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Title

Ch19 Parliamentary privilege / MANNER OF DEALING WITH PRIVILEGE AND CONTEMPT / Reports / Proceedings following report

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Parliamentary privilege

Chapter No.

Chapter 19

Page

750

Section No.

 

System Id

procedural/practcer/chapter19.78.doc


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Ch19 Parliamentary privilege / MANNER OF DEALING WITH PRIVILEGE AND CONTEMPT / Reports / Proceedings following report



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House of Representatives                                Ch 19                                                 p 750

 

Parliamentary privilege / MANNER OF DEALING WITH PRIVILEGE AND CONTEMPT / Reports

 

Proceedings following report

On presentation of the committee’s report to the House by the chair, the practice is for the report to be ordered to be made a Parliamentary Paper. 1 The House may then order that it be taken into consideration at the next sitting 2 or on a specified day. 3 In order that Members may consider the report and the questions of privilege involved, the practice of the House has been to consider the report at a future time, 4 but in cases where persons have been found by the committee to be guilty of committing a breach of privilege or contempt, early consideration is usually given by the House. 5

If consideration is made an order of the day for a future day, the order of the day takes precedence over other notices and orders of the day. 6 A motion or motions may be moved declaratory of the House’s view on the committee’s report and recommendations and in respect of the House’s proposed action. A motion of this kind is normally debated and decided at that time, 7 although debate may be adjourned and resumed later. 8 If the committee finds that no breach of privilege or contempt has been committed, the House may take no action in respect of the report after it has been presented. 9 The House has agreed to a resolution, on the recommendation of the Committee of Privileges, requesting the Speaker to initiate discussions with the Minister for Justice on a matter. 10 The House does not necessarily follow the committee’s findings and recommendations in declaring itself in relation to the matter or any penalty that may be decided. 11 Any motion proposed is subject to amendment. 12 It has been recommended that seven days’ notice should be required of any motion to impose a fine or commit a person for contempt or breach of privilege, although the recommendation has not been implemented. 13

In respect of the reports on two inquiries conducted by the Committee of Privileges in 1980 (the Use of House Records Case and the Berthelsen Case ), which were presented towards the end of the 31st Parliament, the House resolved, at its second last sitting, that it was of the opinion that the reports should be considered early in the next Parliament. The general issues were dealt with in the 1984 report of the Joint Select Committee on Parliamentary Privilege.



VP 1978-80/1613; VP 1993-95/1697, 2567. The report’s details should not be debated on this motion.



VP 1974/84.



VP 1978-80/1613.



For comment on this general view with respect to privilege questions see H.R. Deb. (29.5.08) 11701-2; 

H.R. Deb. (27.3.35) 326.



See H.R. Deb. (11.9.80) 1178-84.



NP 186 (17.9.80) 11681; VP 1978-80/1672-3; unless the order of the day is postponed, VP 1964-66/377.



VP 1978-80/147-8.



VP 1990-92/1540.



VP 1973-74/562; House of Representatives Committee of Privileges, Report relating to a letter allegedly written by the Secretary, Department of Aboriginal Affairs , PP 236 (1973) 4; VP 1985-87/1272; VP 1993-95/1697.



VP 1993-95/2664.



E.g. VP 1970-72/901-2; VP 1990-92/1487, 1540, 1551, 1633, PP 118 (1992).



VP 1954-55/270.



PP 219 (1984) 115, but see J 1987-89/524, 536.