Legislative Council Sovereignty

The Hon. R.I. LUCAS (14:27): I seek leave to make an explanation prior to directing a question to you, Mr President, on the subject of the sovereignty of the Legislative Council.

Leave granted.

The Hon. R.I. LUCAS: I am sure you and other members will be aware that over the years a number of members of another place, including, sadly to say, the current presiding member, the Speaker, have been contemptuous of this place as an institution and, indeed, of a number of individual members of the Legislative Council on a number of occasions. This morning during debate in the House of Assembly, the Speaker said, and I quote:

The Hon. Michelle Lensink and the Hon. Mark Parnell from another place have reserved places in the galleries today. If the people they have placed in the galleries disrupt the business of the house again, I will hold either or both of them in contempt of parliament, and if I hear another noise from the galleries I will clear them.

Mr President, I am sure you would acknowledge, and I indeed acknowledge, that any presiding member, including the Speaker, has the authority to ensure proper behaviour in the galleries of their particular chamber, and clearly that entails the capacity if he or she so chooses to clear the galleries on certain occasions. Mr President, I am sure you are aware that that has occurred both in that house and in this house on certain occasions—not often, but on certain occasions.

That is not the issue that I raise with you. The issue is the purported power of a Speaker in another place to hold a member of this place, a member of the Legislative Council, in contempt of parliament. Suffice to say that I have expressed a public view, and I place it again: I reject completely the claim and the threat from the Speaker, and I deem it certainly to be grossly inappropriate in terms of the nature of the threat that he made. My questions to you, Mr President, are:

1. Could you outline to this chamber your views on the claim made by the Speaker in another place today?

2. Will you as the President defend the sovereignty and integrity of this chamber, the Legislative Council, and advise the Speaker that he has no authority to hold a member of this chamber, a member of the Legislative Council, in contempt of parliament, as he threatened to do earlier today?

The PRESIDENT (14:30): It is a fundamental principle that one house of parliament has no authority over members of the other house. Each house is a sovereign entity and only a member's own house can determine whether a contempt has been committed by one of its members. However, the presiding officers have the responsibility for repressing disorder in their respective houses by calling members of their house to order. If grave disorder persists, presiding officers have the power to suspend or adjourn the sitting, or have the power to order the withdrawal of strangers in the gallery. In regard to your second question, I will have a discussion with the honourable Speaker of the other house. I will have a discussion with him in regard to what I have just read to the chamber.