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senate vote 2023-12-07#14
Edited by
mackay staff
on
2024-04-20 16:42:24
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Title
Committees — Legal and Constitutional Affairs References Committee; Reference- Committees - Legal and Constitutional Affairs References Committee; Reference - Suspend rules to let Senator McGrath speak
Description
<p class="speaker">Anne Urquhart</p><p>At the request of Senator Green, I move:</p><p class="italic">That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 6 December 2024:</p><p class="italic">Right wing extremist movements in Australia, with particular reference to:</p><p class="italic">(a) the nature and extent of movements and persons holding extremist right wing views in Australia, with a particular focus on:</p><p class="italic">(i) the threat posed by extremist movements, including right wing extremism,</p><p class="italic">(ii) the motivations, objectives and capacity for violence of extremist groups and individuals holding such views,</p><p class="italic">(iii) links between individuals and groups with international movements,</p><p class="italic">(iv) how individuals progress to committing acts of violence, and</p><p class="italic">(v) the role of the online environment in promoting extremism;</p><p class="italic">(b) the terms and operation of the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023;</p><p class="italic">(c) measures to counter violent extremism in Australia, with particular focus on young people; and</p><p class="italic">(d) any other related matters.</p> <p class="speaker">James McGrath</p><p>by leave—I move to amend the motion as follows:</p><p class="italic">Omit "Right wing extremist movements in Australia", substitute "Ideologically motivated and religiously motived violent extremism".</p><p class="italic">Paragraph (a), omit "extremist right wing views", substitute "violently extremist views".</p><p class="italic">Omit paragraph (a)(i), substitute:</p><p class="italic">(i) the threat posed by ideologically motivated violent extremism and religiously motivated violent extremism,</p><p>I seek leave to make a short statement, for no more than one minute, before the question on my amendment is put.</p><p>Leave not granted.</p><p>I seek leave to table my statement.</p> <p class="speaker">Sue Lines</p><p>Maybe, if you show the whips.</p> <p class="speaker">James McGrath</p><p>Pursuant to contingent notice of motion standing in the name of Senator Birmingham, I move:</p><p class="italic">That so much of the standing orders be suspended as would prevent me making a statement.</p> <p class="speaker">Sue Lines</p><p>I'll get some advice from the clerk, Senator McGrath. Just so we're all clear in the chamber: you were granted leave to put the amendment, and then you sought leave to make a one-minute statement. Leave wasn't given. Because we're in formal motions, there's no opportunity to speak, so we will put the suspension. Senator Birmingham?</p> <p class="speaker">Simon Birmingham</p><p>I have a point of order on two matters, Madam President. One is perhaps to try to help the Senate. My understanding is that convention has been that where an amendment is moved a senator is granted leave to make a short, one-minute statement in relation to the amendment. So I'd encourage the government to reconsider that.</p><p>In relation to the motion Senator McGrath just moved, he had sought leave to make a one-minute statement. Being denied that, and on the basis of that, he used contingent notice standing in my name to suspend standing orders so as to enable him to make the one-minute statement.</p> <p class="speaker">Sue Lines</p><p>Yes, and what I explained to the chamber, Senator Birmingham, as you'll recall, is that during formal motions, which is where we're up to, there's no opportunity to speak to a suspension. So you can suspend, but then we immediately put the suspension question. I understand there is no leave given to make a one-minute statement. Senator McGrath, you've moved a suspension. Senator Urquhart?</p> <p class="speaker">Anne Urquhart</p><p>I'm just trying to clarify what contingency notice we are actually talking about.</p> <p class="speaker">Sue Lines</p><p>When Senator Birmingham stood on his point of order, he explained—</p><p>Honourable senators interjecting—</p><p>Order across the chamber! Senator Birmingham explained that it was his contingency notice which was being used to enable Senator McGrath to suspend because he'd been denied leave around the one-minute statement. So the question is that the suspension motion, as moved by Senator McGrath, be agreed to.</p><p></p> -
- The majority voted against a [motion](https://www.openaustralia.org.au/senate/?gid=2023-12-07.145.11) introduced by Queensland Senator [James McGrath](https://theyvoteforyou.org.au/people/senate/queensland/james_mcgrath) (LNP), which means it failed.
- ### Motion text
- > *That so much of the standing orders be suspended as would prevent me making a statement.*
- Standing orders are the procedural rules of parliament.
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