Education (Freedom of Association) Amendment Bill

I raise a point of order, Mr Chairperson. I move that the House do now adjourn.

The CHAIRPERSON (Eric Roy): That is a motion that can be processed by the House as a procedural motion only when the House is not in Committee but is meeting as the House in full session. The motion is out of order.

I move, That the Speaker be recalled to rule on the Chairperson’s ruling that the motion to adjourn was out of order.

On the question of your calling Grant Robertson, I move, That the Speaker be recalled to rule on the Chairperson’s awarding of a call to Grant Robertson.

I move, That the Speaker be recalled to rule on the Chairperson’s awarding of a call to Sue Moroney.

The CHAIRPERSON (Eric Roy): That is not helpful. The Standing Orders are quite clear that the Speaker has the right to call whomever he sees fit, and by rotation. It is also, I guess, the right of the member to seek for the Committee to recall the Speaker, so, on this occasion, I will put the question.

I raise a point of order, Mr Chairperson. I move that the Speaker be recalled to rule on the Chairperson’s awarding of a call to Moana Mackey.

The CHAIRPERSON (Eric Roy): We have already dealt with the procedural motion on my right as the Chair to make that call, so the motion is out of order.

I move, That the Speaker be recalled to rule on the Chairperson’s ruling that the motion to recall the Speaker to rule on the Chairperson’s awarding of a call to Moana Mackey was out of order.

Thank you, Mr Chair—

💬 Hon Trevor Mallard: I raise a point of order, Mr Chairperson. I move that the Speaker be recalled to rule on the Chairperson’s awarding of a call to Allan Peachey.

The CHAIRPERSON (Eric Roy): The member is completely out of order. Can the member please point out to me in either the Standing Orders or Speakers’ Rulings where I have erred from what Speakers’ rulings or the Standing Orders require in terms of the Chair and the Committee of the whole House.

💬 Hon Trevor Mallard: Speaking to the point of order, Mr Chairperson—

The CHAIRPERSON (Eric Roy): It is not a point of order; it is a ruling.

💬 Hon Trevor Mallard: Well, I am speaking to your ruling—if you are asking me to respond to your ruling by way of a point of order. Mr Chairperson, it is out of order for me to give reasons when I give that motion, and I think you know that.

The CHAIRPERSON (Eric Roy): No, I do not know that. This is a means of order for the Committee. If members are making a point of order, they should indicate to the Chair where there has been a breach of the rules of the House, and that is what I am asking the member.

I appreciate the opportunity—

💬 Hon Trevor Mallard: I raise a point of order, Mr Chairperson.

The CHAIRPERSON (Eric Roy): I am now going to caution the member. If the member continues on the line—

💬 Hon Tau Henare: Sit down, Trevor.

The CHAIRPERSON (Eric Roy): —I am on my feet—I will require the member to leave; I will. I call Allan Peachey.

💬 Hon Trevor Mallard: I raise a point of order, Mr Chairperson.

I appreciate the opportunity to make a contribution to this debate—

The CHAIRPERSON (Eric Roy): I am hearing a point of order.

💬 Hon Trevor Mallard: It has always been the right of any member in this House to move a motion seeking the recall of the Speaker. It has never been limited. Mr Chairman, your limitation of it is new; it is a new ruling from a Chairman. There is a right for any member to ask the Speaker to review any ruling of any Chairman.

The CHAIRPERSON (Eric Roy): I have sought advice, and I am absolutely convinced in my own mind that I am conducting the Committee of the whole House in absolute accordance with both Speakers’ rulings and the Standing Orders. It is not a point of order to say that the presiding officer should not have given the call to whomever at any point. So the member is quite out of order.

💬 Hon Trevor Mallard: I raise a point of order, Mr Chairperson. I have on at least five occasions in this House heard the Speaker rule on the question as to who should be given the call. Speakers have been recalled for that previously. Mr Chairperson, I think on every occasion the Speaker has reinforced the right of the Chairman to make that decision. I have no doubt what the result will be, but there is a difference between getting the right decision from the Speaker and the right of a member to recall the Speaker to have that decision made.

The CHAIRPERSON (Eric Roy): I am not going to put the question on the member’s motion. If he asks for the motion to be put again, he will leave the Chamber.

💬 Grant Robertson: I raise a point of order, Mr Chairperson. I move that the Speaker be recalled to rule on the Chairperson’s ruling that a motion to recall the Speaker to rule on the Chairperson’s awarding of a call to Allan Peachey was out of order.

The CHAIRPERSON (Eric Roy): I think we are now getting all members following the same procedure. I believe that the Committee has expressed its will, by a vote of 62 to 57, or whatever, that it wishes to proceed with this matter. I will not tolerate members continually seeking to recall the Speaker for every single item, particularly over who does or does not get the call. The member is out of order.

💬 Hon Trevor Mallard: I raise a point of order, Mr Chairperson. Can you please explain to the Committee which of your rulings we are allowed to debate and have the Speaker come in on. Is it all of your rulings, some of your rulings, or only on the call? Mr Chairperson, in the past—

💬 Hon Anne Tolley: Is this a point of order?

The CHAIRPERSON (Eric Roy): Yes, it is a point of order.

💬 Hon Trevor Mallard: It is absolutely a point of order, and it was just interrupted by Anne Tolley. Mr Chairperson, could you indicate to the Committee which of your rulings you are saying are beyond the Speaker coming back, which ones you have absolute rights on, without challenge, and which of your rulings are subject to recall?

The CHAIRPERSON (Eric Roy): It is very simple. I have determined that the members in Opposition are trifling with the Chair, and I will not be part of that process, so I have ruled that with those resolutions—we have had several motions to recall the Speaker and nothing has changed. Quite simply, members are trifling with the Chair, and if they persist they will leave the Chamber.

💬 Hon Trevor Mallard: I move, That the Speaker be recalled to rule on the Chairperson’s ruling that the member were trifling with the Chair.

The CHAIRPERSON (Eric Roy): The member will leave the Chamber.

💬 Hon Trevor Mallard: I have the right to move for the recall of the Speaker in respect of your ruling that we were trifling with the Chair. We were not trifling with the Chair, and you ruled that I was.

The CHAIRPERSON (Eric Roy): I will put that motion.