Download Word

House of Representatives                                Ch 15                                                 p 550

No obligation to answer

It is the established practice of the House, as it is in the House of Commons, that Ministers cannot be required to answer questions. ¹ Outright refusal to answer questions is relatively rare, being restricted largely to questions dealing with clearly sensitive and confidential matters such as security arrangements, Cabinet and Executive Council deliberations, and communications between Ministers and their advisers. Further, if a Minister does not wish to reply to a question on the Notice Paper ultimately he or she may chose simply to ignore it (despite any reminders given in accordance with standing order 105— see p. 556). The question then eventually lapses on prorogation of the Parliament or dissolution of the House.

Occasionally Ministers reply to questions in writing by stating, for example, that the information sought by a Member is unavailable or that the time and staff resources required to collect the information cannot be justified. ² Ministers have refused to answer questions in writing which a public servant had admitted to preparing. ³ A Minister has declined to supply information which was considered to be readily obtainable by other means—for example, in response to a question in writing a Minister has suggested that a Member use the resources of the Parliamentary Library rather than those of his department. ⁴ Ministers have also stated in answer to a question in writing that the question or part of the question sought, for example, a legal opinion or an answer to a hypothetical situation, and a substantive reply has not been given. ⁵

The fact that a question which contravenes the standing orders appears on the Notice Paper from time to time is no reflection on the Speaker or the Clerks, as it is not always possible for them to understand the full implications of a question—only the Minister or his or her staff may have this knowledge. Ministers in replying to such questions generally recognise this situation and are careful in their answers that they do not reflect on the Speaker by suggesting, through implication or otherwise, that he or she has been negligent in permitting a question.

H.R. Deb. (12.5.70) 1949; H.R. Deb. (28.11.88) 3329. May , 23rd edn, p. 352.

H.R. Deb. (30-31.5.72) 3289; H.R. Deb. (18.2.88) 404.

H.R. Deb. (25.5.77) 1897-1903, and see The Table XLVI, 1978, p. 109.

H.R. Deb. (18.2.88) 403.

H.R. Deb. (5.9.67) 823; H.R. Deb. (26.3.69) 954.