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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-05-05 Daily Xml
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Question Time

PRESIDENT'S CASTING VOTE

The Hon. D.W. RIDGWAY (Leader of the Opposition) (14:22): My question is to you, Mr President, and I seek leave to make a brief explanation.

Leave granted.

The Hon. D.W. RIDGWAY: In the event of a tied vote on the floor of the Legislative Council, the Presiding Officer has the casting vote: in this case, Mr President, that would be you. It has been a long-standing convention in this and other parliaments in the Westminster system that, in the event of a tied vote, the President will vote to maintain the status quo; that is, the President will vote against any new legislation. Because of circumstances entirely beyond your control, the leader of the government in this place has resigned from the ministry and has not taken his place in the chamber this week, and there is no way of knowing whether he will be in parliament again in the next week we sit.

While the government and the lone minister and acting leader this morning on radio indicated that the government is frantically searching for a second minister, and as yet has been unable to find one—notwithstanding the fine gentlemen and lady left in the team—the government does not seem to be having much luck at finding a replacement minister. Of course, these changes in this parliament, in the Legislative Council, mean that we now only have 20 votes on the floor and that any government legislation, for example, supported by Family First and the No Pokies Independents but opposed by the Liberal Party, the Greens and Dignity for Disability that goes to a vote will of course result in a tie.

That means that the President will get a casting vote, which puts the President—that, sir, being yourself—in a potentially invidious situation of either supporting the traditions of the parliament, which go back hundreds of years in the Westminster system, or ignoring the convention and supporting new government legislation. Given these very unusual circumstances, will you, Mr President, uphold this important, centuries-old convention?

Members interjecting:

The PRESIDENT (14:25): Order! There is no constitutional—

Members interjecting:

The PRESIDENT: Order!

Members interjecting:

The PRESIDENT: Order! There is no constitutional provision nor standing order which requires me to follow a course of action in the use of the casting vote to maintain the status quo. There have been other instances, I understand, where the casting vote has been used to pass legislation. I accordingly will consider each piece of legislation on its merits. The Hon. Ms Lensink.

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