Sessional Orders

Mr JOHN AQUILINA (Riverstone—Leader of the House) [3.44 p.m.]: I move:

That this House agrees to a new sessional order on maximum Time Limits for Debates and Speeches and amendments to the sessional orders adopted on 6 December 2007 to apply from 6 May 2008 as follows:

85. The following maximum time limits shall apply for debates and speeches:

Address in Reply (SO 5)

Premier - unspecified
Leader of the Opposition - unspecified
Mover - 15 minutes†
Any other Member - 15 minutes†
Reply - 15 minutes†

Bills (SO 188-239)

Agreement in principle:

(i) Introduced by a Minister

Mover - unspecified
Leader of the Opposition or one Member deputed, next speaking - unspecified
Any other Member - 15 minutes†
Reply - unspecified

(ii) Appropriation Bill

Mover - unspecified
Party Leaders - unspecified
Any other Member - 15 minutes†
Reply - unspecified

(iii) Introduced by a Private Member

Mover - unspecified
Premier or one Minister deputed - unspecified
Leader of the Opposition or one Member deputed - unspecified
Any other Member - 15 minutes†
Reply - unspecified

Consideration in detail of bill or other matter (SO 240-242)

Minister - unspecified number of periods
limited to 20 minutes each

Leader of the Opposition or one Member deputed - unspecified number of periods
limited to 20 minutes each

Any other Member:

Three periods each on any one question not exceeding –

(a) first occasion - 15 minutes
(b) subsequent occasions - 10 minutes then 5 minutes

Bill be now passed (SO 218)

All Members - 20 minutes*

Committees, reports from–take note debate (SO 306)

Chair or Member tabling the Report - 10 minutes
Any other Member - 5 minutes

(Question being put after 30 minutes)

Days and times of meeting (SO 34)

Mover - 5 minutes
Three other Members - 5 minutes
Reply - 5 minutes

Motion Accorded Priority (SO 109)

Mover - 7 minutes
Member next speaking - 7 minutes
Other Members (limited to three) - 3 minutes
Reply - 3 minutes

Debates not otherwise provided forDebates not otherwise provided for

All Members - 20 minutes*

Expulsion of a Member (SO 254)

Mover - 30 minutes*
Member next speaking - 30 minutes*
Any other Member - 20 minutes*
Member in response - 20 minutes*
Reply - 20 minutes*

General Business notices of motions or orders of the day (not for bills) (SO 107)

In each debate:

Mover - 10 minutes
Member next speaking - 10 minutes
Four Members - 5 minutes each
Reply - 5 minutes

Inaugural Speech (SO 63)

Member making inaugural speech - 15 minutes†

Matters of Public Importance (SO 110)

Mover - 7 minutes
Member next speaking - 7 minutes
One other Member - 3 minutes
Reply - 3 minutes

No confidence in the Government (SO 111)

Mover - unspecified
Party Leader - unspecified
Any other Member - 30 minutes
Premier in response - 45 minutes
Reply - 45 minutes

No confidence in a Minister (SO 112)

Mover - unspecified
Minister named - unspecified
Any other Member - 20 minutes
Response by Minister - 30 Minutes
Reply - 30 minutes

No confidence in Speaker (SO 113)

Mover - unspecified
Member leading debate in opposition to the motion - unspecified
Any other Member - 20 minutes
Response by Member leading debate in opposition to the motion - 30 minutes
Mover in reply - 30 minutes

Censure of Member (SO 114)

Mover - 15 minutes
Member named - 15 minutes
Four other Members - 5 minutes
Response by Member - 10 minutes
Mover in reply - 10 minutes

Censure of Speaker (SO 115)

Mover - 15 minutes
Member leading debate in opposition to the motion - 15 minutes
Four other Members - 10 minutes
Response by Member leading debate in opposition to the motion - 10 minutes
Mover in reply - 10 minutes

Papers, printing of (SO 266)

All Members, including reply - 3 minutes

(The Speaker may call the Minister in reply if debate exceeds 30 minutes)

Press, accommodation (SO 263)

