I will be no more than two minutes at most, Mr. Speaker.
I want to refer to the Australian parliament Debates of 1985, because in 1987 the Australian parliament actually dealt with its privileges. It codified them. In 1985 a debate came on about waiving privilege on a particular point. I just want to refer to Odgers because the thought is that because it was codified it does not apply here. This was before it was codified.
I refer to page 1038 of Odgers' sixth edition. It states:
In the course of debate, views were expressed by Senators that the Senate does not have the power to waive privileges. Senator Durack, a former Attorney-General, said:
I agree with Senator Gareth Evans that this Chamber does not have the power to waive privilege. It is a privilege conferred by the application of the English Bill of Rights of 1688 by section 49 of our Constitution. I do not think it is open to one House of the Parliament to waive or alter it. A declaration of both Houses of Parliament or another Act of Parliament would be required to change it.
I would say we are confronted with a similar situation, an identical situation. The motion before us would order that this House waive its privileges, those same privileges received under section 18 of the British North America Act, the cornerstone of our Constitution. They came to the House through the English Bill of Rights of 1688. It is one of the fundamental laws of the country.
For that reason I say to you, Mr. Speaker, that in waiving privilege we cannot do it because it requires an express act of Parliament, of both chambers. In this case to purport to waive privilege is an impossibility and therefore this motion is null and void. It is void ab initio.