11760 LEGISLATIVE COUNCIL AND LEGISLATIVE ASSEMBLY Thursday 21 October 2004 ______ JOINT SITTING TO ELECT A MEMBER OF THE LEGISLATIVE COUNCIL The two Houses met in the Legislative Council Chamber at 3.55 p.m. to elect a member of the Legislative Council in the place of Reverend the Hon. Frederick John Nile, resigned. The Clerk of the Parliaments read the message from the Governor convening the joint sitting. The PRESIDENT: I am now prepared to receive proposals with regard to an eligible person to fill the vacant seat in the Legislative Council caused by the resignation of Reverend the Hon. Frederick John Nile. Reverend the Hon. Dr GORDON MOYES: I propose Frederick John Nile as an eligible person to fill the vacant seat of Reverend the Hon. Frederick John Nile in the Legislative Council, for which purpose this joint sitting was convened. I propose that Frederick John Nile be elected as a member of the Legislative Council to fill the vacancy in the Legislative Council caused by the resignation of Reverend the Hon. Frederick John Nile. I indicate to the joint sitting that if Frederick John Nile were a member of the Legislative Council, he would not be disqualified from sitting or voting as such a member, and that he is a member of the same party, the Christian Democratic Party, as Frederick John Nile was publicly recognised by as being an endorsed candidate of the party and who publicly represented himself to be such a candidate at the time of his election at the seventh periodic council election held on 27 March 1999. I further indicate that the person being proposed would be willing to hold the vacant position if chosen. I would like to speak briefly to this gathering. It gives me pleasure to nominate Reverend the Hon. Fred Nile to fill the casual vacancy. There is no more experienced legislator likely to come into this House. Fred's 23 years of experience, including being the Chair and Deputy Chair of important general purpose standing committees, and Chair of the Standing Committee on Parliamentary Privilege and Ethics, stand him in good stead. However, this former Father of the House comes in as the most junior member of the House. The mantle of Father of the House still rests upon the shoulders of the Hon. Michael Egan. I have explained to Fred the finer details of being a new member, including the fact that I take milk, no sugar. Last night at the adjournment of this House I attended a meeting of the Parliamentary Armenian Friendship Group, organised by Gladys Berejiklian, who advised us all of the contribution made by outstanding Armenian writers, artists and distinguished statesmen. It seemed to me that so many people are of Armenian descent in the public arena, and I was waiting to hear that that included American presidential candidate George W. Bushian! Immediately after that function I turned on my office television to hear Ms Sylvia Hale, lately called out of the Chamber by an attack of nature, attacking the Government for allowing the rules of the House to be manipulated to facilitate Reverend Fred Nile. The Hon. Michael Egan responded to Ms Sylvia Hale's comments by reminding the House that the Christian Democratic Party [CDP] alone may nominate a candidate to fill this vacancy. At a properly constituted council meeting of the CDP Reverend Fred Nile was unanimously elected as our nomination to fill the vacancy. During Ms Sylvia Hale's speech, Ms Lee Rhiannon interjected, asking, "What about Reverend Dr Ross Clifford, college principal and radio broadcaster?" I am pleased to report to the House that the CDP council requested Reverend Fred Nile to stand as our number one candidate for the Senate. If Reverend Fred Nile was successful, Reverend Dr Ross Clifford would have been our nomination to fill the casual vacancy in this House, but if Reverend Fred Nile was unsuccessful, we would ask him to accept the nomination to fill the seat he vacated and to conclude the term for which he was previously elected. As it happened, Fred's preferences on the last distribution enabled the sixth Senate seat to go to Senator Michael Forshaw. Nothing gives me greater pleasure than to ask this joint sitting of the Houses to demand that Fred Nile hand in his former member's badge, unless it be also to ask that that we do the same for the Hon. Elaine Nile. The Hon. MICHAEL EGAN: Notwithstanding the theological and ideological differences between Fred and me, I am pleased to second the motion. 