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Hansard 9 Jul 1996

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Hansard 9 Jul 1996 9 Jul 1996 Privilege 1341 TUESDAY, 9 JULY 1996 PRIVILEGE Procedure for Raising Matters Mr SPEAKER: Honourable members, I Mr SPEAKER (Hon. N. J. Turner, Nicklin) wish to take this opportunity at the read prayers and took the chair at 9.30 a.m. recommencement of the session to make a statement about the correct procedure to be adopted when raising a matter of privilege. ASSENT TO BILLS Under Standing Order 115, any member Mr SPEAKER: Order! I have to inform may rise in the House at any time to speak the House that I have received from Her upon a matter of privilege suddenly arising. Excellency the Governor a letter in respect to The test applied in the House of Commons is assent to certain Bills, the contents of which that the matter raised requires the immediate will be incorporated in the records of attention of the House. Examples of this would Parliament— be obstruction to the business before the House, or a contempt committed in the 23 May 1996 House, which must be dealt with immediately. Local Government (Robina Town Centre In the Queensland Parliament on 2 Planning Agreement) Amendment Bill; December 1929, Speaker Taylor ruled that a Plant Protection Amendment Bill; matter occurring the previous evening does not come within the Standing Order as it is Stamp Amendment Bill; insufficiently sudden. On 11 September 1973, Environmental Protection Amendment Bill; Speaker Lonergan held that a question of Primary Industries Legislation Amendment privilege must be raised at the time it occurs. Bill; A member in raising and stating a matter Suncorp Insurance and Finance of privilege may speak on the question of Amendment Bill. privilege involved, but if the matter is to be debated a member must be prepared to move a motion without notice either— ELECTORAL DISTRICT OF LYTTON (a) declaring a contempt or breach of Resignation of Member privilege has been committed; or Mr SPEAKER: I have to report that I (b) referring the matter to the Committee have received the following letter from the of Privileges. Honourable Thomas James Burns, member It has been the practice of the House that, for for the electoral district of Lytton— the purposes of moving either of these "31 May 1996 motions, no seconder is required. The usual Mr N Turner practice has been for a motion proposing that Speaker the matter raised be referred to the Privileges Parliament House Committee. Alice Street Even if the Speaker is of the opinion that BRISBANE QLD 4001 a prima facie case has not been made out, Dear Mr Turner, members have in the past still been permitted by the Chair to move a motion without notice I write to advise you of my retirement from to have the matter referred to the Privileges the Parliament as of midnight on Friday, Committee. 31 May 1996. By report dated March 1979, the With best wishes, Privileges Committee of the Queensland (Sgd) Legislative Assembly made the following Tom Burns observations in relation to the raising of matters of privilege— MEMBER FOR LYTTON" "The Committee has considered the general question of raising of matters of REGISTER OF MEMBERS' INTERESTS privilege in the House and has decided a Report better system could be implemented. The Committee recommends that Standing Mr SPEAKER: I lay upon the table of Order 115 should remain for members the House the eighth report of the Register of who feel aggrieved and who must raise Members' Interests. the matter publicly and suddenly arising. 1342 Motion of Condolence 9 Jul 1996 But for all other Members, the following gentleman the above resolution, practice should be followed: together with an expression of the (a) A Member should write to Mr sympathy and sorrow of the Speaker stating the matter; members of the Parliament of Queensland in the loss they have (b) The Speaker may confer with the sustained." Chairman of the Committee of Privileges; Fred Graham was born on 13 May 1899 at Croydon, the son of Joseph, a fireman, and (c) The Speaker then informs the his wife, Louisa. Fred was educated in his House either— home town of Croydon until he turned 16, (i) that the matter be referred to when he went to work as a railway engine the Committee; or cleaner, this job forming the commencement (ii) that he does not intend to of his lifelong passion for the railways. In 1925 refer the matter to the he became a railway fireman, and became at Committee; the same time involved in railway union politics, culminating in his appointment as the (d) If (ii), the Member has the right to local branch secretary of the Australian move in the House that a matter be Federated Union of Locomotive Enginemen. referred to the