Opportunities for private Members
House of
Representatives Infosheet No. 6 Revised September 1998 Page menu
: Private Members' Mondays | Committee and delegation
reports | Private Members' business | Private
Members' Motions | Private Members' Bills | Members'
statements | Petitions | Grievance debate
| Adjournment debate | Members' Statements in the
Main Committee | Budget debate | Address in
Reply | Timetable | Suggestions for further
reading A private Member is defined generally as a Member who does
not hold any of the following positions: Prime Minister, Speaker, Minister, Leader
of the Opposition, Deputy Leader of the Opposition, Leader of a recognised party
or Parliamentary Secretary. However, for the purposes of private Members' business,
a private Member is any Member of the House other than the Prime Minister, the
Speaker, a Minister or Parliamentary Secretary. The commonly used term 'backbencher',
which is sometimes used as a synonym for the term private Member, strictly refers
to Members who sit on a back bench, as opposed to those Members who sit on the
front benches reserved for Ministers and members of the Opposition Executive.
A simplistic view of the role of the House is that it exists merely to 'rubber
stamp' government legislation. Such analysis ignores the roles of the Opposition
and of private Members in the House, not to mention their very active participation
in parliamentary committees. Certainly, given the strength of party discipline,
the Government's will ultimately prevails in the House, but it is a mistake to
assume that proceedings of the House are completely dominated by the Executive
Government. Not surprisingly, the largest proportion of the time of the House
is taken up with government business, that is, government sponsored legislation
and, to a lesser extent, motions and ministerial statements. Although all Members,
subject to time constraints, are able to participate in debate on government business,
the requirement for debate to be relevant to the question before the House obliges
them to confine their remarks to matters on the government agenda. However, the
rules of the House do provide important opportunities for private Members to initiate
legislation and to have topics of their own choice debated. There is also a variety
of other opportunities for private Members to speak in the House on matters of
concern to them. 
Private Members' Mondays Most of each sitting Monday
is reserved for non-government business. The sequence of business is as follows:
- Committee and delegation reports
- Private Members' business (motions
and bills)
- Members' statements
- Question time
- Presentation of petitions
- A further period of private Members' business
- Grievance debate
The normal daily routine resumes at approximately 5.20 p.m. with notices and orders
of the day (i.e. government business). To enable Members to be assured of a significant
period free of interruptions, any division called for in the House during private
Members' business, on a question other than a motion moved by a Minister, is deferred
until after grievance debate.
Committee and delegation reports The period immediately
following prayers (at 12.30 p.m.) is reserved for the presentation of reports
of parliamentary committees and delegations. The objective of all committee inquiries
is the presentation of a report to the House, setting out the committee's conclusions
and recommendations (see Infosheet No. 4 — Committees).
Reports are also presented from delegations of Members who have taken part in
fact-finding visits overseas or who have attended parliamentary conferences. The
Member presenting a report and other Members may make statements in connection
with it. The Member presenting the report may also move a motion in connection
with it, for example, 'that the House take note of the report'. Debate on the
motion is normally adjourned until a future day. Following the presentation of
reports, the period until the start of private Members' business is reserved for
the resumption of proceedings on reports presented previously. The Selection
Committee decides the order of presentation, and allots time for the consideration,
of committee and delegation reports.
Private Members' business Commencing no later than
1.15 p.m. and continuing until 1.45 p.m. and again for another hour following
the presentation of petitions, debate takes place on private Members' business,
that is, bills and motions sponsored by private Members. A private Member
wishing to move a motion or introduce a bill gives notice (that is, advance warning
of his or her intention) in writing to the Clerk. A notice may be handed in to
the Table Office or given to one of the Clerks in the Chamber. Notices are listed
on the Notice Paper under the heading 'Private Members' Business'. Those not selected
by the Selection Committee for debate within eight sitting weeks are dropped from
the Notice Paper. The arrangement of private Members' business is the responsibility
of the Selection Committee, a committee of 11 backbench Members. When the House
is sitting the committee meets weekly and considers notices lodged by private
Members. It normally reports on Tuesdays, listing the matters for debate on the
Monday of the next sitting week. It usually selects, and allocates time for, three
or four items for each private Members' business period. In choosing items for
debate the committee pays regard to selection guidelines agreed to by the House.
The guidelines ensure that all Members have a fair chance of having matters debated
and also take into account the nature of the subject, for example, its importance
and the extent to which it comes within the responsibility of the Commonwealth
Parliament.
