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Legislative Assembly Hansard 1957

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Legislative Assembly Hansard 1957 Queensland Parliamentary Debates [Hansard] Legislative Assembly TUESDAY, 11 JUNE 1957 Electronic reproduction of original hardcopy Queensland Parliamentary Debate~. 'llegislative Rssembl\?. SECOND SESSION OF THE THIRTY-FOURTH PARLIAMENT. Appointed to m""'t AT BRISBANE ON THE ELEVENTH DAY OF JUNE, IN THE SIXTH YEAR OF THE REIGN OF HER MAJESTY QUEEN ELIZABETH 11., IN THE YEAR OF OUR LORD 1957. TUESDAY. 11 JUNE. 1957. PANEL OF TEMPORARY CHAIRMEN. Mr. SPEAKER: Pursuant to the require­ ments of Standing Order No. 13, I nominate OPENING OF PARLIAMENT. the following members to form the panel of temporary Chairmen for the present Pursuant to the proclamation by His Session:- Excellency the Administrator, dated 14 May, Gregory Brian Kehoe, Esquire, member 1957, appointing Parliament to meet this day for the electoral district of Nash; for the dispatch of business, the House met at 12 o'clock noon in the Legislative Thomas Flood Plunkett, Esquire, mem­ Assembly Chamber. ber for the electoral district of Darlington. The Clerk of the Parliament read the Alfred J ames Smith, Esquire, member proclamation. fQr the electoral district of Carpentaria; Harold Bourne Taylor, Esquire, member COMMISSION TO OPEN PARLIAMENT. for the electoral district of Clayfield; Mr. SPEAKER acquainted the House that John Albert Turner, Esquire, member His Excellency the Administrator, not being for the electoral district of Kelvin Grove. able conveniently to be present in person this day, had been pleased to cause a com­ MINISTERIAL STATEMENT_ mission to be issued under the public seal of the State, appointing him and the Chairman CHANGES IN MINISTRY. of Committees, or either of them, Commis­ 'Si.oners in order to the opening and holding Hon. V. C. GAIR (South Brisbane­ of the present session of Parliament. Premier) (12.6 p.m.): I desire to inform the House that on 7 May, 1957, His The Clerk of the Parliament read the Excellency the Administrator of the Govern­ commission. ment accepted the resignation of the Hon. Mr. SPEAKER, as the Senior Commis­ John Edmund Duggan as a member of the sioner, said: Hon. members, we have it in Executive Council of Queensland, and as Command from the Administrator of the Mi!J.ister for Transport, both resignations to Government of Queensland to communicate take effect as from 29 April, 1957. to you that Parliament has been summoned On the same date, His Excellency appoin­ to meet this day to consider the granting of ted Thomas Moores, Esquire, to be a mem­ Supply to Her Majesty and such other ber of the Executive Council of Queensland matters as may be brought before you, that and Minister for Transport. the customary Speech will not be delivered <tt the Opening of this, the Second Session I lay upon the table of the House a copy of the Thirty-fourth Parliament of Queens­ of the Government Gazette Extraordinary land, and that nevertheless it is His containing the relevant notifications. Excellency's desire that you proceed forth­ Whereupon the hon. gentleman laid the with to the consideration of the afore­ Government Gazette Extraordinary upon the mentioned business. table. 1957-B 2 Leadership of Opposition. [ASSEMBLY.] Leadership of Opposition. GOVERNMENT PARTY. Some doubt has arisen as to which party in opposition has the greatest numerical WHIP AND SECRETARY. strength in this House. In view of the composition of the three parties, namely, the Hon. V. C. GAIR (South Brisbane­ Liberal Party with eight members, the Premier) (12.7 p.m.): I desire to inform Country Party with 16 members and the the House that Vivian Joseph Northcote Australian Labour Party with 24 members, Cooper, Esquire, has been appointed Whip I have decided that the Australian Labom of the Government Party and Alexander Party is the party with the greatest numerical James Skinner, Esquire, Secretary of that Party. strength in opposition to Her Majesty's Government. LEADER OF AUSTRALIAN LABOUR Mr. NICKLIN (Landsborough-Leader PARTY. of the Opposition) (12.11 a.m.) : I am of the opinion that your ruling is a wrong one .Mr. DUGGAN (Toowoomba) (12.8 p.m.): and cannot be substantiated. I ask the leave I desire to inform the House that at a meet­ of the House to move a motion without notice. ing of the Queensland Branch of the Aus­ tralian Labour Party held on Tuesday, Mr. SPEAKER: Before I deal with the 30 April, 1957, I was elected Leader of that request of the Leader of the Opposition, Party, the hon. member for Mt. Gravatt, let me state for the benefit