDENT: Order!

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