Report relating to a printed reference and an article published in the Sydney Daily Mirror of Wednesday, QR1 together with Minutes of Proceedings and Minutes of Evidence of the Committee The Commonwealth Government Printer Canberra 1982 (0} Commonwealth of Australia 1982 ISBN 0 642 07023 7 Printed by Authority by the Commonwealth Government Printer Chairman—Mr D. M. Cameron, M.P. Mr R. J. Birney, M.P. Mr A. W. Jarman, M.P, Mr M. J. Duffy, M.P.1 Mr B. O. Jones, M.P. Hon. W. M. Hodgman, M.P.2 Mr P. C. Millar, M.P. Mr A. C. Holding, M.P. Mr J. R. Porter, M.P. Mr R. Jacobi, M.P. Mr G. G, D. Scholes, M. Secretary—Mr L. M. Barlin 1, Nominated by the Deputy Leader of the Opposition to serve in his place during this inquiry. 2. Nominated by the Leader of the House to serve in his place during this inquiry. Ill Extracts from Votes and Proceedings vii Report 1 Dissenting Reports— Mr M. J. Duffy, M.P. and Mr B. O. Jones, M.P 13 Mr R. J. Birney, M.P., Mr A. C. Holding, M.P. and Mr R. Jacobi, M.P. 18 Mr G. G. D. Scholes, M.P 20 Minutes of Proceedings 21 Appendixes I Memorandum by the Clerk of the House of Representatives 32 II Minutes of evidence of the Committee 60 III Draft Bill—Offences against the Parliament Bill 1934 89 PRIVILEGE: Mr Ruddock raised a matter of privilege based on a printed reference and an article by Mr L. Oakes relating to Members of the Commonwealth Parliament appearing on pages 1 and 9, respectively, of the Daily Mirror of 2 September 1981. Mr Ruddock produced a copy of the Daily Mirror containing the material and gave the name of the printer and publisher of that newspaper. Mr Speaker stated that he had formed the opinion that there was a prima facie breach of privilege and stated that he would exercise his discretion not to give the matter precedence immediately but would allow Mr Ruddock time to consider the form of motion he might wish to move. Privilege— Material in Daily Mirror—Reference to Committee, of Privileges (See entry No. 4): Mr Ruddock moved—That the matter of the printed reference and the article by Mr L. Oakes relating to Members of the Commonwealth Parliament appearing on pages 1 and 9, respectively, of the Sydney Daily Mirror of Wednesday, 2 September 1981, be referred to the Committee of Privileges. Debate ensued. Question—put. The House divided (the Speaker, Sir Billy Snedden, in the Chair)— A YES, 75 Mr Adermann Mr Cowan Mr Humphreys Mr Morris Mr Baume Mr Cross Mr Hunt Mr Morrison Mr Birney Mr Cunningham Mr Hyde Mr Mountford Mr Bourchier Mr Dean Mr Jacobi Mr Newman Mr Bowen Mr Dobie Mr Jarman MrO'Keefe MrBradfield Mr Drummond MrC. K.Jones Mr Porter Mr Braithwaite Dr Everirsgham MrJull Mr Ruddock Mr N. A. Brown Mr Fife Mr Killer* Mr Sainsbury Mr Bungey Mr Fisher Dr Klugman Mr Schoies Mr Burr Mr Fry Mr Lloyd Mr Shack Mr Cadman Mr Giles Mr Lusher Mr Shipton Mr D. M. Cameron Mr Groom Sir Phillip Lynch Mr Street Mr E. C, Cameron Mr Harris Mr MacKellar MrTambling Mr Hawkc Mr MacKenzie Mr Thomson Mr I. M. D. Cameron Mr Hicks Mr McLean Mr Tuckey MrCarlton Mr Hodges* Mr J. L. McMahon* Mr Viner Mr Chapman Mr Hodgman Sir William McMahon Mr White Mrs Child Mr Holding Mr McVeigh Mr Wilson Mr Coleman Mr Howard Mr Millar Mr Connolly NOES, 27 Mr Armitage* Mr Dawkins Mr B. O. Jones Mr Spender Mr Beazley Mr Dulfy Mr Kent Dr Theophanous Dr Blewett Mr Free Mr Kerin Mr Uren Mr R. J. Brown Mr Goodluck Mr Mildren Mr Wailis Mr Campbell Mr Hail Mr Peacock* Mr West Mr Charles Mr Howe Mr Rocher Mr Willis Mrs Darling Mr Johnson Mr Scott * Tellers And so it was resolved in the affirmative. (Note: Pairs are not recorded in the Votes and Proceedings. For details of Pairs arranged for this division, see page 59}. vii 8 COMMITTEE OF PRIVILEGES: Mr Speaker informed the House that, during consideration of the matter referred to the Committee of Privileges on 8 September 1981, the Leader of the House and the Deputy Leader of the Opposition had nominated Mr Hodgman (Minister for the Capita! Territory) and Mr Duffy, respectively, to serve in their places as members of the Committee. 10 COMMITTEE OF PRIVILEGES: Mr Sinclair (Leader of the House), by leave, moved—That the Committee of Privileges, when considering the matter referred to it on 8 September 198!, have power to send for persons, papers and records. Question—put and passed. vin i. The Committee of Privileges to which was referred the matter of the complaint made in the House of Representatives on 8 September 1981 relating to a printed reference and an article by Mr L. Oakes published in the Sydney Daily Mirror newspaper of 2 September 1981 has agreed to the following report. 