Hon Dr NICK SMITH (National—Nelson) Link to this
I raise a point of order, Madam Speaker. It is an important point of order in respect of Standing Orders 370 and 371, and relates to questions to the Government. My point of order relates to a press release by the Government today in the name of Jeanette Fitzsimons, who is stated to be the Government spokesperson on energy efficiency. The core of our parliamentary democracy is the capacity to question members in this House on their responsibilities. The advice I have had from the Clerk’s Office is that it is not possible for me to lodge questions to Jeanette Fitzsimons, despite the fact she is the Government spokesperson on energy efficiency. The Energy Efficiency and Conservation Authority has a vote of nearly $20 million a year. Its officials have advised me that, indeed, Jeanette Fitzsimons is the person in charge of that. Madam Speaker, I do not necessarily wish you to give a ruling off the cuff, because I think that when the Standing Orders were written it was not envisaged that members from an Opposition party would have responsibilities within the Government, but I think you do need to give a considered ruling. Members need to be able to question members who have specific responsibilities—in this case, Jeanette Fitzsimons as the Government spokesperson on energy efficiency.
Hon Dr MICHAEL CULLEN (Leader of the House) Link to this
I think this matter is very clear. Standing Order 369 obviously relates to questions to Ministers; it is absolutely specific in that respect. Of course, the Minister responsible for these matters is the Acting Minister of Energy, the Hon Trevor Mallard. Standing Order 370(1) does, of course, state: “Questions may be put to a member (not being a Minister or the Speaker) relating to any bill, motion or public matter connected with the business of the House, of which the member has charge.” But that is always interpreted very narrowly. If the member cares to think about it, he will see that it is in his own interest, and that of the Opposition, that it is interpreted very narrowly, because sometimes, obviously, the Government thinks about whether it could somehow invent some questions for Opposition spokespeople on a variety of matters on which it might be interesting to have them under parliamentary scrutiny for an extended period of time. I am sure that narrow interpretation will continue to be the case.
Madam SPEAKERNo, I have heard enough, thank you. The member has had an opportunity to put his point, we have had a response, and I have had advice. The Speaker, of course, is not responsible for how members are described outside this House. In the context of the Standing Orders, however, as has been noted, under Standing Order 369 only Ministers can be questioned. However, it is correct that under Standing Order 370 other members may be questioned in limited circumstances, and those circumstances relate to business before the House.