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Legislative Council 19447 LEGISLATIVE COUNCIL Thursday 12 November 2009 __________ The President (The Hon. Peter Thomas Primrose) took the chair at 11.00 a.m. The President read the Prayers. PASSENGER TRANSPORT AMENDMENT (TAXI LICENSING) BILL 2009 Bill received from the Legislative Assembly, and read a first time and ordered to be printed on motion by the Hon. Tony Kelly, on behalf of the Hon. Eric Roozendaal. Motion by the Hon. Tony Kelly agreed to: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House. Second reading set down as an order of the day for a later hour of the sitting. NATURAL DISASTERS The PRESIDENT: Following my communications on behalf of members concerning the recent natural disasters, I report receipt of a letter of thanks from His Excellency Mr Primo Alui Joelianto, Ambassador, Embassy of the Republic of Indonesia. BUSINESS OF THE HOUSE Formal Business Notices of Motions Private Members' Business item No. 7, 25, 33, 62 and 208 outside the Order of Precedence objected to as being taken as formal business. GENERAL PURPOSE STANDING COMMITTEE NO. 2 Report: Budget Estimates 2009-2010 The Hon. Robyn Parker, as Chair, tabled report No. 32, entitled "Budget Estimates 2009-10", dated November 2009, together with transcripts of evidence, tabled documents, correspondence and answers to questions taken on notice. Report ordered to be printed on motion by the Hon. Robyn Parker. The Hon. ROBYN PARKER [11.03 a.m.]: I move: That the House take note of the report. Debate adjourned on motion by the Hon. Robyn Parker and set down as an order of the day for a future day. GENERAL PURPOSE STANDING COMMITTEE NO. 2 Report: Bullying of Children and Young People The Hon. Robyn Parker, as Chair, tabled report No. 31, entitled "Bullying of Children and Young People", dated November 2009, together with transcripts of evidence, tabled documents, correspondence and answers to questions taken on notice. Report ordered to be printed on motion by the Hon. Robyn Parker. 19448 LEGISLATIVE COUNCIL 12 November 2009 The Hon. ROBYN PARKER [11.04 a.m.]: I move: That the House take note of the report. I thank the committee secretariat and the members of General Purpose Standing Committee No. 2, who have worked long, hard and cooperatively to put this report together. I recommend the report to members. I know we will have a further opportunity to discuss the report. Debate adjourned on motion by the Hon. Robyn Parker and set down as an order of the day for a future day. AGRICULTURAL HIGH SCHOOLS Production of Documents: Return to Order The Clerk tabled, pursuant to resolution of 29 October 2009, as amended on 11 November 2009, documents relating to agricultural high schools in New South Wales received on Tuesday 3 November 2009 from the Director General of the Department of Premier and Cabinet, together with an indexed list of the documents. Production of Documents: Claim of Privilege The Clerk tabled a return identifying documents received on Tuesday 3 November 2009 from the Director General of the Department of Premier and Cabinet which are considered to be privileged and should not be made public or tabled. According to standing order, the Clerk advised that the documents were available for inspection by members of the Legislative Council only. STANDING COMMITTEE ON LAW AND JUSTICE Reference The Hon. CHRISTINE ROBERTSON: According to the resolution establishing the standing committees, I inform the House that on 11 November 2009 the Standing Committee on Law and Justice resolved to inquire into the following terms of reference from the Attorney General, the Hon. John Hatzistergos, MLC: That the Standing Committee on Law and Justice inquire into and report on whether sex offenders' convictions should be capable of being spent under the Criminal Records Act 1991 or should only become spent in limited circumstances, for example, where: (a) the offence was committed as a juvenile, (b) there was a finding of fact that the sex was consensual, (c) the offences were minor sex offences, or (d) no conviction was recorded. BUSINESS OF THE HOUSE Postponement of Business Business of the House Notice of Motion No. 2 postponed on motion by the Hon. Don Harwin, on behalf of the Hon. Catherine Cusack. SELECT COMMITTEE ON THE NSW TAXI INDUSTRY Membership The PRESIDENT: I inform the House that on 11 November 2009 the Leader of the Opposition nominated the Hon. John Ajaka and the Hon. Trevor Khan as the Opposition members of the Select Committee on the NSW Taxi Industry. 