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Thursday, 5 April 2018

Points of Order — Privilege—Freedom of Speech

HansardID: 066e7928-1432-46cd-ae23-435eb04a5b8a
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🗣️ Speech Hon Gerry Brownlee (New Zealand National Party — Member for Ilam)
Time unknown

I raise a point of order, Mr Speaker. This is a point of order where I am going to ask you to provide a ruling to the House. It relates to Standing Order 410, particularly paragraphs (j), (l), (m), and (n) of that Standing Order. Those particular parts refer to the duty of members. It could be argued that that duty stops and starts inside the House, but it would be the public expectation that the duties of a member of Parliament start the day they’re elected and end the day they are no longer a member. So, sir, noting your response to a privilege complaint which has been rejected, I’m asking that you bring to the House a ruling on how and where you see a member’s duty beginning and ending in relation to House business.

I do this because if it is limited or contained just within the House, then that would mean that almost all the interaction that MPs have with their constituents or with each other in connection with the business of Government or before the House is separated while it’s outside the House from the business that’s conducted within the House, and that makes quite a difficult sort of circumstance. If you then go particularly to paragraph (l), does that now mean that the activity described in paragraph (l), if it is conducted outside the House, notwithstanding the material reason for the activity relating to the matters being considered by the House, is deemed to be outside of any breach of privilege?

🗣️ Speech Sir Rt Hon Trevor Mallard (New Zealand Labour Party — List Member)
Time unknown

I don’t think I need to come back. I think the matter’s relatively clear, and the member who normally sits next to the member, again, could explain it to him. Privilege only applies to the proceedings of the House. It does not apply—there’s no privilege for MPs doing wider duties, as a number of us have experienced, including a member sitting not far behind him.

Oral Questions—Questions Ruled Out of Order

🗣️ Spoke in this debate (2)