Private Members' Motions A motion is a proposal framed
in such a way that, if agreed to, it would claim to express the will or judgment
of the House. Typical private Members' motions may take the form 'That this House
places on record its support for/opposes/is concerned about . . .' or 'That this
House calls on the Government to/condemns . . .'. An extremely wide range of propositions
has been put to the House under these procedures. Topics of national and international
importance have been discussed, as well as matters of concern to particular regions,
groups or industries. By decision of the Selection Committee, the majority
of motions considered as private Members' business are not voted on, the debate
being adjourned and made an order of the day for a subsequent private Members'
Monday.
Private Members' Bills The introduction of a private
Members' bill is given priority over other private Members' business. When the
notice for a private Members' bill is called on by the Clerk, the Member presents
the bill and may speak in support of it for up to five minutes. It is then read
a first time, the second reading of the bill automatically becoming an eligible
item of business for the next private Members' Monday. The allocation of time
for the debate on the second reading is determined by the Selection Committee.
If the second reading is agreed to by the House, further consideration of the
bill is given priority over other private Members' business. Under the procedures
of the House, private Members have great freedom in the introduction of bills,
with the important exception that only the Government may initiate a bill imposing
or varying a tax or requiring the appropriation of revenue or money. Statistically,
bills initiated by private Members are a small proportion of legislation dealt
with by the House. Nevertheless, the ability of any Member to put legislative
proposals before the House is a very important right, and procedures in operation
since 1988 have seen an increase in the number of private Members' bills. 104
private Members' bills were introduced into the House between 1901 and 1988 —
by mid 1998 this figure had risen to 201. Since Federation 14 non-government bills
have passed into law — 13 introduced by private Members or private Senators
and one by the Speaker.
Members' statements During this 15 minute period (1.45
to 2 p.m.) any Member other than a Minister or a Parliamentary Secretary may be
called by the Chair to make a statement of up to 90 seconds in duration. The call
is alternated between non-government and government Members. If no other Member
seeks to speak, a Member who has already spoken may make up to two additional
statements. Members may make statements on any topic of concern to them. They
may also use the occasion to give an oral notice of intention to move a motion
or present a bill, although this opportunity is rarely used. This short period
of 'statements by Members' each week is one of the most interesting innovations
to occur in the procedures of the House in recent years. Although 90 seconds seems
a very short time, it is surprising how much can be said during such a period.
The range of subjects raised is enormous, from international tragedies to complaints
about petrol prices in a town or congratulations on sporting achievements.
Petitions Petitions lodged for presentation to the
House are announced by the Clerk as the first item of business following questions
without notice. The announcement indicates the Member lodging each petition, and
gives a brief summary of the action sought and of the identity and number of petitioners.
The time taken for this announcement is between about five and ten minutes. (Infosheet
No. 11 — Petitions outlines the petitioning process in more detail.)
Grievance debate At approximately 4 p.m., after the
conclusion of private Members' business, the Chair proposes the question 'That
grievances be noted'. Debate on the question is practically unlimited in scope,
giving Members the opportunity, in 10 minute speeches, to raise matters in which
they have a particular interest or to ventilate complaints of constituents. It
would be unusual for two or more Members participating in the debate to speak
on the same subject. By a quirk of history, despite its importance as a vehicle
for private Members, the grievance debate is listed as government business on
the Notice Paper. This is because of its origins in the former financial procedures
of the House (pre-1963), which were derived from the ancient practice of the House
of Commons insisting on airing its grievances before granting money to the Crown.
Despite its origins, the grievance debate today has no technical significance,
its value being the provision of an opportunity for wide debate, similar to that
provided by the motion for the adjournment of the House. The distribution of the
call is similar to that of the adjournment debate, the first call going to an
opposition Member, then alternating. Ministers are permitted to participate, although
in practice they rarely do.
Other opportunities Adjournment debate
A standard half-hour adjournment debate is scheduled at the end of every sitting
day. Debate takes place on the motion 'That the House do now adjourn' and the
usual rule that debate must be relevant to the question before the House does
not apply. In effect the scope of debate is practically unlimited. Members may
speak for five minutes each. An opposition Member traditionally receives the first
call and the call then alternates in the normal way. If no other Member wishes
to speak, a Member who has already spoken may speak again. Normally at 11 p.m.
(Mondays and Tuesdays), 8 p.m. (Wednesdays) or 6 p.m. (Thursdays), the Speaker
interrupts the debate in order to adjourn the House until the time of its next
meeting. A Minister may however require the debate to be extended for up to 10
minutes to enable Ministers to speak in reply to matters raised in the debate.