Committee. The Committee feels that this He remained in the railways until 1943, procedure will be better than that which when he was selected as the Labor Party has operated until now, because many candidate in the Mackay by-election which matters that are raised under privilege followed the retirement of the former Premier, have nothing to do with privilege, or are William Forgan-Smith. He was successful in trivial in character. Also, members who this election, and went on to represent Mackay feel they are aggrieved must raise the through nine subsequent elections. That the matter publicly under Standing Order 115. length of his parliamentary career exceeded Members may wish to have the matter 26 years is a testament to the quality of privately assessed prima facie before they representation which he provided to the make a public issue of it. This they should residents of Mackay. Fred was, by all be encouraged to do . ." accounts, a hands-on local member who was dedicated and committed to looking after the I have decided to follow this procedure in the interests of his constituents. handling of matters relating to privilege. Fred's special interest, as I have already noted, was in the area of railways, where he PROCEDURAL REVIEW COMMITTEE was regarded as something of an authority. Report and Submissions He would frequently be found engaging in lively debate on issues as diverse as Mr SPEAKER: I also lay upon the table locomotive staffing levels or track construction of the House the Procedural Review in rural Queensland, offering the unique Committee's report on a review of the perspective of a former railway employee of Estimates committee process, and I lay upon some 27 years' standing. But it was not merely the table submissions received by the railway issues with which Fred Graham was Procedural Review Committee. I commend the concerned. He frequently spoke in this House report to the House. on a wide range of other issues, ranging from unemployment levels and mining MOTION OF CONDOLENCE developments to the sugar industry. Death of Mr F. D. Graham Fred Graham retired from Parliament in 1969 as a consequence of tragic Hon. R. E. BORBIDGE (Surfers circumstances which befell his family at that Paradise—Premier) (9.36 a.m.), by leave, time. He was remembered by those who knew without notice: I move— him as a warm and considerate man who "(a) That this House desires to place on diligently served both the electorate of Mackay record its appreciation of the services specifically and the people of Queensland rendered to this State by the late generally. In his inaugural speech, Ed Casey, Frederick Dickson Graham, a former as Fred Graham's successor in Mackay, was member of the Parliament of reflecting on Fred's service to Queensland and Queensland. reported the comment of a Parliament House (b) That Mr Speaker be requested to staffer that Fred was one of the kindest men convey to the family of the deceased they knew. This seems to have been a 9 Jul 1996 Motion of Condolence 1343 common sentiment among people who knew as an Independent, after going through some Mr Graham. Indeed, Mr Casey was later to internal matters in the Labor Party. That period experience the depth of Fred's kindness, showed the level of loyalty of Fred Graham. generosity of spirit and dedication to the I know the honourable member for people of Mackay when, to his own personal Mackay will wish to speak briefly, but I will detriment, Fred assisted Mr Casey to secure share with the House an article I read when re-election in Mackay as an Independent researching for this presentation. That article in candidate. the Daily Mercury of Friday, 2 May 1969 shows Until Fred Graham's death on 11 June a little of the character of Fred Graham. 1996, he was the oldest former member of Gordon Chalk was in Mackay campaigning for this House and the last surviving member of the local Liberal candidate. One has to admit Frank Cooper's Government from 1942 to that it was a hopeful effort on Gordon Chalk's 1946. Although Fred is not survived by his part. The story, headed "Mr Chalk heckled by wife, May, he is survived by members of an M.L.A.", states— extensive family spanning some five "There was only one interjector at the generations. On behalf of the Government Deputy Premier, Mr. Chalk's, public and Parliament, I extend my sympathy and meeting . ." that of this House to them. and that was the local member, Mr Fred Mr BEATTIE (Brisbane Central—Leader Graham. The article states— of the Opposition) (9.39 a.m.): I rise to second "Mr. Chalk was speaking in support the motion. On behalf of the Labor Party, I of the Liberal Party's candidate for wish to pass on our condolences to the family Mackay, Mr.
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