The detailed procedure for a right of reply submission is set out below. The procedure was first set up on 1 September 1998 and is contained in Standing Order 227. The intention of the procedure is to put an applicant in the same position as if s/he had been present in the debate and was able to respond to the remarks.
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Submission to the Speaker. To make a written submission the applicant must:
· show, as a result of the reference: — an adverse impact on their reputation in dealings/associations with others; or — injury to occupation, trade, office or financial credit; or — unreasonable invasion of privacy; and · ask for agreement to incorporate an appropriate response in the parliamentary record. |
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Consideration by the Speaker. The Speaker considers whether it is appropriate to refer the submission to the Privileges Committee, looking at whether: · the subject matter is obviously trivial. · it is frivolous, vexatious or offensive in character. · it is practical for the Committee to consider the submission. If the Speaker decides it inappropriate to refer the matter, s/he will notify the applicant. No right of appeal exists. If a submission is referred to the Privileges Committee, the Secretary of the Committee will contact the applicant to explain the Committee's procedure. |
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Initial consideration by the Privileges Committee. The Committee carries out an initial review in private to see if the subject is sufficiently serious or whether the submission itself is frivolous, vexatious or offensive in character. If, at this stage, the Committee decides not to consider a submission, it reports that decision to the House and the applicant is advised. No right of appeal exists. |
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Detailed consideration by the Privileges Committee. If the initial review finds the matter sufficiently serious, the Committee meets in private but does not consider or judge the truth of any statements made by the applicant or the original remarks made in the House. The Committee has the discretion to request oral evidence from the applicant, considering whether the written submission establishes the position clearly enough. After a final decision is made, the Committee reports to the House and may attach to the report minutes of evidence and all, or part, of the applicant’s submission. It must not otherwise publish the submission. |
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Recommendation of the Privileges Committee. Any recommendations made by the Committee are included in a report which it formally tables in the House. The Committee can recommend that: · no further action is taken; or · an approved response is published or incorporated into Hansard. The Committee cannot make any other recommendations. After the report has been tabled, at which time it becomes publicly available, the House will consider the recommendations and whether to accept them. |