Points of Order — Messages from Governor-General

I raise a point of order, Mr Speaker. How can this bill be appropriated when we have not even had the vote? We still have the second reading, the Committee stage, and the third reading to come. I seek your guidance. It might be that we do not pass this bill.

The ASSISTANT SPEAKER (H V Ross Robertson): It is my understanding that the Governor-General has to make the recommendation before the bill is passed, and that is the reason why it has been done as it has.

I raise a point of order, Mr Speaker. This is Parliament. It is not the play place of the Governor-General, and it is not the place for a Government just to ride roughshod over the process that occurs here. I wonder whether you might be able to tell us of another recent occasion where the moneys for a purpose were appropriated immediately after a bill’s first reading.

The ASSISTANT SPEAKER (H V Ross Robertson): The money is not appropriated at this stage. It is recommended, and it always has been that way.

I raise a point of order, Mr Speaker. I cannot recall an occasion after a first reading when the first thing the Speaker did was to stand up and say: “I have a message from the Governor-General.” The Governor-General must, of course, have extremely fleet feet if she was able to get that message to the Chair in such a short period of time. Leaving that aside, I cannot recall a time when such a recommendation has been made so quickly. It makes a complete mockery of the whole process that is occurring this evening. The Government has said: “Here is our centrepiece of legislation, and we want the nation to know what it’s all about. We want to clear up some of the clear misconceptions that people must have got when they voted in the Holmes poll this evening.” However, it would seem that the Government has organised for the Governor-General to send down her recommendation, on the basis that it does not matter what Parliament might conclude as the bill will be funded anyway.

The ASSISTANT SPEAKER (H V Ross Robertson): Can I just inform the House that the Governor-General always makes a recommendation before the passing of a bill, and the Government can procure a message at any time. This is perfectly normal.

I raise a point of order, Mr Speaker. I wonder whether you could tell us at what time today the Government sent the message to Dame Silvia Cartwright, telling her that she needed to make this recommendation. The House only started working on this bill at 5 o’clock today. Certainly a few hours have since passed, but it seems rather unacceptable that the Governor-General should be making a recommendation to the House about 30 seconds after the bill has passed its first reading.

The ASSISTANT SPEAKER (H V Ross Robertson): I thank the honourable member for his contribution, and say that it is only a recommendation. At what time the Government makes a decision with the Governor-General is a matter for the Government. The House can always reject the bill. At what time the Government receives the message is no business of the Speaker.

Can you tell us whether it is usual for this to happen—firstly, that the recommendation is announced to the House immediately after the passing of a first reading; and secondly, can you tell us why the House has to know this, if in fact it is only a recommendation that does not have to be listened to? Are we now in the position where we can debate the Governor-General’s recommendation?

The ASSISTANT SPEAKER (H V Ross Robertson): I say to the member that it is my understanding it has always been done this way. It is perfectly in order. The Constitution Act requires it to be so.

I raise a point of order, Mr Speaker.

The ASSISTANT SPEAKER (H V Ross Robertson): I have already made a ruling. This needs to be something new.

Dr the Hon LOCKWOOD SMITH: I want to raise a slightly different issue. In my experience in this Parliament, which does go back some years, this procedure is normal if something is required by midnight tonight, for example, or before Parliament sits tomorrow, and there will be a law change, say, that involves an appropriation. That is obviously where we need that kind of recommendation from the Governor-General. There is no opportunity subsequently for it to occur before expenditure may have to take place.

What troubles the Opposition on this occasion is that no expenditure is required for months on this bill we are passing. There is absolutely no requirement whatsoever for any such notice from Her Excellency the Governor-General, and we are curious to know why this should be. In my experience this is somewhat unprecedented.

The ASSISTANT SPEAKER (H V Ross Robertson): I reiterate what I said before: it is only a recommendation. That is all it is, and the House can always reject the bill. It has been done that way in the past, and will continue to be done that way, because it is part of the Constitution Act that requires it to be done so.