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Legislative Assembly for the ACT: 1999 Week 8 Hansard (26 August) . . Page.. 2507 ..

Mr Berry: There have been no admissions by the Chief Minister that she has been involved in corrupt practice. There has been some corrupt practice in relation to this matter and it needs to be sorted out. I have impugned nobody in this house, and I cannot be asked to withdraw.

MR SPEAKER: Just a moment. Mr Berry, I thought I read the standing order to you. Standing order 117(d) states:

Questions shall not be asked which reflect on or are critical of the character or conduct of those persons ...

It is not "members" but "persons".

Mr Berry: Sir, do you say that that relates to people outside this place as well? Then you will have to throw me out, because I am not going to withdraw.

Mr Moore: Mr Speaker, we are happy to do that but there is a further point of order that I think needs to be taken into account. Part of standing orders is the resolution of the Assembly of 4 May 1995 dealing with freedom of speech and the care we take in the Assembly. Mr Berry is not taking any of that care. In addition, you have already instructed him on a number of occasions to withdraw, and he is still wilfully disobeying your authority and the standing orders of the Assembly.

Mr Berry: I am not going to withdraw. It is not in relation to a member in this place, and I will not withdraw it.

MR SPEAKER: I made the point, Mr Berry, that standing order 117(d) does not mention members in this place. It is a general question. Look it up. It states:

Questions shall not be asked which reflect on or are critical of the character or conduct of those persons whose conduct may only be challenged in a substantive motion, and notice must be given of questions critical of the character or conduct of other persons;

There is no question about it. We are not talking about members of his house.

Mr Berry: Yes, we are. You may take further advice on that. It is about members of this house.

MR SPEAKER: The Administration and Procedure Committee may have to look at changing the standing order to clarify it.

Mr Smyth: Mr Speaker, standing order 116 talks of a member not being a Minister. It is quite clearly aimed at all persons.

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