Since 1998, a half hour adjournment debate has also taken place on Thursdays
in the Main Committee, from 12.30 pm or from earlier completion of business.
A Member wishing to raise a matter in the adjournment debate falling within the
responsibilities of a particular Minister or concerning a particular Member usually
alerts that Minister or Member beforehand. As well as being courteous, this practice
allows the Minister or Member to arrange to be present during the debate if he
or she so wishes and, in the case of a Minister, to make a response.
Members' Statements in the Main Committee Since 1998
there has been a period reserved for statements by Members in the Main Committee
on Thursdays. Any Member other than a Minister or Parliamentary Secretary may
speak for up to 3 minutes. This opportunity only occurs if the Committee meets
before 10 am and lasts for 18 minutes or until 10 am. (The Committee usually meets
at 9.40 am.)
Budget debate The standing orders exempt the debate
on the second reading of Appropriation Bill (No. 1) from the usual rule of relevance
by allowing 'matters relating to public affairs' to be debated. The Budget debate
thus provides a significant opportunity, often extending over several weeks, for
Members to speak on matters of their own choice.
Address in Reply At the beginning of each session
of Parliament a formal 'Address in Reply' is prepared in response to the Governor-General's
opening speech. A wide ranging debate on the motion 'That the Address be agreed
to' then takes place, possibly lasting several weeks. Each Member may speak for
20 minutes. The Address in Reply debate is traditionally an opportunity for newly
elected Members to make their first speeches in the House.
Members use the opportunities described above
to raise matters which are of particular concern to them. Such concerns range
widely, from the purely local to the international. One Member may want to speak
on industrial, employment or environmental issues in his or her electorate, or
to complain about a constituent's difficulties with the bureaucracy. Another Member
may wish to publicise an event not widely covered by the media, such as an achievement
by an individual. A Member may wish to draw attention to a new scientific discovery
or to what he or she sees as a significant overseas development, perhaps with
implications for Australia. A Member may want to try to correct a perceived deficiency
in a particular law, or to propose alternative economic policies. The opportunities
available to private Members allow such matters to be raised outside the strictures
of the institutionalised contest between the parties. Matters brought forward
under the various procedures open to private Members are sometimes of a partisan
nature. However a great many are not party-political, and there are occasions
when matters raised are supported or endorsed by Members on the other side of
the House or a motion is seconded by a Member of different political persuasion
to the mover. Timetable 12.30 p.m. to approximately 5.20
p.m. each sitting Monday - 12.30 p.m.
- 1.—PRAYERS
12.35
p.m (approx)- 2.—PRESENTATION OF COMMITTEE AND DELEGATION REPORTS
Order
of presentation and time for any statements set by Selection Committee.
3.—RESUMPTION OF PROCEEDINGS ON COMMITTEE AND DELEGATION REPORTS
Order
and time for consideration set by Selection Committee.
1.15 p.m- 4.—PRIVATE
MEMBERS' BUSINESS
Commencing no later than 1.15 p.m. and continuing until
1.45 p.m. and again for 1 hour following presentation of petitions.
Order
and timetable of business set by Selection Committee.
Priority given to
the introduction of bills, sponsors being allowed 5 minutes to speak at this stage.
Notices and orders of the day called on in the order they appear on the Notice
Paper (i.e. as determined by Selection Committee).
1.45 p.m. - 5.—MEMBERS'
STATEMENTS
From 1.45 p.m. to 2 p.m. Each statement shall be of no more than
90 seconds duration.
2 p.m.- 6.—QUESTION TIME
2.50 p.m (approx)- 7.—PRESENTATION
OF PETITIONS
3 p.m (approx) - 8.—PRIVATE MEMBERS' BUSINESS
Resumption
4
p.m (approx) - 9.—GRIEVANCE DEBATE
Commencing at approximately 4 p.m.,
the debate continues for 1 hour and 20 minutes.
5.20 p.m (approx) - 10.—DIVISIONS
Any
division called for in the House during private Members' business on a Monday
(other than on a motion moved by a Minister) stands postponed until after grievance
debate.
Suggestions for further readingHouse
of Representatives Practice, 3rd edn. A.G.P.S., Canberra, 1997. pp 539–553.
House of Representatives Standing Committee on Procedure Improved Opportunities
for Private Members: Proposed Sessional Orders. AGPS, Canberra, 1987. (Parliamentary
Paper 219 of 1987).
Last updated:
September 1998
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