Speaker’s Rulings — State Services Minister—Lodging Questions 
Speaker’s Rulings — State Services Minister—Lodging Questions 
[Volume:644;Page:13497] 
Wednesday 5 December 2007 
Madam Speaker 
 took the Chair at 2 p.m. 
Prayers 
. 
Speaker’s Rulings 
State Services Minister—Lodging Questions 
Madam SPEAKER 
: Yesterday Gerry Brownlee raised a point of order concerning the lodging of question for oral answer No. 8. The question as originally directed by the member to the Minister of State Services addressed remarks made by another Minister the Minister for the Environment relating to matters relevant to the State Services Commission investigation of the engagement of Clare Curran by the Ministry for the Environment. The Clerk’s Office having been so advised by the Cabinet Office informed Mr Brownlee that ministerial responsibility for this investigation now resided with the Minister of Justice and that the question should therefore be addressed to the Minister of Justice. 
A member cannot insist on a particular Minister dealing with a question. The matters addressed in the question as originally lodged were not ones where only one Minister could be expected to have personal knowledge of the subject. Standing Order 369(a) allows questions to be put to a Minister relating to public affairs with which the Minister is officially connected. Speaker’s Ruling 138/1 makes it clear that it is not a matter for the Speaker or the House to determine which Minister has responsibility for the public affairs to which a question relates. The arrangement of administrative responsibility within Cabinet is an internal arrangement. The Government determines which Minister is responsible. 
Ministerial responsibility is not being avoided. A decision has been taken that it should reside with another Minister. Questions must be addressed to the Minister who is responsible. In this instance that is now the Minister of Justice. However there should be clarity about ministerial responsibility. Although the Government may make changes of this nature it does make the situation more complex for members lodging questions. Ideally such changes should be rare arising only from real and significant conflicts of interest. Where they do occur it would be helpful to members if the Government were to ensure members are officially informed. 
GERRY BROWNLEE (National—Ilam) 
: 
 I raise a point of order Madam Speaker. That is a long ruling. It draws on the experience of the House and we of course accept that you have given a ruling in this way. The issue of ministerial delegations though immediately comes to mind. It is now some weeks since Cabinet was reshuffled yet there is still no formal list of the delegations for the various Ministers who sit outside Cabinet and it is not clear exactly where the delegations do lie in Cabinet. Madam Speaker has your office received any such information? If not when would you expect the House to be able to understand the way in which the Government is constructing its ministry? 
Madam SPEAKER 
: That is a matter for the Government and I am sure we will all be informed in time. 
Hon MURRAY McCULLY (National—East Coast Bays) 
: 
 I raise a point of order Madam Speaker. I ask you to perhaps give some thought to a matter that is close to the matter you have just ruled upon. It is accepted of course that Ministers have a right to transfer to redirect a question to another Minister. But I think as I look at page 137 of  
Speakers’ Rulings 
 that it is clear that the purpose for that redirection is to ensure that the most appropriate Minister can answer that question. It is also apparent in Speakers’ ruling 138/3 that the Speaker has the discretion to refuse to allow the redirection of a question to another Minister where the Speaker considers this to be an abuse—in other words where the purpose is one that is different from ensuring that the most appropriate Minister answers the question. I would like at some stage some indication that Ministers who avoid answering a question through a redirection would be brought to heel by yourself using that precedent. 
Madam SPEAKER 
: I thank the member for his contribution. As Mr Brownlee noted considerable thought was given to the ruling I have read out. The point that the member raised was addressed there.