21 October 2004 LEGISLATIVE COUNCIL 11761 The PRESIDENT: Does any other member desire to propose any other eligible person to fill the vacancy? As only one eligible person has been proposed and seconded, I declare that Frederick John Nile is elected as a member of the Legislative Council to fill the seat previously vacated by him. I declare the joint sitting closed. The joint sitting closed at 4.04 p.m. _______________ 11762 LEGISLATIVE COUNCIL Thursday 21 October 2004 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 11.00 a.m. The Clerk of the Parliaments offered the Prayers. GENERAL PURPOSE STANDING COMMITTEE NO. 5 Report: Murrumbidgee College of Agriculture Mr Ian Cohen, as Chair, tabled report No. 21, entitled "Murrumbidgee College of Agriculture", dated October 2004, together with transcripts of evidence, tabled documents, submissions and correspondence. Report ordered to be printed. Mr IAN COHEN [11.02 p.m.]: I move: That the House take note of the report. Debate adjourned on motion by Mr Ian Cohen. PETITIONS Gaming Machine Tax Petition opposing the decision to increase poker machine tax, received from the Hon. Rick Colless. Oath of Allegiance Petition praying that the oath of allegiance to Her Majesty the Queen be retained in the pledge of loyalty by members of the Parliament of New South Wales and by Ministers of the Crown, received from the Hon. David Clarke. BUSINESS OF THE HOUSE Postponement of Business Private Members' Business item No. 6 in the Order of Precedence postponed on motion by the Hon. Catherine Cusack. BUSINESS OF THE HOUSE Suspension of Standing and Sessional Orders The Hon. MICHAEL GALLACHER (Leader of the Opposition) [11.07 a.m.]: I move: That standing and sessional orders be suspended to allow a motion to be moved forthwith that Private Members' Business item No. 126 outside the Order of Precedence, relating to an order for papers regarding Operation Auxin, be called on forthwith. The House divided. Ayes, 21 Mr Breen Ms Hale Mr Ryan Dr Chesterfield-Evans Mr Jenkins Mr Tingle Mr Clarke Mr Lynn Dr Wong Mr Cohen Reverend Dr Moyes Mrs Forsythe Mr Oldfield Mr Gallacher Ms Parker Tellers, Miss Gardiner Mr Pearce Mr Colless Mr Gay Ms Rhiannon Mr Harwin 21 October 2004 LEGISLATIVE COUNCIL 11763 Noes, 15 Ms Burnswoods Ms Griffin Mr Tsang Mr Catanzariti Mr Hatzistergos Mr Costa Mr Macdonald Mr Della Bosca Mr Obeid Tellers, Mr Egan Mr Roozendaal Mr Primrose Ms Fazio Ms Tebbutt Mr West Pairs Ms Cusack Mr Kelly Mrs Pavey Ms Robertson Question resolved in the affirmative. Motion agreed to. Order of Business Motion by the Hon. Michael Gallacher agreed to: That Private Members' Business item No. 126 outside the Order of Precedence be called on forthwith. CHILD PORNOGRAPHY PROSECUTIONS The Hon. MICHAEL GALLACHER (Leader of the Opposition) [11.16 a.m.]: I move: That under Standing Order 52, there be laid upon the table of the House within seven days of the date of the passing of this resolution, and made public without restricted access, any advice provided to any Minister or government agency by the Solicitor General, Crown Solicitor or the Crown Advocate relating to Operation Auxin, together with any document which records or refers to the production of documents as a result of this order of this House. The Hon. John Hatzistergos: Point of order: I draw attention to Standing Order 53, which states: The production of documents concerning: (a) the royal prerogative, (b) dispatches or correspondence to or from the Governor, or (c) the administration of justice will be in the form of an address presented to the Governor requesting that the document be laid before the House. In accordance with your previous rulings concerning matters pertaining to Standing Order 53 the request that is being made by the Leader of the Opposition for the production of documents should be made under that standing order, not under Standing Order 52. Therefore, I request that the motion be ruled out of order and that the honourable member be requested to rephrase his call for papers under Standing Order 53, which should be on a petition to the Governor. The Hon. MICHAEL GALLACHER: To the point of order: I remind the Government that on a number of occasions in recent times, under the former and existing Standing Order 52, advice from the Crown Solicitor concerning accountability for the Minister has, in fact, been tabled in this House. I remind the Government that in debate on the Terrorism (Commonwealth Powers) Bill on 4 December 2002 the former Minister for Police, the Hon. Michael Costa, tabled, by leave, advice from the Crown Solicitor concerning the accountability of the Minister following a resolution of this House. I also remind the Treasurer that he tabled advice from the Crown Solicitor in debate on the Public Finance and Audit Amendment (Auditor-General) Bill on 16 October 2001, once again following a resolution of this House, not as the Minister for Justice has identified but under the pre-existing Standing Order 52.