12 November 2009 LEGISLATIVE COUNCIL 19449 BUSINESS OF THE HOUSE Suspension of Standing and Sessional Orders: Order of Business Motion by the Hon. Duncan Gay agreed to: That standing and sessional orders be suspended to allow a motion to be moved forthwith that Private Members' Business Item No. 231 outside the Order of Precedence relating to an order for papers regarding the Exploration Licence—Mount Penny be called on forthwith. Order of Business Motion by the Hon. Duncan Gay agreed to: That Private Members' Business item No. 231 outside the Order of Precedence be called on forthwith. MOUNT PENNY EXPLORATION LICENCE Production of Documents: Order Motion by the Hon. Duncan Gay agreed to: That, under Standing Order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution all documents in the possession, custody or control of the Premier, the Department of Premier and Cabinet, the Minister for Mineral Resources and Minister for Primary Industries, the Department of Industry and Investment, the Treasurer, NSW Treasury, in relation to Exploration Licence 3771 (now Exploration Licence 7406)—Mt Penny, including any document relating to the tender process, and any document which records or refers to the production of documents as a result of this order of the House. QUESTIONS The Hon. ROY SMITH [11.12 a.m.]: I move: That, for the remainder of the present session and unless otherwise ordered, questions with and without notice may only be put by non-government members. I move this motion in good faith and in a sincere attempt to improve the functioning of this House. Question Time in Parliament has a long history, and it is generally accepted that the first recorded questions occurred in the House of Lords in 1721. The procedure for asking questions developed slowly in the House of Commons with the practice of giving the Minister notice of a question by printing it in the Notice Paper beginning in 1833. Our rules and conventions are modelled closely on the British practice—and the asking of questions without notice is a relatively recent event. Over the years various parliaments in Australia have amended their standing orders to provide for question time. In this place we have imposed a one-minute limit on the time a member has to ask a question and answers by Ministers are limited to four minutes. However, I believe that as the years have progressed question time has been politicised to the point that it no longer reflects its original function. Erskine May stated. Question Time is not a time for debate, but one for seeking information. Questions should therefore be short, to the point and relate to the responsibilities of the Minister concerned. Questions must not contain unnecessary detail, or contain arguments, expressions of opinion, inference or imputations or offensive expressions … Unfortunately, speaking as a relatively new member of this place, of all the proceedings of this House, question time is that period of the day when the intensity of partisan politics is most clearly manifested. The purpose of questions, as I said, should be to seek information or press for action, but because public and media attention focuses mainly on question time questions are seen and used as political opportunities for scoring cheap points. It is a fact: Opposition members focus their questioning on matters which they hope will embarrass the Government and Ministers then filibuster with answers that are generally of little or no relevance to the question. Perhaps the greatest misuse of question time is the daily routine whereby the Government Whip distributes to various backbenchers the day's Dorothy Dixers, the ministerial responses for which are self-congratulatory pieces of oratory excellence written by talented ministerial staff who have perfected the art of writing speeches that precisely fill the allotted four minutes permitted for each answer. 19450 LEGISLATIVE COUNCIL 12 November 2009 For example, on 27 and 28 October in this place the Government used up nearly 70 per cent of question time in answering Dorothy Dixers, taking up nearly the full four minutes available for each answer. But when answering questions from Opposition and the crossbench members, the replies were brief and generally dismissive—hardly the original intention of having a question time. In looking at this issue I have found that I am not alone in being concerned about current trends and practices in regard to question time. There are similar concerns in parliaments across the country and indeed in Canberra. Five years ago the Canberra Times ran an editorial which is just as relevant today as it was then. It was calling for major reform of question time in the Federal Parliament. I will quote some passages from it. It refers to Canberra but I am sure it will also resonate in this place. The article stated: Question time—once one of the glories of Westminster accountability and responsibility—has become a joke—so far as the capacity of legislators to hold the executive Government to account.
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