Brownlee GerryHon GERRY BROWNLEE (National—Ilam): I rise to support the amendment that's being moved by the Hon Nick Smith to insert new clause 3A a clause that if it's inserted would require the Electoral Commission to report on the processes that are used in any event of the provisions of this bill being triggered. It's very very necessary because if we look at the triggers that are provided in the bill it's simply that the leader of a party reasonably believes that the member of Parliament concerned has acted in a way that has distorted and is likely to continue to distort the proportionality of the political party's representation in Parliament.Now there will be a body of thought that says well only a political party leader can make that choice but throughout the morning throughout last evening and throughout the other day we heard Minister Little saying that's not right: it's not the leader that makes this decision it's the party itself the caucus the group of people the two-thirds of the caucus. We have also established though this morning in discussions that it's the coercive nature of the leader's role that means that the leadership will always be the determiner of when this is triggered. So to have the Electoral Commission reporting to the Parliament on how a procedure around this has been appropriately used and given that they are the body who determines post any general election how the proportionality of Parliament is made up once they analyse how the votes are cast—and everybody knows that that is an interesting and complicated formula. For example in the last election on election night National had two more seats than we ended up with. Now that's not only just the final count of the vote but it's the ripple effect of the calculations that are used to determine that proportionality. So there is a mathematical aspect—CHAIRPERSON (Poto Williams): I don't like to interrupt the member—I'm sorry I'm just going to call you to order. It is very specific in this amendment that it calls on the reporting of the vacancy creation provisions as referred to in sections 55 and 55A. So—Hon GERRY BROWNLEE: Well with respect it actually says that it will consider and report to the House of Representatives on any use of the vacancy creation provisions referred to in sections 55 and 55AAB to 55E" of the bill. So it would be unreasonable I think to say that all we can talk about is the first line of the amendment without explaining how that first line and its subsequent second line are relevant to other sections in the bill.CHAIRPERSON (Poto Williams): However it is not unreasonable to ask the member not to refer to the previous general election because that is not the intent of this particular clause. So if I could confine you to the specifics of—Hon GERRY BROWNLEE: I raise a point of order Madam Chairperson. Is the Chair now ruling that a bill that has the title of Electoral (Integrity) Amendment Bill—there can be no reference in debate to past elections?CHAIRPERSON (Poto Williams): No I'm not ruling that. What I am asking the member to do is to confine his speech to this specific amendment. This bill has been debated for some time. Many of the arguments that the member is raising within his contribution have already been raised in other parts of the debate. I'm looking for some new and relevant material. That's all I'm asking—Hon GERRY BROWNLEE: That is the point Madam Chair. We're on a point of order here—speaking to the point of order simply because someone else has said something—CHAIRPERSON (Poto Williams): Actually could I just ask the member to—and could I just ask for the Clerk to stop the clock. I just want to make a couple of things clear. When we are taking points of order there are clear processes about how that works. You seek a point of order and I call for it then I make a ruling. Then you might seek another point of order. However a point of order is not necessarily a discussion and a debate and a conversation across the House. There's a very clear process that has to happen. So I'm going to hear your next point of order then I'll make a ruling and then hopefully we'll be able to move on.Hon GERRY BROWNLEE: My point of order is asking if the Chair having now agreed that we can refer to elections because it would be ridiculous in a bill like this not to be able to refer to them—are we now though only allowed to bring up material that is completely new without elucidating on points that've previously been made? It is a debate and often in a debate there will be a restatement of positions from different perspectives so that there can be the widest possible consideration of it. This is a very important constitutional debate—no question about it—and we do need to be clear if the Chair or the presiding officers have some predetermination about how it's all to be conducted.CHAIRPERSON (Poto Williams): No. You will resume your seat. That I'm afraid Mr Brownlee is calling into question the integrity of the Chair and I'm going to require you to stand withdraw and apologise.Hon GERRY BROWNLEE: I withdraw and apologise. I raise a point of order Madam Chairperson. I move That the Speaker be recalled.CHAIRPERSON (Poto Williams): The Speaker will be recalled.House resumed."