All Members - 10 minutes

(The Speaker shall be entitled to put the question after 30 minutes of debate)

Private Members' Statements (SO 108)

Up to sixteen Members - 5 minutes
Replies by Ministers - 2 minutes

Privilege/Contempt (suddenly arising in House) (SO 91)

The Member may speak for 10 minutes to establish a prima facie case

Proceedings other than bills in consideration in detailProceedings other than bills in consideration in detail

All Members - 20 minutes*

Re-ordering General Business (SO 106)

Member in charge of the bill or notice of motion - 5 minutes
One other Member - 5 minutes

Speaker, Deputy Speaker and Assistant Speaker, election of (SO 10, 13 and 14)

All Members - 10 minutes

Speaker's ruling, dissent (SO 95)

All Members, including reply - 10 minutes

(The Speaker may call on Member to reply if debate exceeds 30 minutes)

Statutory Rules, disallowance (SO 116)

All Members, including reply - 10 minutes

(The Speaker may call on Member to reply if debate exceeds 30 minutes)

Suspension of standing orders (SO 365)

Mover - 5 minutes
One other Member - 5 minutes
Reply - 5 minutes

* A Member may request and the Speaker shall put, without debate or amendment, a question that the Member be allowed to continue that speech for a further period of up to 10 minutes.

† A member may request and the Speaker shall put, without debate or amendment, a question that the Member be allowed to continue that speech for a further period of up to 5 minutes.

That, during the current session, unless otherwise ordered, Standing Order 97 shall read as follows:

97. The House shall conduct its business in the following routine:

TuesdaysTuesdays

1. At 1.00 p.m. (Speaker takes Chair)
2. General Business Notices of Motions and Private Members' Statements
3. At 2.15 p.m. (Speaker resumes Chair)
4. Ministerial Statements
5. Notices of Motions (Government Business, Bills, Business with Precedence)
6. Notices of Motions to be Accorded Priority
7. Question Time
8. Ministerial Statements
9. Papers
10. Committee Reports – Tabling
11. Petitions
12. Announcement of Matter of Public Importance
13. Placing or Disposal of Business
14. Motion Accorded Priority
15. Business with Precedence
16. At 4.30 p.m. Business before the House is interrupted for Government Business.
Any interrupted business lapses except when the House is considering Business with Precedence which will stand as an order of the day for tomorrow.
17. At 7.00 p.m. Business before the House is interrupted for the Matter of Public Importance.
Any interrupted item of Government Business shall stand as an order of the day for tomorrow. If at the time of interruption a division is in progress, that division shall be completed.
18. Adjournment at 7.30 p.m. or at the conclusion of the Matter of Public Importance if concluded before 7.30 p.m.

WednesdaysWednesdays

1. At 10.00 a.m. (Speaker takes Chair)
2. General Business Notices of Motions
3. Government Business concluding at 1.30 p.m.
Any interrupted item of Government Business shall stand as an order of the day for tomorrow. If at the time of interruption a division is in progress, that division shall be completed.
4. At 2.15 p.m. (Speaker resumes Chair)
5. Ministerial Statements
6. Notices of Motions (Government Business, Bills, Business with Precedence and notices to be the subject of a motion to re-order later in the sitting)
7. Notices of Motions to be Accorded Priority
8. Question Time
9. Ministerial Statements
10. Papers
11. Committee Reports – Tabling
12. Petitions
13. Announcement of Matter of Public Importance
14. Re-ordering of General Business Orders of the Day (for Bills) and General Business (Notices of Motions)
15. Placing or Disposal of Business
16. Motion Accorded Priority
17. Business with Precedence
18. At 4.30 p.m. Business before the House is interrupted for Government Business.
Any interrupted business lapses except when the House is considering Business with Precedence which will stand as an order of the day for tomorrow.
19. At 5.45 p.m. Business before the House is interrupted for Private Members' Statements.
Any interrupted item of Government Business shall stand as an order of the day for tomorrow. If at the time of interruption a division is in progress, that division shall be completed.
20. At 7.00 p.m. Business before the House is interrupted for the Matter of Public Importance.
21. Adjournment at 7.30 p.m. or at the conclusion of the Matter of Public Importance if concluded before 7.30 p.m.

