The Speaker Trevor Mallard gave a ruling in Parliament yesterday on the Government tactic of avoiding answering written questions.
SPEAKER’S RULINGS
Written Questions—Replies
Mr SPEAKER: I have reviewed some replies to written questions provided recently. The Minister for Economic Development has responded to a series of questions saying that they are out of order under Standing Order 380. That is not an answer to the question. It is not for Ministers to rule things out of order. Only I may rule on relevance and admissibility. If it appears to a Minister that the question is not in order, then the proper course is to return it to the Clerk’s office or to enter into a discussion with the Clerk’s office, or to enter into a discussion with the Clerk’s office.
I have also seen written questions asking what meetings a Minister has attended between certain dates that have been answered by “What is meant by meetings?” That is not an answer to the question. If a Minister is not clear what a question means, he or she could contact the member who has asked the question in order to seek clarification. A Minister’s office should be able to receive clarification and provide a reply to the question within six working days.
I remind Ministers of their duty to the House, and through the House, to the country to account for the public offices they hold. Ministers should give informative replies to the questions they are asked, where it is consistent with the public interest to do so—Speakers rulings’ 176/5 and 177/5.
The questions that I have mentioned today will be returned to Ministers, and I would expect that they would be replied to urgently. I will continue to review answers to written questions periodically to ensure questions are being addressed.
Robert Guyton
/ 8th December 2017Good to see Farrar still having a go, despite losing his access rights – that must have stung!
Gerrit
/ 8th December 2017Will it? The PR distribution network that is Kiwiblog does not require its principle to have physical access to parliament. Parliament comes to him.
Just like The Standard does not need physical access to parliament. MP’s or their staff come to them to disseminate anything “anonymously” that needs broadcasting.
Parliamentary access was important before social media became widespread but these days, simple texts, phone calls, emails, tweets, instagrams, skype and a myriad of social media applications means physical contact and face to face meetings are not as important.
Nor are physical face to face meetings as immediate or rapid as electronic information dissemination.
Time to move into the 22nd century if you think access to parliament (or the loss there off) is still important.
Blazer
/ 8th December 2017getting a bit ahead of yourself there…’Time to move into the 22nd century if you think access to parliament (or the loss there off) is still important.’…tell that to all the lobby groups…new one resurrected now Labour in..charge.
Gerrit
/ 8th December 2017I would say that having his cell phone number in as many MP’s and their staff mobiles (and vices versa) is far more important than having physical access to parliament buildings.
Access to buildings does not equate to access to MP’s or their staff. Secretaries to mollycoddle, appointments to be made, time wasting running around, etc..
Winston Peters may be one of the few that may like the face to face over a single malt but I would say that would be the exception rather than the rule.
robertguyton
/ 8th December 2017“Parliament comes to him”
The Opposition/National Party, you surely mean.
Gerrit
/ 8th December 2017Is her majesties royal opposition not part of parliament? He will be used by anyone inside parliament if it suits their purposes.
robertguyton
/ 8th December 2017“used” – indeed.
robertguyton
/ 8th December 2017He’ll be turned away at the door – that’s a fall from grace. Nice to see ya’all sticking up for the guy though!
Gerrit
/ 8th December 2017He does not even need to show up at the door to have access to the people inside.
robertguyton
/ 8th December 2017Doesn’t need tomay as well not bother to show up at the door to have access to thepeople insideNational Party/Opposition.robertguyton
/ 8th December 2017Graeme Edgeler’s comment (above) is good, though he should have used “occasionally” where he wrote “sometimes”.
George
/ 8th December 2017Mallard might just turn out to be a not bad speaker.
However he got educated by the previous speaker who was unhappy at the waffling rulings and hopefully will not do that again
High Flying Duck
/ 8th December 2017https://yournz.org/2017/12/08/pointless-points-of-order/#comment-237924
Ray
/ 8th December 2017I have to say Trevor is making all the right noises and moves to be an excellent Speaker, possible an outstanding one but early days yet.
Poacher turned Gamekeeper etc.
robertguyton
/ 8th December 2017Kiwiblog ranters loathe Trevor Mallard and have demeaned him for years. Remember the cycle challenge from Cameron Slater? Trevor kicked that arse. Righties screeched for weeks about that. Wasn’t Trevor recovering from a serious cycle crash leading up to the Slater challenge? Made of stern stuff, Mr Speaker!
traveller
/ 8th December 2017You dismiss kiwibloggers as “ranters”. Any inkling as to what they might think of you ?
