Education (Freedom of Association) Amendment Bill

Mr Speaker, you have been recalled for a further ruling. I proceeded to engage the Committee in the process of the Education (Freedom of Association) Amendment Bill. I read out the stage the Committee was at and announced that the Committee would be addressing clause 6A. A call was immediately taken by Grant Robertson, who then sought to move a motion that we report progress. I ruled that the motion was out of order in that no business of the Committee had been transacted. I listened very carefully to your ruling. The point was further made that the previous motion, which I had ruled in order, was made as a point of order and not as a call. I determined that the Committee had expressed its view, irrespective of my making a mistake in relation to whether I should have accepted that motion, but because the Committee had expressed a view on a motion, and because a party vote had been conducted, the Committee’s expression was quite clear. There had been no further business, so I ruled the motion out of order.

I raise a point of order, Mr Speaker. I think the Chair has summarised the situation really well. It just goes to the question of whether the House’s ruling on an ultra vires motion is valid, according to your ruling, and, therefore, whether the Committee of the whole House has made a decision not to report progress if, in fact, it is considered as a motion that you have ruled in your earlier ruling it should not have considered?

In fact, I merely pointed out that it was perhaps not the appropriate way to move the motion. I did not actually rule, at all. On this occasion I must support the Chair. Although the procedure of the Committee may not have been strictly correct, no point of order was raised at the time to deal with that. Subsequently, the Committee voted on whether progress should be reported and made its decision on that. The Committee then reported to the House. The Chair moved the motion, and the Committee voted on that motion. The Committee made that decision, and that is the end of the matter. It is my ruling that the Chair is quite correct to rule out of order the further motion because no further business had been transacted. The Committee and the House have made decisions, and that is the end of the matter.

In Committee

Debate resumed.

Clause 6A Sections 229A to 229C apply to private training establishments (continued)