No. 10 - Matters of public importance and urgency
Each
day in the routine of business there is an opportunity under standing order 75 for senators to discuss a matter of public importance or debate
a matter of urgency. This
opportunity arises after “Discovery of formal business” on Mondays, Tuesdays
and Wednesdays and after “Motions to take note of answers” on Thursdays.
What’s the
difference?
The
difference is a procedural one. A matter
of public importance (MPI) is proposed
to the Senate for discussion. There is no question before the chair so no
vote is taken at the end of the discussion.
A matter of urgency, however, takes the form of a motion:
That in the opinion of the Senate
the following is a matter of urgency:
[the matter of urgency is then specified]
The
motion, moved without notice, is debated and the question is put at the end of
the debate or when the time allowed for the debate expires.
How many senators are
required to support an MPI or urgency motion?
At
the appropriate point in the program, the President reports the receipt of an
MPI or urgency motion. Five senators are
required to support an MPI or urgency motion—the proposer or mover and 4 other senators. Senators indicate support by standing in
their places. In this way a matter which
is regarded by 5 or more senators as warranting immediate debate may be debated
or discussed without the usual requirement for notice.
How are MPIs or urgency motions
submitted?
Under
standing order 75 proposals are delivered in writing to the President after 8.30am but not later than 12.30pm on a sitting day.
Proformas for these proposals are published in the Pocket Guide to Senate Procedure or on the internet on the Senate
at Work page, under the heading For Senators: procedural proformas.
The proposal must be signed by the senator concerned and delivered in
hard copy to SG.105.
If
more than one proposal is submitted, the first proposal received is reported by
the President. If more than one proposal
is submitted simultaneously, the proposal to be reported is determined by lot,
with the proposal that remains in
the ballot box being the one that is reported by the President.
Proposals
may be withdrawn by the proposer at the time the President reports them or at
any time beforehand.
Time limits
The
time available for an MPI or urgency motion varies according to the
circumstances. Normally, 60 minutes are
set aside for the discussion or debate but if no motions to take note of
answers are moved after Question Time, 90 minutes are available.
Individual
speaking times are 10 minutes although this is commonly varied by agreement
beforehand and with the leave of the Senate (unanimous consent of all senators
present). If speaking times are varied
by leave, the clerks are instructed to set the timing clocks accordingly.
Subject matter
Proposals
for MPIs and urgency motions are accepted if they relate to matters of
Commonwealth ministerial responsibility.
They provide an opportunity to debate or discuss topical issues of
public policy and government performance.
Can they be amended?
An
MPI may not be amended because it is not a motion. An urgency motion may not be amended unless
standing orders are first suspended (see Brief Guide No. 5—Suspension of Standing Orders)
or unless leave is given. Any debate on the suspension of standing
orders is included in the time available for the debate. If the total time available expires before
the question on the suspension of standing orders is put, the suspension motion
lapses and only the main question (on the urgency motion) is put.
What is the effect of an
urgency motion?
A
vote on an urgency motion is a vote on whether the matter is a matter of
urgency. The vote is often regarded,
however, as a vote on the substantive matter.
The motion may therefore be cast in terms that make it difficult for a
party to vote one way or the other on the motion. Odgers’ Australian Senate Practice, 11th edition,
page 187 gives the following example:
...if the motion is to declare that the level of unemployment
is a matter of urgency, a vote on the motion is regarded as a test of the
Senate’s attitude to the level of unemployment.
If the party supporting the ministry votes against the motion this may
be regarded as an expression of indifference to unemployment, but if the party
votes for the motion this may be regarded as a confession of ministerial
failure.
If
an urgency motion is agreed to, any senator may move, without notice under standing order 154, that the resolution be
transmitted by message to the House of Representatives for its concurrence.
Need assistance?
For
assistance with any of the matters covered by this brief, contact the Clerk
Assistant (Table) (government senators and their staff) on extension 3020, or
Clerk Assistant (Procedure) (non-government senators and their staff) on extension
3380.
February
2005
This publication is available electronically at http://www.aph.gov.au/senate/pubs/guides/index.htm
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