[SOUTH AUSTRALIA]

No. 23

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  3  JUNE  1998

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

The Hon. A. J. Redford brought up the Report of the Legislative Review Committee concerning Regulations under the Development Act 1993 in regard to Smoke Alarms.

 

Legislative

Review

Committee -

Report concerning Regulations under the Development

Act 1993 in regard

to Smoke Alarms.

 

   3.

The Hon. A. J. Redford brought up the Policy of the Legislative Review Committee on Examination of Regulations.

 

Legislative

Review

Committee -

Policy on Examination

of Regulations.

 

   4.

The Hon. A. J. Redford brought up the Eleventh Report, 1997-98 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Eleventh Report

1997-98.

 

   5.

The Attorney-General (The Hon. K. T. Griffin) tabled a copy of a Ministerial Statement made by the Minister for Police, Correctional Services and Emergency Services (The Hon. I. F. Evans, M.P.) concerning police reform.

 

Paper

Tabled.

   6.

The President made the following statement -

                 Members are aware that Council Standing Orders prohibit Members from expressing opinions in asking questions.  The other day I drew Members’ attention to the fact that they should not seek expressions of opinion from a Minister to whom they are directing a question.  This is in accordance with House of Commons procedure from which we obtain our precedence.  May’s Parliamentary Practice states -

                          “Questions which seek an expression of opinion or which contain arguments, expressions of opinion, inferences or imputations, unnecessary epithets or rhetorical, controversial, ironical or offensive expressions, are not in order.”

                 Whilst on the subject of Question Time, I have been concerned for some time at the use of this period in this Council and some individual Members have also expressed their concerns to me.  Question Time has become increasingly dominated by statements from Members for which they obtain leave, rather than the main purpose of Question Time, i.e. the asking of questions.

                 This does not occur in other Houses of Parliament.  I would remind Members that Standing Order No. 109 provides for Members to seek leave to make statements of facts merely to elucidate their questions.  Members are turning Question Time into a means of making lengthy speeches, which is not the purpose.

                 May’s Parliamentary Practice states -

                          “The purpose of a question is to obtain information or press for action; it should not be framed primarily so as to convey information, or so as to suggest its own answer or convey a particular point of view, and it should not be in effect a short speech.  Questions of excessive length have not been permitted.”

                 In fact, May’s Parliamentary Practice further goes on to state -

                          “The facts on which a question is based may be set out as briefly as practicable within the framework of a question, provided that the Member asking it makes himself responsible for their accuracy, but extracts from newspapers or books, and para-phrases of or quotations from speeches etc. are not admissible.”

                 Therefore, the House of Commons does not even permit Members to seek leave to make a statement prior to asking a question.  Rather, any facts must be incorporated in the question.

                 I suggest that Members should become accustomed to framing their questions in such a way as to restrict the necessity for making statements, or more importantly, to perhaps even endeavour to exclude them on most occasions.

                 With this in mind, I intend to draw Members’ attention to any lengthy statements in an endeavour that in the long term this will result in a much more beneficial use of Question Time for all concerned.

 

President’s

Statement -

Questions

without

Notice.

   7.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements

on Matters

of Interest.

 

   8.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday,
1 July 1998.

 

Postponement

of Business.

   9.

The Hon. A. J. Redford, pursuant to notice, moved - That the Report of the Legislative Review Committee on Regulations under the Development Act 1993 concerning Smoke Alarms, be noted.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday, 1 July 1998.

 

Legislative

Review

Committee -

Report on Regulations

under the Development

Act 1993

concerning

Smoke Alarms

to be noted -

Motion re.

 

10.

The R. R. Roberts, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to Subordinate Legislation Act 1978.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. R. Roberts then moved - That this Bill be now read a second time.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until Wednesday,
1 July 1998.

 

Subordinate Legislation (Miscellaneous) Amendment

Bill.

11.

The Hon. A. J. Redford, pursuant to notice, moved - That the Policy of the Legislative Review Committee for the Examination of Regulations, be noted.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday, 1 July 1998.

 

Legislative

Review

Committee -

Policy for the

Examination of

Regulations

to be noted -

Motion re.

