Media Release – Estimates: Senate Clerk Exposes Labor’s out of order house

SENATE CLERK EXPOSES LABOR’S OUT OF ORDER HOUSE

Clerk of the Senate, Harry Evans, has confirmed the Coalition’s fears that Labor’s changes to House of Representatives standing orders are shrouded in doubt.

During Additional Estimates hearings yesterday and under questioning from Senator Mitch Fifield, Deputy Chairman of the Senate Standing Committee on Finance and Public Administration, Mr Evans confirmed that Labor’s plan to suspend quorum on House sitting Fridays is unconstitutional.

Senator FIFIELD: So, in your view, the nature of the quorum is not something that can simply be changed by a change to standing orders?

Mr Evans: It can. If a house passes an order to abolish quorum calls, it is within its power to do so. But what my predecessors have always said over many, many years is that it is not constitutional to do so.

(Senate Standing Committee on Finance and Public Administration, Additional Estimates, Monday 18 February 2008)

Mr Evans also pointed out that s.39 of the Commonwealth Constitution requires changes to quorum requirements to be by statute. But Labor has merely moved a motion in the House of Representatives.

Senator FIFIELD: I am interested in your thoughts as to the meaning in section 39 of ‘Until the Parliament otherwise provides …’ Does that refer to a chamber, just one house, or does the term ‘the Parliament’ mean both houses having passed something to that effect?

Mr Evans: ‘The Parliament otherwise provides’ means by statute. It has to be a statute passed by both houses and signed by the Governor-General.

“Already Labor are showing flagrant disregard for the constitution by implementing changes that the experts believe to be unconstitutional,” Senator Fifield said.

“Labor say they have legal advice to the contrary. They should release that advice. The cloud of a likely constitutional breach hangs over these sham Friday sittings.

“So much for being more open and accountable – the Prime Minister still refuses to front up on Fridays and face scrutiny in Question Time and there will be less Question Times in 2008 than in 2007.

“It appears that Labor’s Friday RDO – Rudd Day Off – is quickly disintegrating into a complete shambles before it has even begun.”