ThursdaysThursdays

1. At 10.00 a.m. (Speaker takes Chair)
2. General Business Notices of Motions
3. Government Business until 11.45 a.m.
Any interrupted item of Government Business shall stand as an order of the day for tomorrow. If at the time of interruption a division is in progress, that division shall be completed.
4. General Business Notices of Motions or Orders of the Day (not being Bills) concluding at 1.30 p.m.
Any interrupted business shall stand as an order of the day for tomorrow with precedence of other General Business (not for Bills). If at the time of interruption a division is in progress that division and any other division(s) to determine the matter shall be completed.
5 At 2.15 p.m. (Speaker resumes the Chair)
6. Ministerial Statements
7. Notices of Motions (Government Business, Bills, Business with Precedence)
8. Notices of Motions to be Accorded Priority
9. Question Time
10. Ministerial Statements
11. Papers
12. Committee Reports – Tabling
13. Petitions
14. Placing or Disposal of Business
15. Motion Accorded Priority
16. Business with Precedence
17. At 4.30 p.m. Business before the House is interrupted for General Business Orders of the Day for Bills.
Any interrupted business lapses except when the House is considering Business with Precedence which will stand as an order of the day for tomorrow.
18. At 5.30 p.m. Private Members' Statements.
Any interrupted business shall stand as an order of the day for a later time with precedence of other General Business Orders of the Day for Bills.
19. Adjournment at 6.30 p.m. or at the conclusion of Private Members' Statements if before 6.30 p.m. At the time for adjournment the question "That Private Members' Statements be noted" shall be put forthwith.
That, during the current session, unless otherwise ordered, Standing Order 98 shall read as follows:

98. On any Friday upon which the House sits, whether as a continuation of the sitting of the previous day or as a separate sitting day the following program will apply:

(1) General Business Notices of Motions for Bills
(concluding not later than 10.30 a.m.)
(2) At 10.30 a.m. Government Business shall have precedence of all other business in the Routine of Business.
(3) No quorums shall be called and any divisions called shall be deferred, set down as orders of the day for the next sitting day and determined after Question Time.
(4) At 1.00 p.m. Business before the House is interrupted for consideration of committee reports presented or the next item of business shall be called. Any interrupted item of Government Business shall stand as an order of the day for tomorrow.
(5) At 1.30 p.m. Private Members' Statements, after which the House shall adjourn without motion moved until the next sitting day.

That, during the current session, unless otherwise ordered, Standing Order 46 shall read as follows:

46. Unless otherwise ordered, the House shall be adjourned without motion moved at 7.30 p.m. on Tuesday and Wednesday (or at the conclusion of the Matter of Public Importance if before 7.30 p.m.); at 6.30 p.m. on Thursday (or after the conclusion of Private Members' Statements if before 6.30 p.m.); and after the conclusion of Private Members' Statements on Friday.

That, during the current session, unless otherwise ordered, Standing Order 101 shall read as follows:

101. The procedure for establishing the program for General Business Days is as follows:

(1) On Wednesdays, Members shall advise the Clerk in writing by 12.00 noon which General Business Notices of Motions for Bills, Orders of the Day for Bills, or Notices of Motions (not for Bills) standing in their name on the Business Paper are to be postponed. Party Whips may also advise the Clerk in writing of which items of General Business standing in the name of Members of their party are to be postponed.
(2) The first ten notices on the Business Paper, not advised to be postponed by 12.00 noon on the day preceding a General Business Day, will be deemed to be proceeding. Any General Business Order of the Day for Bills or General Business Notice of Motion re-ordered by the House to have precedence in accordance with Standing Orders 97 and 106 will retain such precedence.
(3) On any day when General Business is being considered by the House, a Member may, without debate:
(a) withdraw or postpone any notice of motion standing in their name on the Business Paper for that day.
(b) postpone, or on motion, discharge an Order of the Day standing in their name of the Business Paper for that day.
(c) discharge an Order of the Day for a Bill on motion without debate or amendment, "That the Order of the Day be discharged", followed by a motion moved forthwith, without debate or amendment "That the Bill be withdrawn".
That, during the current session, unless otherwise ordered, Standing Order 108 shall read as follows:

