Points of Order — Questions for Oral Answer—Questions to Spokesperson 
Points of Order — Questions for Oral Answer—Questions to Spokesperson 
[Volume:630;Page:2344] 
Points of Order 
Questions for Oral Answer—Questions to Spokesperson 
Hon Dr NICK SMITH (National—Nelson) 
: 
 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) 
: 
 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. 
Hon Dr NICK SMITH (National—Nelson) 
: 
 I raise a point of order Madam Speaker. 
Madam SPEAKER 
: No 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.