 

12.

Ordered - separately - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 1 July 1998.

 

Postponement

of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the motion of the the Hon. C. Zollo - That this Council congratulates the Glendi Festival Chairman (Mr. George Kavelaros), the 1998 Festival Co-ordinator (Mr. Peter Louca, J.P.) and the Organising Committee of the 21st Annual Glendi Greek Festival and expresses its appreciation of the wonderful contribution the Festival makes to South Australia:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned and ordered to be resumed on motion.

 

Glendi Greek Festival -

Motion re.

14.

Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for Wednesday,
1 July 1998.

 

Postponement

of Business.

 

15.

Ordered - That Order of the Day (Private Business) No. 5 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the motion of the Treasurer - That the Report of the Auditor-General, 1996-97 be noted:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 1 July 1998.

 

Report of the

Auditor-General,

1996-97

to be noted -

Motion re.

17.

Ordered - separately - That Orders of the Day (Private Business) No. 7 to No. 18 be Orders of the Day for Wednesday, 1 July 1998.

 

Postponement

of Business.

18.

Ordered - That Order of the Day (Private Business) No. 19 be postponed and taken into consideration on motion.

 

Postponement

of Business.

19.

Ordered - separately - That Orders of the Day (Private Business) No. 20 and No. 21 be Orders of the Day for Wednesday, 1 July 1998.

 

Postponement

of Business.

20.

The following Message from the House of Assembly was received and read -

Message No. 69

                 MR. PRESIDENT - The House of Assembly requests that the Legislative Council give permission to the Treasurer (The Hon. R. I. Lucas), the Attorney-General (The Hon.
K. T. Griffin), the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) and the Minister for Disability Services (The Hon. R. D. Lawson), Members of the Legislative Council, to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill.

House of Assembly, 3 June 1998.                                                                              G. M. GUNN, Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 The Attorney-General moved - That the Treasurer, the Attorney-General, the Minister for Transport and Urban Planning and the Minister for Disability Services have leave to attend and give evidence before the Estimates Committee of the House of Assembly on the Appropriation Bill, if they think fit.

                 Question put and passed.

 

Message from

House of

Assembly:

Estimates

Committees -

Requesting

permission for

Council

Ministers

to attend and

give evidence.

  21.

Ordered - That the adjourned debate on the question - That the Parliamentary Committees (Contracts Review) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 1 July 1998.

 

Parliamentary Committees (Contract Review) Amendment

Bill.

22.

Ordered - That Order of the Day (Private Business) No. 19 be an Order of the Day for Wednesday,
1 July 1998.

 

Postponement

of Business.

23.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

24.

On the Order of the Day being read for the Council to resolve itself into a Committee of the Whole on the Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Bill:

                 The Hon. T. G. Roberts, pursuant to contingent notice, moved -

         I.      That this Bill be referred to a Select Committee;

 

Pastoral Land Management

and Conservation (Board Procedures, Rent, etc.) Amendment Bill.

 

 

        II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only;

       III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council.

           Debate ensued.

           Question put and passed.

Suspension of

Standing Orders.

 

 

           The Hon. T. G. Roberts moved - That the Select Committee consist of the Minister for Transport and Urban Planning, the Hon. M. J. Elliott, the Hon. P. Holloway, the Hon.
R. R. Roberts and the Hon. C. V. Schaefer.

           Question put and passed.

           The Hon. T. G. Roberts moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and to report on Tuesday, 21 July 1998.

           Question put and passed.

 

Select

Committee Appointed.

25.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 7 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

26.

On the Order of the Day being read for the adjourned debate on the question - That the National Electricity (South Australia) (Commencement) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Schedule agreed to.

                          Title agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Treasurer, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

National

Electricity

(South Australia) (Commencement) Amendment

Bill.

 

27.

Ordered - That the remaining Order of the Day (Government Business) be an Order of the day for next day of sitting.

 

Postponement

of Business.

28.

Ordered - That the remaining Order of the Day (Private Business) be an Order of the day for Wednesday, 1 July 1998.

 

Postponement

of Business.

29.

Council adjourned at twenty-six minutes past six o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

 

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo