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Wednesday, 10 November 1982
Page: 3032


Dr KLUGMAN(12.5 a.m.) —I would like to appeal to the Government at this stage. We are dealing with a very dangerous type of legislation. I think even the Acting Attorney-General (Mr N.A. Brown) would agree that the debate has been carried out on a reasonable basis. When votes are taken on this legislation we will have the influx of a significant number of Government supporters especially the boys from the National Party, who have been to end-of- term parties. They are significantly affected by those end-of-term parties not to be able to intelligently-


Mr Ian Robinson —I raise a point of order.


The CHAIRMAN —Order! The honourable member for Cowper will resume his seat. The honourable member for Prospect will withdraw the reflection he made on honourable members of the Committee.


Dr KLUGMAN —I certainly will not, Mr Millar. It is quite obvious from their behaviour that they have been to an end-of-term party and are unable to understand the significance of what is going on in the Committee.


The CHAIRMAN —Order! The honourable member should withdraw in view of his own dignity and the dignity of the Committee. He has made a very serious reflection. Admittedly it is of a collective nature but it rests clearly on every honourable member of this Committee. I ask the honourable member for Prospect to withdraw the reflection. If he wishes to persist he must do so by substantive motion. I ask the honourable member to withdraw.


Dr KLUGMAN —I will not withdraw, Mr Millar. It does not rest on every member of this Committee. It rests on a significant number of members of this Committee. You know as well as I do that a Government supporters' end-of-term party has been going on since 9.30 tonight. It is now 12 o'clock and the amount of liquid that has been consumed is so significant that I am sure they are not able to follow fairly intricate legislation.


The CHAIRMAN —Order! The Committee will come to order. If the honourable member persists he will put the Chair in a very difficult position.


Dr KLUGMAN —All I am asking is that the Government postpone consideration of this legislation.


The CHAIRMAN —Order! The honourable member has put the Chair in a difficult position.


Dr KLUGMAN —Good.


The CHAIRMAN —It relieves the tedium, I can assure the honourable member. In the process, although no doubt it was not his intention, he has defied the Chair. No good can come of his comments. Whilst the reflection was collective in nature, he has not identified those that he has in mind. By virtue of that, he has left every member of this chamber under some cloud as to their connection with the conditions he described. The Chair, in the interests of this institution, cannot overlook the honourable member's action in defying the requirement of the Chair to withdraw. Whilst I have been speaking the honourable member for Prospect has had time to reflect on the position. I suggest that the problem can best be resolved by his, even at this stage, accepting the Chair's direction to withdraw the reflection.


Dr KLUGMAN —Mr Chairman, normally I would withdraw but on this issue the voting will not be taken along party lines. It is quite clear to me that there are some people in this chamber or people who are not in this chamber now but who will enter if there is a division who are not capable of deciding on which side they should be voting.


The CHAIRMAN —Order! The honourable member is offering an opinion to the House. I would not-


Dr KLUGMAN —If the Government had any sense it would postpone the discussion of this-


The CHAIRMAN —Order! The Chair would not presume to challenge the competence of the honourable member for Prospect to make such an assessment of the condition of honourable members. The simple fact of the matter is that the honourable member for Prospect leaves the Chair in the position where it has no alternative but to take action against him for defying the Chair. The Chair, as I hope every honourable member in this place will appreciate, is reluctant to do that but it is left with no option. The matter is now entirely in the hands of the honourable member for Prospect. I invite him for the last occasion to withdraw. No further debate will ensue. If he fails to do so the Chair has no option but to name the honourable gentleman.


Sir James Killen —Mr Chairman, I ask my old friend, with whom I have had significant differences of opinion, in deference to the Committee and to facilitate the business, whether he would undertake a favourable response to your request.


Dr KLUGMAN —I hope that the Government, if I do that, will also take a reasonable attitude and postpone consideration of anything significant tonight which deals with the liberty of the citizen. It is silly for me to withdraw because I believe there are significant numbers of members in this House who are not able to deal with this sort of issue.


The CHAIRMAN —Order! It may be argued that none of us is as competent at this hour of the night as we would have been 10 hours ago, but the fact remains we have a problem to deal with. We cannot delay this matter. Does the honourable member withdraw without qualification?


Dr KLUGMAN —Only if I have an indication from the Government that the-


The CHAIRMAN —No, I must ask the honourable member to withdraw without qualification.


Dr KLUGMAN —No.


The CHAIRMAN —The honourable member for Prospect is named.


Mr Jacobi —Mr Chairman, may we perhaps reflect on the position-


The CHAIRMAN —Order! The honourable member for Hawker is not free in these circumstances to address the Chair. The report must be made to Mr Speaker. The Committee is awaiting the arrival of Mr Speaker, and no debate can ensue during this period.

Consideration interrupted.

In the House


The CHAIRMAN —Mr Speaker, I have to report that the Chair has named the honourable member for Prospect on the grounds of serious allegations in the collective sense against members of the Committee.

Motion (by Sir James Killen) put:

That the honourable member for Prospect be suspended from the service of the House.

Question put.