Nonody screeched about Mallard bearing WO in bike race. Au contraire respect for both parties by both parties was restored( albeit temporarily). This is the manner which men do things. Better than slugging it out in parliament. .
Ray
/ 8th December 2017There is plenty to dislike about Trevor, fighting in Parliament, ripping young people off on Trademe with tickets, various women, school closures and of course he was a school teacher.
But I forgive him most of that if he really turns out to be a top Speaker.
And so far he is looking good.
traveller
/ 8th December 2017Keeping Stock (lifted from WO)
duperez
/ 8th December 2017“For Carter to intervene in this issue, so publicly, suggests that Mallard is in over his head.”
For anyone to say Carter intervening in this issue, so publicly suggests that Mallard is in over his head, suggests that they hate Mallard, hate him being Speaker and hate Labour being in government. And ignored what happened the next day.
I watched both days live and it is good to have access to the what happened.
Thursday
Retrospective Rulings—Interpretation of Speaker’s Ruling 20/5
“Mr SPEAKER: The second point: yesterday, the Rt Hon David Carter raised with me the issue of retrospective rulings on matters of order. I’ve reflected on that matter and on methods of disagreeing with a ruling of the Chair. Earlier this year the Standing Orders Committee considered the matter of retrospective rulings.
An extract from the committee’s report appears as Speaker’s ruling 20/5. However, in light of the matters raised, it is worth referring to the full text of the report at page 14: “There is a well-established prohibition on raising points of order in the House about events that have passed. This helps ensure that points of order address matters that are relevant to the maintenance of order at that point in time and are not themselves used to disrupt the order of the House. This prohibition on retrospective points of order is appropriate and we encourage Speakers to continue not to entertain them. We consider, however, that the Speaker is able to deal retrospectively in the House with matters of order if the Speaker considers it is important and in the House’s interest to do so. The Speaker’s primary task is to preside over the effective conduct of proceedings. Where an incident may have a continued impact on the House’s ability to deal with its business, the Speaker can address the matter. Members should raise such issues privately with the Speaker, outside the House. This ensures that the prohibition on retrospective points of order remains undisturbed and members can discuss their concerns with the Speaker away from the charged atmosphere of the Chamber. There is still, of course, a strong presumption that points of order will be raised immediately. As always, rulings of the Speaker are final. A retrospective ruling on a matter of order does not reopen the matter for discussion.”
The committee intended that the Speaker could, on his or her initiative, deal with retrospective matters of order. It did not empower members to raise such matters on the floor of the House and, in fact, required them to be raised privately with the Speaker. While the event that led to the change involved a comment that the Speaker had not heard, the report did not restrict members’ rights to raise a variety of matters relating to the order of the House and the rights of members. The presumption remains that a point of order must be raised once and cannot be raised by a member at a later time—Speakers’ rulings 20/3 and 20/4.
Speakers from Guinness through to Carter have ruled that when a matter has been the subject of a decision by the Chair, that decision is final and comment on it is not allowed. Members have a right and a duty to raise points of order where they feel the House is outside its Standing Orders, but any attempt to bring into question the Chair’s decision is out of order and is in no way protected by the Standing Orders. To persist in doing so, despite warning, makes it a highly disorderly procedure—Speakers’ ruling 22/3. The only way to challenge the ruling of a Speaker is by a direct motion on notice—Speakers’ rulings 17/6 and 18/1.
Points of order are not intended to ask questions or to seek clarification. They are to deal with matters of order at the time they are occurring in the House or to draw the Speaker’s attention to the fact that a member intends to exercise a right given by Standing Orders, such as making a personal explanation. I thank the Rt Hon David Carter for raising this matter. I will circulate this ruling immediately and I will be available in my office from 5 to 6 p.m. today and again next week, if members require further clarification.”
robertguyton
/ 8th December 2017Keeping Stock, the disgraced Keeping Stock of “Dirty Politics” repute, John Key-adoring Keeping Stock is regularly wrong and relentlessly anti-Left; he’s wrong about this issue and wrong to continue with his dirty business, despite being busted for it. Long memories, us Lefties have!
traveller
/ 9th December 2017Messenger, not message as usual. The new speaker hasn’t a clue and he’s intemperate and erratic.
Gezza
/ 9th December 2017Actually that sounds more like a description of the last one.
traveller
/ 9th December 2017Hmmm. Don’t think ex had a patch on Mallard when it vines to intemperance.
You would stick up for a duck wouldn’t you!
Gezza
/ 9th December 2017😍 😀 Yup.
Even Al did at the cafe at Waitangi yesterday. He was very generous of spirit to a hungry one.