Disorder outside formal proceedings
Background
The President referred the following matter to the
committee:
The adequacy of Senate orders and
practices to deal with disorderly conduct occurring in the Senate chamber,
which does not form part of formal proceedings and is not raised in the Senate
at the time.
The President noted that the matter arose from the exchange
between two senators on 28 June 2018, about which he made a statement when the
Senate resumed on 13 August. A copy of the correspondence, incorporating the
President’s statement, is shown at appendix 1.
Discussion
The committee endorsed the approach taken by the President
in this matter and his statement. In particular, the committee strongly
endorsed the President’s observations:
... I ask senators to consider the
following. This chamber is the prime deliberative chamber of the parliament. It
is far better that positive attention is attracted by our words and
contributions to debate. On several occasions in recent times, this has not
been the case. The standing orders and rules of this place are limits, not
guides. Just because something can be said or done does not mean it should be.
Common decency cannot be codified. It depends on all of us considering the
impact of our behaviour on others. While this workplace isn't like a normal
one, it is still a place where we all must work together, even across issues of
profound disagreement. We also work with officials and staff, and we should
consider the impact of our behaviour on them.
This is rightly a place of
vigorous debate, but personal abuse has no place in this chamber, particularly
if it targets personal attributes, such as race or gender—nor does the use of
abusive epithets or labels. The use of such language does nothing to facilitate
the operation of a chamber and free debate within it, and we are all capable of
vigorously arguing our case without resort to it. I intend to take a strict
line on the use of such language, to uphold the dignity of the chamber and to
ensure it is a place where all senators representing the people of their states
and territories are able to freely contribute to debate and deliberations.
The committee noted the technicality that the exchanges
which led to the statement occurred outside of the formal proceedings of the
Senate. As the President noted, this does not mean that such exchanges cannot
be dealt with by the chair in accordance with the standing orders. However, the
committee agreed that it was generally undesirable to change the basis for
dealing with disorder. Standing order 197 requires points of order to be raised
at the time of the incident to which they relate, ensuring those involved are
in the Senate when the matter is addressed. The committee agreed to draw
senators’ attention to this requirement, but also recognised that a senator may
not be in a position to draw interjections or other disorderly conduct to the
attention of the Chair at the time in all circumstances.
The committee also reminds senators that any senator may
raise points of order, including in relation to matters they have observed but
not been directly involved in. Finally, the committee reminds senators that
they have the capacity to make personal explanations, by leave, under standing
order 190. This presents an opportunity to deal with such matters outside the
strictures of the process for determining points of order.
Senator Sue Lines
Chair
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