108. The procedure for General Business Notices of Motions and Private Members' Statements is as follows:

(1) At the commencement of the sittings on Tuesday, Private Members' Statements will follow the giving of General Business Notices of Motions.
(2) (a) At 5.45 p.m. on Wednesday, at 5.30 p.m. on Thursday and at 1.30 p.m. on Friday, the business before the House shall be interrupted for the taking of Private Members' Statements.
(b) The interrupted business shall stand as an order of the day for tomorrow.
(c) If at the time of interruption a division is in progress – that division shall be completed.
(3) The Speaker shall propose the question "That Private Members' Statements be noted".
(4) Up to 16 Members may speak for up to 5 minutes each and replies by Ministers shall be limited to 2 minutes each.
(5) Private Members' Statements may be taken between items of business with the leave of the House for a specified period or a specified number of Members or until certain business is to be conducted as notified by the Minister in charge of the House at that time.
(6) A division on any question or quorum call shall not be permitted during Private Members' Statements.
(7) At the conclusion of Private Members' Statements on Thursday and Friday or at the time for adjournment the question "That Private Members' Statements be noted" shall be put forthwith and the House shall adjourn without motion moved until the next sitting day.

That, during the current session, unless otherwise ordered, Standing Order 109 shall read as follows:

109. The procedure for the consideration of motions accorded priority shall be as follows:

(1) Prior to Question Time, the Speaker shall ask if there are any written notices of motions to be accorded priority over the other business of the House.
(2) No more than two notices shall be accepted at any one sitting of the House.
(3) The notices shall be set down for consideration later in the sitting in accordance with the routine of business.
(4) (a) The Members giving the notices shall each be permitted to make statements of up to 5 minutes as to why their notice should be accorded priority.
(b) At the conclusion of the 5 minute statements the Speaker shall put the question on the first notice "That the motion of the Member for be accorded priority".
(c) If this motion is carried the Member may proceed.
(d) If the motion is not carried the question "That the motion of the Member for be accorded priority" is then put on the next motion.
(5) When the motion for priority is determined and the motion is moved, the following time limits shall apply:
Mover - 7 minutes
Member next speaking - 7 minutes
Other Members (limited to three) - 3 minutes
Reply - 3 minutes
Total - 26 minutes
(6) The motion will lapse at the time for interruption unless a division is in progress whereupon that division and any other division(s) to determine the matter shall be completed.

That, during the current session, unless otherwise ordered, Standing Order 110 shall read as follows:

110. The procedure for matters of public importance is as follows:

(1) The matter, which must be definite, shall be handed in writing to the Speaker no later than 12.00 noon on days when the House discusses a Matter of Public Importance and immediately published.
(2) The Speaker, in the event that more than one matter is submitted, shall determine which matter is of the greatest public importance.
(3) At least 30 minutes prior to the time for Question Time -
(a) the Premier, the Leader of the Opposition, the responsible Minister in the House, Members submitting matters and the Independent Members shall be informed in writing by the Speaker of the matter determined by the Speaker to be discussed.
(b) the Speaker, by placing a notice on notice boards, shall inform Members of the matter.
(4) If the Speaker decides that any matter proposed is in order it shall be announced to the House by the Speaker.
(5) As provided in the routine of business the Speaker shall call the Member concerned to proceed with the matter. The matter cannot be amended.
(6) The following time limit shall apply:
Mover - 7 minutes
Member next speaking - 7 minutes
One other Member - 3 minutes
Reply - 3 minutes
Total - 20 minutes
(7) At the conclusion of the discussion no question shall be put.
(8) There shall be no dissent from the ruling of the Speaker in relation to the operation of this Standing Order.

