Page 2781 - Week 08 - Thursday, 11 August 2016
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For the benefit of those in this chamber, I have written to you twice: last night and again today. This matter is urgent. I continue to ask you and, again, I ask you: will you make your decision by the end of today?
MADAM SPEAKER: That is not a statement. That is a question.
MS BURCH: This is the last—
MADAM SPEAKER: Under the standing orders you are—
MS BURCH: It is a rhetorical question.
MADAM SPEAKER: making a statement.
MS BURCH: The reason that I am standing making this statement for the information of those here is that this is the last day when perhaps this chamber may take this referral into its own hands. That is why, rhetorically, I was seeking advice so that it may not need to be considered.
MADAM SPEAKER: I think I am going to have to seek leave of the Assembly to respond which is highly unusual because I am occupying the chair. Ms Lawder, would you like to occupy the chair? I am in the hands of the Assembly.
Mr Rattenbury: Madam Speaker, I think it is appropriate that you respond from the chair. You have been asked a direct question.
MADAM SPEAKER: Thank you. This is a delicate matter. Continuing resolution 5AA sets out a process for me to consider and to decide whether or not to refer a matter that has been brought to my attention to the Commissioner for Standards for inquiry. I have to receive a complaint pursuant to paragraph 5. I have to decide whether there is sufficient evidence to justify investigating the matter and I have to decide whether or not the complaint is frivolous, vexatious or only for political advantage.
At this stage I have sought advice. I have sought advice, some of which has been forthcoming, and I have sought extra advice which is not yet available to me. I am in the process of seeking supplementary advice from the Ethics and Integrity Adviser. I do not believe that I will be in a position to make a final decision on this matter in the course of the sitting day because I have a certain amount of material that I have to weigh up. I am not entirely sure but I will make a decision as quickly as I can.
Ms Burch has said that she needs to know what I am going to do because it may be for the Assembly to take this matter in hand but I would have to seek advice as to what mechanism, apart from a suspension of standing orders, the Assembly would have for taking this matter in hand.
I assure members of the Assembly that since I received this communication at 6.15 yesterday afternoon I have sought advice. I have received some of the advice that
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