of hon. members Dr. Dittmer, was appointed Deputy Leader, a Standing Order of this House. the hon. member for Bremer, Mr. Donald, JU:r. Aikens: One you made up yourself. was appointed secretary of the Party, and the hon. member for Hinchinbrook, Mr. Mr. SPEAKER: Order! This is not a Jesson, was appointed Whip. time to be facetious. We are dealing with serious busi,ness and I suggest that the LEADERSHIP OF OPPOSITION. hon. member might take a serious view of the matter and not engage in levity. Mr. NIOKLIN (Landsborough-Leader Mr. Aikens: You listen to me later on of the Opposition) (12.9 p.m.): I rise to a and see whether I am serious or not. point of order. The hon. member for Toowoomba has made a statement in regard Mr. SPEAKER: Order! Under Standing to the Party that he represents. I think the Order No. 333 the Chair is empo" ered to House is entitled to know whether that state­ apply the rules of the House of Commons in ment means exactly what he said, or whether such cases where our Standing Orders are there is some implication claiming the leader­ silent. I have not given a ruling. I have ship of the Opposition. I should also like applied Standing Order No. 333. That to know, do you, as Speaker, intend to take Standing Order says, and I quote it for the any action that may involve the office of benefit of all members- Leadership of the Opposition in this House~ '' In all cases not specially provided for by these Standing Rules and Orders or by .Mr. SPEAKER: Hon. members, in reply Sessional or other Orders, resort shall be to the questions asked by the Leader of the had to the Rules, Forms, and Usages of Opposition, I should like to say to the hon. the Commons House of the Imperial gentleman that as our Constitution Acts and Parliament of Great Britain and Ireland the Standing Orders do not set out which for the time being, which shall be followed member shall be recognised as the Leader of and observed so far as the same can apply the Opposition we have to resort to the pro­ to the proceedings of the House.'' cedure of the House of Commons. I :find that section 10 of the Ministers of the I have taken the opportunity to provide· Crown Act, 1937 provides:- myself with a copy of the Public General Acts and Measures in regard to this matter. '' 10. Leader of the Opposition means I shall read again for the benefit of all that member of the House of Commons members what those Acts say- who is for the time being the Leader in '' The Leader of the Opposition means that House of the party in opposition to that member of the House of Commons whO> His Majesty's Government having the is for the time being the leader in that greatest numerical strength in that House; House of the party in opposition to His "If any doubt arises as to which is or Majesty's Government having the greatest was at any material time the party in numerical strength in that House.'' opposition to His Majesty's Government This House has no Standing Order to rely having the greatest numerical strength in on in connection with the matter and where the House of Commons, or as to who is or our Standing Orders are silent we resort to was at any material time the leader in the rules, forms and usages of the House that House of such a party, the question of Commons. That is what I am doing. I shall be decided for the purposes of this have resorted to usages of the House of· Act by the Speaker of the House of Com­ Commons in conformity with our Standing mons, and his decision, certified in writing Order No. 333. If this position had arisen under his hand, shall be ffnal and con­ in the House of Commons the decision cf· clusive.'' Mr. Speaker wo1.tld have been binding and Leadership of Opposition. [11 JuNE.] Leadership of Opposition. 3 :final. If the hon. gentleman wishes to go Mr. NICKLIN: It is your opinion? outside the rules, forms and usages of the House of Commons and the Standing Orders :il'Ir. SPEAKER: Yes. of this House, it is for this House to decide. Mr. NICKLIN: Then I disagree with If the hon. gentleman wishes to move his your opinion. You are taking away from motion I will receive a copy of it from him. the House a right that is ours. Mr. WALSH: I rise to a point of order. Mr. SPEAKER: Order! The hon. mem­ Did I understand you, Mr. Speaker, to say ber will not charge the Chair with anything that you quoted from an Act of the House such as that. The House has given him the {)f Commons passed in 1937 ~ right to move a motion without notice. I have Mr. SPEAKER: I quoted from the Public stated the case as it appears to me. I have General Acts and Measures, 1936-37.
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