That, during the current session, unless otherwise ordered, Standing Order 35 shall read as follows:

35. The timing of bells is as follows:

Tuesdays (Government Business Day – First sitting day of the week)
Bells are rung at 12.45 p.m. 12.56 p.m. 12.58 p.m. and at 2.13 p.m.

Wednesdays, Thursdays and Fridays
Bells are rung at 9.45 a.m. 9.56 a.m. and at 9.58 a.m.

After lunchAfter lunch
Bells are rung at 2.00 p.m. and at 2.13 p.m.

DivisionDivision
First bell 10 seconds, pause 10 seconds; second bell 10 seconds, pause 10 seconds; third bell 20 seconds. The doors are locked 4 minutes after the bells are first rung.

QuorumQuorum
One long continuous bell (for up to four minutes until a quorum is present in the Chamber).
House adjournmentHouse adjournment
Two short bells.

One long bellOne long bell
A continuous bell rung at the discretion of the Chair.

I will not speak at length in support of this motion. I have canvassed most of the reasons the Government proposes the motion in moving the suspension of sessional orders to allow this motion to be debated. I welcome the comments of all members from both sides of the House. At the end of the day my job as Leader of the House is to ensure that the Parliament is able to work in an appropriate business-like fashion but in a way also that supports and generates constructive debate at appropriate opportunities for all members rather than by a process of exhaustion, which was the case on many past occasions under the old sessional orders.

Ms CLOVER MOORE (Sydney) [3.45 p.m.]: I express concern about the way this matter has been processed. I received this document from the Australian Labor Party Whip during question time.

Mr Gerard Martin: No, I didn't give it to you. One of our backbenchers did. I didn't do it!

Ms CLOVER MOORE: One of the backbenchers.

Mr Thomas George: Point of order: My point of order is that a representative of the Independents has been at every meeting, like every other representative member.

The SPEAKER: Order! That is correct.

Ms CLOVER MOORE: Mr Speaker, you would understand that as Independents we are not part of an official group.

The SPEAKER: Order! The member for Sydney has the call.

Ms CLOVER MOORE: Opposition members may think it is amusing, but nothing is more important than the rights of an elected member to be able to come into this place to represent their electorate and have a say in the process that permits that. It is appalling that I had to collect this document during question time. It is appalling also that no Opposition members had seen itthe communication is pretty poor. The Independents fought incredibly hard in 1993 to get private members' morning so that each member would have a right to come into this place and directly represent their electorate. Nothing is more important to every member in this place, whether they are Government, Opposition or Independent members, than to be able to have a private members' opportunity to represent their electoratewhether it is private members' bills, private members' motions or private members' statements.

The Independents' Charter of Reform actually achieved urgency motions or priority debates. The Charter of Reform actually achieved matters of public importance for the House. They now have been relegated to the end of the day. Members now will be lucky to have bills introduced on Friday morning if they are present; then they will have the opportunity to debate it late on Thursday afternoon. Clearly, one of the most precious things from the battle to achieve better rights for individual members of Parliament was private members' morning: no thanks to those who have been involved in organising the loss of that opportunity. This is a very sad day for democracy in this House; it is a real setback for democracy. I call on the Leader of the House to reinstate private members' morning on Thursday. This proposal is appalling and it is the way the Government has gone about achieving it. The organisation of the House fails us as members.

Mr JOHN AQUILINA (Riverstone—Leader of the House) [3.49 p.m.], in reply: The Government takes seriously the comments of the member for Sydney. However, I make a couple of observations. Although it is true that not every Independent member was present at the meeting when the new sessional orders were being determined, it is important to note that the Independents did have a representative present at every meeting. With respect to general business, notices of motion and orders of the day, the Government is not reducing the amount of time available for debating these issues. It is true that previously that was done on Thursday morning and now it has been split, partly in the morning and partly in the afternoon, but the same amount of time is available for debating these matters. Members still have their same rights with respect to private members' bills on Thursday as well as half an hour on Friday. Members have the equivalent time to debate matters in an appropriate way, although it is not in the one block.

Question—That the motion be agreed to—put.

Division called for and Standing Order 181 applied.


Question resolved in the affirmative.

Motion agreed to.