2. On 8 September 1981 Mr P. M. Ruddock, M.P. raised a matter of privilege based on a printed reference published on page 1 of the first edition and an article published on page 9 of all editions of the Daily Mirror of Wednesday, 2 September 1981. On page 1 of the first edition the printed reference was preceded by a heading 'MPs SLUDGERS, DRUNKS!' and the article on page 9 by the heading 'Bludgers on the back bench'. Mr Speaker informed the House that under the rules of privilege this was a contempt of the Parliament and therefore a prima facie breach of privilege. In doing so Mr Speaker stated that he would exercise his discretion and not give the matter precedence at that moment but would allow the Member to consider, perhaps in consultation with other Members of the House, a form of motion which might dispose of the matter that day. Subsequently Mr Ruddock moved that the matter be referred to the Committee of Privileges and the motion was debated and agreed to on division by 75 votes to 27, 3. The printed reference and article published in the Daily Mirror are reproduced in Appendix A and the relevant extracts from Hansard in Appendix B of the Memorandum of the Clerk of the House of Representatives annexed to this report. Powers, Privileges and Immunities of the House of Representatives, and of its Members 4. Section 49 of the Commonwealth of Australia Constitution Act provides that: The powers, privileges, and immunities of the Senate and of the House of* Representatives, and of the members and the committees of each House, shall be such as are declared by the Parliament, and until declared shall be those of the Commons House of Parliament of the United Kingdom, and of its members and committees, at the establishment of the Commonwealth. 5. The Parliament has not declared its powers, privileges and immunities except in relation to a few relatively minor powers, viz.: Parliamentary Papers Act—protection of Government Printer and others; Parliamentary Proceedings Broadcasting Act—protection of Australian Broad- casting Commission; Public Accounts Committee Act and Public Works Committee Act—privileges of, and protection of, witnesses who appear before these Committees; and Jury Exemption Act—exemption from jury service of members and certain officers. The Parliament is, therefore, strictly limited to the powers, privileges and immunities of the United Kingdom House of Commons as at 1 January 1901, being the date of establishment of the Commonwealth. 6. In considering the matter referred to it, the Committee had recourse to the practice and precedents of the House of Commons and of the House of Representatives itself. Relevant cases and precedents are included in the Memorandum of the Clerk of the House of Representatives attached as Appendix i to this report. 1 7. The House of Commons has often had to deal with contempts caused by reflections upon it or its Members. On a number of occasions in the last 25 years, matters have been referred to its Committee of Privileges (see pages 37-42 of the Memorandum of the Clerk of the House). The particular rules in/espect of this type of contempt are set out in the following extracts from Erskine May's Parliamentary Practice (39th edition) published in 3976: In 1701 the House of Commons resolved that to print or publish any books or libels reflecting on the proceedings of the House is a high violation of the rights and privileges of the House, and indignities offered to their House by words spoken or writings published reflecting on its character or proceedings have been constantly punished by both the Lords and the Commons upon the principle that such acts tend to obstruct the Houses in the performance of their functions by diminishing the respect due to them. Reflections upon Members, the particular individuals not being named or otherwise indicated, are equivalent to reflections on the House. {May 19, pp. 144-5) Analogous to molestation of Members on account of their behaviour in Parliament are speeches and writings reflecting upon their conduct as Members. On 26 February 1701, the House of Commons resolved that to print or publish any libels reflecting upon any member of the House for or relating to his service therein, was a high violation of the rights and privileges of the House. Written imputations, as affecting a Member of Parliament, may amount to breach of privilege, without, perhaps, being libels at common law, but to constitute a breach of privilege a libel upon a Member must concern the character or conduct of the Member in that capacity.